S.B. No. 1360
 
 
 
 
AN ACT
  relating to continuing education for physicians and nurses
  regarding the treatment of tick-borne diseases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature finds that tick-borne diseases
  are an important public health issue in Texas.  The legislature
  further finds that medical and nursing education on the appropriate
  care and treatment of tick-borne diseases is essential to the
  delivery of necessary health care to individuals in Texas suffering
  from tick-borne diseases.  It is the intent of the legislature to
  address the need for medical and nursing education on tick-borne
  diseases through the continuing medical education requirements for
  physicians and nurses.
         SECTION 2.  Subchapter B, Chapter 156, Occupations Code, is
  amended by adding Section 156.059 to read as follows:
         Sec. 156.059.  CONTINUING EDUCATION IN TICK-BORNE DISEASES.  
  (a)  A physician licensed under this subtitle who submits an
  application for renewal of a license to practice medicine and whose
  practice includes the treatment of tick-borne diseases is
  encouraged to include continuing medical education in the treatment
  of tick-borne diseases among the hours of continuing medical
  education completed for purposes of rules adopted under Section
  156.051(a)(2).
         (b)  The board shall adopt rules to establish the content of
  and approval requirements for continuing medical education
  relating to the treatment of tick-borne diseases.  In adopting
  rules, the board shall seek input from affected parties and review
  relevant courses, including courses that have been approved in
  other states.  Rules adopted under this section must provide for the
  identification and approval of accredited continuing medical
  education courses that represent an appropriate spectrum of
  relevant medical clinical treatment relating to tick-borne
  diseases.
         (c)  If relevant, the board shall consider a physician's
  participation in a continuing medical education course approved
  under Subsection (b) if:
               (1)  the physician is being investigated by the board
  regarding the physician's selection of clinical care for the
  treatment of tick-borne diseases; and
               (2)  the physician completed the course not more than
  two years before the start of the investigation.
         (d)  The board may adopt other rules to implement this
  section.
         SECTION 3.  Subchapter G, Chapter 301, Occupations Code, is
  amended by adding Section 301.304 to read as follows:
         Sec. 301.304.  CONTINUING EDUCATION IN TICK-BORNE DISEASES.  
  (a)  As part of the continuing education requirements under Section
  301.303, a license holder whose practice includes the treatment of
  tick-borne diseases shall be encouraged to participate, during each
  two-year licensing period, in continuing education relating to the
  treatment of tick-borne diseases.
         (b)  The board shall adopt rules to identify the license
  holders who are encouraged to complete continuing education under
  Subsection (a) and establish the content of that continuing
  education.  In adopting rules, the board shall seek input from
  affected parties and review relevant courses, including courses
  that have been approved in other states.  Rules adopted under this
  section must provide that continuing education courses
  representing an appropriate spectrum of relevant medical clinical
  treatment relating to tick-borne diseases qualify as approved
  continuing education courses for license renewal.
         (c)  If relevant, the board shall consider a license holder's
  participation in a continuing education course approved under
  Subsection (b) if:
               (1)  the license holder is being investigated by the
  board regarding the license holder's selection of clinical care for
  the treatment of tick-borne diseases; and
               (2)  the license holder completed the course not more
  than two years before the start of the investigation.
         (d)  The board may adopt other rules to implement this
  section, including rules under Section 301.303(c) for the approval
  of education programs and providers.
         SECTION 4.  The Texas Medical Board and the Texas Board of
  Nursing shall consult and cooperate in adopting the rules required
  under Sections 156.059 and 301.304, Occupations Code, as added by
  this Act.
         SECTION 5.  Not later than January 31, 2012, the Texas
  Medical Board shall adopt rules required by Section 156.059,
  Occupations Code, as added by this Act.
         SECTION 6.  Not later than January 31, 2012, the Texas Board
  of Nursing shall adopt rules required by Section 301.304,
  Occupations Code, as added by this Act.
         SECTION 7.  Not later than February 6, 2012, the Texas
  Medical Board and the Texas Board of Nursing shall report to the
  governor, the lieutenant governor, and the speaker of the house of
  representatives concerning the adoption of rules as required by
  Sections 156.059 and 301.304, Occupations Code, as added by this
  Act.
         SECTION 8.  Subsection (c), Section 156.059, and Subsection
  (c), Section 301.304, Occupations Code, as added by this Act, apply
  only to the investigation of a complaint or a disciplinary action
  based on a complaint filed on or after the effective date of this
  Act. The investigation of a complaint or a disciplinary action
  based on a complaint filed before that date is governed by the law
  in effect on the date the complaint was filed, and that law is
  continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1360 passed the Senate on
  May 11, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1360 passed the House on
  May 25, 2011, by the following vote:  Yeas 145, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor