HBA-NMO H.B. 1076 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1076
By: Christian
Public Health
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires the Texas Board of Health, by rule, to identify
radiologic procedures that are dangerous or hazardous and that can only be
performed by a practitioner or a certified medical radiologic technologist.
Radiologic procedures involving x-ray machines designed and manufactured
only for dental radiography were exempted from that provision because it
was asserted that the potential for harm to humans from the use of such
equipment is minimal and the Texas Dental Board had already implemented a
training program for dental assistants.  It is now asserted that the risk
of harm to humans from the use of podiatric x-ray machines is similarly
minimal.  In addition, the Board of Podiatric Medical Examiners has also
implemented a training program for podiatric medical assistants.  H.B. 1076
exempts from Board of Health regulations radiologic procedures involving
x-ray machines designed and manufactured only for use in podiatric
radiography.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2.05, Article 4512m, V.T.C.S. (The Medical
Radiological Technologist Certification Act), by adding Subsection (l) to
read as follows: 

(l) Provides that Subsection (g) of this section does not apply to a
radiological procedure involving a podiatric x-ray machine designed and
manufactured only for use in podiatric radiography.  Subsection (g)
requires the Texas Board of Health with the assistance of other appropriate
state agencies to by rule identify by rule  radiologic procedures that are
dangerous or hazardous and that may only be performed by a practitioner or
a medical radiologic technologist certified under this Act. 

SECTION 2. Emergency clause.
  Effective date: upon passage.