Texas 2011 - 82nd Regular

Texas Senate Bill SB1360 Compare Versions

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1	1	By: Harris, Hinojosa, Patrick S.B. No. 1360
2	2	(Hunter, Naishtat)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to continuing education for physicians and nurses
8	8	regarding the treatment of tick-borne diseases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The legislature finds that tick-borne diseases
11	11	are an important public health issue in Texas. The legislature
12	12	further finds that medical and nursing education on the appropriate
13	13	care and treatment of tick-borne diseases is essential to the
14	14	delivery of necessary health care to individuals in Texas suffering
15	15	from tick-borne diseases. It is the intent of the legislature to
16	16	address the need for medical and nursing education on tick-borne
17	17	diseases through the continuing medical education requirements for
18	18	physicians and nurses.
19	19	SECTION 2. Subchapter B, Chapter 156, Occupations Code, is
20	20	amended by adding Section 156.059 to read as follows:
21	21	Sec. 156.059. CONTINUING EDUCATION IN TICK-BORNE DISEASES.
22	22	(a) A physician licensed under this subtitle who submits an
23	23	application for renewal of a license to practice medicine and whose
24	24	practice includes the treatment of tick-borne diseases is
25	25	encouraged to include continuing medical education in the treatment
26	26	of tick-borne diseases among the hours of continuing medical
27	27	education completed for purposes of rules adopted under Section
28	28	156.051(a)(2).
29	29	(b) The board shall adopt rules to establish the content of
30	30	and approval requirements for continuing medical education
31	31	relating to the treatment of tick-borne diseases. In adopting
32	32	rules, the board shall seek input from affected parties and review
33	33	relevant courses, including courses that have been approved in
34	34	other states. Rules adopted under this section must provide for the
35	35	identification and approval of accredited continuing medical
36	36	education courses that represent an appropriate spectrum of
37	37	relevant medical clinical treatment relating to tick-borne
38	38	diseases.
39	39	(c) If relevant, the board shall consider a physician's
40	40	participation in a continuing medical education course approved
41	41	under Subsection (b) if:
42	42	(1) the physician is being investigated by the board
43	43	regarding the physician's selection of clinical care for the
44	44	treatment of tick-borne diseases; and
45	45	(2) the physician completed the course not more than
46	46	two years before the start of the investigation.
47	47	(d) The board may adopt other rules to implement this
48	48	section.
49	49	SECTION 3. Subchapter G, Chapter 301, Occupations Code, is
50	50	amended by adding Section 301.304 to read as follows:
51	51	Sec. 301.304. CONTINUING EDUCATION IN TICK-BORNE DISEASES.
52	52	(a) As part of the continuing education requirements under Section
53	53	301.303, a license holder whose practice includes the treatment of
54	54	tick-borne diseases shall be encouraged to participate, during each
55	55	two-year licensing period, in continuing education relating to the
56	56	treatment of tick-borne diseases.
57	57	(b) The board shall adopt rules to identify the license
58	58	holders who are encouraged to complete continuing education under
59	59	Subsection (a) and establish the content of that continuing
60	60	education. In adopting rules, the board shall seek input from
61	61	affected parties and review relevant courses, including courses
62	62	that have been approved in other states. Rules adopted under this
63	63	section must provide that continuing education courses
64	64	representing an appropriate spectrum of relevant medical clinical
65	65	treatment relating to tick-borne diseases qualify as approved
66	66	continuing education courses for license renewal.
67	67	(c) If relevant, the board shall consider a license holder's
68	68	participation in a continuing education course approved under
69	69	Subsection (b) if:
70	70	(1) the license holder is being investigated by the
71	71	board regarding the license holder's selection of clinical care for
72	72	the treatment of tick-borne diseases; and
73	73	(2) the license holder completed the course not more
74	74	than two years before the start of the investigation.
75	75	(d) The board may adopt other rules to implement this
76	76	section, including rules under Section 301.303(c) for the approval
77	77	of education programs and providers.
78	78	SECTION 4. The Texas Medical Board and the Texas Board of
79	79	Nursing shall consult and cooperate in adopting the rules required
80	80	under Sections 156.059 and 301.304, Occupations Code, as added by
81	81	this Act.
82	82	SECTION 5. Not later than January 31, 2012, the Texas
83	83	Medical Board shall adopt rules required by Section 156.059,
84	84	Occupations Code, as added by this Act.
85	85	SECTION 6. Not later than January 31, 2012, the Texas Board
86	86	of Nursing shall adopt rules required by Section 301.304,
87	87	Occupations Code, as added by this Act.
88	88	SECTION 7. Not later than February 6, 2012, the Texas
89	89	Medical Board and the Texas Board of Nursing shall report to the
90	90	governor, the lieutenant governor, and the speaker of the house of
91	91	representatives concerning the adoption of rules as required by
92	92	Sections 156.059 and 301.304, Occupations Code, as added by this
93	93	Act.
94	94	SECTION 8. Subsection (c), Section 156.059, and Subsection
95	95	(c), Section 301.304, Occupations Code, as added by this Act, apply
96	96	only to the investigation of a complaint or a disciplinary action
97	97	based on a complaint filed on or after the effective date of this
98	98	Act. The investigation of a complaint or a disciplinary action
99	99	based on a complaint filed before that date is governed by the law
100	100	in effect on the date the complaint was filed, and that law is
101	101	continued in effect for that purpose.
102	102	SECTION 9. This Act takes effect September 1, 2011.