Texas 2023 - 88th Regular

Texas House Bill HB2551 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R770 BEE-D
2	2	By: Shaheen H.B. No. 2551
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of associate physicians
8	8	and the authority of an insured to select an associate physician
9	9	under the insured's health insurance policy; requiring an
10	10	occupational license.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 155, Occupations Code, is amended by
13	13	adding Subchapter E to read as follows:
14	14	SUBCHAPTER E. ASSOCIATE PHYSICIAN
15	15	Sec. 155.201. DEFINITION. In this subchapter, "associate
16	16	physician" means an individual licensed under this subchapter to
17	17	practice medicine under a collaborative practice agreement as
18	18	described by Section 155.204.
19	19	Sec. 155.202. RULES. The board shall adopt rules in
20	20	accordance with this subchapter relating to the licensing and
21	21	regulation of associate physicians.
22	22	Sec. 155.203. LICENSE ISSUANCE. On application, the board
23	23	shall issue a license to practice medicine under this subchapter to
24	24	an applicant who:
25	25	(1) is a resident of this state and is a United States
26	26	citizen or a legal permanent resident;
27	27	(2) has proficiency in the English language;
28	28	(3) is a graduate of a board-approved medical or
29	29	osteopathic medical school;
30	30	(4) has passed the first and second components of the
31	31	United States Medical Licensing Examination or the equivalent
32	32	components of another board-approved licensing examination
33	33	described by Section 155.0511:
34	34	(A) not earlier than two years before the date
35	35	the applicant submits an application for licensure as an associate
36	36	physician; and
37	37	(B) not more than three years after the date of
38	38	the applicant's graduation from a medical school or osteopathic
39	39	medical school; and
40	40	(5) either:
41	41	(A) has not completed a board-approved
42	42	postgraduate residency program; or
43	43	(B) has completed a board-approved postgraduate
44	44	residency program and passed the second component of the United
45	45	States Medical Licensing Examination or the equivalent component of
46	46	another board-approved medical licensing examination described by
47	47	Section 155.0511 at any time before the date the applicant submits
48	48	an application for licensure as an associate physician, if on the
49	49	second anniversary of the date of completion of the examination
50	50	requirement the applicant was serving as a resident physician in a
51	51	board-approved postgraduate residency program in the United States
52	52	and continued to do so until not earlier than the 30th day before
53	53	the date the applicant submits an application for licensure as an
54	54	associate physician.
55	55	Sec. 155.204. COLLABORATIVE PRACTICE AGREEMENT REQUIRED.
56	56	(a) An associate physician may not practice as an associate
57	57	physician unless the associate physician has entered into a
58	58	collaborative practice agreement with a physician under this
59	59	subtitle.
60	60	(b) An associate physician must enter into a collaborative
61	61	practice agreement within the period prescribed by board rule.
62	62	(c) A collaborative practice agreement under this section:
63	63	(1) must be in writing;
64	64	(2) may be in the form of a written agreement,
65	65	jointly-agreed protocols, or standing orders for the delivery of
66	66	health care services; and
67	67	(3) may delegate to an associate physician the
68	68	authority to administer or dispense drugs and provide treatment:
69	69	(A) within the scope of practice of the associate
70	70	physician as specified in the agreement; and
71	71	(B) consistent with the skill, training, and
72	72	competence of the associate physician and the collaborating
73	73	physician.
74	74	Sec. 155.205. LIABILITY OF COLLABORATING PHYSICIAN. A
75	75	physician who enters into a collaborative practice agreement with
76	76	an associate physician under Section 155.204 is responsible at all
77	77	times for the oversight of and is liable for any medical act
78	78	performed by the associate physician in the practice of medicine.
79	79	Sec. 155.206. LICENSING OF ASSOCIATE PHYSICIAN AS
80	80	PHYSICIAN. The board by rule shall adopt procedures for the
81	81	issuance of a license to practice medicine as a physician to an
82	82	associate physician who:
83	83	(1) not later than the first anniversary of the date of
84	84	issuance of an associate physician license under this subchapter,
85	85	completes the third component of the United States Medical
86	86	Licensing Examination or the equivalent component of another
87	87	board-approved licensing examination described by Section
88	88	155.0511;
89	89	(2) practices for five years under a collaborative
90	90	practice arrangement as described by Section 155.204; and
91	91	(3) after completing the collaborative practice
92	92	period described by Subdivision (2), achieves a passing score in
93	93	not more than three attempts on the endorsement examination
94	94	described by Section 155.207.
95	95	Sec. 155.207. ENDORSEMENT EXAMINATION. (a) The board
96	96	shall develop and administer an endorsement examination for
97	97	associate physicians who satisfy the requirements of Sections
98	98	155.206(1) and (2).
99	99	(b) The endorsement examination must assess an associate
100	100	physician's mastery of the knowledge required of general primary
101	101	care practitioners licensed in this state.
102	102	(c) The board shall provide practice testing materials to
103	103	associate physicians during the collaborative practice period
104	104	described by Section 155.206(2).
105	105	Sec. 155.208. LICENSING OF CERTAIN ASSOCIATE PHYSICIANS AS
106	106	PHYSICIAN ASSISTANTS. (a) The board and the Texas Physician
107	107	Assistant Board shall jointly adopt rules providing for the
108	108	issuance of a physician assistant license under Chapter 204 to an
109	109	associate physician who does not satisfy the requirements of
110	110	Section 155.206 for the issuance of a license as a physician.
111	111	(b) A rule adopted under Subsection (a) may not require an
112	112	associate physician to satisfy any additional requirements under
113	113	Chapter 204 for the issuance of a physician assistant license.
114	114	Sec. 155.209. EXPIRATION OF ASSOCIATE PHYSICIAN LICENSE.
115	115	The board by rule shall adopt procedures for the expiration of the
116	116	license of an associate physician who is not eligible for the
117	117	issuance of a license as a:
118	118	(1) physician under Section 155.206; or
119	119	(2) physician assistant under Section 155.208.
120	120	SECTION 2. Section 1451.001, Insurance Code, is amended by
121	121	adding Subdivision (2-a) to read as follows:
122	122	(2-a) "Associate physician" means an individual
123	123	licensed under Subchapter E, Chapter 155, Occupations Code, to
124	124	practice medicine under a collaborative practice agreement as
125	125	described by Section 155.204, Occupations Code.
126	126	SECTION 3. Subchapter C, Chapter 1451, Insurance Code, is
127	127	amended by adding Section 1451.129 to read as follows:
128	128	Sec. 1451.129. SELECTION OF ASSOCIATE PHYSICIAN. An
129	129	insured may select an associate physician to provide the services
130	130	scheduled in the health insurance policy that are within the scope
131	131	of the associate physician's license under Subchapter E, Chapter
132	132	155, Occupations Code.
133	133	SECTION 4. Not later than December 1, 2023, the Texas
134	134	Medical Board shall adopt rules as necessary to implement
135	135	Subchapter E, Chapter 155, Occupations Code, as added by this Act.
136	136	SECTION 5. Section 1451.129, Insurance Code, as added by
137	137	this Act, applies only to a health insurance policy that is
138	138	delivered, issued for delivery, or renewed on or after January 1,
139	139	2024.
140	140	SECTION 6. This Act takes effect September 1, 2023.