Bill Text: TX HB1504 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the continuation and functions of the Texas Medical Board; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1504 Detail]
Download: Texas-2019-HB1504-Enrolled.html
H.B. No. 1504 |
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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 [ |
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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 [ |
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(2) the programs, functions, rules, and budget of | ||
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(3) the scope of and limitations on the rulemaking | ||
authority [ |
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(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 [ |
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(5) [ |
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the board; | ||
(6) [ |
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(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) [ |
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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 | ||
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(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 [ |
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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 [ |
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board shall update the information contained in a physician's | ||
profile annually[ |
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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), [ |
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identifying information. | ||
(k) Not later than the 10th working day after the date the | ||
board dismisses [ |
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complaint against a physician required to be included in the | ||
physician's profile under Subsection (b)(15) or (i) [ |
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not supported by sufficient evidence that a violation occurred, or | ||
resolves the complaint and takes no action [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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office procedures [ |
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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) [ |
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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) [ |
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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 | ||
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preceding five years [ |
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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; [ |
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(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 [ |
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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 [ |
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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 [ |
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(1) be [ |
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assistant records custodian; and | ||
(2) detail [ |
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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 [ |
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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 [ |
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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. | ||
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case, the board has the sole authority and discretion to determine | ||
the appropriate action or sanction. The [ |
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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; [ |
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(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 | ||
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(2) the programs, [ |
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acupuncture board; | ||
(3) [ |
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rulemaking authority [ |
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(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) [ |
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the acupuncture board; | ||
(6) [ |
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(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) [ |
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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) [ |
||
[ |
||
involving moral turpitude; | ||
(2) [ |
||
affects the applicant's professional competency; | ||
(3) [ |
||
revoked by a licensing agency or by a certifying professional | ||
organization; and | ||
(4) [ |
||
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) [ |
||
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) [ |
||
of the advisory board; | ||
(6) [ |
||
(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) [ |
||
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; [ |
||
(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, [ |
||
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 [ |
||
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) [ |
||
of the advisory board; | ||
(6) [ |
||
(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) [ |
||
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 |