Texas 2023 - 88th Regular

Texas House Bill HB2556 Compare Versions

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1	1	By: Oliverson, et al. (Senate Sponsor - Schwertner) H.B. No. 2556
2	2	(In the Senate - Received from the House April 19, 2023;
3	3	April 20, 2023, read first time and referred to Committee on Health &
4	4	Human Services; May 21, 2023, reported favorably by the following
5	5	vote: Yeas 9, Nays 0; May 21, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the licensing and regulation of physician graduates and
12	12	the authority of an insured to select a physician graduate under the
13	13	insured's health insurance policy; requiring an occupational
14	14	license; authorizing fees.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Chapter 155, Occupations Code, is amended by
17	17	adding Subchapter E to read as follows:
18	18	SUBCHAPTER E. PHYSICIAN GRADUATE
19	19	Sec. 155.201. DEFINITIONS. In this subchapter:
20	20	(1) "Physician graduate" means an individual issued a
21	21	limited license under this subchapter to practice medicine under a
22	22	supervising practice agreement with a sponsoring physician.
23	23	(2) "Sponsoring physician" means a physician who
24	24	enters into a supervising practice agreement with a physician
25	25	graduate.
26	26	(3) "Supervising practice agreement" means an
27	27	agreement between a sponsoring physician and a physician graduate
28	28	regarding the supervision by the sponsoring physician of the
29	29	physician graduate's practice of medicine.
30	30	Sec. 155.202. RULES. The board shall adopt rules in
31	31	accordance with this subchapter relating to the licensing and
32	32	regulation of physician graduates, including rules relating to:
33	33	(1) procedures and fees for the issuance, term, and
34	34	renewal of a license under this subchapter, including continuing
35	35	medical education requirements for renewal of the license;
36	36	(2) practices and requirements for the supervision of
37	37	physician graduates; and
38	38	(3) any other matter necessary to ensure protection of
39	39	the public, including disciplinary procedures.
40	40	Sec. 155.203. LICENSE ISSUANCE. On application, the board
41	41	shall issue a limited license to practice medicine under this
42	42	subchapter to an applicant who:
43	43	(1) is a resident of this state and is:
44	44	(A) a United States citizen or a legal permanent
45	45	resident; or
46	46	(B) otherwise authorized under federal law to
47	47	work in the United States;
48	48	(2) has proficiency in the English language;
49	49	(3) has graduated:
50	50	(A) in the two years preceding the date that the
51	51	applicant initially applies for a physician graduate license, from:
52	52	(i) a board-recognized accredited medical
53	53	school or osteopathic medical school in the United States or
54	54	Canada; or
55	55	(ii) a medical school located outside of
56	56	the United States and Canada that is recognized by the board as
57	57	acceptable; or
58	58	(B) if the applicant is licensed in good standing
59	59	to practice medicine in another country, from a medical school
60	60	located outside of the United States and Canada that is recognized
61	61	by the board as acceptable;
62	62	(4) has passed the first and second components of the
63	63	United States Medical Licensing Examination or equivalent
64	64	components of another board-approved licensing examination
65	65	described by Section 155.0511;
66	66	(5) is not enrolled in a board-approved postgraduate
67	67	residency program; and
68	68	(6) meets any other requirement prescribed by board
69	69	rule.
70	70	Sec. 155.204. FEES. The amount of a fee for the issuance or
71	71	renewal of a license under this subchapter may not exceed the amount
72	72	of a fee for the issuance or renewal of a physician assistant
73	73	license under Chapter 204.
74	74	Sec. 155.205. SPONSORING PHYSICIAN. (a) A physician is
75	75	eligible to enter into a supervising practice agreement as a
76	76	sponsoring physician if the physician:
77	77	(1) holds a full and unrestricted license to practice
78	78	medicine issued under this subtitle;
79	79	(2) has not been and is not currently the subject of
80	80	disciplinary action by the board or the medical licensing authority
81	81	of any other jurisdiction;
82	82	(3) is certified by a medical specialty member board
83	83	of:
84	84	(A) the American Board of Medical Specialties; or
85	85	(B) the American Osteopathic Association Bureau
86	86	of Osteopathic Specialists; and
87	87	(4) practices medicine in the specialty for which the
88	88	physician is certified under Subdivision (3).
89	89	(b) A sponsoring physician who enters into a supervising
90	90	practice agreement with a physician graduate shall comply with all
91	91	board rules related to the supervision of physician graduates.
92	92	(c) The board by rule shall establish the maximum number of
93	93	physician graduates that a sponsoring physician may supervise under
94	94	supervising practice agreements.
95	95	Sec. 155.206. SUPERVISING PRACTICE AGREEMENT REQUIRED. (a)
96	96	A physician graduate shall enter into a supervising practice
97	97	agreement with a sponsoring physician.
98	98	(b) A physician graduate who has not entered into a
99	99	supervising practice agreement may not practice or attempt to
100	100	practice medicine.
101	101	(c) A physician graduate who enters into a supervising
102	102	practice agreement may practice under the delegation and
103	103	supervision of another physician if:
104	104	(1) the sponsoring physician authorizes the practice
105	105	of the physician graduate under the delegation and supervision of
106	106	the other physician in a written document that identifies the other
107	107	physician by name; and
108	108	(2) the other physician is:
109	109	(A) part of the sponsoring physician's physician
110	110	group or facility; and
111	111	(B) certified in the same specialty as the
112	112	sponsoring physician by a medical specialty member board of:
113	113	(i) the American Board of Medical
114	114	Specialties; or
115	115	(ii) the American Osteopathic Association
116	116	Bureau of Osteopathic Specialists.
117	117	(d) The physician profile under Section 154.006 of a
118	118	sponsoring physician or physician graduate must indicate in the
119	119	manner prescribed by board rule that the sponsoring physician or
120	120	physician graduate has entered into a supervising practice
121	121	agreement.
122	122	Sec. 155.207. LIMITED PRACTICE BY LICENSE HOLDER. (a) A
123	123	physician graduate may provide only medical services in the
124	124	specialty in which the physician graduate's sponsoring physician is
125	125	certified as described by Section 155.205(a)(3) under supervision
126	126	in accordance with a supervising practice agreement.
127	127	(b) Before a license holder under this subchapter provides a
128	128	treatment, consultation, or other medical service, the license
129	129	holder must disclose to the patient:
130	130	(1) that the license holder is a physician graduate;
131	131	and
132	132	(2) if asked, that the license holder has not
133	133	completed any formal specialized postgraduate or resident
134	134	training.
135	135	(c) A physician graduate may not prescribe a Schedule II
136	136	controlled substance.
137	137	Sec. 155.208. LIABILITY OF SUPERVISING PHYSICIAN. A
138	138	sponsoring physician who enters into a supervising practice
139	139	agreement with a physician graduate is responsible at all times for
140	140	the oversight of and is liable for any medical act performed or the
141	141	omission of any medical act by the physician graduate in the
142	142	provision of medical services.
143	143	Sec. 155.209. IDENTIFICATION REQUIREMENTS; USE OF TITLE.
144	144	(a) The holder of a license issued under this subchapter shall at
145	145	all times while practicing as a physician graduate display a
146	146	personal identification document identifying the license holder as
147	147	a physician graduate.
148	148	(b) A physician graduate may use the following titles or
149	149	abbreviations:
150	150	(1) "doctor"; or
151	151	(2) "Dr." or "doc."
152	152	Sec. 155.210. STATUS OF PHYSICIAN GRADUATE. A physician
153	153	graduate license holder is considered a general practitioner for
154	154	purposes of regulations of the federal Centers for Medicare and
155	155	Medicaid Services.
156	156	Sec. 155.211. LICENSE RENEWAL. The board may not renew a
157	157	license issued under this subchapter unless:
158	158	(1) the board verifies that the license holder has
159	159	practiced in accordance with this subchapter under a supervising
160	160	practice agreement with a sponsoring physician in the license term
161	161	preceding the application for renewal; and
162	162	(2) the license holder satisfies the continuing
163	163	medical education requirements established by board rule.
164	164	Sec. 155.212. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
165	165	The board may deny an application for licensure or suspend or revoke
166	166	a license issued under this subchapter:
167	167	(1) for any ground provided by Chapter 164 or board
168	168	rule; and
169	169	(2) in the manner provided by Chapter 164 and board
170	170	rule.
171	171	SECTION 2. Section 1451.001, Insurance Code, is amended by
172	172	adding Subdivision (16-a) to read as follows:
173	173	(16-a) "Physician graduate" has the meaning assigned
174	174	by Section 155.201, Occupations Code.
175	175	SECTION 3. Subchapter C, Chapter 1451, Insurance Code, is
176	176	amended by adding Section 1451.129 to read as follows:
177	177	Sec. 1451.129. SELECTION OF PHYSICIAN GRADUATE. An insured
178	178	may select a physician graduate to provide the services scheduled
179	179	in the health insurance policy that are within the scope of the
180	180	physician graduate's license under Subchapter E, Chapter 155,
181	181	Occupations Code.
182	182	SECTION 4. Not later than January 1, 2024, the Texas Medical
183	183	Board shall adopt rules as necessary to implement Subchapter E,
184	184	Chapter 155, Occupations Code, as added by this Act.
185	185	SECTION 5. Section 1451.129, Insurance Code, as added by
186	186	this Act, applies only to a health insurance policy that is
187	187	delivered, issued for delivery, or renewed on or after January 1,
188	188	2024.
189	189	SECTION 6. This Act takes effect September 1, 2023.
190	190	* * * * *