| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. |