Texas 2011 - 82nd Regular

Texas Senate Bill SB190 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Nelson, Huffman S.B. No. 190
2	2	(Kolkhorst)
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. Subsection (d), Section 153.051, Occupations
12	12	Code, is amended to read as follows:
13	13	(d) The board may not set, charge, collect, receive, or
14	14	deposit any of the following fees in excess of:
15	15	(1) $900 for a license;
16	16	(2) $400 for a first registration permit;
17	17	(3) $200 for a temporary license;
18	18	(4) $400 for renewal of a registration permit;
19	19	(5) $200 for a physician-in-training permit;
20	20	(6) $600 for the processing of an application and the
21	21	issuance of a registration for anesthesia in an outpatient setting;
22	22	(7) $200 for an endorsement to other state medical
23	23	boards;
24	24	(8) $200 for a duplicate license; or
25	25	(9) [$700 for a reinstated license after cancellation
26	26	for cause; or
27	27	[(10)] $1,200 for an annual fee under Section
28	28	167.011(c) for a program participant in the Texas Physician Health
29	29	Program.
30	30	SECTION 1.02. Section 154.051, Occupations Code, is amended
31	31	by adding Subsections (d) and (e) to read as follows:
32	32	(d) The board may not consider or act on a complaint
33	33	involving care provided more than seven years before the date on
34	34	which the complaint is filed unless the care was provided to a
35	35	minor. If the care was provided to a minor, the board may not
36	36	consider or act on a complaint involving the care after the later
37	37	of:
38	38	(1) the date the minor is 21 years of age; or
39	39	(2) the seventh anniversary of the date of the care.
40	40	(e) On receipt of a complaint, the board may consider a
41	41	previously investigated complaint to determine whether there is a
42	42	pattern of practice violating this subtitle.
43	43	SECTION 1.03. Subchapter B, Chapter 154, Occupations Code,
44	44	is amended by adding Section 154.0535 to read as follows:
45	45	Sec. 154.0535. REQUIREMENTS FOR CERTAIN COMPLAINTS.
46	46	(a) In this section:
47	47	(1) "Anonymous complaint" means a complaint that lacks
48	48	sufficient information to identify the source or the name of the
49	49	person who filed the complaint.
50	50	(2) "Insurance agent" means a person licensed under
51	51	Chapter 4054, Insurance Code.
52	52	(3) "Insurer" means an insurance company or other
53	53	entity authorized to engage in the business of insurance under
54	54	Subtitle C, Title 6, Insurance Code.
55	55	(4) "Third-party administrator" means a person
56	56	required to have a certificate of authority under Chapter 4151,
57	57	Insurance Code.
58	58	(b) The board may not accept anonymous complaints.
59	59	(c) Notwithstanding any confidentiality requirements under
60	60	Chapter 552, Government Code, this subtitle, or rules adopted under
61	61	this subtitle, a complaint filed with the board by an insurance
62	62	agent, insurer, pharmaceutical company, or third-party
63	63	administrator against a physician must include the name and address
64	64	of the insurance agent, insurer, pharmaceutical company, or
65	65	third-party administrator filing the complaint. Not later than the
66	66	15th day after the date the complaint is filed with the board, the
67	67	board shall notify the physician who is the subject of the complaint
68	68	of the name and address of the insurance agent, insurer,
69	69	pharmaceutical company, or third-party administrator who filed the
70	70	complaint, unless the notice would jeopardize an investigation.
71	71	SECTION 1.04. Subsection (b), Section 154.057, Occupations
72	72	Code, is amended to read as follows:
73	73	(b) The board shall complete a preliminary investigation of
74	74	the complaint not later than the 45th [30th] day after the date of
75	75	receiving the complaint. The board shall first determine whether
76	76	the physician constitutes a continuing threat to the public
77	77	welfare. On completion of the preliminary investigation, the board
78	78	shall determine whether to officially proceed on the complaint. If
79	79	the board fails to complete the preliminary investigation in the
80	80	time required by this subsection, the board's official
81	81	investigation of the complaint is considered to commence on that
82	82	date.
83	83	SECTION 1.05. Subsection (e), Section 155.003, Occupations
84	84	Code, is amended to read as follows:
85	85	(e) An applicant is not eligible for a license if:
86	86	(1) the applicant:
87	87	(A) holds a medical license that is currently
88	88	restricted for cause under a disciplinary order or[, canceled for
89	89	cause,] suspended for cause;[,] or
90	90	(B) held a medical license that was surrendered
91	91	or canceled for cause or revoked by a state, another country [a
92	92	province of Canada], or a uniformed service of the United States;
93	93	(2) an investigation or a proceeding is instituted
94	94	against the applicant for the restriction, cancellation,
95	95	suspension, or revocation by another [in a] state or country[, a
96	96	province of Canada,] or by a uniformed service of the United States;
97	97	or
98	98	(3) a prosecution is pending against the applicant in
99	99	any state or[,] federal court[,] or [Canadian] court in another
100	100	country for any offense that under the laws of this state is a
101	101	felony or a misdemeanor that involves moral turpitude.
102	102	SECTION 1.06. Subsection (b), Section 155.101, Occupations
103	103	Code, is amended to read as follows:
104	104	(b) The board may not grant a provisional license under this
105	105	section to an applicant who:
106	106	(1) has had a medical license suspended or revoked by
107	107	another state or country [a Canadian province]; or
108	108	(2) holds a medical license issued by another state or
109	109	country [a Canadian province] that is subject to a restriction,
110	110	disciplinary order, or probationary order.
111	111	SECTION 1.07. Subsection (b), Section 155.104, Occupations
112	112	Code, is amended to read as follows:
113	113	(b) The board may issue a faculty temporary license to
114	114	practice medicine to a physician as provided by this section. The
115	115	physician:
116	116	(1) must hold a current medical license that is
117	117	unrestricted and not subject to a disciplinary order or probation
118	118	in another state or country [a Canadian province] or have completed
119	119	at least three years of postgraduate residency;
120	120	(2) may not:
121	121	(A) hold a medical license in another state or
122	122	country [a Canadian province] that has any restrictions,
123	123	disciplinary orders, or probation; or
124	124	(B) have held a medical license that was
125	125	surrendered or canceled for cause or revoked by another state or
126	126	country or by a uniformed service of the United States;
127	127	(3) must pass the Texas medical jurisprudence
128	128	examination; and
129	129	(4) must hold a salaried faculty position equivalent
130	130	to at least the level of assistant professor and be working
131	131	full-time at one of the following institutions:
132	132	(A) The University of Texas Medical Branch at
133	133	Galveston;
134	134	(B) The University of Texas Southwestern Medical
135	135	Center at Dallas;
136	136	(C) The University of Texas Health Science Center
137	137	at Houston;
138	138	(D) The University of Texas Health Science Center
139	139	at San Antonio;
140	140	(E) The University of Texas Health Center at
141	141	Tyler;
142	142	(F) The University of Texas M. D. Anderson Cancer
143	143	Center;
144	144	(G) Texas A&M University College of Medicine;
145	145	(H) the Schools of Medicine at Texas Tech
146	146	University Health Sciences Center;
147	147	(I) Baylor College of Medicine;
148	148	(J) the University of North Texas Health Science
149	149	Center at Fort Worth;
150	150	(K) an institutional sponsor of a graduate
151	151	medical education program accredited by the Accreditation Council
152	152	for Graduate Medical Education; or
153	153	(L) a nonprofit health corporation certified
154	154	under Section 162.001 and affiliated with a program described by
155	155	Paragraph (K).
156	156	SECTION 1.08. Section 164.003, Occupations Code, is amended
157	157	by amending Subsections (b) and (f) and adding Subsection (i) to
158	158	read as follows:
159	159	(b) Rules adopted under this section must require that:
160	160	(1) an informal meeting in compliance with Section
161	161	2001.054, Government Code, be scheduled not later than the 180th
162	162	day after the date the board's official investigation of the
163	163	complaint is commenced as provided by Section 154.057(b), unless
164	164	good cause is shown by the board for scheduling the informal meeting
165	165	after that date;
166	166	(2) the board give notice to the license holder of the
167	167	time and place of the meeting not later than the 45th [30th] day
168	168	before the date the meeting is held;
169	169	(3) the complainant and the license holder be provided
170	170	an opportunity to be heard;
171	171	(4) at least one of the board members or district
172	172	review committee members participating in the informal meeting as a
173	173	panelist be a member who represents the public;
174	174	(5) the board's legal counsel or a representative of
175	175	the attorney general be present to advise the board or the board's
176	176	staff; and
177	177	(6) a member of the board's staff be at the meeting to
178	178	present to the board's representative the facts the staff
179	179	reasonably believes it could prove by competent evidence or
180	180	qualified witnesses at a hearing.
181	181	(f) The notice required by Subsection (b)(2) must be
182	182	accompanied by a written statement of the nature of the allegations
183	183	and the information the board intends to use at the meeting. If the
184	184	board does not provide the statement or information at that time,
185	185	the license holder may use that failure as grounds for rescheduling
186	186	the informal meeting. If the complaint includes an allegation that
187	187	the license holder has violated the standard of care, the notice
188	188	must include a copy of the report by the expert physician reviewer.
189	189	The license holder must provide to the board the license holder's
190	190	rebuttal at least 15 [five] business days before the date of the
191	191	meeting in order for the information to be considered at the
192	192	meeting.
193	193	(i) On request by a physician under review, the board shall
194	194	make a recording of the informal settlement conference proceeding.
195	195	The recording is a part of the investigative file and may not be
196	196	released to a third party unless authorized under this subtitle.
197	197	The board may charge the physician a fee to cover the cost of
198	198	recording the hearing.
199	199	ARTICLE 2. REGULATION OF PHYSICIAN ASSISTANTS
200	200	SECTION 2.01. Section 204.058, Occupations Code, is amended
201	201	to read as follows:
202	202	Sec. 204.058. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE LAW.
203	203	(a) Except as otherwise provided by this chapter, the physician
204	204	assistant board is subject to Chapters 551 and 2001, Government
205	205	Code.
206	206	(b) The physician assistant board may hear all evidence and
207	207	arguments and conduct deliberations relating to license
208	208	applications and disciplinary actions under this chapter in
209	209	executive sessions. The board shall vote and announce its
210	210	decisions in open session. Deliberations by the board relating to
211	211	license applications and disciplinary actions are exempt from
212	212	Chapter 551, Government Code.
213	213	SECTION 2.02. Subsections (a) and (b), Section 204.153,
214	214	Occupations Code, are amended to read as follows:
215	215	(a) To be eligible for a license under this chapter, an
216	216	applicant must:
217	217	(1) successfully complete an educational program for
218	218	physician assistants or surgeon assistants accredited by the
219	219	Committee on Allied Health Education and Accreditation or by that
220	220	committee's predecessor or successor entities;
221	221	(2) pass the Physician Assistant National Certifying
222	222	Examination administered by the National Commission on
223	223	Certification of Physician Assistants;
224	224	(3) hold a certificate issued by the National
225	225	Commission on Certification of Physician Assistants;
226	226	(4) be of good professional [moral] character;
227	227	(5) meet any other requirement established by board
228	228	rule; and
229	229	(6) pass a jurisprudence examination approved by the
230	230	physician assistant board as provided by Subsection (a-1).
231	231	(b) In addition to the requirements of Subsection (a), an
232	232	applicant is not eligible for a license[, unless the physician
233	233	assistant board takes the fact into consideration in determining
234	234	whether to issue the license,] if the applicant:
235	235	(1) has been issued a license, certificate, or
236	236	registration as a physician assistant in this state or from a
237	237	licensing authority in another state that is revoked or suspended;
238	238	or
239	239	(2) is subject to probation or other disciplinary
240	240	action for cause resulting from the applicant's acts as a physician
241	241	assistant.
242	242	SECTION 2.03. Section 204.155, Occupations Code, is amended
243	243	to read as follows:
244	244	Sec. 204.155. TEMPORARY LICENSE. [(a)] The physician
245	245	assistant board may adopt rules and set fees relating to granting
246	246	temporary licenses and extending the expiration dates of temporary
247	247	licenses. The board by rule shall set a time limit for the term of
248	248	[issue] a temporary license [to an applicant who:
249	249	[(1) meets all the qualifications for a license under
250	250	this chapter but is waiting for the license to be issued at the next
251	251	scheduled meeting of the board;
252	252	[(2) seeks to temporarily substitute for a licensed
253	253	physician assistant during the license holder's absence, if the
254	254	applicant:
255	255	[(A) is licensed or registered in good standing
256	256	in another state;
257	257	[(B) submits an application on a form prescribed
258	258	by the board; and
259	259	[(C) pays the appropriate fee prescribed by the
260	260	board; or
261	261	[(3) has graduated from an educational program for
262	262	physician assistants or surgeon assistants described by Section
263	263	204.153(a)(1) not later than six months before applying for a
264	264	temporary license and is waiting for examination results from the
265	265	National Commission on Certification of Physician Assistants.
266	266	[(b) A temporary license may be valid for not more than one
267	267	year after the date issued as determined by board rule].
268	268	SECTION 2.04. Subchapter D, Chapter 204, Occupations Code,
269	269	is amended by adding Section 204.1551 to read as follows:
270	270	Sec. 204.1551. POSTGRADUATE TRAINING PERMIT. (a) The
271	271	physician assistant board by rule may issue a physician assistant
272	272	postgraduate training permit to a physician assistant not otherwise
273	273	licensed by the board who is participating in a graduate physician
274	274	assistant education training program approved by the board.
275	275	(b) A physician assistant postgraduate training permit does
276	276	not authorize the performance of a physician assistant act by the
277	277	permit holder unless the act is performed:
278	278	(1) as a part of the graduate medical education
279	279	training program; and
280	280	(2) under the supervision of a physician and a
281	281	physician assistant.
282	282	(c) The physician assistant board has jurisdiction to
283	283	discipline a permit holder whose permit has expired if the
284	284	violation of the law occurred during the time the permit was valid.
285	285	If an investigation is open when the permit expires, the permit
286	286	shall be executory and the board may retain jurisdiction.
287	287	SECTION 2.05. Section 204.156, Occupations Code, is amended
288	288	by adding Subsections (g) and (h) to read as follows:
289	289	(g) If the person's license has been expired for one year or
290	290	longer, the person's license is automatically canceled, unless an
291	291	investigation is pending, and the person may not renew the license.
292	292	(h) A physician assistant whose license is automatically
293	293	canceled may obtain a new license by complying with the
294	294	requirements, fees, and procedures for obtaining a new license.
295	295	The physician assistant board may issue a new license without
296	296	examination to a person whose license is automatically canceled for
297	297	less than two years.
298	298	ARTICLE 3. REGULATION OF ACUPUNCTURISTS
299	299	SECTION 3.01. Section 205.060, Occupations Code, is amended
300	300	to read as follows:
301	301	Sec. 205.060. APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
302	302	AND ADMINISTRATIVE PROCEDURE LAWS. (a) Except as provided by this
303	303	chapter, the acupuncture board is subject to Chapters 551, 552, and
304	304	2001, Government Code.
305	305	(b) The acupuncture board may hear all evidence and
306	306	arguments and conduct deliberations relating to license
307	307	applications and disciplinary actions under this chapter in
308	308	executive sessions. The board shall vote and announce its
309	309	decisions in open session. Deliberations by the board relating to
310	310	license applications and disciplinary actions are exempt from
311	311	Chapter 551, Government Code.
312	312	SECTION 3.02. Section 205.3544, Occupations Code, is
313	313	amended to read as follows:
314	314	Sec. 205.3544. LIMIT ON ACCESS TO INVESTIGATION FILES.
315	315	(a) Each complaint, adverse report, investigation file, other
316	316	investigation report, and other investigative information in the
317	317	possession of or received or gathered by the acupuncture board or a
318	318	medical board employee or agent relating to a license holder, an
319	319	application for license, or a criminal investigation or proceeding
320	320	is privileged and confidential and is not subject to discovery,
321	321	subpoena, or other means of legal compulsion for release to anyone
322	322	other than the acupuncture board or medical board employees or
323	323	agents involved in discipline of a license holder.
324	324	(b) Investigation records relating to an application for
325	325	license and disciplinary action of a license holder are exempt from
326	326	Chapter 552, Government Code.
327	327	(c) For purposes of this section, investigative information
328	328	includes information relating to the identity of, and a report made
329	329	by, a physician performing or supervising compliance monitoring for
330	330	the acupuncture board [The acupuncture board shall prohibit or
331	331	limit access to an investigation file relating to a license holder
332	332	in an informal proceeding in the manner provided by Section
333	333	164.007(c)].
334	334	ARTICLE 4. REGULATION OF SURGICAL ASSISTANTS
335	335	SECTION 4.01. Subchapter B, Chapter 206, Occupations Code,
336	336	is amended by adding Section 206.059 to read as follows:
337	337	Sec. 206.059. MEDICAL BOARD MEETINGS; CONFIDENTIALITY.
338	338	(a) The medical board may hear all evidence and arguments and
339	339	conduct deliberations relating to license applications and
340	340	disciplinary actions under this chapter in executive sessions. The
341	341	medical board shall vote and announce its decisions in open
342	342	session.
343	343	(b) Deliberations and records relating to the professional
344	344	character and fitness of applicants as well as related to
345	345	disciplinary actions are exempt from Chapters 551 and 552,
346	346	Government Code.
347	347	SECTION 4.02. Subsection (a), Section 206.203, Occupations
348	348	Code, is amended to read as follows:
349	349	(a) Except as provided by Section 206.206, to be eligible
350	350	for a license, a person must:
351	351	(1) be of good professional [moral] character;
352	352	(2) have not been convicted of a felony or a crime
353	353	involving moral turpitude;
354	354	(3) not use drugs or alcohol to an extent that affects
355	355	the applicant's professional competency;
356	356	(4) not have had a license or certification revoked by
357	357	a licensing agency or by a certifying professional organization;
358	358	and
359	359	(5) not have engaged in fraud or deceit in applying for
360	360	a license under this chapter.
361	361	ARTICLE 5. TRANSITION PROVISIONS
362	362	SECTION 5.01. Sections 153.051, 155.003, 155.101, 155.104,
363	363	204.153, 204.155, and 206.203, Occupations Code, as amended by this
364	364	Act, apply only to an application for a license filed with the
365	365	applicable licensing authority on or after the effective date of
366	366	this Act. An application for a license filed before the effective
367	367	date of this Act is governed by the law in effect on the date the
368	368	application was filed, and that law is continued in effect for that
369	369	purpose.
370	370	SECTION 5.02. Sections 154.051, 154.057, and 164.003,
371	371	Occupations Code, as amended by this Act, and Section 154.0535,
372	372	Occupations Code, as added by this Act, apply only to the
373	373	investigation of a complaint filed on or after the effective date of
374	374	this Act. The investigation of a complaint filed before that date
375	375	is governed by the law in effect on the date the complaint was
376	376	filed, and that law is continued in effect for that purpose.
377	377	SECTION 5.03. Section 204.058, Occupations Code, as amended
378	378	by this Act, and Subsection (b), Section 205.060, and Section
379	379	206.059, Occupations Code, as added by this Act, apply only to a
380	380	contested case hearing conducted on or after the effective date of
381	381	this Act. A contested case filed before the effective date of this
382	382	Act is governed by the law in effect on the date the contested case
383	383	was filed, and that law is continued in effect for that purpose.
384	384	SECTION 5.04. Section 204.156, Occupations Code, as amended
385	385	by this Act, applies only to a license that expires on or after the
386	386	effective date of this Act. A license that expires before the
387	387	effective date of this Act is governed by the law in effect on the
388	388	date the license expires, and that law is continued in effect for
389	389	that purpose.
390	390	ARTICLE 6. EFFECTIVE DATE
391	391	SECTION 6.01. This Act takes effect September 1, 2011.