Bill Text: TX HB1504 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the continuation and functions of the Texas Medical Board; authorizing a fee.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1504 Detail]

Download: Texas-2019-HB1504-Enrolled.html

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H.B. No. 1504

AN ACT
relating to the continuation and functions of the Texas Medical
Board; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 151.004, Occupations Code, is amended to
read as follows:
Sec. 151.004. APPLICATION OF SUNSET ACT. The Texas Medical
Board is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the board is abolished and this subtitle and Chapters 204, 205, 206,
601, 602, 603, and 604 expire September 1, 2031 [2019].
SECTION 2. Section 152.010, 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 board operations [this
subtitle];
(2) the programs, functions, rules, and budget of
[operated by] the board;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including any
rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the board regulates;
(B) restricts advertising by persons in a
profession or business the board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the board
regulates; or
(D) restricts participation in a profession or
business the board regulates [the rules of the board, with an
emphasis on the rules that relate to disciplinary and investigatory
authority];
(5) [the current budget for the board;
[(6)] the results of the most recent formal audit of
the board;
(6) [(7)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the board
in performing their duties; and
(7) [(8)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director of the 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 board member. Each board
member shall sign and submit to the executive director a statement
acknowledging that the member received and has reviewed the
training manual.
SECTION 3. Section 153.058(a), Occupations Code, is amended
to read as follows:
(a) The 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 any rules by the 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 board's
jurisdiction.
SECTION 4. Section 154.006, Occupations Code, is amended by
amending Subsections (b), (g), (i), (j), and (k) and adding
Subsections (b-1), (i-1), and (l) to read as follows:
(b) Except as otherwise provided by this section, a [A]
profile must contain the following information on each physician:
(1) the name of each medical school attended and the
dates of:
(A) graduation; or
(B) Fifth Pathway designation and completion of
the Fifth Pathway Program;
(2) a description of all graduate medical education in
the United States or Canada;
(3) any specialty certification held by the physician
and issued by a medical licensing board that is a member of the
American Board of Medical Specialties or the Bureau of Osteopathic
Specialists;
(4) the number of years the physician has actively
practiced medicine in:
(A) the United States or Canada; and
(B) this state;
(5) the name of each hospital in this state in which
the physician has privileges;
(6) the physician's primary practice location;
(7) the type of language translating services,
including translating services for a person with impairment of
hearing, that the physician provides at the physician's primary
practice location;
(8) whether the physician participates in the Medicaid
program;
(9) a description of any conviction for a felony, a
Class A or Class B misdemeanor, or a Class C misdemeanor involving
moral turpitude;
(10) a description of any charges reported to the
board to which the physician has pleaded no contest, for which the
physician is the subject of deferred adjudication or pretrial
diversion, or in which sufficient facts of guilt were found and the
matter was continued by a court;
(11) a description of any disciplinary action against
the physician by the board;
(12) a description of any disciplinary action against
the physician by a medical licensing board of another state;
(13) a description of the final resolution taken by
the board on medical malpractice claims or complaints required to
be opened by the board under Section 164.201;
(14) whether the physician's patient service areas are
accessible to disabled persons, as defined by federal law;
(15) a description of any formal complaint against the
physician initiated and filed under Section 164.005 and the status
of the complaint; and
(16) a description of any medical malpractice claim
against the physician, not including a description of any offers by
the physician to settle the claim, for which the physician was found
liable, a jury awarded monetary damages to the claimant, and the
award has been determined to be final and not subject to further
appeal.
(b-1) On or after the fifth anniversary of the date a
remedial plan is issued under Section 164.0015, the board may
remove from the profile of the physician subject to the plan any
information regarding the plan and the complaint resolved by the
plan unless:
(1) the complaint was related to the delivery of
health care; or
(2) more than one remedial plan has been issued to
resolve complaints alleging the same violation by the physician,
including a complaint not related to the delivery of health care.
(g) Except as otherwise provided by this section, the [The]
board shall update the information contained in a physician's
profile annually[, except that information provided under
Subsection (i) shall be updated not later than the 10th working day
after the date the formal complaint is filed or the board's order is
issued]. The board shall adopt a form that allows a physician to
update information contained in a physician's profile. The form
shall be made available on the Internet and in other formats as
prescribed by board rule. The board may adopt rules concerning the
type and content of additional information that may be included in a
physician's profile.
(i) In addition to the information required by Subsection
(b) and except as otherwise provided by this section, a profile must
be updated to contain the text of a formal complaint filed under
Section 164.005 against the physician or of a board order related to
the formal complaint not later than the 10th working day after the
date the complaint is filed.
(i-1) Not later than the 10th working day after the date the
board issues a final order related to a formal complaint filed under
Section 164.005 against a physician, the board shall:
(1) remove from the physician's profile any record of
the formal complaint or any prior disciplinary action related to
the formal complaint; and
(2) update the physician's profile to contain the
board's final order.
(j) Information included in a physician's profile under
Subsections (b), [and] (i), and (i-1) may not include any patient
identifying information.
(k) Not later than the 10th working day after the date the
board dismisses [In the annual update of a physician's profile
under Subsection (g), the board shall remove any record of] a formal
complaint against a physician required to be included in the
physician's profile under Subsection (b)(15) or (i) [if the
complaint was dismissed more than five years before the date of the
update and the complaint was dismissed] as baseless, unfounded, or
not supported by sufficient evidence that a violation occurred, or
resolves the complaint and takes no action [was taken] against the
physician's license as a result of the complaint, the board shall:
(1) remove from the physician's profile any record of
the formal complaint or any prior disciplinary action related to
the formal complaint; and
(2) update the physician's profile to contain the
board's final order dismissing or resolving the complaint.
(l) If no action is taken against a physician's license as a
result of an [The board shall also remove any record of the]
investigation of medical malpractice claims or complaints required
to be investigated by the board under Section 164.201, the board
shall, not later than the 10th working day after the date the board
resolves the investigation, remove any record of the investigation
from the physician's profile [if the investigation was resolved
more than five years before the date of the update and no action was
taken against the physician's license as a result of the
investigation].
SECTION 5. Section 154.057, Occupations Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1), the [The] board
shall complete a preliminary investigation of the complaint not
later than the 45th day after the date of receiving the complaint.
The board shall first determine whether the physician constitutes a
continuing threat to the public welfare. On completion of the
preliminary investigation, the board shall determine whether to
officially proceed on the complaint. If the board fails to complete
the preliminary investigation in the time required by this
subsection, the board's official investigation of the complaint is
considered to commence on that date.
(b-1) The board, for good cause, may extend a preliminary
investigation under Subsection (b) for not more than 15 days after
the date required for completion under that subsection.
SECTION 6. Subchapter A, Chapter 155, Occupations Code, is
amended by adding Section 155.011 to read as follows:
Sec. 155.011. EXPEDITED LICENSING PROCESS FOR CERTAIN
OUT-OF-STATE APPLICANTS. The board by rule shall develop and
implement an expedited licensing process for an applicant who is
considered to have satisfied the examination requirements of this
chapter under Section 155.0561(d).
SECTION 7. Section 155.056(a), Occupations Code, is amended
to read as follows:
(a) Except as otherwise provided by Subsection (a-1) and
Section 155.0561, an applicant must pass each part of an
examination within three attempts.
SECTION 8. Subchapter B, Chapter 155, Occupations Code, is
amended by adding Section 155.0561 to read as follows:
Sec. 155.0561. EXCEPTIONS TO EXAMINATION ATTEMPT LIMITS FOR
CERTAIN OUT-OF-STATE APPLICANTS. (a) In this section:
(1) "Active practice" means the practice of medicine
by a person after successful completion of a residency, fellowship,
or other supervised training program.
(2) "Full license" means a license to practice
medicine that is not a training license, a permit, or any other form
of authority to practice medicine issued to a person while the
person is completing or enrolled in a residency, fellowship, or
other supervised training program.
(b) This section applies only to an applicant who:
(1) has successfully completed a graduate medical
education program approved by the board;
(2) holds a full license and is in good standing as a
physician in another state or Canada;
(3) does not hold and has never held a medical license
subject to any restriction, disciplinary order, or probation;
(4) is not and has never been the subject of a peer
review that has resulted or may result in limitation, restriction,
suspension, or other adverse impact on the applicant's hospital or
other medical facility privileges; and
(5) is not under investigation by any licensing or law
enforcement agency.
(c) An applicant described by Subsection (b) who has held a
full license and been in active practice for at least one year but
less than five years and has passed within three attempts all but
one part of the examination approved by the board is considered to
have satisfied the examination requirements of this chapter if the
applicant passed the remaining part of the examination within:
(1) one additional attempt; or
(2) three additional attempts, if the applicant is
specialty board certified by a specialty board that is:
(A) a member of the American Board of Medical
Specialties; or
(B) approved by the American Osteopathic
Association.
(d) An applicant described by Subsection (b) who has held a
full license and been in active practice for at least five years is
considered to have satisfied the examination requirements of this
chapter regardless of the type of examination the applicant passed
or the number of attempts within which the applicant passed the
examination or any part of the examination.
SECTION 9. Section 162.106, Occupations Code, is amended to
read as follows:
Sec. 162.106. INSPECTIONS. (a) The board may conduct
inspections [to enforce this subchapter, including inspections of
an office site and of documents] of a physician's equipment and
office procedures [practice] that relate to the provision of
anesthesia in an outpatient setting as necessary to enforce this
subchapter.
(b) The board may establish a risk-based inspection process
in which the board conducts inspections based on the length of time
since:
(1) the equipment and outpatient setting were last
inspected; and
(2) the physician submitted to inspection.
(c) The board may contract with another state agency or
qualified person to conduct the inspections.
(d) [(b)] Unless it would jeopardize an ongoing
investigation, the board shall provide at least five business days'
notice before conducting an on-site inspection under this section.
(e) The board shall maintain a record of the outpatient
settings in which physicians provide anesthesia.
(f) A physician who provides anesthesia in an outpatient
setting shall inform the board of any other physician with whom the
physician shares equipment used to administer anesthesia.
(g) [(c)] This section does not require the board to make an
on-site inspection of a physician's office.
SECTION 10. Section 164.0015(d), Occupations Code, is
amended to read as follows:
(d) The board may not issue a remedial plan to resolve a
complaint against a license holder if the license holder has
[previously] entered into a remedial plan with the board in the
preceding five years [for the resolution of a different complaint
relating to this subtitle].
SECTION 11. Section 164.003, Occupations Code, is amended
by amending Subsections (b) and (f) and adding Subsection (f-1) to
read as follows:
(b) Rules adopted under this section must require that:
(1) an informal meeting in compliance with Section
2001.054, Government Code, be scheduled not later than the 180th
day after the date the board's official investigation of the
complaint is commenced as provided by Section 154.057(b), unless
good cause is shown by the board for scheduling the informal meeting
after that date;
(2) the board give notice to the license holder of the
time and place of the meeting not later than the 45th day before the
date the meeting is held;
(3) the complainant and the license holder be provided
an opportunity to be heard;
(4) at least one of the board members or district
review committee members participating in the informal meeting as a
panelist be a member who represents the public;
(5) the board's legal counsel or a representative of
the attorney general be present to advise the board or the board's
staff; [and]
(6) a member of the board's staff be at the meeting to
present to the board's representative the facts the staff
reasonably believes it could prove by competent evidence or
qualified witnesses at a hearing; and
(7) if the complaint includes an allegation that the
license holder has violated the standard of care, the panel
conducting the informal proceeding consider whether the physician
was practicing complementary and alternative medicine.
(f) The notice required by Subsection (b)(2) must be
accompanied by a written statement of the nature of the allegations
and the information the board intends to use at the meeting. If the
board does not provide the statement or information at that time,
the license holder may use that failure as grounds for rescheduling
the informal meeting. If the complaint includes an allegation that
the license holder has violated the standard of care, the notice
must include a copy of each [the] report prepared by an [the] expert
physician reviewer under Section 154.0561. The license holder must
provide to the board the license holder's rebuttal at least 15
business days before the date of the meeting in order for the
information to be considered at the meeting.
(f-1) Before providing a report to a license holder under
Subsection (f), the board must redact any identifying information
of an expert physician reviewer other than the specialty of the
expert physician reviewer.
SECTION 12. Sections 164.005(a) and (c), Occupations Code,
are amended to read as follows:
(a) In this section, "formal complaint" means a written
statement made by a credible person [under oath] that is filed and
presented by a board representative charging a person with having
committed an act that, if proven, could affect the legal rights or
privileges of a license holder or other person under the board's
jurisdiction.
(c) A charge must [be in the form of a written affidavit
that]:
(1) be [is] filed with the board's records custodian or
assistant records custodian; and
(2) detail [details] the nature of the charge as
required by this subtitle or other applicable law.
SECTION 13. Sections 164.006(a) and (b), Occupations Code,
are amended to read as follows:
(a) Notice [Service of process] to [notify] the respondent
of a hearing about the charges against the person must be served:
(1) in accordance with Chapter 2001, Government Code;
and
(2) by certified mail.
(b) If notice [service] described by Subsection (a) is
impossible or cannot be effected, the board shall publish once a
week for two successive weeks a notice of the hearing in a newspaper
published in the county of the last known place of practice in this
state of the person, if known.
SECTION 14. Sections 164.007(a) and (a-1), Occupations
Code, are amended to read as follows:
(a) The board by rule shall adopt procedures governing
formal disposition of a contested case under Chapter 2001,
Government Code. A formal hearing shall be conducted by an
administrative law judge employed by the State Office of
Administrative Hearings. After receiving the administrative law
judge's findings of fact and conclusions of law, the board shall:
(1) dispose of the contested case by issuing a final
order based on the administrative law judge's findings of fact and
conclusions of law; or
(2) appeal the administrative law judge's findings of
fact and conclusions of law in the manner provided by Section
164.0072.
(a-1) Notwithstanding Section 2001.058(e), Government
Code, the board may not change a finding of fact or conclusion of
law or vacate or modify an order of the administrative law judge.
[The board may obtain judicial review of any finding of fact or
conclusion of law issued by the administrative law judge as
provided by Section 2001.058(f)(5), Government Code.] For each
case, the board has the sole authority and discretion to determine
the appropriate action or sanction. The [, and the] administrative
law judge may not make any recommendation regarding the appropriate
action or sanction.
SECTION 15. Subchapter A, Chapter 164, Occupations Code, is
amended by adding Section 164.0072 to read as follows:
Sec. 164.0072. BOARD APPEAL OF FINDINGS OF FACT AND
CONCLUSIONS OF LAW. (a) The board may, before disposing of a
contested case by issuing a final order, obtain judicial review of
any finding of fact or conclusion of law issued by the
administrative law judge by filing suit in a Travis County district
court not later than the 30th day after the date the findings of
fact and conclusions of law are issued.
(b) The board shall join in a suit filed under this section
the respondent in the contested case for which the board seeks to
obtain judicial review.
(c) The scope of judicial review under this section is the
same as the scope of judicial review provided for an appeal under
Section 164.009.
(d) After the court issues a final order in a suit filed
under this section, the board shall dispose of the contested case by
issuing a final order based on the court's final order. The
respondent may not appeal a sanction ordered by the board unless the
sanction exceeds the board's published sanctions guidelines.
SECTION 16. Section 164.052(a), Occupations Code, is
amended to read as follows:
(a) A physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) presents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3) commits fraud or deception in taking or passing an
examination;
(4) uses alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(5) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6) uses an advertising statement that is false,
misleading, or deceptive;
(7) advertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a medical degree, license,
certificate, or diploma, or a transcript of a license, certificate,
or diploma in or incident to an application to the board for a
license to practice medicine;
(9) alters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10) uses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
has been:
(A) fraudulently purchased or issued;
(B) counterfeited; or
(C) materially altered;
(11) impersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12) engages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13) impersonates a physician or permits another to
use the person's license or certificate to practice medicine in
this state;
(14) directly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15) associates in the practice of medicine with a
person:
(A) whose license to practice medicine has been
suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16) performs or procures a criminal abortion, aids or
abets in the procuring of a criminal abortion, attempts to perform
or procure a criminal abortion, or attempts to aid or abet the
performance or procurement of a criminal abortion;
(17) directly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
that is not licensed to practice medicine by the board;
(18) performs an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A) the abortion is necessary to prevent the
death of the woman;
(B) the viable unborn child has a severe,
irreversible brain impairment; or
(C) the woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19) performs an abortion on an unemancipated minor
without the written consent of the child's parent, managing
conservator, or legal guardian or without a court order, as
provided by Section 33.003 or 33.004, Family Code, unless the
abortion is necessary due to a medical emergency, as defined by
Section 171.002, Health and Safety Code;
(20) otherwise performs an abortion on an
unemancipated minor in violation of Chapter 33, Family Code; [or]
(21) performs or induces or attempts to perform or
induce an abortion in violation of Subchapter C, F, or G, Chapter
171, Health and Safety Code; or
(22) in complying with the procedures outlined in
Sections 166.045 and 166.046, Health and Safety Code, wilfully
fails to make a reasonable effort to transfer a patient to a
physician who is willing to comply with a directive.
SECTION 17. Chapter 167, Occupations Code, is amended by
adding Sections 167.012 and 167.013 to read as follows:
Sec. 167.012. MEMORANDUM OF UNDERSTANDING WITH BOARD. The
governing board and the board shall enter into a memorandum of
understanding to better coordinate services and operations of the
program. The memorandum of understanding must be adopted by rule
and:
(1) establish performance measures for the program,
including the number of participants who successfully complete the
program;
(2) include a list of services the board will provide
for the program; and
(3) require that an internal audit of the program be
conducted at least once every three years to ensure the program is
properly documenting and referring all noncompliance to the board.
Sec. 167.013. GIFTS, GRANTS, AND DONATIONS. In addition to
any fees paid to the board or money appropriated to the board for
the program, the governing board may receive and accept a gift,
grant, donation, or other thing of value from any source, including
the United States or a private source, for the program.
SECTION 18. Section 205.057, 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 acupuncture board operations
[this chapter];
(2) the programs, [operated by the acupuncture board;
[(3) the role and] functions, rules, and budget of the
acupuncture board;
(3) [(4)] the scope of and limitations on the
rulemaking authority [rules] of the acupuncture board;
(4) the types of acupuncture board rules,
interpretations, and enforcement actions that may implicate
federal antitrust law by limiting competition or impacting prices
charged by persons engaged in a profession or business the
acupuncture board regulates, including any rule, interpretation,
or enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the acupuncture board regulates;
(B) restricts advertising by persons in a
profession or business the acupuncture board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the acupuncture
board regulates; or
(D) restricts participation in a profession or
business the acupuncture board regulates;
(5) [the current budget for the acupuncture board;
[(6)] the results of the most recent formal audit of
the acupuncture board;
(6) [(7)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the
acupuncture board in performing their duties; and
(7) [(8)] any applicable ethics policies adopted by
the acupuncture board or the Texas Ethics Commission.
(d) The executive director 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 acupuncture board member. Each board member shall
sign and submit to the executive director a statement acknowledging
that the member received and has reviewed the training manual.
SECTION 19. Subchapter E, Chapter 205, Occupations Code, is
amended by adding Section 205.2025 to read as follows:
Sec. 205.2025. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE. (a) The acupuncture 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 acupuncture board may not issue a license to a
person who does not comply with the requirement of Subsection (a).
(c) The acupuncture 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 acupuncture 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 20. Subchapter F, Chapter 205, Occupations Code, is
amended by adding Section 205.2515 to read as follows:
Sec. 205.2515. 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 205.2025.
(b) The acupuncture 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 205.2025 for the initial issuance of the
license; or
(2) this section as part of a prior renewal of a
license.
SECTION 21. Subchapter E, Chapter 206, Occupations Code, is
amended by adding Section 206.2025 to read as follows:
Sec. 206.2025. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE. (a) The medical 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 medical board may not issue a license to a person who
does not comply with the requirement of Subsection (a).
(c) The medical 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 medical 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 22. Section 206.203(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Section 206.206, to be eligible
for a license, a person must:
(1) [be of good moral character;
[(2)] have not been convicted of a felony or a crime
involving moral turpitude;
(2) [(3)] not use drugs or alcohol to an extent that
affects the applicant's professional competency;
(3) [(4)] not have had a license or certification
revoked by a licensing agency or by a certifying professional
organization; and
(4) [(5)] not have engaged in fraud or deceit in
applying for a license under this chapter.
SECTION 23. Subchapter E, Chapter 206, Occupations Code, is
amended by adding Section 206.2105 to read as follows:
Sec. 206.2105. 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 206.2025.
(b) The medical 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 206.2025 for the initial issuance of the
license; or
(2) this section as part of a prior renewal of a
license.
SECTION 24. Section 601.002, Occupations Code, is amended
by adding Subdivisions (10-a) and (10-b) to read as follows:
(10-a) "Radiologist" means a physician specializing
in radiology certified by or board-eligible for the American Board
of Radiology, the American Osteopathic Board of Radiology, the
Royal College of Radiologists, or the Royal College of Physicians
and Surgeons of Canada.
(10-b) "Radiologist assistant" means an
advanced-level medical radiologic technologist who is certified
as:
(A) a registered radiologist assistant by the
American Registry of Radiologic Technologists; or
(B) a radiology practitioner assistant by the
Certification Board for Radiology Practitioner Assistants.
SECTION 25. Section 601.030, 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 advisory board operations;
(2) [this chapter and] the [advisory board's]
programs, functions, rules, and budget of the advisory board;
(3) the scope of and limitations on the rulemaking
authority of the advisory board;
(4) the types of advisory board rules,
interpretations, and enforcement actions that may implicate
federal antitrust law by limiting competition or impacting prices
charged by persons engaged in a profession or business the advisory
board regulates, including any rule, interpretation, or
enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the advisory board regulates;
(B) restricts advertising by persons in a
profession or business the advisory board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the advisory board
regulates; or
(D) restricts participation in a profession or
business the advisory board regulates;
(5) [(2)] the results of the most recent formal audit
of the advisory board;
(6) [(3)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the
advisory board in performing their duties; and
(7) [(4)] any applicable ethics policies adopted by
the advisory 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 advisory board member. Each
board member shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 26. Sections 601.102(b) and (c), Occupations Code,
are amended to read as follows:
(b) The advisory board may issue to a person:
(1) a general certificate to perform radiologic
procedures; [or]
(2) a limited certificate that authorizes the person
to perform radiologic procedures only on specific parts of the
human body; or
(3) a radiologist assistant certificate to a person
who meets the requirements established under Section 601.1021.
(c) The advisory board may issue to a person a temporary
general certificate, [or] a temporary limited certificate, or a
temporary radiologist assistant certificate that authorizes the
person to perform radiologic procedures for a period not to exceed
one year.
SECTION 27. Subchapter C, Chapter 601, Occupations Code, is
amended by adding Section 601.1021 to read as follows:
Sec. 601.1021. RADIOLOGIST ASSISTANT CERTIFICATE. (a) The
advisory board by rule shall establish the education and training
required for a person to obtain a radiologist assistant
certificate.
(b) A radiologist assistant certificate holder:
(1) may perform radiologic procedures only under the
supervision of a radiologist; and
(2) may not interpret images, make diagnoses, or
prescribe any medication or therapy.
SECTION 28. Section 604.030, 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 advisory board operations;
(2) the [this chapter and the advisory board's]
programs, functions, rules, and budget of the advisory board;
(3) the scope of and limitations on the rulemaking
authority of the advisory board;
(4) the types of advisory board rules,
interpretations, and enforcement actions that may implicate
federal antitrust law by limiting competition or impacting prices
charged by persons engaged in a profession or business the advisory
board regulates, including any rule, interpretation, or
enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the advisory board regulates;
(B) restricts advertising by persons in a
profession or business the advisory board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the advisory board
regulates; or
(D) restricts participation in a profession or
business the advisory board regulates;
(5) [(2)] the results of the most recent formal audit
of the advisory board;
(6) [(3)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the
advisory board in performing their duties; and
(7) [(4)] any applicable ethics policies adopted by
the advisory 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 advisory board member. Each
board member shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 29. Sections 155.056(c) and (d), Occupations Code,
are repealed.
SECTION 30. (a) Except as provided by Subsection (b) of
this section, Sections 152.010, 205.057, 601.030, and 604.030,
Occupations Code, as amended by this Act, apply to a member of the
applicable board appointed before, on, or after the effective date
of this Act.
(b) A member of a board who, before the effective date of
this Act, completed the training program required by Section
152.010, 205.057, 601.030, or 604.030, Occupations Code, as the
applicable law existed before the effective date of this Act, is
only required to complete additional training on subjects added by
this Act to the training program required by, as applicable,
Section 152.010, 205.057, 601.030, or 604.030, Occupations Code, as
amended by this Act. A board member described by this subsection
may not vote, deliberate, or be counted as a member in attendance at
a meeting of the applicable board held on or after December 1, 2019,
until the member completes the additional training.
SECTION 31. Not later than March 1, 2020, the Texas Medical
Board shall adopt rules necessary to implement Section 164.003(b),
Occupations Code, as amended by this Act.
SECTION 32. Not later than January 1, 2020, the Texas
Medical Board and the governing board of the Texas Physician Health
Program by rule shall adopt the memorandum of understanding
required by Section 167.012, Occupations Code, as added by this
Act.
SECTION 33. Not later than September 1, 2021, the Texas
State Board of Acupuncture Examiners and the Texas Medical Board
shall obtain criminal history record information on each person
who, on the effective date of this Act, holds a license issued under
Chapter 205 or 206, Occupations Code, as applicable, and did not
undergo a criminal history record information check based on the
license holder's fingerprints on the initial application for the
license. A 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 34. Not later than January 1, 2020, the Texas
Medical Board shall approve the rules required by Section 601.1021,
Occupations Code, as added by this Act.
SECTION 35. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1504 was passed by the House on April
17, 2019, by the following vote: Yeas 127, Nays 7, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1504 on May 20, 2019, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1504 on May 25, 2019, by the following vote: Yeas 137,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1504 was passed by the Senate, with
amendments, on May 14, 2019, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1504 on May 25, 2019, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor