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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of a physician's authority to delegate |
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certain radiologic procedures that constitute the practice of |
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medicine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 157.001, Occupations |
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Code, is amended to read as follows: |
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Sec. 157.001. GENERAL AUTHORITY OF PHYSICIAN TO DELEGATE; |
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EXCEPTIONS. |
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SECTION 2. Section 157.001, Occupations Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) Except as provided by Subsection (d), a [A] physician |
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may delegate to a qualified and properly trained person acting |
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under the physician's supervision any medical act that a reasonable |
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and prudent physician would find within the scope of sound medical |
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judgment to delegate if, in the opinion of the delegating |
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physician: |
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(1) the act: |
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(A) can be properly and safely performed by the |
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person to whom the medical act is delegated; |
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(B) is performed in its customary manner; and |
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(C) is not in violation of any other statute; and |
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(2) the person to whom the delegation is made does not |
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represent to the public that the person is authorized to practice |
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medicine. |
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(c) Except as provided by Subsection (d), the [The] board |
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may determine whether: |
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(1) an act constitutes the practice of medicine, not |
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inconsistent with this chapter; and |
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(2) a medical act may be properly or safely delegated |
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by physicians. |
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(d) The following acts constitute the practice of medicine |
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and may not be delegated by a physician: |
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(1) reading or interpreting a radiological study; and |
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(2) rendering a diagnosis based on a radiological |
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study. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |