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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement to obtain a license to practice as an |
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anesthesiologists assistant; imposing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1.Subtitle C, Title 3, Occupations Code, is amended |
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by adding Chapter 207 to read as follows: |
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CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS |
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Section 207.001. DEFINITIONS. In this chapter: |
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(1) "Anesthesiologist" means a physician licensed by the |
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Texas Medical Board who specializes in anesthesiology. |
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(2) "Anesthesiologist assistant" means a person who holds a |
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license issued under this chapter. |
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(3) "Medical board" means the Texas Medical Board. |
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Section 207.002. LICENSE REQUIRED. A person may not |
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practice as an anesthesiologist assistant in this state |
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unless the person holds an anesthesiologist assistant |
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license issued under this chapter. |
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Section 207.003. PRACTICE BY A LICENSE HOLDER. (a) An |
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anesthesiologist assistant may assist the supervising |
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anesthesiologist in developing and implementing an |
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anesthesia care plan for a patient consistent with the rules |
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adopted under this chapter. |
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(b) Assisting an anesthesiologist does not constitute the |
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practice of medicine. |
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(c) Nothing in this chapter shall limit or expand the scope |
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of practice of physician assistants under other statutes. |
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Section 207.004. USE OF TERM ANESTHESIOLOGIST |
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ASSISTANT. (a) A person not licensed under this chapter |
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that uses the title anesthesiologist assistant or holds |
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themselves out to be an anesthesiologist assistant commits an |
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administrative violation under the Occupations Code. |
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(b) A student in an anesthesiologist assistant training |
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program shall be identified as a "student anesthesiologist |
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assistant" or an "anesthesiologist assistant student." A |
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student in an anesthesiologist assistant training program is |
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prohibited from being identified as an "intern," "resident," |
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or "fellow." |
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Section 207. 004. ISSUANCE OF LICENSE; REQUIREMENTS. |
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(a) The medical board shall: |
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(1) Establish qualification for an anesthesiologist |
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assistant to practice in this state; |
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(2) Establish requirements for an examination for a |
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license to practice as an anesthesiologist |
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assistant in this state; |
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(3) Establish minimum education and training |
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requirements necessary for a license to practice |
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as an anesthesiologist assistant; |
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(4) Prescribe the application form for a license to |
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practice as an anesthesiologist assistant; and |
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(5) Develop an approved program of mandatory |
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continuing education and the manner in which |
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attendance at all approved courses, clinics, |
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forums, lectures, programs, or seminars is |
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monitored and recorded. |
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(b) As minimum requirements for licensure, the board shall |
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ensure an applicant: |
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(1) is of good moral character; |
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(2) submits proof of completion of graduate level |
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training program accredited by the Commission of |
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Accreditation of Allied Health Education Programs |
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or its successor organization; |
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(3) submits proof of current certification from the |
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National Commission of Certification of |
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Anesthesiologist Assistants or its successor |
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organization, including passage of a |
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certification examination administered by the |
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National Commission of Certification of |
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Anesthesiologist Assistants which must be taken |
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within 12 months after completing training; |
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(4) pays the required application and licensing fees; |
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and |
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(5) meets any additional qualifications for licensure |
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adopted by the board by rule. |
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Section 207.005. LICENSE FEES. The board shall set and collect |
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fees in amounts that are reasonable and necessary to cover the costs |
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of administering and enforcing this chapter without the use of any |
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other funds generated by the medical board. |
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Section 207.06. BOARD RULES. The board shall adopt rules to |
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implement this chapter that include requirements and limitations on |
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the provision of anesthesia services by an anesthesiologist |
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assistant as determined by the board to be in the best interests of |
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patient health and safety. Rules adopted by the board shall include |
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the following requirements: |
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(a) an anesthesiologist assistant be supervised by an |
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anesthesiologist who is actively engaged in clinical |
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practice and available on-site to provide assistance to |
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the anesthesiologist assistant; |
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(b) limitations on the number of anesthesiologist |
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assistants and student anesthesiologist assistants an |
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anesthesiologist may supervise as determined by the |
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Centers for Medicare and Medicaid Services; and |
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(c) anesthesiologist assistants shall comply with all |
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continuing education requirements and recertification |
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requirements of the National Commission for |
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Certification of Anesthesiologist Assistants or its |
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successor organization. |
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SECTION 2. This Act applies to an application for an |
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anesthesiologist assistant submitted on or after the effective date |
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of this Act. Applications submitted prior to that date are governed |
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by the law as it existed immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. As soon as practicable as the effective date of this |
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Act, the Texas Medical Board shall adopt all rules necessary to |
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implement Chapter 207 as adopted by this Act. |
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(d) SECTION 4. This Act takes effect September 1, 2015. |