By: Harris, Hinojosa, Patrick S.B. No. 1360
(Hunter, Naishtat)
A BILL TO BE ENTITLED
AN ACT
relating to continuing education for physicians and nurses
regarding the treatment of tick-borne diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that tick-borne diseases
are an important public health issue in Texas. The legislature
further finds that medical and nursing education on the appropriate
care and treatment of tick-borne diseases is essential to the
delivery of necessary health care to individuals in Texas suffering
from tick-borne diseases. It is the intent of the legislature to
address the need for medical and nursing education on tick-borne
diseases through the continuing medical education requirements for
physicians and nurses.
SECTION 2. Subchapter B, Chapter 156, Occupations Code, is
amended by adding Section 156.059 to read as follows:
Sec. 156.059. CONTINUING EDUCATION IN TICK-BORNE DISEASES.
(a) A physician licensed under this subtitle who submits an
application for renewal of a license to practice medicine and whose
practice includes the treatment of tick-borne diseases is
encouraged to include continuing medical education in the treatment
of tick-borne diseases among the hours of continuing medical
education completed for purposes of rules adopted under Section
156.051(a)(2).
(b) The board shall adopt rules to establish the content of
and approval requirements for continuing medical education
relating to the treatment of tick-borne diseases. In adopting
rules, the board shall seek input from affected parties and review
relevant courses, including courses that have been approved in
other states. Rules adopted under this section must provide for the
identification and approval of accredited continuing medical
education courses that represent an appropriate spectrum of
relevant medical clinical treatment relating to tick-borne
diseases.
(c) If relevant, the board shall consider a physician's
participation in a continuing medical education course approved
under Subsection (b) if:
(1) the physician is being investigated by the board
regarding the physician's selection of clinical care for the
treatment of tick-borne diseases; and
(2) the physician completed the course not more than
two years before the start of the investigation.
(d) The board may adopt other rules to implement this
section.
SECTION 3. Subchapter G, Chapter 301, Occupations Code, is
amended by adding Section 301.304 to read as follows:
Sec. 301.304. CONTINUING EDUCATION IN TICK-BORNE DISEASES.
(a) As part of the continuing education requirements under Section
301.303, a license holder whose practice includes the treatment of
tick-borne diseases shall be encouraged to participate, during each
two-year licensing period, in continuing education relating to the
treatment of tick-borne diseases.
(b) The board shall adopt rules to identify the license
holders who are encouraged to complete continuing education under
Subsection (a) and establish the content of that continuing
education. In adopting rules, the board shall seek input from
affected parties and review relevant courses, including courses
that have been approved in other states. Rules adopted under this
section must provide that continuing education courses
representing an appropriate spectrum of relevant medical clinical
treatment relating to tick-borne diseases qualify as approved
continuing education courses for license renewal.
(c) If relevant, the board shall consider a license holder's
participation in a continuing education course approved under
Subsection (b) if:
(1) the license holder is being investigated by the
board regarding the license holder's selection of clinical care for
the treatment of tick-borne diseases; and
(2) the license holder completed the course not more
than two years before the start of the investigation.
(d) The board may adopt other rules to implement this
section, including rules under Section 301.303(c) for the approval
of education programs and providers.
SECTION 4. The Texas Medical Board and the Texas Board of
Nursing shall consult and cooperate in adopting the rules required
under Sections 156.059 and 301.304, Occupations Code, as added by
this Act.
SECTION 5. Not later than January 31, 2012, the Texas
Medical Board shall adopt rules required by Section 156.059,
Occupations Code, as added by this Act.
SECTION 6. Not later than January 31, 2012, the Texas Board
of Nursing shall adopt rules required by Section 301.304,
Occupations Code, as added by this Act.
SECTION 7. Not later than February 6, 2012, the Texas
Medical Board and the Texas Board of Nursing shall report to the
governor, the lieutenant governor, and the speaker of the house of
representatives concerning the adoption of rules as required by
Sections 156.059 and 301.304, Occupations Code, as added by this
Act.
SECTION 8. Subsection (c), Section 156.059, and Subsection
(c), Section 301.304, Occupations Code, as added by this Act, apply
only to the investigation of a complaint or a disciplinary action
based on a complaint filed on or after the effective date of this
Act. The investigation of a complaint or a disciplinary action
based on a complaint filed before that date is governed by the law
in effect on the date the complaint was filed, and that law is
continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2011.