HB5274 - Relating to the licensing and regulation of anesthesiologist assistants; requiring an occupational license; providing an administrative penalty; authorizing fees.

  89R971 JTZ-F     By: Cunningham H.B. No. 5274       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of anesthesiologist   assistants; requiring an occupational license; providing an   administrative penalty; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 3, Occupations Code, is   amended by adding Chapter 207 to read as follows:   CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   207.001.     SHORT TITLE. This chapter may be cited as the   Anesthesiologist Assistant Licensing Act.           Sec. 207.002.  DEFINITIONS. In this chapter:                 (1)  "Anesthesiologist" means a physician who:                       (A)     holds a license in good standing issued by   the medical board under Subtitle B;                       (B)  is certified in anesthesiology by:                             (i)     the American Board of Physician   Specialties;                             (ii)     the American Osteopathic Board of   Anesthesiology; or                             (iii)     a certifying board recognized by the   medical board; and                       (C)     has a medical practice in which the physician   regularly practices anesthesiology.                 (2)     "Anesthesiologist assistant" means a person who   holds a license issued under this chapter.                 (3)     "Anesthesiologist assistant board" means the   Texas Anesthesiologist Assistant Board.                 (4)  "Medical board" means the Texas Medical Board.                 (5)     "Practice as an anesthesiologist assistant" means   personally performing a medical task delegated to the person by a   supervising anesthesiologist.           Sec.   207.003.     APPLICABILITY. (a) A person is not required   to hold a license issued under this chapter to practice as:                 (1)     a technician, assistant, or employee of a   physician who performs delegated tasks but does not act as an   anesthesiologist assistant or represent that the person is an   anesthesiologist assistant; or                 (2)     any other licensed health care worker acting   within the scope of that person's license if the person:                       (A)     does not use the title "anesthesiologist   assistant" or the initials "C.A.A." or "A.A."; or                       (B)     is not represented or designated as an   anesthesiologist assistant.           (b)     This chapter does not limit the employment arrangement   of an anesthesiologist assistant licensed under this chapter.   SUBCHAPTER B. TEXAS ANESTHESIOLOGIST ASSISTANT BOARD           Sec.   207.051.     ANESTHESIOLOGIST ASSISTANT BOARD. (a) The   Texas Anesthesiologist Assistant Board is an advisory board to the   medical board.           (b)     Chapter 2110, Government Code, does not apply to the   anesthesiologist assistant board.           Sec.   207.052.     APPOINTMENT OF BOARD. (a)   The   anesthesiologist assistant board consists of five members   appointed by the president of the medical board as follows:                 (1)  two anesthesiologist assistants;                 (2)  two anesthesiologists;  and                 (3)     one member who represents the public and is not   licensed or trained in a health care profession.           (b)     Appointments to the anesthesiologist assistant board   shall be made without regard to the race, color, disability, sex,   religion, age, or national origin of the appointee.           Sec.   207.053.     TERMS; VACANCIES. (a)   Members of the   anesthesiologist assistant board are appointed for staggered   six-year terms.   The terms of one or two members, as appropriate,   expire on February 1 of each odd-numbered year.           (b)  A member may not serve more than:                 (1)  two consecutive full terms; or                 (2)  a total of three full terms.           (c)     If a vacancy occurs during a member's term, the   president of the medical board shall appoint a new member to serve   the unexpired term.           Sec. 207.054.     OFFICERS.     The president of the medical board   shall designate an anesthesiologist assistant member of the   anesthesiologist assistant board as the presiding officer of the   board to serve in that capacity at the will of the president.   The   anesthesiologist assistant board shall select from its membership a   secretary to serve a one-year term.           Sec.   207.055.     GROUNDS FOR REMOVAL. (a) It is a ground for   removal from the anesthesiologist assistant board that a member:                 (1)     does not have at the time of taking office the   qualifications required by Section 207.052;                 (2)     does not maintain during service on the   anesthesiologist assistant board the qualifications required by   Section 207.052;                 (3)     cannot, because of illness or disability,   discharge the member's duties for a substantial part of the member's   term; or                 (4)     is absent from more than half of the regularly   scheduled anesthesiologist assistant board meetings that the   member is eligible to attend during a calendar year without an   excuse approved by a majority vote of the board.           (b)     The validity of an action of the anesthesiologist   assistant board is not affected by the fact that it is taken when a   ground for removal of a board member exists.           (c)     If the executive director of the medical board has   knowledge that a potential ground for removal exists, the executive   director shall notify the presiding officer of the anesthesiologist   assistant board of the potential ground.   If the potential ground   for removal involves the presiding officer, the executive director   shall notify the next highest ranking officer of the   anesthesiologist assistant board, who shall then notify the   president of the medical board that a potential ground for removal   exists.           Sec. 207.056.     COMPENSATION; REIMBURSEMENT OF EXPENSES.   A   member of the anesthesiologist assistant board may not receive   compensation but is entitled to reimbursement for actual and   necessary expenses incurred in performing the functions of the   board, subject to the General Appropriations Act.           Sec.   207.057.     OPEN MEETINGS; ADMINISTRATIVE PROCEDURE LAW.   Except as otherwise provided by this chapter, the anesthesiologist   assistant board is subject to Chapters 551 and 2001, Government   Code.           Sec. 207.058.     TRAINING. (a) A person who is appointed to   and qualifies for office as a member of the anesthesiologist   assistant board may not vote, deliberate, or be counted as a member   in attendance at a meeting of the board until the person completes a   training program that complies with this section.           (b)     The training program must provide the person with   information regarding:                 (1)     the law governing anesthesiologist assistant   board operations;                 (2)     the programs, functions, rules, and budget of the   anesthesiologist assistant board;                 (3)     the scope of and limitations on the rulemaking   authority of the anesthesiologist assistant board;                 (4)     the results of the most recent formal audit of the   anesthesiologist assistant board;                 (5)  the requirements of:                       (A)     laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                       (B)     other laws applicable to members of the   anesthesiologist assistant board in performing their duties; and                 (6)     any applicable ethics policies adopted by the   anesthesiologist assistant board or the Texas Ethics Commission.           (c)     A person appointed to the anesthesiologist assistant   board is entitled to reimbursement, as provided by the General   Appropriations Act, for the travel expenses incurred in attending   the training program regardless of whether the attendance at the   program occurs before or after the person qualifies for office.           (d)     The executive director of the medical board shall create   a training manual that includes the information required by   Subsection (b).     The executive director shall distribute a copy of   the training manual annually to each anesthesiologist assistant   board member.     On receipt of the training manual, each board member   shall sign and submit to the executive director a statement   acknowledging receipt of the training manual.   SUBCHAPTER C. POWERS AND DUTIES OF ANESTHESIOLOGIST ASSISTANT BOARD   AND MEDICAL BOARD           Sec.   207.101.     GENERAL POWERS AND DUTIES OF ANESTHESIOLOGIST   ASSISTANT BOARD; MEDICAL BOARD APPROVAL. (a)   The anesthesiologist   assistant board shall adopt rules that are reasonable and necessary   for the performance of the anesthesiologist assistant board's   duties under this chapter, as provided by Chapter 2001, Government   Code, including rules to establish:                 (1)  licensing, renewal, and other fees;                 (2)  license renewal dates; and                 (3)  procedures for disciplinary actions.           (b)     The medical board, by a majority vote, shall approve or   reject each rule adopted by the anesthesiologist assistant board.   If approved, the rule may take effect. If the rule is rejected, the   medical board shall return the rule to the anesthesiologist   assistant board for revision.           Sec.   207.102.     GUIDELINES FOR EARLY INVOLVEMENT IN   RULEMAKING PROCESS. (a) The anesthesiologist assistant board   shall adopt guidelines to establish procedures for receiving [Text truncated for display. Full text available on Congress.gov.]