Bill Text: TX HB2551 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the licensing and regulation of associate physicians and the authority of an insured to select an associate physician under the insured's health insurance policy; requiring an occupational license.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-13 - No action taken in committee [HB2551 Detail]
Download: Texas-2023-HB2551-Introduced.html
88R770 BEE-D | ||
By: Shaheen | H.B. No. 2551 |
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relating to the licensing and regulation of associate physicians | ||
and the authority of an insured to select an associate physician | ||
under the insured's health insurance policy; requiring an | ||
occupational license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 155, Occupations Code, is amended by | ||
adding Subchapter E to read as follows: | ||
SUBCHAPTER E. ASSOCIATE PHYSICIAN | ||
Sec. 155.201. DEFINITION. In this subchapter, "associate | ||
physician" means an individual licensed under this subchapter to | ||
practice medicine under a collaborative practice agreement as | ||
described by Section 155.204. | ||
Sec. 155.202. RULES. The board shall adopt rules in | ||
accordance with this subchapter relating to the licensing and | ||
regulation of associate physicians. | ||
Sec. 155.203. LICENSE ISSUANCE. On application, the board | ||
shall issue a license to practice medicine under this subchapter to | ||
an applicant who: | ||
(1) is a resident of this state and is a United States | ||
citizen or a legal permanent resident; | ||
(2) has proficiency in the English language; | ||
(3) is a graduate of a board-approved medical or | ||
osteopathic medical school; | ||
(4) has passed the first and second components of the | ||
United States Medical Licensing Examination or the equivalent | ||
components of another board-approved licensing examination | ||
described by Section 155.0511: | ||
(A) not earlier than two years before the date | ||
the applicant submits an application for licensure as an associate | ||
physician; and | ||
(B) not more than three years after the date of | ||
the applicant's graduation from a medical school or osteopathic | ||
medical school; and | ||
(5) either: | ||
(A) has not completed a board-approved | ||
postgraduate residency program; or | ||
(B) has completed a board-approved postgraduate | ||
residency program and passed the second component of the United | ||
States Medical Licensing Examination or the equivalent component of | ||
another board-approved medical licensing examination described by | ||
Section 155.0511 at any time before the date the applicant submits | ||
an application for licensure as an associate physician, if on the | ||
second anniversary of the date of completion of the examination | ||
requirement the applicant was serving as a resident physician in a | ||
board-approved postgraduate residency program in the United States | ||
and continued to do so until not earlier than the 30th day before | ||
the date the applicant submits an application for licensure as an | ||
associate physician. | ||
Sec. 155.204. COLLABORATIVE PRACTICE AGREEMENT REQUIRED. | ||
(a) An associate physician may not practice as an associate | ||
physician unless the associate physician has entered into a | ||
collaborative practice agreement with a physician under this | ||
subtitle. | ||
(b) An associate physician must enter into a collaborative | ||
practice agreement within the period prescribed by board rule. | ||
(c) A collaborative practice agreement under this section: | ||
(1) must be in writing; | ||
(2) may be in the form of a written agreement, | ||
jointly-agreed protocols, or standing orders for the delivery of | ||
health care services; and | ||
(3) may delegate to an associate physician the | ||
authority to administer or dispense drugs and provide treatment: | ||
(A) within the scope of practice of the associate | ||
physician as specified in the agreement; and | ||
(B) consistent with the skill, training, and | ||
competence of the associate physician and the collaborating | ||
physician. | ||
Sec. 155.205. LIABILITY OF COLLABORATING PHYSICIAN. A | ||
physician who enters into a collaborative practice agreement with | ||
an associate physician under Section 155.204 is responsible at all | ||
times for the oversight of and is liable for any medical act | ||
performed by the associate physician in the practice of medicine. | ||
Sec. 155.206. LICENSING OF ASSOCIATE PHYSICIAN AS | ||
PHYSICIAN. The board by rule shall adopt procedures for the | ||
issuance of a license to practice medicine as a physician to an | ||
associate physician who: | ||
(1) not later than the first anniversary of the date of | ||
issuance of an associate physician license under this subchapter, | ||
completes the third component of the United States Medical | ||
Licensing Examination or the equivalent component of another | ||
board-approved licensing examination described by Section | ||
155.0511; | ||
(2) practices for five years under a collaborative | ||
practice arrangement as described by Section 155.204; and | ||
(3) after completing the collaborative practice | ||
period described by Subdivision (2), achieves a passing score in | ||
not more than three attempts on the endorsement examination | ||
described by Section 155.207. | ||
Sec. 155.207. ENDORSEMENT EXAMINATION. (a) The board | ||
shall develop and administer an endorsement examination for | ||
associate physicians who satisfy the requirements of Sections | ||
155.206(1) and (2). | ||
(b) The endorsement examination must assess an associate | ||
physician's mastery of the knowledge required of general primary | ||
care practitioners licensed in this state. | ||
(c) The board shall provide practice testing materials to | ||
associate physicians during the collaborative practice period | ||
described by Section 155.206(2). | ||
Sec. 155.208. LICENSING OF CERTAIN ASSOCIATE PHYSICIANS AS | ||
PHYSICIAN ASSISTANTS. (a) The board and the Texas Physician | ||
Assistant Board shall jointly adopt rules providing for the | ||
issuance of a physician assistant license under Chapter 204 to an | ||
associate physician who does not satisfy the requirements of | ||
Section 155.206 for the issuance of a license as a physician. | ||
(b) A rule adopted under Subsection (a) may not require an | ||
associate physician to satisfy any additional requirements under | ||
Chapter 204 for the issuance of a physician assistant license. | ||
Sec. 155.209. EXPIRATION OF ASSOCIATE PHYSICIAN LICENSE. | ||
The board by rule shall adopt procedures for the expiration of the | ||
license of an associate physician who is not eligible for the | ||
issuance of a license as a: | ||
(1) physician under Section 155.206; or | ||
(2) physician assistant under Section 155.208. | ||
SECTION 2. Section 1451.001, Insurance Code, is amended by | ||
adding Subdivision (2-a) to read as follows: | ||
(2-a) "Associate physician" means an individual | ||
licensed under Subchapter E, Chapter 155, Occupations Code, to | ||
practice medicine under a collaborative practice agreement as | ||
described by Section 155.204, Occupations Code. | ||
SECTION 3. Subchapter C, Chapter 1451, Insurance Code, is | ||
amended by adding Section 1451.129 to read as follows: | ||
Sec. 1451.129. SELECTION OF ASSOCIATE PHYSICIAN. An | ||
insured may select an associate physician to provide the services | ||
scheduled in the health insurance policy that are within the scope | ||
of the associate physician's license under Subchapter E, Chapter | ||
155, Occupations Code. | ||
SECTION 4. Not later than December 1, 2023, the Texas | ||
Medical Board shall adopt rules as necessary to implement | ||
Subchapter E, Chapter 155, Occupations Code, as added by this Act. | ||
SECTION 5. Section 1451.129, Insurance Code, as added by | ||
this Act, applies only to a health insurance policy that is | ||
delivered, issued for delivery, or renewed on or after January 1, | ||
2024. | ||
SECTION 6. This Act takes effect September 1, 2023. |