Texas 2009 - 81st Regular

Texas Senate Bill SB2397 Compare Versions

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1	1	81R15385 JAM-F
2	2	By: Nelson S.B. No. 2397
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of physicians, physician
8	8	assistants, acupuncturists, and surgical assistants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. REGULATION OF PHYSICIANS
11	11	SECTION 1.01. Section 154.057(b), Occupations Code, is
12	12	amended to read as follows:
13	13	(b) The board shall complete a preliminary investigation of
14	14	the complaint not later than the 45th [30th] day after the date of
15	15	receiving the complaint. The board shall first determine whether
16	16	the physician constitutes a continuing threat to the public
17	17	welfare. On completion of the preliminary investigation, the board
18	18	shall determine whether to officially proceed on the complaint. If
19	19	the board fails to complete the preliminary investigation in the
20	20	time required by this subsection, the board's official
21	21	investigation of the complaint is considered to commence on that
22	22	date.
23	23	SECTION 1.02. Sections 155.0031(c) and (d), Occupations
24	24	Code, are amended to read as follows:
25	25	(c) Applicants for a license must subscribe to an oath [in
26	26	writing before an officer authorized by law to administer oaths].
27	27	The written oath is part of the application.
28	28	(d) An applicant must present proof satisfactory to the
29	29	board that:
30	30	(1) each medical school attended by the applicant is
31	31	substantially equivalent to a Texas medical school as determined by
32	32	board rule; or
33	33	(2) the applicant is specialty board certified by a
34	34	specialty board organization acceptable to the board.
35	35	SECTION 1.03. Section 155.004, Occupations Code, is amended
36	36	to read as follows:
37	37	Sec. 155.004. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR
38	38	GRADUATES OF CERTAIN FOREIGN MEDICAL SCHOOLS. A license applicant
39	39	who is a graduate of a medical school that is located outside the
40	40	United States and Canada must present proof satisfactory to the
41	41	board that the applicant:
42	42	(1) is a graduate of a school whose curriculum meets
43	43	the requirements for an unapproved medical school as determined by
44	44	a committee of experts selected by the Texas Higher Education
45	45	Coordinating Board;
46	46	(2) has successfully completed:
47	47	(A) at least three years of graduate medical
48	48	training in the United States or Canada that was approved by the
49	49	board; or
50	50	(B) at least two years of graduate medical
51	51	training in the United States or Canada that was approved by the
52	52	board and at least one year of graduate medical training outside the
53	53	United States or Canada that was approved for advanced standing by a
54	54	specialty board organization approved by the board;
55	55	(3) [is eligible for a license to practice medicine in
56	56	the country in which the school is located, except for any
57	57	citizenship requirements;
58	58	[(4)] holds a valid certificate issued by the
59	59	Educational Commission for Foreign Medical Graduates; and
60	60	(4) [(5)] is able to communicate in English.
61	61	SECTION 1.04. Sections 164.003(b) and (f), Occupations
62	62	Code, are amended to read as follows:
63	63	(b) Rules adopted under this section must require that:
64	64	(1) an informal meeting in compliance with Section
65	65	2001.054, Government Code, be scheduled not later than the 180th
66	66	day after the date the board's official investigation of the
67	67	complaint is commenced as provided by Section 154.057(b), unless
68	68	good cause is shown by the board for scheduling the informal meeting
69	69	after that date;
70	70	(2) the board give notice to the license holder of the
71	71	time and place of the meeting not later than the 45th [30th] day
72	72	before the date the meeting is held;
73	73	(3) the complainant and the license holder be provided
74	74	an opportunity to be heard;
75	75	(4) at least one of the board members or district
76	76	review committee members participating in the informal meeting as a
77	77	panelist be a member who represents the public;
78	78	(5) the board's legal counsel or a representative of
79	79	the attorney general be present to advise the board or the board's
80	80	staff; and
81	81	(6) a member of the board's staff be at the meeting to
82	82	present to the board's representative the facts the staff
83	83	reasonably believes it could prove by competent evidence or
84	84	qualified witnesses at a hearing.
85	85	(f) The notice required by Subsection (b)(2) must be
86	86	accompanied by a written statement of the nature of the allegations
87	87	and the information the board intends to use at the meeting. If the
88	88	board does not provide the statement or information at that time,
89	89	the license holder may use that failure as grounds for rescheduling
90	90	the informal meeting. If the complaint includes an allegation that
91	91	the license holder has violated the standard of care, the notice
92	92	must include a copy of the report by the expert physician reviewer.
93	93	The license holder must provide to the board the license holder's
94	94	rebuttal at least 15 [five] business days before the date of the
95	95	meeting in order for the information to be considered at the
96	96	meeting.
97	97	ARTICLE 2. REGULATION OF PHYSICIAN ASSISTANTS
98	98	SECTION 2.01. Section 204.058, Occupations Code, is amended
99	99	to read as follows:
100	100	Sec. 204.058. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE LAW.
101	101	(a) Except as otherwise provided by this chapter, the physician
102	102	assistant board is subject to Chapters 551 and 2001, Government
103	103	Code.
104	104	(b) The physician assistant board may hear all evidence and
105	105	arguments and conduct deliberations relating to license
106	106	applications and disciplinary actions under this chapter in
107	107	executive sessions. The board shall vote and announce its
108	108	decisions in open session. Deliberations by the board relating to
109	109	license applications and disciplinary actions are exempt from
110	110	Chapter 551, Government Code.
111	111	SECTION 2.02. Sections 204.153(a) and (b), Occupations
112	112	Code, are amended to read as follows:
113	113	(a) To be eligible for a license under this chapter, an
114	114	applicant must:
115	115	(1) successfully complete an educational program for
116	116	physician assistants or surgeon assistants accredited by the
117	117	Committee on Allied Health Education and Accreditation or by that
118	118	committee's predecessor or successor entities;
119	119	(2) pass the Physician Assistant National Certifying
120	120	Examination administered by the National Commission on
121	121	Certification of Physician Assistants;
122	122	(3) hold a certificate issued by the National
123	123	Commission on Certification of Physician Assistants;
124	124	(4) be of good professional [moral] character;
125	125	(5) meet any other requirement established by board
126	126	rule; and
127	127	(6) pass a jurisprudence examination approved by the
128	128	physician assistant board as provided by Subsection (a-1).
129	129	(b) In addition to the requirements of Subsection (a), an
130	130	applicant is not eligible for a license[, unless the physician
131	131	assistant board takes the fact into consideration in determining
132	132	whether to issue the license,] if the applicant:
133	133	(1) has been issued a license, certificate, or
134	134	registration as a physician assistant in this state or from a
135	135	licensing authority in another state that is revoked or suspended;
136	136	or
137	137	(2) is subject to probation or other disciplinary
138	138	action for cause resulting from the applicant's acts as a physician
139	139	assistant.
140	140	SECTION 2.03. Section 204.155, Occupations Code, is amended
141	141	to read as follows:
142	142	Sec. 204.155. TEMPORARY LICENSE. [(a)] The physician
143	143	assistant board may adopt rules and set fees relating to granting
144	144	temporary licenses and extending the expiration dates of temporary
145	145	licenses. The board by rule shall set a time limit for the term of
146	146	[issue] a temporary license [to an applicant who:
147	147	[(1) meets all the qualifications for a license under
148	148	this chapter but is waiting for the license to be issued at the next
149	149	scheduled meeting of the board;
150	150	[(2) seeks to temporarily substitute for a licensed
151	151	physician assistant during the license holder's absence, if the
152	152	applicant:
153	153	[(A) is licensed or registered in good standing
154	154	in another state;
155	155	[(B) submits an application on a form prescribed
156	156	by the board; and
157	157	[(C) pays the appropriate fee prescribed by the
158	158	board; or
159	159	[(3) has graduated from an educational program for
160	160	physician assistants or surgeon assistants described by Section
161	161	204.153(a)(1) not later than six months before applying for a
162	162	temporary license and is waiting for examination results from the
163	163	National Commission on Certification of Physician Assistants].
164	164	[(b) A temporary license may be valid for not more than one
165	165	year after the date issued as determined by board rule.]
166	166	SECTION 2.04. Subchapter D, Chapter 204, Occupations Code,
167	167	is amended by adding Section 204.1551 to read as follows:
168	168	Sec. 204.1551. POSTGRADUATE TRAINING PERMIT. (a) The
169	169	physician assistant board by rule may issue a physician assistant
170	170	postgraduate training permit to a physician assistant not otherwise
171	171	licensed by the board who is participating in a graduate physician
172	172	assistant education training program approved by the board.
173	173	(b) A physician assistant postgraduate training permit does
174	174	not authorize the performance of a physician assistant act by the
175	175	permit holder unless the act is performed:
176	176	(1) as a part of the graduate medical education
177	177	training program; and
178	178	(2) under the supervision of a physician and a
179	179	physician assistant.
180	180	(c) The physician assistant board has jurisdiction to
181	181	discipline a permit holder whose permit has expired if the
182	182	violation of the law occurred during the time the permit was valid.
183	183	If an investigation is open when the permit expires, the permit
184	184	shall be executory and the board may retain jurisdiction.
185	185	SECTION 2.05. Section 204.156, Occupations Code, is amended
186	186	by adding Subsections (f-1) and (f-2) to read as follows:
187	187	(f-1) If the person's license has been expired for one year
188	188	or longer, the person's license is automatically canceled, unless
189	189	an investigation is pending, and the person may not renew the
190	190	license.
191	191	(f-2) A physician assistant whose license is automatically
192	192	canceled may obtain a new license by complying with the
193	193	requirements, fees, and procedures for obtaining a new license.
194	194	The physician assistant board may issue a new license without
195	195	examination to a person whose license is automatically canceled for
196	196	less than two years.
197	197	ARTICLE 3. REGULATION OF ACUPUNCTURISTS
198	198	SECTION 3.01. Section 205.060, Occupations Code, is amended
199	199	to read as follows:
200	200	Sec. 205.060. APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
201	201	AND ADMINISTRATIVE PROCEDURE LAWS. (a) Except as provided by
202	202	this chapter, the acupuncture board is subject to Chapters 551,
203	203	552, and 2001, Government Code.
204	204	(b) The acupuncture board may hear all evidence and
205	205	arguments and conduct deliberations relating to license
206	206	applications and disciplinary actions under this chapter in
207	207	executive sessions. The board shall vote and announce its
208	208	decisions in open session. Deliberations by the board relating to
209	209	license applications and disciplinary actions are exempt from
210	210	Chapter 551, Government Code.
211	211	SECTION 3.02. Section 205.208, Occupations Code, is amended
212	212	to read as follows:
213	213	Sec. 205.208. TEMPORARY LICENSE. The acupuncture board may
214	214	adopt rules and recommend to the medical board fees relating to
215	215	granting temporary licenses and extending the expiration dates of
216	216	temporary licenses. The acupuncture board by rule shall set a time
217	217	limit for the term of a temporary license. [(a) The acupuncture
218	218	board may, through the executive director, issue a temporary
219	219	license to practice acupuncture to an applicant who:
220	220	[(1) submits an application on a form prescribed by
221	221	the acupuncture board;
222	222	[(2) has passed a national or other examination
223	223	recognized by the acupuncture board relating to the practice of
224	224	acupuncture;
225	225	[(3) pays the appropriate fee;
226	226	[(4) if licensed in another state, is in good standing
227	227	as an acupuncturist; and
228	228	[(5) meets all the qualifications for a license under
229	229	this chapter but is waiting for the next scheduled meeting of the
230	230	medical board for the license to be issued.
231	231	[(b) A temporary license is valid for 100 days after the
232	232	date issued and may be extended only for another 30 days after the
233	233	date the initial temporary license expires.]
234	234	SECTION 3.03. Section 205.3544, Occupations Code, is
235	235	amended to read as follows:
236	236	Sec. 205.3544. LIMIT ON ACCESS TO INVESTIGATION FILES. (a)
237	237	Each complaint, adverse report, investigation file, other
238	238	investigation report, and other investigative information in the
239	239	possession of or received or gathered by the acupuncture board or a
240	240	medical board employee or agent relating to a license holder, an
241	241	application for license, or a criminal investigation or proceeding
242	242	is privileged and confidential and is not subject to discovery,
243	243	subpoena, or other means of legal compulsion for release to anyone
244	244	other than the acupuncture board or medical board employees or
245	245	agents involved in discipline of a license holder.
246	246	(b) Investigation records relating to an application for
247	247	license and disciplinary action of a license holder are exempt from
248	248	Chapter 552, Government Code.
249	249	(c) For purposes of this subsection, investigative
250	250	information includes information relating to the identity of, and a
251	251	report made by, a physician performing or supervising compliance
252	252	monitoring for the acupuncture board [The acupuncture board shall
253	253	prohibit or limit access to an investigation file relating to a
254	254	license holder in an informal proceeding in the manner provided by
255	255	Section 164.007(c)].
256	256	ARTICLE 4. REGULATION OF SURGICAL ASSISTANTS
257	257	SECTION 4.01. Subchapter B, Chapter 206, Occupations Code,
258	258	is amended by adding Section 206.059 to read as follows:
259	259	Sec. 206.059. MEDICAL BOARD MEETINGS; CONFIDENTIALITY. (a)
260	260	The medical board may hear all evidence and arguments and conduct
261	261	deliberations relating to license applications and disciplinary
262	262	actions under this chapter in executive sessions. The medical
263	263	board shall vote and announce its decisions in open session.
264	264	(b) Deliberations and records relating to the professional
265	265	character and fitness of applicants as well as related to
266	266	disciplinary actions are exempt from Chapters 551 and 552,
267	267	Government Code.
268	268	SECTION 4.02. Section 206.203(a), Occupations Code, is
269	269	amended to read as follows:
270	270	(a) Except as provided by Section 206.206, to be eligible
271	271	for a license, a person must:
272	272	(1) be of good professional [moral] character;
273	273	(2) have not been convicted of a felony or a crime
274	274	involving moral turpitude;
275	275	(3) not use drugs or alcohol to an extent that affects
276	276	the applicant's professional competency;
277	277	(4) not have had a license or certification revoked by
278	278	a licensing agency or by a certifying professional organization;
279	279	and
280	280	(5) not have engaged in fraud or deceit in applying for
281	281	a license under this chapter.
282	282	ARTICLE 5. TRANSITION PROVISIONS
283	283	SECTION 5.01. Sections 155.0031, 155.004, 204.153,
284	284	205.208, and 206.203, Occupations Code, as amended by this Act,
285	285	apply only to an application for a license filed with the applicable
286	286	licensing authority on or after the effective date of this Act. An
287	287	application for a license filed before the effective date of this
288	288	Act is governed by the law in effect on the date the application was
289	289	filed, and that law is continued in effect for that purpose.
290	290	SECTION 5.02. Sections 154.057 and 164.003, Occupations
291	291	Code, as amended by this Act, apply only to the investigation of a
292	292	complaint filed on or after the effective date of this Act. The
293	293	investigation of a complaint filed before that date is governed by
294	294	the law in effect on the date the complaint was filed, and that law
295	295	is continued in effect for that purpose.
296	296	SECTION 5.03. Section 204.058, Occupations Code, as amended
297	297	by this Act, and Section 205.060(b), Occupations Code, as added by
298	298	this Act, apply only to a contested case hearing conducted on or
299	299	after the effective date of this Act. A contested case filed before
300	300	the effective date of this Act is governed by the law in effect on
301	301	the date the contested case was filed, and that law is continued in
302	302	effect for that purpose.
303	303	SECTION 5.04. Section 204.156, Occupations Code, as amended
304	304	by this Act, applies only to a license that expires on or after the
305	305	effective date of this Act. A license that expires before the
306	306	effective date of this Act is governed by the law in effect on the
307	307	date the license expires, and that law is continued in effect for
308	308	that purpose.
309	309	ARTICLE 6. EFFECTIVE DATE
310	310	SECTION 6.01. This Act takes effect September 1, 2009.