88R8741 SCP-F
By: Plesa H.B. No. 4028
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Physician Assistant Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 153.0015(a) and (b), Occupations Code,
are amended to read as follows:
(a) The board shall adopt guidelines to establish
procedures for receiving input during the rulemaking process from
individuals and groups that have an interest in matters under the
board's jurisdiction, including input from [the Texas Physician
Assistant Board and] the Texas State Board of Acupuncture
Examiners. The guidelines must provide an opportunity for those
individuals and groups to provide input before the board provides
notice of the proposed rule under Section 2001.023, Government
Code.
(b) The guidelines adopted under this section shall also
include procedures for the board to receive comments on rules
recommended by the [physician assistant board or] acupuncture board
for adoption by the board.
SECTION 2. The heading to Section 204.051, Occupations
Code, is amended to read as follows:
Sec. 204.051. REFERENCE IN OTHER LAW [TEXAS PHYSICIAN
ASSISTANT BOARD].
SECTION 3. Section 204.101, Occupations Code, is amended to
read as follows:
Sec. 204.101. GENERAL POWERS AND DUTIES OF BOARD. The
physician assistant board shall:
(1) adopt rules that are reasonable and necessary to
implement [for the performance of the physician assistant board's
duties under] this chapter, as provided by Chapter 2001, Government
Code, including rules to establish:
(A) licensing and other fees;
(B) license renewal dates; and
(C) procedures for disciplinary actions;
(2) review and approve or reject each application for
the issuance or renewal of a license;
(3) issue each license;
(4) deny, suspend, or revoke a license or otherwise
discipline a license holder; and
(5) take any action necessary to carry out the
functions and duties of the physician assistant board under this
chapter.
SECTION 4. Section 204.1015, Occupations Code, is amended
to read as follows:
Sec. 204.1015. GUIDELINES FOR EARLY INVOLVEMENT IN
RULEMAKING PROCESS. (a) The physician assistant board shall adopt
guidelines to establish procedures for receiving input during the
rulemaking process from individuals and groups that have an
interest in matters under the board's jurisdiction. [The
guidelines must provide an opportunity for those individuals and
groups to provide input before the physician assistant board
submits the rule to the medical board for approval.]
(b) [A rule adopted by the medical board may not be
challenged on the grounds that the physician assistant board did
not comply with this section.] If the physician assistant board was
unable to solicit a significant amount of input from the public or
affected persons early in the rulemaking process, the physician
assistant board shall state in writing the reasons why the
physician assistant board was unable to do so.
SECTION 5. Section 204.107, Occupations Code, is amended
to read as follows:
Sec. 204.107. PUBLIC PARTICIPATION. The [Subject to the
advice and approval of the medical board, the] physician assistant
board shall develop and implement policies that provide the public
with a reasonable opportunity to appear before the physician
assistant board and to speak on any issue under the jurisdiction of
the physician assistant board.
SECTION 6. Section 204.110(a), Occupations Code, is amended
to read as follows:
(a) The [Subject to the advice and approval of the medical
board, the] physician assistant board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of physician assistant
board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the physician
assistant board's jurisdiction.
SECTION 7. The following provisions are repealed:
(1) Section 204.051(a), Occupations Code; and
(2) Section 204.102, Occupations Code.
SECTION 8. This Act takes effect September 1, 2023.