| 1 | 1 | | 88R8741 SCP-F |
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| 2 | 2 | | By: Plesa H.B. No. 4028 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of the Texas Physician Assistant Board. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 153.0015(a) and (b), Occupations Code, |
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| 10 | 10 | | are amended to read as follows: |
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| 11 | 11 | | (a) The board shall adopt guidelines to establish |
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| 12 | 12 | | procedures for receiving input during the rulemaking process from |
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| 13 | 13 | | individuals and groups that have an interest in matters under the |
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| 14 | 14 | | board's jurisdiction, including input from [the Texas Physician |
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| 15 | 15 | | Assistant Board and] the Texas State Board of Acupuncture |
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| 16 | 16 | | Examiners. The guidelines must provide an opportunity for those |
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| 17 | 17 | | individuals and groups to provide input before the board provides |
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| 18 | 18 | | notice of the proposed rule under Section 2001.023, Government |
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| 19 | 19 | | Code. |
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| 20 | 20 | | (b) The guidelines adopted under this section shall also |
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| 21 | 21 | | include procedures for the board to receive comments on rules |
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| 22 | 22 | | recommended by the [physician assistant board or] acupuncture board |
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| 23 | 23 | | for adoption by the board. |
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| 24 | 24 | | SECTION 2. The heading to Section 204.051, Occupations |
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| 25 | 25 | | Code, is amended to read as follows: |
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| 26 | 26 | | Sec. 204.051. REFERENCE IN OTHER LAW [TEXAS PHYSICIAN |
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| 27 | 27 | | ASSISTANT BOARD]. |
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| 28 | 28 | | SECTION 3. Section 204.101, Occupations Code, is amended to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | Sec. 204.101. GENERAL POWERS AND DUTIES OF BOARD. The |
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| 31 | 31 | | physician assistant board shall: |
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| 32 | 32 | | (1) adopt rules that are reasonable and necessary to |
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| 33 | 33 | | implement [for the performance of the physician assistant board's |
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| 34 | 34 | | duties under] this chapter, as provided by Chapter 2001, Government |
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| 35 | 35 | | Code, including rules to establish: |
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| 36 | 36 | | (A) licensing and other fees; |
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| 37 | 37 | | (B) license renewal dates; and |
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| 38 | 38 | | (C) procedures for disciplinary actions; |
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| 39 | 39 | | (2) review and approve or reject each application for |
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| 40 | 40 | | the issuance or renewal of a license; |
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| 41 | 41 | | (3) issue each license; |
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| 42 | 42 | | (4) deny, suspend, or revoke a license or otherwise |
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| 43 | 43 | | discipline a license holder; and |
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| 44 | 44 | | (5) take any action necessary to carry out the |
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| 45 | 45 | | functions and duties of the physician assistant board under this |
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| 46 | 46 | | chapter. |
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| 47 | 47 | | SECTION 4. Section 204.1015, Occupations Code, is amended |
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| 48 | 48 | | to read as follows: |
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| 49 | 49 | | Sec. 204.1015. GUIDELINES FOR EARLY INVOLVEMENT IN |
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| 50 | 50 | | RULEMAKING PROCESS. (a) The physician assistant board shall adopt |
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| 51 | 51 | | guidelines to establish procedures for receiving input during the |
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| 52 | 52 | | rulemaking process from individuals and groups that have an |
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| 53 | 53 | | interest in matters under the board's jurisdiction. [The |
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| 54 | 54 | | guidelines must provide an opportunity for those individuals and |
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| 55 | 55 | | groups to provide input before the physician assistant board |
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| 56 | 56 | | submits the rule to the medical board for approval.] |
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| 57 | 57 | | (b) [A rule adopted by the medical board may not be |
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| 58 | 58 | | challenged on the grounds that the physician assistant board did |
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| 59 | 59 | | not comply with this section.] If the physician assistant board was |
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| 60 | 60 | | unable to solicit a significant amount of input from the public or |
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| 61 | 61 | | affected persons early in the rulemaking process, the physician |
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| 62 | 62 | | assistant board shall state in writing the reasons why the |
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| 63 | 63 | | physician assistant board was unable to do so. |
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| 64 | 64 | | SECTION 5. Section 204.107, Occupations Code, is amended |
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| 65 | 65 | | to read as follows: |
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| 66 | 66 | | Sec. 204.107. PUBLIC PARTICIPATION. The [Subject to the |
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| 67 | 67 | | advice and approval of the medical board, the] physician assistant |
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| 68 | 68 | | board shall develop and implement policies that provide the public |
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| 69 | 69 | | with a reasonable opportunity to appear before the physician |
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| 70 | 70 | | assistant board and to speak on any issue under the jurisdiction of |
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| 71 | 71 | | the physician assistant board. |
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| 72 | 72 | | SECTION 6. Section 204.110(a), Occupations Code, is amended |
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| 73 | 73 | | to read as follows: |
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| 74 | 74 | | (a) The [Subject to the advice and approval of the medical |
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| 75 | 75 | | board, the] physician assistant board shall develop and implement a |
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| 76 | 76 | | policy to encourage the use of: |
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| 77 | 77 | | (1) negotiated rulemaking procedures under Chapter |
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| 78 | 78 | | 2008, Government Code, for the adoption of physician assistant |
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| 79 | 79 | | board rules; and |
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| 80 | 80 | | (2) appropriate alternative dispute resolution |
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| 81 | 81 | | procedures under Chapter 2009, Government Code, to assist in the |
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| 82 | 82 | | resolution of internal and external disputes under the physician |
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| 83 | 83 | | assistant board's jurisdiction. |
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| 84 | 84 | | SECTION 7. The following provisions are repealed: |
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| 85 | 85 | | (1) Section 204.051(a), Occupations Code; and |
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| 86 | 86 | | (2) Section 204.102, Occupations Code. |
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| 87 | 87 | | SECTION 8. This Act takes effect September 1, 2023. |
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