Texas 2023 88th Regular

Texas House Bill HB2556 Introduced / Bill

Filed 02/21/2023

Download
.pdf .doc .html
                    88R8089 BEE-F
 By: Oliverson H.B. No. 2556


 A BILL TO BE ENTITLED
 AN ACT
 relating to the licensing and regulation of physician graduates and
 the authority of an insured to select a physician graduate under the
 insured's health insurance policy; requiring an occupational
 license; authorizing fees.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 155, Occupations Code, is amended by
 adding Subchapter E to read as follows:
 SUBCHAPTER E. PHYSICIAN GRADUATE
 Sec. 155.201.  DEFINITION. In this subchapter, "physician
 graduate" means an individual licensed under this subchapter to
 practice medicine under a supervising practice agreement as
 described by Section 155.205.
 Sec. 155.202.  RULES. The board shall adopt rules in
 accordance with this subchapter relating to the licensing and
 regulation of physician graduates, including rules relating to:
 (1)  procedures and fees for the issuance, term, and
 renewal of a license under this subchapter;
 (2)  practices and requirements for the supervision of
 physician graduates; and
 (3)  any other matter necessary to ensure protection of
 the public, including disciplinary procedures.
 Sec. 155.203.  LICENSE ISSUANCE. On application, the board
 shall issue a license to practice medicine under this subchapter to
 an applicant who:
 (1)  is a resident of this state and is:
 (A)  a United States citizen or a legal permanent
 resident; or
 (B)  otherwise authorized under federal law to
 work in the United States;
 (2)  has proficiency in the English language;
 (3)  is a graduate of:
 (A)  a board-approved medical school or
 osteopathic medical school; or
 (B)  a medical school located outside of the
 United States that is not approved by the board, if the applicant is
 licensed in good standing to practice medicine in another country;
 (4)  has passed the second component of the United
 States Medical Licensing Examination or the equivalent component of
 another board-approved licensing examination described by Section
 155.0511;
 (5)  is not enrolled in a board-approved postgraduate
 residency program; and
 (6)  meets any other requirement prescribed by board
 rule.
 Sec. 155.204.  FEES. The amount of a fee for the issuance or
 renewal of a license under this subchapter may not exceed the amount
 of a fee for the issuance or renewal of a physician assistant
 license under Chapter 204.
 Sec. 155.205.  SUPERVISING PRACTICE AGREEMENT REQUIRED. (a)
 A physician graduate shall enter into a supervising practice
 agreement with a physician who is:
 (1)  licensed under this subtitle; and
 (2)  not currently subject to disciplinary action by
 the board.
 (b)  A physician graduate who has not entered into a
 supervising practice agreement described by Subsection (a) may not
 practice or attempt to practice medicine.
 Sec. 155.206.  LIMITED PRACTICE BY LICENSE HOLDER. A
 physician graduate license holder may provide only primary care
 services, as defined by board rule, under supervision in accordance
 with the supervising practice agreement described by Section
 155.205.
 Sec. 155.207.  LIABILITY OF SUPERVISING PHYSICIAN. A
 physician who enters into a supervising practice agreement with a
 physician graduate under Section 155.205 is responsible at all
 times for the oversight of and is liable for any medical act
 performed by the physician graduate in the provision of primary
 care services.
 Sec. 155.208.  IDENTIFICATION REQUIREMENTS; USE OF TITLE.
 (a) The holder of a license issued under this subchapter shall at
 all times while practicing as a physician graduate display a
 personal identification document identifying the license holder as
 a physician graduate.
 (b)  A physician graduate may use the following titles or
 abbreviations:
 (1)  "doctor"; or
 (2)  "Dr." or "doc."
 Sec. 155.209.  STATUS AS GENERAL PRACTITIONER. A physician
 graduate license holder is considered a general practitioner for
 purposes of regulations of the federal Centers for Medicare and
 Medicaid Services.
 Sec. 155.210.  LICENSE RENEWAL. The board may not renew a
 license issued under this subchapter unless the board verifies that
 the license holder has practiced in accordance with this subchapter
 under a supervising practice agreement described by Section 155.205
 in the license term preceding the application for renewal.
 Sec. 155.211.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
 The board may deny an application for licensure or suspend or revoke
 a license issued under this subchapter:
 (1)  for any ground provided by Chapter 164 or board
 rule; and
 (2)  in the manner provided by Chapter 164.
 SECTION 2.  Section 1451.001, Insurance Code, is amended by
 adding Subdivision (16-a) to read as follows:
 (16-a) "Physician graduate" means an individual
 licensed under Subchapter E, Chapter 155, Occupations Code, to
 practice medicine under a supervising practice agreement as
 described by Section 155.205, Occupations Code.
 SECTION 3.  Subchapter C, Chapter 1451, Insurance Code, is
 amended by adding Section 1451.129 to read as follows:
 Sec. 1451.129.  SELECTION OF PHYSICIAN GRADUATE. An insured
 may select a physician graduate to provide the services scheduled
 in the health insurance policy that are within the scope of the
 physician graduate's license under Subchapter E, Chapter 155,
 Occupations Code.
 SECTION 4.  Not later than December 1, 2023, the Texas
 Medical Board shall adopt rules as necessary to implement
 Subchapter E, Chapter 155, Occupations Code, as added by this Act.
 SECTION 5.  Section 1451.129, Insurance Code, as added by
 this Act, applies only to a health insurance policy that is
 delivered, issued for delivery, or renewed on or after January 1,
 2024.
 SECTION 6.  This Act takes effect September 1, 2023.