|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the Texas Physician Assistant Board and the licensing |
|
and regulation of physician assistants. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 204, Occupations Code, is |
|
amended by adding Section 204.0585 to read as follows: |
|
Sec. 204.0585. EXECUTIVE SESSION. After hearing all |
|
evidence and arguments in an open meeting, the physician assistant |
|
board may conduct deliberations relating to a license application |
|
or disciplinary action in an executive session. The board shall |
|
vote and announce its decision in open session. |
|
SECTION 2. Section 204.059, Occupations Code, is amended by |
|
amending Subsection (b) and adding Subsection (d) to read as |
|
follows: |
|
(b) The training program must provide the person with |
|
information regarding: |
|
(1) the law governing physician assistant board |
|
operations; |
|
(2) the [this chapter and the physician assistant
|
|
board's] programs, functions, rules, and budget of the physician |
|
assistant board; |
|
(3) the scope of and limitations on the rulemaking |
|
authority of the physician assistant board; |
|
(4) [(2)] the results of the most recent formal audit |
|
of the physician assistant board; |
|
(5) [(3)] the requirements of: |
|
(A) laws relating to open meetings, public |
|
information, administrative procedure, and disclosing conflicts of |
|
interest; and |
|
(B) other laws applicable to members of the |
|
physician assistant board in performing their duties; and |
|
(6) [(4)] any applicable ethics policies adopted by |
|
the physician assistant board or the Texas Ethics Commission. |
|
(d) The executive director of the medical board shall create |
|
a training manual that includes the information required by |
|
Subsection (b). The executive director shall distribute a copy of |
|
the training manual annually to each physician assistant board |
|
member. On receipt of the training manual, each board member shall |
|
sign and submit to the executive director a statement acknowledging |
|
receipt of the training manual. |
|
SECTION 3. Subchapter D, Chapter 204, Occupations Code, is |
|
amended by adding Section 204.1525 to read as follows: |
|
Sec. 204.1525. CRIMINAL HISTORY RECORD INFORMATION |
|
REQUIREMENT FOR LICENSE ISSUANCE. (a) The physician assistant |
|
board shall require that an applicant for a license submit a |
|
complete and legible set of fingerprints, on a form prescribed by |
|
the board, to the board or to the Department of Public Safety for |
|
the purpose of obtaining criminal history record information from |
|
the Department of Public Safety and the Federal Bureau of |
|
Investigation. |
|
(b) The physician assistant board may not issue a license to |
|
a person who does not comply with the requirement of Subsection (a). |
|
(c) The physician assistant board shall conduct a criminal |
|
history record information check of each applicant for a license |
|
using information: |
|
(1) provided by the individual under this section; and |
|
(2) made available to the board by the Department of |
|
Public Safety, the Federal Bureau of Investigation, and any other |
|
criminal justice agency under Chapter 411, Government Code. |
|
(d) The physician assistant board may: |
|
(1) enter into an agreement with the Department of |
|
Public Safety to administer a criminal history record information |
|
check required under this section; and |
|
(2) authorize the Department of Public Safety to |
|
collect from each applicant the costs incurred by the Department of |
|
Public Safety in conducting the criminal history record information |
|
check. |
|
SECTION 4. Section 204.153(a), Occupations Code, is amended |
|
to read as follows: |
|
(a) To be eligible for a license under this chapter, an |
|
applicant must: |
|
(1) successfully complete an educational program for |
|
physician assistants or surgeon assistants accredited by the |
|
Committee on Allied Health Education and Accreditation or by that |
|
committee's predecessor or successor entities; |
|
(2) pass the Physician Assistant National Certifying |
|
Examination administered by the National Commission on |
|
Certification of Physician Assistants; |
|
(3) hold a certificate issued by the National |
|
Commission on Certification of Physician Assistants; |
|
(4) [be of good moral character;
|
|
[(5)] meet any other requirement established by |
|
physician assistant board rule; and |
|
(5) [(6)] pass a jurisprudence examination approved |
|
by the physician assistant board as provided by Subsection (a-1). |
|
SECTION 5. Section 204.156, Occupations Code, is amended by |
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
follows: |
|
(a) A license issued under this chapter is valid for a term |
|
of one or two years, as determined by physician assistant board |
|
rule. |
|
(a-1) On notification from the physician assistant board, a |
|
person who holds a license under this chapter may renew the license |
|
by: |
|
(1) paying the required renewal fee; |
|
(2) submitting the appropriate form; and |
|
(3) meeting any other requirement established by board |
|
rule. |
|
SECTION 6. Subchapter D, Chapter 204, Occupations Code, is |
|
amended by adding Section 204.1561 to read as follows: |
|
Sec. 204.1561. CRIMINAL HISTORY RECORD INFORMATION |
|
REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a |
|
license issued under this chapter shall submit a complete and |
|
legible set of fingerprints for purposes of performing a criminal |
|
history record information check of the applicant as provided by |
|
Section 204.1525. |
|
(b) The physician assistant board may administratively |
|
suspend or refuse to renew the license of a person who does not |
|
comply with the requirement of Subsection (a). |
|
(c) A license holder is not required to submit fingerprints |
|
under this section for the renewal of the license if the holder has |
|
previously submitted fingerprints under: |
|
(1) Section 204.1525 for the initial issuance of the |
|
license; or |
|
(2) this section as part of a prior renewal of a |
|
license. |
|
SECTION 7. Subchapter D, Chapter 204, Occupations Code, is |
|
amended by adding Section 204.158 to read as follows: |
|
Sec. 204.158. REFUSAL FOR VIOLATION OF BOARD ORDER. The |
|
physician assistant board may refuse to renew a license issued |
|
under this chapter if the license holder is in violation of a |
|
physician assistant board order. |
|
SECTION 8. Subchapter E, Chapter 204, Occupations Code, is |
|
amended by adding Section 204.210 to read as follows: |
|
Sec. 204.210. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN |
|
CONDUCT. (a) A person may not suspend, terminate, or otherwise |
|
discipline, discriminate against, or retaliate against: |
|
(1) a physician assistant who refuses to engage in an |
|
act or omission as provided by Subsection (b); or |
|
(2) a person who advises a physician assistant of the |
|
physician assistant's rights under this section. |
|
(b) A physician assistant may refuse to engage in an act or |
|
omission relating to patient care that would constitute grounds for |
|
reporting the physician assistant to the physician assistant board |
|
under Section 204.208 or that violates this chapter or a rule |
|
adopted under this chapter if the physician assistant notifies the |
|
person at the time of the refusal that the reason for refusing is |
|
that the act or omission: |
|
(1) constitutes grounds for reporting the physician |
|
assistant to the physician assistant board; or |
|
(2) is a violation of this chapter or a rule adopted |
|
under this chapter. |
|
(c) An act by a person under Subsection (a) does not |
|
constitute a violation of this section if a medical peer review |
|
committee determines: |
|
(1) that the act or omission the physician assistant |
|
refused to engage in was not: |
|
(A) conduct reportable to the physician |
|
assistant board under Section 204.208; or |
|
(B) a violation of this chapter or a rule adopted |
|
under this chapter; or |
|
(2) that: |
|
(A) the act or omission in which the physician |
|
assistant refused to engage was conduct reportable to the physician |
|
assistant board or a violation of this chapter or a rule adopted |
|
under this chapter; and |
|
(B) the person: |
|
(i) rescinds any disciplinary or |
|
discriminatory action taken against the physician assistant; |
|
(ii) compensates the physician assistant |
|
for any lost wages; and |
|
(iii) restores to the physician assistant |
|
any lost benefits. |
|
(d) A physician assistant's rights under this section may |
|
not be nullified by a contract. |
|
(e) An appropriate licensing agency may take action against |
|
a person who violates this section. |
|
SECTION 9. Section 204.313(a), Occupations Code, is amended |
|
to read as follows: |
|
(a) In an informal meeting under Section 204.312, at least |
|
two panelists shall be appointed to determine whether an informal |
|
disposition is appropriate. At least one of the panelists must be a |
|
licensed physician assistant. |
|
SECTION 10. (a) Except as provided by Subsection (b) of |
|
this section, Section 204.059, Occupations Code, as amended by this |
|
Act, applies to a member of the Texas Physician Assistant Board |
|
appointed before, on, or after the effective date of this Act. |
|
(b) A member of the Texas Physician Assistant Board who, |
|
before the effective date of this Act, completed the training |
|
program required by Section 204.059, Occupations Code, as that law |
|
existed before the effective date of this Act, is only required to |
|
complete additional training on the subjects added by this Act to |
|
the training program required by Section 204.059, Occupations Code. |
|
A board member described by this subsection may not vote, |
|
deliberate, or be counted as a member in attendance at a meeting of |
|
the board held on or after December 1, 2017, until the member |
|
completes the additional training. |
|
SECTION 11. Not later than September 1, 2019, the Texas |
|
Physician Assistant Board shall obtain criminal history record |
|
information on each person who, on the effective date of this Act, |
|
holds a license issued under Chapter 204, Occupations Code, and did |
|
not undergo a criminal history record information check based on |
|
the license holder's fingerprints on the initial application for |
|
the license. The Texas Physician Assistant Board may suspend the |
|
license of a license holder who does not provide the criminal |
|
history record information as required by the board and this |
|
section. |
|
SECTION 12. Section 204.210, Occupations Code, as added by |
|
this Act, applies only to an act or omission that occurs on or after |
|
the effective date of this Act. An act or omission that occurs |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the act or omission occurred, and the former law |
|
is continued in effect for that purpose. |
|
SECTION 13. This Act takes effect September 1, 2017. |
|
|
|
* * * * * |