1 | 1 | | 89R16079 BEE-F |
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2 | 2 | | By: Kolkhorst S.B. No. 2695 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to education programs to enable certain students and |
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10 | 10 | | advanced practice registered nurses to practice medicine in certain |
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11 | 11 | | rural counties and physician delegation of certain medical acts to |
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12 | 12 | | advanced practice registered nurses and physician assistants. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | ARTICLE 1. SHORT TITLE |
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15 | 15 | | SECTION 1.001. This Act may be cited as the Texas Critically |
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16 | 16 | | Underserved Relief and Enhancement Act (Texas Cure Act). |
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17 | 17 | | ARTICLE 2. RURAL ADMISSION MEDICAL PROGRAM (RAMP) |
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18 | 18 | | SECTION 2.001. Chapter 51, Education Code, is amended by |
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19 | 19 | | adding Subchapter X to read as follows: |
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20 | 20 | | SUBCHAPTER X. RURAL ADMISSION MEDICAL PROGRAM |
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21 | 21 | | Sec. 51.851. DEFINITIONS. In this subchapter: |
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22 | 22 | | (1) "Council" means the Rural Admission Medical |
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23 | 23 | | Program Council established under Section 51.853. |
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24 | 24 | | (2) "General academic teaching institution" and |
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25 | 25 | | "private or independent institution of higher education" have the |
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26 | 26 | | meanings assigned to those terms by Section 61.003. |
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27 | 27 | | (3) "Participating medical school" has the meaning |
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28 | 28 | | assigned by Section 51.821. |
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29 | 29 | | (4) "Participating student" means an eligible |
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30 | 30 | | undergraduate student who is admitted to the program and who |
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31 | 31 | | maintains eligibility for continued participation in the program. |
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32 | 32 | | (5) "Program" means the Rural Admission Medical |
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33 | 33 | | Program established under this subchapter. |
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34 | 34 | | Sec. 51.852. RURAL ADMISSION MEDICAL PROGRAM. The Rural |
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35 | 35 | | Admission Medical Program is a program administered by the Rural |
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36 | 36 | | Admission Medical Program Council to: |
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37 | 37 | | (1) provide services to support and encourage highly |
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38 | 38 | | qualified students from counties in this state with populations of |
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39 | 39 | | less than 25,000 who are pursuing a medical education; |
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40 | 40 | | (2) award undergraduate and graduate scholarships and |
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41 | 41 | | summer stipends to those students; and |
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42 | 42 | | (3) guarantee the admission of those students to at |
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43 | 43 | | least one participating medical school, subject to the conditions |
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44 | 44 | | under Section 51.827 and under other provisions of this subchapter. |
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45 | 45 | | Sec. 51.853. COMPOSITION OF COUNCIL. (a) The |
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46 | 46 | | participating medical schools shall jointly establish the Rural |
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47 | 47 | | Admission Medical Program Council consisting of one faculty member |
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48 | 48 | | employed by and representing each of the participating medical |
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49 | 49 | | schools. |
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50 | 50 | | (b) The council shall select one of its members to serve as |
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51 | 51 | | council chair for a term of two years. |
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52 | 52 | | Sec. 51.854. COUNCIL DUTIES. (a) The council shall: |
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53 | 53 | | (1) recruit eligible undergraduate students for |
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54 | 54 | | admission to the program; |
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55 | 55 | | (2) establish an application process for admitting |
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56 | 56 | | eligible undergraduate students to the program; |
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57 | 57 | | (3) evaluate applications for admission to the program |
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58 | 58 | | according to the procedures the council establishes for selecting |
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59 | 59 | | participating students; |
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60 | 60 | | (4) monitor the implementation of the program; |
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61 | 61 | | (5) assist in developing services to support and |
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62 | 62 | | encourage the pursuit of a medical education by participating |
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63 | 63 | | students and, as applicable, nontraditional students described by |
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64 | 64 | | Section 51.861; |
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65 | 65 | | (6) establish a process for participating students to: |
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66 | 66 | | (A) be matched to an internship program as |
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67 | 67 | | described by Subsection (b); |
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68 | 68 | | (B) be matched to any required undergraduate |
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69 | 69 | | mentoring program as described by Subsection (c); |
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70 | 70 | | (C) apply for admission to participating medical |
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71 | 71 | | schools; |
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72 | 72 | | (D) be matched to a participating medical school |
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73 | 73 | | as described by Subsection (d); and |
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74 | 74 | | (E) enroll in that school; |
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75 | 75 | | (7) award to participating students undergraduate |
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76 | 76 | | scholarships and summer stipends, including a summer stipend for a |
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77 | 77 | | student who is required to participate in an internship program in |
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78 | 78 | | the summer immediately following the student's senior year; |
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79 | 79 | | (8) award graduate scholarships to participating |
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80 | 80 | | students and, as applicable, nontraditional students described by |
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81 | 81 | | Section 51.861; |
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82 | 82 | | (9) enter into an agreement with each student admitted |
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83 | 83 | | to the program, each participating medical school, and each general |
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84 | 84 | | academic teaching institution or private or independent |
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85 | 85 | | institution of higher education as required by this subchapter; and |
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86 | 86 | | (10) take any other action necessary to implement the |
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87 | 87 | | program. |
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88 | 88 | | (b) The council shall match each participating student with |
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89 | 89 | | appropriate internship programs offered by participating medical |
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90 | 90 | | schools during the summers immediately following the student's |
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91 | 91 | | sophomore and junior years. |
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92 | 92 | | (c) The council shall match each participating student with |
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93 | 93 | | any appropriate undergraduate mentoring program required of the |
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94 | 94 | | student by the council. |
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95 | 95 | | (d) During a participating student's senior year, the |
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96 | 96 | | council shall match the student with an appropriate participating |
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97 | 97 | | medical school as necessary to fill the percentage of enrollment |
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98 | 98 | | capacity set aside by each medical school under the program. |
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99 | 99 | | Sec. 51.855. ELIGIBILITY FOR ADMISSION TO PROGRAM. (a) To |
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100 | 100 | | be eligible for admission to the program, an undergraduate student |
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101 | 101 | | must: |
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102 | 102 | | (1) have enrolled at a general academic teaching |
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103 | 103 | | institution or a private or independent institution of higher |
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104 | 104 | | education not later than the first fall semester following the |
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105 | 105 | | student's graduation from high school; |
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106 | 106 | | (2) be a resident of this state for purposes of tuition |
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107 | 107 | | under Subchapter B, Chapter 54; |
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108 | 108 | | (3) successfully complete at least 15 semester credit |
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109 | 109 | | hours during the fall semester of the student's freshman year at the |
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110 | 110 | | general academic teaching institution or the private or independent |
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111 | 111 | | institution of higher education; |
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112 | 112 | | (4) apply for admission to the program not later than a |
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113 | 113 | | date, as designated by the council, that occurs at the beginning of |
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114 | 114 | | the spring semester of the student's freshman year at the general |
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115 | 115 | | academic teaching institution or the private or independent |
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116 | 116 | | institution of higher education; and |
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117 | 117 | | (5) meet criteria established by the council |
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118 | 118 | | regarding: |
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119 | 119 | | (A) minimum high school and undergraduate grade |
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120 | 120 | | point averages; |
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121 | 121 | | (B) location in a county in this state with a |
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122 | 122 | | population of less than 25,000; and |
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123 | 123 | | (C) any other matter the council considers |
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124 | 124 | | appropriate. |
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125 | 125 | | (b) For purposes of Subsection (a)(2), a student is not a |
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126 | 126 | | Texas resident as described by that subdivision solely because the |
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127 | 127 | | student is eligible to pay tuition at the resident tuition rate. |
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128 | 128 | | Sec. 51.856. ELIGIBILITY TO CONTINUE PARTICIPATION IN |
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129 | 129 | | PROGRAM. (a) To be eligible to continue participation in the rural |
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130 | 130 | | program, an undergraduate student who is admitted to the program |
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131 | 131 | | must: |
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132 | 132 | | (1) meet criteria established by the council |
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133 | 133 | | regarding: |
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134 | 134 | | (A) courses taken and the minimum grade point |
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135 | 135 | | average for those courses during enrollment at the general academic |
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136 | 136 | | teaching institution or the private or independent institution of |
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137 | 137 | | higher education; |
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138 | 138 | | (B) progress in those courses; |
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139 | 139 | | (C) achievement of an acceptable score on the |
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140 | 140 | | Medical College Admission Test or any equivalent examination taken |
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141 | 141 | | as a precondition for enrollment in or admission to a participating |
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142 | 142 | | medical school; and |
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143 | 143 | | (D) any other matter the council considers |
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144 | 144 | | appropriate; |
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145 | 145 | | (2) participate in: |
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146 | 146 | | (A) internship programs described by Section |
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147 | 147 | | 51.854(b) in: |
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148 | 148 | | (i) the summers immediately following the |
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149 | 149 | | student's freshman, sophomore, and junior years; and |
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150 | 150 | | (ii) if required, the summer immediately |
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151 | 151 | | following the student's senior year; and |
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152 | 152 | | (B) any undergraduate or graduate mentoring |
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153 | 153 | | program required by the council; and |
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154 | 154 | | (3) exhibit intelligence, integrity, and personal and |
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155 | 155 | | emotional characteristics that are considered necessary for the |
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156 | 156 | | student to become an effective physician. |
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157 | 157 | | (b) If an undergraduate student who is admitted to the |
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158 | 158 | | program fails to meet the requirements of Subsection (a) without |
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159 | 159 | | good cause as determined by the council, the council may terminate |
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160 | 160 | | that student's participation in the program at the end of the |
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161 | 161 | | semester during which the student failed to meet the requirements |
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162 | 162 | | of that subsection. A student's participation in the program is |
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163 | 163 | | automatically terminated if the student fails to meet the |
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164 | 164 | | requirements of Subsection (a) for two consecutive semesters |
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165 | 165 | | without good cause. |
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166 | 166 | | Sec. 51.857. COUNCIL AGREEMENT WITH STUDENT ADMITTED TO |
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167 | 167 | | PROGRAM. (a) A student admitted to the program must enter into an |
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168 | 168 | | agreement with the council under which the student agrees to: |
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169 | 169 | | (1) maintain eligibility for continued participation |
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170 | 170 | | in the program; and |
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171 | 171 | | (2) repay any scholarship or stipend received under |
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172 | 172 | | the program if the student enrolls in a public or private medical |
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173 | 173 | | school in another state, other than temporary enrollment occurring |
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174 | 174 | | as a result of an exchange program. |
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175 | 175 | | (b) At the time the student enters into an agreement under |
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176 | 176 | | this section, the council shall provide the student with |
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177 | 177 | | information regarding: |
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178 | 178 | | (1) available program benefits, including |
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179 | 179 | | undergraduate and graduate scholarships and summer stipends; and |
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180 | 180 | | (2) repayment of scholarship and stipend benefits |
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181 | 181 | | received under the program. |
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182 | 182 | | Sec. 51.858. COUNCIL AGREEMENT WITH PARTICIPATING MEDICAL |
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183 | 183 | | SCHOOL. (a) Each participating medical school must enter into an |
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184 | 184 | | agreement with the council under which the medical school agrees |
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185 | 185 | | to: |
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186 | 186 | | (1) select a faculty member employed by the medical |
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187 | 187 | | school to serve on the council; |
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188 | 188 | | (2) commit faculty and administrative resources to the |
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189 | 189 | | program; |
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190 | 190 | | (3) set aside for participating students or, if |
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191 | 191 | | necessary, nontraditional students described by Section 51.861 at |
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192 | 192 | | least 10 percent of the medical school's enrollment capacity for |
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193 | 193 | | each entering class, except as provided by Subsection (b); |
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194 | 194 | | (4) admit participating students who are matched to |
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195 | 195 | | the medical school under the program; |
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196 | 196 | | (5) provide internship programs for participating |
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197 | 197 | | students who have been matched to or are required to participate in |
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198 | 198 | | those programs as described by Section 51.854(b) and coordinate the |
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199 | 199 | | administration of those programs with general academic teaching |
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200 | 200 | | institutions or private or independent institutions of higher |
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201 | 201 | | education as necessary; |
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202 | 202 | | (6) provide for participating students any mentoring |
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203 | 203 | | programs required by the council at the undergraduate level and |
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204 | 204 | | coordinate the administration of those programs with general |
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205 | 205 | | academic teaching institutions or private or independent |
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206 | 206 | | institutions of higher education as necessary; and |
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207 | 207 | | (7) provide support services, including |
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208 | 208 | | postbaccalaureate mentoring programs required by the council, to |
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209 | 209 | | participating students and, as applicable, nontraditional students |
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210 | 210 | | described by Section 51.861 who enroll in the medical school. |
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211 | 211 | | (b) The Baylor College of Medicine must agree under |
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212 | 212 | | Subsection (a) to set aside under Subsection (a)(3) not less than 10 |
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213 | 213 | | percent of its enrollment capacity set aside for students who are |
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214 | 214 | | entitled to pay tuition at the rate provided by Chapter 54 for |
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215 | 215 | | resident students. |
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216 | 216 | | Sec. 51.859. COUNCIL AGREEMENT WITH GENERAL ACADEMIC |
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217 | 217 | | TEACHING INSTITUTION. Each general academic teaching institution |
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218 | 218 | | must enter into an agreement with the council under which the |
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219 | 219 | | institution agrees to: |
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220 | 220 | | (1) provide academic counseling to a participating |
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221 | 221 | | student enrolled at that institution; |
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222 | 222 | | (2) as soon as practicable after entering into the |
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223 | 223 | | agreement, implement or expand appropriate degree programs as |
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224 | 224 | | necessary to provide participating students with sufficient |
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225 | 225 | | preparation for enrollment in participating medical schools; and |
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226 | 226 | | (3) select a faculty director or an academic or health |
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227 | 227 | | professions advisor to assist in implementing the program at the |
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228 | 228 | | institution and in implementing or expanding the institution's |
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229 | 229 | | degree programs as necessary under Subdivision (2). |
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230 | 230 | | Sec. 51.860. COUNCIL AGREEMENT WITH PRIVATE OR INDEPENDENT |
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231 | 231 | | INSTITUTION OF HIGHER EDUCATION. Each private or independent |
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232 | 232 | | institution of higher education must enter into an agreement with |
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233 | 233 | | the council under which the institution agrees to: |
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234 | 234 | | (1) provide academic counseling to a participating |
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235 | 235 | | student enrolled at the institution; |
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236 | 236 | | (2) as soon as practicable after entering into the |
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237 | 237 | | agreement, implement or expand appropriate degree programs as |
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238 | 238 | | necessary to provide participating students with sufficient |
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239 | 239 | | preparation for enrollment in participating medical schools; |
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240 | 240 | | (3) select a faculty director or an academic or health |
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241 | 241 | | professions advisor to assist in implementing the program at the |
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242 | 242 | | institution and in implementing or expanding the institution's |
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243 | 243 | | degree programs as necessary under Subdivision (2); and |
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244 | 244 | | (4) provide, in addition to any other scholarship |
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245 | 245 | | money awarded to the student, a scholarship to a participating |
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246 | 246 | | student in an amount equal to the amount awarded a participating |
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247 | 247 | | student attending a general academic teaching institution, except |
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248 | 248 | | that the amount of a scholarship award may not exceed the amount of |
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249 | 249 | | tuition and fees that the student is charged. |
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250 | 250 | | Sec. 51.861. NONTRADITIONAL STUDENTS. (a) If for any |
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251 | 251 | | reason a participating medical school does not fill the percentage |
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252 | 252 | | of enrollment capacity set aside for participating students under |
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253 | 253 | | the program, the medical school shall fill the remaining openings |
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254 | 254 | | with economically disadvantaged students who: |
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255 | 255 | | (1) are 25 years of age or older; |
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256 | 256 | | (2) have been admitted to the medical school |
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257 | 257 | | independently of the program; |
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258 | 258 | | (3) are referred by the medical school to the council |
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259 | 259 | | and admitted to the program by the council; and |
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260 | 260 | | (4) are entitled to pay tuition at the rate provided by |
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261 | 261 | | Chapter 54 for resident students. |
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262 | 262 | | (b) A nontraditional student admitted to the program under |
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263 | 263 | | this section is subject only to the program benefits and |
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264 | 264 | | requirements applicable to a participating student after |
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265 | 265 | | enrollment in a participating medical school. The nontraditional |
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266 | 266 | | student shall sign an agreement to that effect. |
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267 | 267 | | Sec. 51.862. FUNDING. (a) The council may accept a gift, |
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268 | 268 | | grant, devise, or bequest of money, securities, service, or |
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269 | 269 | | property to carry out any purpose of this subchapter, including |
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270 | 270 | | funds raised or services provided by a volunteer or volunteer group |
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271 | 271 | | to promote the work of the council. |
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272 | 272 | | (b) The legislature may appropriate money for the purposes |
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273 | 273 | | of this subchapter. |
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274 | 274 | | Sec. 51.863. REPORT. (a) The council shall deliver a |
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275 | 275 | | report on the program to the governor, the lieutenant governor, and |
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276 | 276 | | the speaker of the house of representatives not later than December |
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277 | 277 | | 31 of each even-numbered year. |
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278 | 278 | | (b) The report must contain detailed information regarding: |
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279 | 279 | | (1) any problems the council identifies in |
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280 | 280 | | implementing the rural program, with recommended solutions for |
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281 | 281 | | those problems; |
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282 | 282 | | (2) the expenditure of any money received under this |
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283 | 283 | | subchapter, including legislative appropriations; and |
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284 | 284 | | (3) the number of students who are admitted to the |
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285 | 285 | | program and who are enrolled in each year of a baccalaureate, |
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286 | 286 | | graduate, or professional degree program offered by a general |
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287 | 287 | | academic teaching institution, a private or independent |
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288 | 288 | | institution of higher education, or a participating medical school, |
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289 | 289 | | as applicable. |
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290 | 290 | | ARTICLE 3. MEDICALLY EXTENDED GEOGRAPHIC ACCESS (MEGA) ADVANCED |
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291 | 291 | | PRACTICE REGISTERED NURSE TO PHYSICIAN PATHWAY PROGRAM |
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292 | 292 | | SECTION 3.001. Chapter 301, Occupations Code, is amended by |
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293 | 293 | | adding Subchapter O to read as follows: |
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294 | 294 | | SUBCHAPTER O. MEGA ADVANCED PRACTICE REGISTERED NURSE TO PHYSICIAN |
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295 | 295 | | PATHWAY PROGRAM |
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296 | 296 | | Sec. 301.701. DEFINITIONS. In this subchapter: |
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297 | 297 | | (1) "Coordinating board" means the Texas Higher |
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298 | 298 | | Education Coordinating Board. |
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299 | 299 | | (2) "Program" means the Medically Extended Geographic |
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300 | 300 | | Access (MEGA) Advanced Practice Registered Nurse to Physician |
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301 | 301 | | Pathway program established under this subchapter. |
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302 | 302 | | Sec. 301.702. PROGRAM ESTABLISHMENT AND GENERAL |
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303 | 303 | | ELIGIBILITY. The Medically Extended Geographic Access (MEGA) |
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304 | 304 | | Advanced Practice Registered Nurse to Physician Pathway program is |
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305 | 305 | | established under this subchapter. The coordinating board shall |
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306 | 306 | | accept into the program an individual licensed in this state as an |
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307 | 307 | | advanced practice registered nurse who: |
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308 | 308 | | (1) applies to the coordinating board in the manner |
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309 | 309 | | the board prescribes; |
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310 | 310 | | (2) is physically located in and actively engaged in |
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311 | 311 | | practice as an advanced practice registered nurse in a county with a |
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312 | 312 | | population of less than 25,000; |
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313 | 313 | | (3) has practiced as an advanced practice registered |
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314 | 314 | | nurse for at least seven years in primary care in this state under |
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315 | 315 | | physician delegation and supervision in a county with a population |
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316 | 316 | | of less than 25,000; |
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317 | 317 | | (4) signs an agreement attesting that, if the |
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318 | 318 | | individual participates in the program and ultimately obtains a |
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319 | 319 | | license to practice medicine in this state after completing medical |
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320 | 320 | | school in this state, the individual will return to practice in a |
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321 | 321 | | primary care specialty for at least five of the first eight years |
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322 | 322 | | after obtaining the license in a county with a population of less |
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323 | 323 | | than 25,000; |
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324 | 324 | | (5) meets other criteria as required by coordinating |
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325 | 325 | | board rule; and |
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326 | 326 | | (6) is not otherwise ineligible to participate in the |
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327 | 327 | | program under Section 301.703. |
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328 | 328 | | Sec. 301.703. INELIGIBILITY OF CERTAIN PROCEDURES AND TYPES |
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329 | 329 | | OF PRACTICE. An individual may not participate in the program if |
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330 | 330 | | the individual: |
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331 | 331 | | (1) has been convicted of or placed on deferred |
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332 | 332 | | adjudication community supervision or deferred disposition for any |
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333 | 333 | | offense; |
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334 | 334 | | (2) has ever held a license authorizing the practice |
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335 | 335 | | of nursing and been subject to discipline by a licensing agency in |
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336 | 336 | | any state or a federal or foreign jurisdiction, excluding any |
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337 | 337 | | action related to nonpayment of fees related to a license; |
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338 | 338 | | (3) has had a controlled substance license suspended |
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339 | 339 | | or revoked by a state or the United States Drug Enforcement |
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340 | 340 | | Administration; |
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341 | 341 | | (4) is under active investigation by a licensing |
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342 | 342 | | agency or law enforcement authority in any state or a federal or |
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343 | 343 | | foreign jurisdiction; or |
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344 | 344 | | (5) has a practice that is exclusively conducted |
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345 | 345 | | virtually. |
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346 | 346 | | Sec. 301.704. ELIGIBILITY FOR MEDICAL SCHOOL ADMISSION AND |
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347 | 347 | | ADVANCED COURSEWORK. (a) An individual who participates in the |
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348 | 348 | | program is eligible to apply for admission to a medical school in |
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349 | 349 | | this state as a third-year medical student if the individual: |
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350 | 350 | | (1) satisfies the requirements described by Section |
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351 | 351 | | 301.702; and |
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352 | 352 | | (2) successfully completes step one of the United |
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353 | 353 | | States Medical Licensing Examination. |
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354 | 354 | | (b) This subchapter does not require a medical school in |
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355 | 355 | | this state to accept an applicant who participates in the program. |
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356 | 356 | | A medical school applicant who participates in the program must |
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357 | 357 | | complete the medical school's application and selection process in |
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358 | 358 | | addition to satisfying the criteria described by Subsection (a). |
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359 | 359 | | Sec. 301.705. ELIGIBILITY FOR MEDICAL LICENSING |
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360 | 360 | | EXAMINATION. An individual who participates in the program is |
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361 | 361 | | eligible to take step one of the United States Medical Licensing |
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362 | 362 | | Examination if the individual: |
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363 | 363 | | (1) has practiced as an advanced practice registered |
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364 | 364 | | nurse for at least seven years in primary care under physician |
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365 | 365 | | delegation and supervision in a county with a population of less |
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366 | 366 | | than 25,000; and |
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367 | 367 | | (2) meets all other requirements established by board |
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368 | 368 | | rule for continued participation in the program. |
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369 | 369 | | Sec. 301.706. ELIGIBILITY FOR MEDICAL SCHOOL LOAN |
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370 | 370 | | REPAYMENT. (a) An individual who participates in the program is |
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371 | 371 | | eligible for loan repayment to cover the full cost of the final two |
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372 | 372 | | years of medical school if the individual: |
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373 | 373 | | (1) was admitted to medical school after applying |
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374 | 374 | | under Section 301.704; |
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375 | 375 | | (2) graduates from medical school; |
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376 | 376 | | (3) graduates from residency from an accredited |
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377 | 377 | | residency training program in this state in a primary care |
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378 | 378 | | specialty; |
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379 | 379 | | (4) applies to the coordinating board for medical |
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380 | 380 | | school loan repayment assistance under Subchapter J, Chapter 61, |
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381 | 381 | | Education Code; and |
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382 | 382 | | (5) fulfills the individual's commitment under Section |
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383 | 383 | | 301.702 to practice in a primary care specialty for at least five of |
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384 | 384 | | the first eight years after the individual becomes licensed in a |
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385 | 385 | | county in this state with a population of less than 25,000. |
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386 | 386 | | (b) In administering loan repayment under Subsection (a), |
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387 | 387 | | the coordinating board may disburse payments monthly or according |
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388 | 388 | | to any other schedule to allow physicians to participate in |
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389 | 389 | | existing federal student loan repayment plans. |
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390 | 390 | | ARTICLE 4. PROVISIONS APPLICABLE TO CERTAIN DELEGATION AGREEMENTS |
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391 | 391 | | SECTION 4.001. Subchapter A, Chapter 157, Occupations Code, |
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392 | 392 | | is amended by adding Section 157.008 to read as follows: |
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393 | 393 | | Sec. 157.008. FEE FOR DELEGATION AGREEMENT. (a) A |
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394 | 394 | | physician may not charge more than a reasonable fee to an advanced |
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395 | 395 | | practice registered nurse or physician assistant to enter into a |
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396 | 396 | | delegation agreement, including a prescriptive authority |
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397 | 397 | | agreement. |
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398 | 398 | | (b) The board by rule shall adopt criteria for consideration |
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399 | 399 | | in determining whether a fee is reasonable for purposes of |
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400 | 400 | | Subsection (a), including: |
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401 | 401 | | (1) the types of medical acts delegated and supervised |
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402 | 402 | | under the agreement; |
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403 | 403 | | (2) the time required of the physician to provide |
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404 | 404 | | adequate supervision of medical acts under the agreement; and |
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405 | 405 | | (3) the liability risks associated with the delegation |
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406 | 406 | | and supervision of medical acts under the agreement. |
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407 | 407 | | SECTION 4.002. Section 157.0512, Occupations Code, is |
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408 | 408 | | amended by amending Subsections (c), (d), and (f) and adding |
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409 | 409 | | Subsections (c-1) and (f-1) to read as follows: |
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410 | 410 | | (c) Except as provided by Subsection (c-1) and subject to |
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411 | 411 | | Subsection (d), the combined number of advanced practice registered |
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412 | 412 | | nurses and physician assistants with whom a physician may enter |
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413 | 413 | | into a prescriptive authority agreement may not exceed seven |
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414 | 414 | | advanced practice registered nurses and physician assistants or the |
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415 | 415 | | full-time equivalent of seven advanced practice registered nurses |
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416 | 416 | | and physician assistants. |
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417 | 417 | | (c-1) Notwithstanding Subsection (c) and subject to |
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418 | 418 | | Subsection (d), if a physician delegates and supervises the |
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419 | 419 | | exercise of prescriptive authority exclusively in a county with a |
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420 | 420 | | population of less than 25,000, the combined number of advanced |
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421 | 421 | | practice registered nurses and physician assistants with whom the |
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422 | 422 | | physician may enter into a prescriptive authority agreement may not |
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423 | 423 | | exceed: |
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424 | 424 | | (1) a total of nine advanced practice registered |
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425 | 425 | | nurses and physician assistants; or |
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426 | 426 | | (2) the full-time equivalent of a total of nine |
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427 | 427 | | advanced practice registered nurses and physician assistants. |
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428 | 428 | | (d) Subsections [Subsection] (c) and (c-1) do [does] not |
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429 | 429 | | apply to a prescriptive authority agreement if the prescriptive |
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430 | 430 | | authority is being exercised in: |
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431 | 431 | | (1) a practice serving a medically underserved |
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432 | 432 | | population; or |
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433 | 433 | | (2) a facility-based practice in a hospital under |
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434 | 434 | | Section 157.054. |
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435 | 435 | | (f) The periodic meetings described by Subsection (e)(9)(B) |
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436 | 436 | | must: |
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437 | 437 | | (1) include: |
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438 | 438 | | (A) the sharing of information relating to |
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439 | 439 | | patient treatment and care, needed changes in patient care plans, |
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440 | 440 | | and issues relating to referrals; and |
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441 | 441 | | (B) discussion of patient care improvement; |
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442 | 442 | | (2) be documented; and |
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443 | 443 | | (3) except as provided by Subsection (f-1), take place |
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444 | 444 | | at least once a month in a manner determined by the physician and |
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445 | 445 | | the advanced practice registered nurse or physician assistant. |
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446 | 446 | | (f-1) Notwithstanding Subsection (f)(3), if a physician |
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447 | 447 | | delegates and supervises the exercise of prescriptive authority |
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448 | 448 | | exclusively in a county with a population of less than 25,000, the |
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449 | 449 | | periodic meetings described by Subsection (e)(9)(B) must take place |
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450 | 450 | | at least quarterly in a manner determined by the physician. |
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451 | 451 | | SECTION 4.003. Subchapter B, Chapter 157, Occupations Code, |
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452 | 452 | | is amended by adding Section 157.061 to read as follows: |
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453 | 453 | | Sec. 157.061. ADDITIONAL LOAN REPAYMENT ASSISTANCE FOR |
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454 | 454 | | CERTAIN PHYSICIANS WHO DELEGATE AND SUPERVISE. (a) A physician may |
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455 | 455 | | apply to the Texas Higher Education Coordinating Board for an |
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456 | 456 | | additional $45,000 in medical school loan repayment assistance |
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457 | 457 | | under Subchapter J, Chapter 61, Education Code, if the physician |
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458 | 458 | | delegates and supervises the exercise of prescriptive authority |
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459 | 459 | | exclusively in a county with a population of less than 25,000 under |
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460 | 460 | | a prescriptive authority agreement that satisfies the requirements |
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461 | 461 | | of this subchapter. |
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462 | 462 | | (b) In administering the loan repayment assistance under |
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463 | 463 | | this section, the Texas Higher Education Coordinating Board may |
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464 | 464 | | disburse payments monthly or according to any other schedule to |
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465 | 465 | | allow physicians to participate in existing federal student loan |
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466 | 466 | | repayment plans. |
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467 | 467 | | ARTICLE 5. TRANSITION AND EFFECTIVE DATE |
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468 | 468 | | SECTION 5.001. Not later than February 1, 2026, the Texas |
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469 | 469 | | Higher Education Coordinating Board and the Texas Medical Board |
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470 | 470 | | shall adopt rules necessary to implement the changes in law made by |
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471 | 471 | | this Act. |
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472 | 472 | | SECTION 5.002. This Act takes effect September 1, 2025. |
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