Bill

SB 848

84(R) - 2015
Senate Health & Human Services
Senate Health & Human Services
Health & Human Services
Licensing & Administrative Procedures

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Craig Estes

Bill Caption

Relating to the regulation of medical radiologic technology; providing an administrative penalty; imposing fees; requiring an occupational license.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

No fiscal implication to units of local government is anticipated.

Bill Analysis

The bill would amend Chapter 601 and add Chapter 207 to the Occupations Code to require a radiologist assistant to register with the Texas Medical Board (TMB) in order to practice as a registered radiologist assistant in Texas. In order to be eligible for registration, a person would be required to:

  1. be a medical radiologic technologist certified under Chapter 601;
  2. hold a degree from an advanced academic program, encompassing a nationally recognized curriculum and a radiologist-directed clinical preceptorship;
  3. be certified as a registered assistant by the American Registry of Radiologic Technologists (ARRT) or be certified as a radiology practitioner assistant by the Certification Board of Radiology Practitioner Assistants (CBRPA); and
  4. be credentialed to provide radiology services under the supervision of a radiologist.

The bill would establish the Registered Radiologist Assistant Advisory Committee composed of five members with certain experience as a registered radiologist assistant. TMB would be required to establish and administer procedures for: complaints, investigative information, reporting requirements, applicants holding out-of-state licenses, fees, issuance of registration, registration renewal, scope of practice, prohibited practices, disciplinary actions, protection of patient identify, rules for disciplinary proceedings, and administrative penalties.

TMB would be authorized to levy an administrative penalty of up to $5,000 for each day a violation of this chapter, or a rule made pursuant to this chapter, occurs.

Vote Recommendation Notes

A similar bill, SB 1079, was filed during the 83rd Legislative Session. It passed out of the Senate but did not pass out of the House.

While we generally oppose expanding occupational requirements, we recognize certain requirements in highly specialized fields, such as health care, may be an unfortunate necessity. This legislation would ensure only properly qualified individuals work as registered radiologist assistants. 

Occupational licensing tends to raise barriers to entry, protect vested interests against unwanted competition, and distort free markets. Given the sensitive nature of the radiology practice, it is prudent to ensure that the individuals working in this space are qualified. The legitimacy of having the state make this determination with respect to radiologist assistants is debatable at best. We are neutral on SB 848.