Bill Text: TX HB3040 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the continuation and functions of the Texas Medical Board; authorizing a fee.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-06 - Committee report sent to Calendars [HB3040 Detail]
Download: Texas-2017-HB3040-Comm_Sub.html
85R21497 BEE-D | |||
By: Burkett, Thompson of Harris, Flynn, | H.B. No. 3040 | ||
Raymond | |||
Substitute the following for H.B. No. 3040: | |||
By: Price | C.S.H.B. No. 3040 |
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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, 2029 [ |
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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) [ |
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the board; | ||
(5) [ |
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(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of the board | ||
in performing their duties; and | ||
(6) [ |
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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. On receipt of | ||
the training manual, each board member shall sign and submit to the | ||
executive director a statement acknowledging receipt of the | ||
training manual. | ||
SECTION 3. The heading to Section 153.007, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 153.007. AUTHORITY TO ISSUE SUBPOENA OR ADMINISTER | ||
OATH; SUBPOENA ENFORCEMENT. | ||
SECTION 4. Section 153.007, Occupations Code, is amended by | ||
adding Subsections (e) and (f) to read as follows: | ||
(e) If a person fails to comply with a subpoena issued under | ||
this section, the board, acting through the attorney general, may | ||
file suit to enforce the subpoena in a district court in Travis | ||
County or in a county in which a hearing conducted by the board may | ||
be held. | ||
(f) On finding that good cause exists for issuing the | ||
subpoena, the court shall order the person to comply with the | ||
subpoena. | ||
SECTION 5. 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 6. Section 155.056, Occupations Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) Except as provided by Subsection (a-1), an [ |
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applicant must pass each part of an examination within three | ||
attempts. | ||
(a-1) The limit on the number of examination attempts under | ||
Subsection (a) does not apply to the Texas medical jurisprudence | ||
examination. | ||
SECTION 7. Subchapter A, Chapter 156, Occupations Code, is | ||
amended by adding Section 156.010 to read as follows: | ||
Sec. 156.010. REFUSAL FOR VIOLATION OF BOARD ORDER. The | ||
board may refuse to renew a registration permit issued under this | ||
chapter if the license holder is in violation of a board order. | ||
SECTION 8. 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 9. Chapter 162, Occupations Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. GENERAL PRACTICE PROVISIONS | ||
Sec. 162.301. DUTIES RELATED TO CERTAIN PRESCRIPTIONS. (a) | ||
A physician may not prescribe a drug listed in Subsection (b) to a | ||
patient unless the physician has reviewed the patient's | ||
prescription history by accessing the prescription information | ||
submitted to the Texas State Board of Pharmacy as authorized by | ||
Section 481.076(a)(5), Health and Safety Code. | ||
(b) Subsection (a) applies only to the prescribing of: | ||
(1) opioids; | ||
(2) benzodiazepines; | ||
(3) barbiturates; or | ||
(4) carisoprodol. | ||
(c) A physician is not subject to the requirements of | ||
Subsection (a) if: | ||
(1) the patient has been diagnosed with cancer or the | ||
patient is receiving hospice care; and | ||
(2) the physician clearly notes in the prescription | ||
record that the patient was diagnosed with cancer or is receiving | ||
hospice care, as applicable. | ||
(d) Failure by a physician to comply with the requirements | ||
of this section is grounds for disciplinary action under Section | ||
164.051. | ||
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. Subchapter A, Chapter 164, Occupations Code, is | ||
amended by adding Section 164.0105 to read as follows: | ||
Sec. 164.0105. MONITORING HARMFUL PRESCRIBING PATTERNS. | ||
(a) The board shall periodically check the prescribing information | ||
submitted to the Texas State Board of Pharmacy as authorized by | ||
Section 481.076(a)(1), Health and Safety Code, to determine whether | ||
a physician is engaging in potentially harmful prescribing patterns | ||
or practices. | ||
(b) The board, in coordination with the Texas State Board of | ||
Pharmacy, shall determine the conduct that constitutes a | ||
potentially harmful prescribing pattern or practice for purposes of | ||
Subsection (a). In determining the conduct that constitutes a | ||
potentially harmful prescribing pattern or practice, the board | ||
shall consider: | ||
(1) the number of times a physician prescribes a drug | ||
listed in Section 162.301(b); and | ||
(2) for prescriptions described by Subdivision (1), | ||
patterns of prescribing combinations of those drugs and other | ||
dangerous combinations of drugs identified by the board. | ||
(c) If the board suspects that a physician may be engaging | ||
in potentially harmful prescribing patterns or practices, the board | ||
may notify the physician of the potentially harmful prescribing | ||
pattern or practice. | ||
(d) The board may initiate a complaint against a physician | ||
based on information obtained under this section. | ||
SECTION 14. 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 15. Subchapter A, Chapter 168, Occupations Code, is | ||
amended by adding Section 168.003 to read as follows: | ||
Sec. 168.003. LEGISLATIVE FINDING. The legislature finds | ||
that deaths resulting from the use of opioids and other controlled | ||
substances constitute a public health crisis and that there is a | ||
compelling state interest in the board closely regulating the | ||
prescribing of opioids and other controlled substances by | ||
physicians and their delegates. Accordingly, the legislature finds | ||
that inspections and investigations conducted by the board, | ||
including the board's use of subpoenas for immediate production, | ||
inspection, and copying of medical and billing records, are | ||
necessary to adequately regulate the prescribing of opioids and | ||
other controlled substances in order to protect the public health | ||
and welfare. | ||
SECTION 16. Section 168.052, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 168.052. INSPECTIONS. (a) The board may inspect a | ||
pain management clinic certified under this chapter, including the | ||
documents of a physician practicing at the clinic, as necessary to | ||
ensure compliance with this chapter. | ||
(b) The board may inspect a clinic or facility that is not | ||
certified under this chapter to determine whether the clinic or | ||
facility is required to be certified under Section 168.101. The | ||
board by rule shall establish the grounds for conducting an | ||
inspection under this subsection, including grounds based on: | ||
(1) the population of patients served by the clinic or | ||
facility; | ||
(2) the volume or combination of drugs prescribed to | ||
patients served by the clinic or facility; and | ||
(3) any other criteria the board considers sufficient | ||
to require an inspection of the clinic or facility. | ||
SECTION 17. Section 168.201, Occupations Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) For the purposes of this section, inappropriate | ||
prescribing includes nontherapeutic prescribing or other conduct | ||
as specified by board rule. | ||
SECTION 18. Subtitle B, Title 3, Occupations Code, is | ||
amended by adding Chapter 170 to read as follows: | ||
CHAPTER 170. INTERSTATE MEDICAL LICENSURE COMPACT | ||
Sec. 170.001. INTERSTATE MEDICAL LICENSURE COMPACT. The | ||
Interstate Medical Licensure Compact is enacted and entered into | ||
with all other jurisdictions that legally join in the compact, | ||
which reads as follows: | ||
INTERSTATE MEDICAL LICENSURE COMPACT | ||
SECTION 1. PURPOSE | ||
In order to strengthen access to health care, and in | ||
recognition of the advances in the delivery of health care, the | ||
member states of the Interstate Medical Licensure Compact have | ||
allied in common purpose to develop a comprehensive process that | ||
complements the existing licensing and regulatory authority of | ||
state medical boards, and provides a streamlined process that | ||
allows physicians to become licensed in multiple states, thereby | ||
enhancing the portability of a medical license and ensuring the | ||
safety of patients. The Compact creates another pathway for | ||
licensure and does not otherwise change a state's existing Medical | ||
Practice Act. The Compact also adopts the prevailing standard for | ||
licensure and affirms that the practice of medicine occurs where | ||
the patient is located at the time of the physician-patient | ||
encounter, and therefore, requires the physician to be under the | ||
jurisdiction of the state medical board where the patient is | ||
located. State medical boards that participate in the Compact | ||
retain the jurisdiction to impose an adverse action against a | ||
license to practice medicine in that state issued to a physician | ||
through the procedures in the Compact. | ||
SECTION 2. DEFINITIONS | ||
In this compact: | ||
(a) "Bylaws" means those bylaws established by the | ||
Interstate Commission pursuant to Section 11 for its governance, or | ||
for directing and controlling its actions and conduct. | ||
(b) "Commissioner" means the voting representative | ||
appointed by each member board pursuant to Section 11. | ||
(c) "Conviction" means a finding by a court that an | ||
individual is guilty of a criminal offense through adjudication, or | ||
entry of a plea of guilt or no contest to the charge by the offender. | ||
Evidence of an entry of a conviction of a criminal offense by the | ||
court shall be considered final for purposes of disciplinary action | ||
by a member board. | ||
(d) "Expedited License" means a full and unrestricted | ||
medical license granted by a member state to an eligible physician | ||
through the process set forth in the Compact. | ||
(e) "Interstate Commission" means the interstate commission | ||
created pursuant to Section 11. | ||
(f) "License" means authorization by a state for a physician | ||
to engage in the practice of medicine, which would be unlawful | ||
without the authorization. | ||
(g) "Medical Practice Act" means laws and regulations | ||
governing the practice of allopathic and osteopathic medicine | ||
within a member state. | ||
(h) "Member Board" means a state agency in a member state | ||
that acts in the sovereign interests of the state by protecting the | ||
public through licensure, regulation, and education of physicians | ||
as directed by the state government. | ||
(i) "Member State" means a state that has enacted the | ||
Compact. | ||
(j) "Practice of Medicine" means the clinical prevention, | ||
diagnosis, or treatment of human disease, injury, or condition | ||
requiring a physician to obtain and maintain a license in | ||
compliance with the Medical Practice Act of a member state. | ||
(k) "Physician" means any person who: | ||
(1) Is a graduate of a medical school accredited by the | ||
Liaison Committee on Medical Education, the Commission on | ||
Osteopathic College Accreditation, or a medical school listed in | ||
the International Medical Education Directory or its equivalent; | ||
(2) Passed each component of the United States Medical | ||
Licensing Examination (USMLE) or the Comprehensive Osteopathic | ||
Medical Licensing Examination (COMLEX-USA) within three attempts, | ||
or any of its predecessor examinations accepted by a state medical | ||
board as an equivalent examination for licensure purposes; | ||
(3) Successfully completed graduate medical education | ||
approved by the Accreditation Council for Graduate Medical | ||
Education or the American Osteopathic Association; | ||
(4) Holds specialty certification or a time-unlimited | ||
specialty certificate recognized by the American Board of Medical | ||
Specialties or the American Osteopathic Association's Bureau of | ||
Osteopathic Specialists; | ||
(5) Possesses a full and unrestricted license to | ||
engage in the practice of medicine issued by a member board; | ||
(6) Has never been convicted, received adjudication, | ||
deferred adjudication, community supervision, or deferred | ||
disposition for any offense by a court of appropriate jurisdiction; | ||
(7) Has never held a license authorizing the practice | ||
of medicine subjected to discipline by a licensing agency in any | ||
state, federal, or foreign jurisdiction, excluding any action | ||
related to non-payment of fees related to a license; | ||
(8) Has never had a controlled substance license or | ||
permit suspended or revoked by a state or the United States Drug | ||
Enforcement Administration; and | ||
(9) Is not under active investigation by a licensing | ||
agency or law enforcement authority in any state, federal, or | ||
foreign jurisdiction. | ||
(l) "Offense" means a felony, gross misdemeanor, or crime of | ||
moral turpitude. | ||
(m) "Rule" means a written statement by the Interstate | ||
Commission promulgated pursuant to Section 12 of the Compact that | ||
is of general applicability, implements, interprets, or prescribes | ||
a policy or provision of the Compact, or an organizational, | ||
procedural, or practice requirement of the Interstate Commission, | ||
and has the force and effect of statutory law in a member state, and | ||
includes the amendment, repeal, or suspension of an existing rule. | ||
(n) "State" means any state, commonwealth, district, or | ||
territory of the United States. | ||
(o) "State of Principal License" means a member state where | ||
a physician holds a license to practice medicine and which has been | ||
designated as such by the physician for purposes of registration | ||
and participation in the Compact. | ||
SECTION 3. ELIGIBILITY | ||
(a) A physician must meet the eligibility requirements as | ||
defined in Section 2(k) to receive an expedited license under the | ||
terms and provisions of the Compact. | ||
(b) A physician who does not meet the requirements of | ||
Section 2(k) may obtain a license to practice medicine in a member | ||
state if the individual complies with all laws and requirements, | ||
other than the Compact, relating to the issuance of a license to | ||
practice medicine in that state. | ||
SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE | ||
(a) A physician shall designate a member state as the state | ||
of principal license for purposes of registration for expedited | ||
licensure through the Compact if the physician possesses a full and | ||
unrestricted license to practice medicine in that state, and the | ||
state is: | ||
(1) the state of primary residence for the physician, | ||
or | ||
(2) the state where at least 25 percent of the practice | ||
of medicine occurs, or | ||
(3) the location of the physician's employer, or | ||
(4) if no state qualifies under subsection (1), | ||
subsection (2), or subsection (3), the state designated as state of | ||
residence for purpose of federal income tax. | ||
(b) A physician may redesignate a member state as state of | ||
principal license at any time, as long as the state meets the | ||
requirements in subsection (a). | ||
(c) The Interstate Commission is authorized to develop | ||
rules to facilitate redesignation of another member state as the | ||
state of principal license. | ||
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE | ||
(a) A physician seeking licensure through the Compact shall | ||
file an application for an expedited license with the member board | ||
of the state selected by the physician as the state of principal | ||
license. | ||
(b) Upon receipt of an application for an expedited license, | ||
the member board within the state selected as the state of principal | ||
license shall evaluate whether the physician is eligible for | ||
expedited licensure and issue a letter of qualification, verifying | ||
or denying the physician's eligibility, to the Interstate | ||
Commission. | ||
(i) Static qualifications, which include verification | ||
of medical education, graduate medical education, results of any | ||
medical or licensing examination, and other qualifications as | ||
determined by the Interstate Commission through rule, shall not be | ||
subject to additional primary source verification where already | ||
primary source verified by the state of principal license. | ||
(ii) The member board within the state selected as the | ||
state of principal license shall, in the course of verifying | ||
eligibility, perform a criminal background check of an applicant, | ||
including the use of the results of fingerprint or other biometric | ||
data checks compliant with the requirements of the Federal Bureau | ||
of Investigation, with the exception of federal employees who have | ||
suitability determination in accordance with U.S. C.F.R. Section | ||
731.202. | ||
(iii) Appeal on the determination of eligibility shall | ||
be made to the member state where the application was filed and | ||
shall be subject to the law of that state. | ||
(c) Upon verification in subsection (b), physicians | ||
eligible for an expedited license shall complete the registration | ||
process established by the Interstate Commission to receive a | ||
license in a member state selected pursuant to subsection (a), | ||
including the payment of any applicable fees. | ||
(d) After receiving verification of eligibility under | ||
subsection (b) and any fees under subsection (c), a member board | ||
shall issue an expedited license to the physician. This license | ||
shall authorize the physician to practice medicine in the issuing | ||
state consistent with the Medical Practice Act and all applicable | ||
laws and regulations of the issuing member board and member state. | ||
(e) An expedited license shall be valid for a period | ||
consistent with the licensure period in the member state and in the | ||
same manner as required for other physicians holding a full and | ||
unrestricted license within the member state. | ||
(f) An expedited license obtained though the Compact shall | ||
be terminated if a physician fails to maintain a license in the | ||
state of principal licensure for a non-disciplinary reason, without | ||
redesignation of a new state of principal licensure. | ||
(g) The Interstate Commission is authorized to develop | ||
rules regarding the application process, including payment of any | ||
applicable fees, and the issuance of an expedited license. | ||
SECTION 6. FEES FOR EXPEDITED LICENSURE | ||
(a) A member state issuing an expedited license authorizing | ||
the practice of medicine in that state may impose a fee for a | ||
license issued or renewed through the Compact. | ||
(b) The Interstate Commission is authorized to develop | ||
rules regarding fees for expedited licenses. | ||
SECTION 7. RENEWAL AND CONTINUED PARTICIPATION | ||
(a) A physician seeking to renew an expedited license | ||
granted in a member state shall complete a renewal process with the | ||
Interstate Commission if the physician: | ||
(1) Maintains a full and unrestricted license in a | ||
state of principal license; | ||
(2) Has not been convicted, received adjudication, | ||
deferred adjudication, community supervision, or deferred | ||
disposition for any offense by a court of appropriate jurisdiction; | ||
(3) Has not had a license authorizing the practice of | ||
medicine subject to discipline by a licensing agency in any state, | ||
federal, or foreign jurisdiction, excluding any action related to | ||
non-payment of fees related to a license; and | ||
(4) Has not had a controlled substance license or | ||
permit suspended or revoked by a state or the United States Drug | ||
Enforcement Administration. | ||
(b) Physicians shall comply with all continuing | ||
professional development or continuing medical education | ||
requirements for renewal of a license issued by a member state. | ||
(c) The Interstate Commission shall collect any renewal | ||
fees charged for the renewal of a license and distribute the fees to | ||
the applicable member board. | ||
(d) Upon receipt of any renewal fees collected in subsection | ||
(c), a member board shall renew the physician's license. | ||
(e) Physician information collected by the Interstate | ||
Commission during the renewal process will be distributed to all | ||
member boards. | ||
(f) The Interstate Commission is authorized to develop | ||
rules to address renewal of licenses obtained through the Compact. | ||
SECTION 8. COORDINATED INFORMATION SYSTEM | ||
(a) The Interstate Commission shall establish a database of | ||
all physicians licensed, or who have applied for licensure, under | ||
Section 5. | ||
(b) Notwithstanding any other provision of law, member | ||
boards shall report to the Interstate Commission any public action | ||
or complaints against a licensed physician who has applied or | ||
received an expedited license through the Compact. | ||
(c) Member boards shall report disciplinary or | ||
investigatory information determined as necessary and proper by | ||
rule of the Interstate Commission. | ||
(d) Member boards may report any non-public complaint, | ||
disciplinary, or investigatory information not required by | ||
subsection (c) to the Interstate Commission. | ||
(e) Member boards shall share complaint or disciplinary | ||
information about a physician upon request of another member board. | ||
(f) All information provided to the Interstate Commission | ||
or distributed by member boards shall be confidential, filed under | ||
seal, and used only for investigatory or disciplinary matters. | ||
(g) The Interstate Commission is authorized to develop | ||
rules for mandated or discretionary sharing of information by | ||
member boards. | ||
SECTION 9. JOINT INVESTIGATIONS | ||
(a) Licensure and disciplinary records of physicians are | ||
deemed investigative. | ||
(b) In addition to the authority granted to a member board | ||
by its respective Medical Practice Act or other applicable state | ||
law, a member board may participate with other member boards in | ||
joint investigations of physicians licensed by the member boards. | ||
(c) A subpoena issued by a member state shall be enforceable | ||
in other member states. | ||
(d) Member boards may share any investigative, litigation, | ||
or compliance materials in furtherance of any joint or individual | ||
investigation initiated under the Compact. | ||
(e) Any member state may investigate actual or alleged | ||
violations of the statutes authorizing the practice of medicine in | ||
any other member state in which a physician holds a license to | ||
practice medicine. | ||
SECTION 10. DISCIPLINARY ACTIONS | ||
(a) Any disciplinary action taken by any member board | ||
against a physician licensed through the Compact shall be deemed | ||
unprofessional conduct which may be subject to discipline by other | ||
member boards, in addition to any violation of the Medical Practice | ||
Act or regulations in that state. | ||
(b) If a license granted to a physician by the member board | ||
in the state of principal license is revoked, surrendered or | ||
relinquished in lieu of discipline, or suspended, then all licenses | ||
issued to the physician by member boards shall automatically be | ||
placed, without further action necessary by any member board, on | ||
the same status. If the member board in the state of principal | ||
license subsequently reinstates the physician's license, a license | ||
issued to the physician by any other member board shall remain | ||
encumbered until that respective member board takes action to | ||
reinstate the license in a manner consistent with the Medical | ||
Practice Act of that state. | ||
(c) If disciplinary action is taken against a physician by a | ||
member board not in the state of principal license, any other member | ||
board may deem the action conclusive as to matter of law and fact | ||
decided, and: | ||
(i) impose the same or lesser sanction(s) against the | ||
physician so long as such sanctions are consistent with the Medical | ||
Practice Act of that state; | ||
(ii) or pursue separate disciplinary action against | ||
the physician under its respective Medical Practice Act, regardless | ||
of the action taken in other member states. | ||
(d) If a license granted to a physician by a member board is | ||
revoked, surrendered or relinquished in lieu of discipline, or | ||
suspended, then any license(s) issued to the physician by any other | ||
member board(s) shall be suspended, automatically and immediately | ||
without further action necessary by the other member board(s), for | ||
ninety (90) days upon entry of the order by the disciplining board, | ||
to permit the member board(s) to investigate the basis for the | ||
action under the Medical Practice Act of that state. A member board | ||
may terminate the automatic suspension of the license it issued | ||
prior to the completion of the ninety (90) day suspension period in | ||
a manner consistent with the Medical Practice Act of that state. | ||
SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT | ||
COMMISSION | ||
(a) The member states hereby create the "Interstate Medical | ||
Licensure Compact Commission". | ||
(b) The purpose of the Interstate Commission is the | ||
administration of the Interstate Medical Licensure Compact, which | ||
is a discretionary state function. | ||
(c) The Interstate Commission shall be a body corporate and | ||
joint agency of the member states and shall have all the | ||
responsibilities, powers, and duties set forth in the Compact, and | ||
such additional powers as may be conferred upon it by a subsequent | ||
concurrent action of the respective legislatures of the member | ||
states in accordance with the terms of the Compact. | ||
(d) The Interstate Commission shall consist of two voting | ||
representatives appointed by each member state who shall serve as | ||
Commissioners. In states where allopathic and osteopathic | ||
physicians are regulated by separate member boards, or if the | ||
licensing and disciplinary authority is split between multiple | ||
member boards within a member state, the member state shall appoint | ||
one representative from each member board. A Commissioner shall be | ||
a(n): | ||
(1) Allopathic or osteopathic physician appointed to a | ||
member board; | ||
(2) Executive director, executive secretary, or | ||
similar executive of a member board; or | ||
(3) Member of the public appointed to a member board. | ||
(e) The Interstate Commission shall meet at least once each | ||
calendar year. A portion of this meeting shall be a business | ||
meeting to address such matters as may properly come before the | ||
Commission, including the election of officers. The chairperson | ||
may call additional meetings and shall call for a meeting upon the | ||
request of a majority of the member states. | ||
(f) The bylaws may provide for meetings of the Interstate | ||
Commission to be conducted by telecommunication or electronic | ||
communication. | ||
(g) Each Commissioner participating at a meeting of the | ||
Interstate Commission is entitled to one vote. A majority of | ||
Commissioners shall constitute a quorum for the transaction of | ||
business, unless a larger quorum is required by the bylaws of the | ||
Interstate Commission. A Commissioner shall not delegate a vote to | ||
another Commissioner. In the absence of its Commissioner, a member | ||
state may delegate voting authority for a specified meeting to | ||
another person from that state who shall meet the requirements of | ||
subsection (d). | ||
(h) The Interstate Commission shall provide public notice | ||
of all meetings and all meetings shall be open to the public. The | ||
Interstate Commission may close a meeting, in full or in portion, | ||
where it determines by a two-thirds vote of the Commissioners | ||
present that an open meeting would be likely to: | ||
(1) Relate solely to the internal personnel practices | ||
and procedures of the Interstate Commission; | ||
(2) Discuss matters specifically exempted from | ||
disclosure by federal statute; | ||
(3) Discuss trade secrets, commercial, or financial | ||
information that is privileged or confidential; | ||
(4) Involve accusing a person of a crime, or formally | ||
censuring a person; | ||
(5) Discuss information of a personal nature where | ||
disclosure would constitute a clearly unwarranted invasion of | ||
personal privacy; | ||
(6) Discuss investigative records compiled for law | ||
enforcement purposes; or | ||
(7) Specifically relate to the participation in a | ||
civil action or other legal proceeding. | ||
(i) The Interstate Commission shall keep minutes which | ||
shall fully describe all matters discussed in a meeting and shall | ||
provide a full and accurate summary of actions taken, including | ||
record of any roll call votes. | ||
(j) The Interstate Commission shall make its information | ||
and official records, to the extent not otherwise designated in the | ||
Compact or by its rules, available to the public for inspection. | ||
(k) The Interstate Commission shall establish an executive | ||
committee, which shall include officers, members, and others as | ||
determined by the bylaws. The executive committee shall have the | ||
power to act on behalf of the Interstate Commission, with the | ||
exception of rulemaking, during periods when the Interstate | ||
Commission is not in session. When acting on behalf of the | ||
Interstate Commission, the executive committee shall oversee the | ||
administration of the Compact including enforcement and compliance | ||
with the provisions of the Compact, its bylaws and rules, and other | ||
such duties as necessary. | ||
(l) The Interstate Commission may establish other | ||
committees for governance and administration of the Compact. | ||
SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION | ||
The Interstate Commission shall have the duty and power to: | ||
(a) Oversee and maintain the administration of the Compact; | ||
(b) Promulgate rules which shall be binding to the extent | ||
and in the manner provided for in the Compact; | ||
(c) Issue, upon the request of a member state or member | ||
board, advisory opinions concerning the meaning or interpretation | ||
of the Compact, its bylaws, rules, and actions; | ||
(d) Enforce compliance with Compact provisions, the rules | ||
promulgated by the Interstate Commission, and the bylaws, using all | ||
necessary and proper means, including but not limited to the use of | ||
judicial process; | ||
(e) Establish and appoint committees including, but not | ||
limited to, an executive committee as required by Section 11, which | ||
shall have the power to act on behalf of the Interstate Commission | ||
in carrying out its powers and duties; | ||
(f) Pay, or provide for the payment of the expenses related | ||
to the establishment, organization, and ongoing activities of the | ||
Interstate Commission; | ||
(g) Establish and maintain one or more offices; | ||
(h) Borrow, accept, hire, or contract for services of | ||
personnel; | ||
(i) Purchase and maintain insurance and bonds; | ||
(j) Employ an executive director who shall have such powers | ||
to employ, select or appoint employees, agents, or consultants, and | ||
to determine their qualifications, define their duties, and fix | ||
their compensation; | ||
(k) Establish personnel policies and programs relating to | ||
conflicts of interest, rates of compensation, and qualifications of | ||
personnel; | ||
(l) Accept donations and grants of money, equipment, | ||
supplies, materials and services, and to receive, utilize, and | ||
dispose of it in a manner consistent with the conflict of interest | ||
policies established by the Interstate Commission; | ||
(m) Lease, purchase, accept contributions or donations of, | ||
or otherwise to own, hold, improve or use, any property, real, | ||
personal, or mixed; | ||
(n) Sell, convey, mortgage, pledge, lease, exchange, | ||
abandon, or otherwise dispose of any property, real, personal, or | ||
mixed; | ||
(o) Establish a budget and make expenditures; | ||
(p) Adopt a seal and bylaws governing the management and | ||
operation of the Interstate Commission; | ||
(q) Report annually to the legislatures and governors of the | ||
member states concerning the activities of the Interstate | ||
Commission during the preceding year. Such reports shall also | ||
include reports of financial audits and any recommendations that | ||
may have been adopted by the Interstate Commission; | ||
(r) Coordinate education, training, and public awareness | ||
regarding the Compact, its implementation, and its operation; | ||
(s) Maintain records in accordance with the bylaws; | ||
(t) Seek and obtain trademarks, copyrights, and patents; | ||
and | ||
(u) Perform such functions as may be necessary or | ||
appropriate to achieve the purposes of the Compact. | ||
SECTION 13. FINANCE POWERS | ||
(a) The Interstate Commission may levy on and collect an | ||
annual assessment from each member state to cover the cost of the | ||
operations and activities of the Interstate Commission and its | ||
staff. The total assessment must be sufficient to cover the annual | ||
budget approved each year for which revenue is not provided by other | ||
sources. The aggregate annual assessment amount shall be allocated | ||
upon a formula to be determined by the Interstate Commission, which | ||
shall promulgate a rule binding upon all member states. | ||
(b) The Interstate Commission shall not incur obligations | ||
of any kind prior to securing the funds adequate to meet the same. | ||
(c) The Interstate Commission shall not pledge the credit of | ||
any of the member states, except by, and with the authority of, the | ||
member state. | ||
(d) The Interstate Commission shall be subject to a yearly | ||
financial audit conducted by a certified or licensed public | ||
accountant and the report of the audit shall be included in the | ||
annual report of the Interstate Commission. | ||
SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE | ||
COMMISSION | ||
(a) The Interstate Commission shall, by a majority of | ||
Commissioners present and voting, adopt bylaws to govern its | ||
conduct as may be necessary or appropriate to carry out the purposes | ||
of the Compact within twelve (12) months of the first Interstate | ||
Commission meeting. | ||
(b) The Interstate Commission shall elect or appoint | ||
annually from among its Commissioners a chairperson, a | ||
vice-chairperson, and a treasurer, each of whom shall have such | ||
authority and duties as may be specified in the bylaws. The | ||
chairperson, or in the chairperson's absence or disability, the | ||
vice-chairperson, shall preside at all meetings of the Interstate | ||
Commission. | ||
(c) Officers selected in subsection (b) shall serve without | ||
remuneration from the Interstate Commission. | ||
(d) The officers and employees of the Interstate Commission | ||
shall be immune from suit and liability, either personally or in | ||
their official capacity, for a claim for damage to or loss of | ||
property or personal injury or other civil liability caused or | ||
arising out of, or relating to, an actual or alleged act, error, or | ||
omission that occurred, or that such person had a reasonable basis | ||
for believing occurred, within the scope of Interstate Commission | ||
employment, duties, or responsibilities; provided that such person | ||
shall not be protected from suit or liability for damage, loss, | ||
injury, or liability caused by the intentional or willful and | ||
wanton misconduct of such person. | ||
(1) The liability of the executive director and | ||
employees of the Interstate Commission or representatives of the | ||
Interstate Commission, acting within the scope of such person's | ||
employment or duties for acts, errors, or omissions occurring | ||
within such person's state, may not exceed the limits of liability | ||
set forth under the constitution and laws of that state for state | ||
officials, employees, and agents. The Interstate Commission is | ||
considered to be an instrumentality of the states for the purposes | ||
of any such action. Nothing in this subsection shall be construed | ||
to protect such person from suit or liability for damage, loss, | ||
injury, or liability caused by the intentional or willful and | ||
wanton misconduct of such person. | ||
(2) The Interstate Commission shall defend the | ||
executive director, its employees, and subject to the approval of | ||
the attorney general or other appropriate legal counsel of the | ||
member state represented by an Interstate Commission | ||
representative, shall defend such Interstate Commission | ||
representative in any civil action seeking to impose liability | ||
arising out of an actual or alleged act, error or omission that | ||
occurred within the scope of Interstate Commission employment, | ||
duties or responsibilities, or that the defendant had a reasonable | ||
basis for believing occurred within the scope of Interstate | ||
Commission employment, duties, or responsibilities, provided that | ||
the actual or alleged act, error, or omission did not result from | ||
intentional or willful and wanton misconduct on the part of such | ||
person. | ||
(3) To the extent not covered by the state involved, | ||
member state, or the Interstate Commission, the representatives or | ||
employees of the Interstate Commission shall be held harmless in | ||
the amount of a settlement or judgment, including attorney's fees | ||
and costs, obtained against such persons arising out of an actual or | ||
alleged act, error, or omission that occurred within the scope of | ||
Interstate Commission employment, duties, or responsibilities, or | ||
that such persons had a reasonable basis for believing occurred | ||
within the scope of Interstate Commission employment, duties, or | ||
responsibilities, provided that the actual or alleged act, error, | ||
or omission did not result from intentional or willful and wanton | ||
misconduct on the part of such persons. | ||
SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE | ||
COMMISSION | ||
(a) The Interstate Commission shall promulgate reasonable | ||
rules in order to effectively and efficiently achieve the purposes | ||
of the Compact. Notwithstanding the foregoing, in the event the | ||
Interstate Commission exercises its rulemaking authority in a | ||
manner that is beyond the scope of the purposes of the Compact, or | ||
the powers granted hereunder, then such an action by the Interstate | ||
Commission shall be invalid and have no force or effect. | ||
(b) Rules deemed appropriate for the operations of the | ||
Interstate Commission shall be made pursuant to a rulemaking | ||
process that substantially conforms to the "Model State | ||
Administrative Procedure Act" of 2010, and subsequent amendments | ||
thereto. | ||
(c) Not later than thirty (30) days after a rule is | ||
promulgated, any person may file a petition for judicial review of | ||
the rule in the United States District Court for the District of | ||
Columbia or the federal district where the Interstate Commission | ||
has its principal offices, provided that the filing of such a | ||
petition shall not stay or otherwise prevent the rule from becoming | ||
effective unless the court finds that the petitioner has a | ||
substantial likelihood of success. The court shall give deference | ||
to the actions of the Interstate Commission consistent with | ||
applicable law and shall not find the rule to be unlawful if the | ||
rule represents a reasonable exercise of the authority granted to | ||
the Interstate Commission. | ||
SECTION 16. OVERSIGHT OF INTERSTATE COMPACT | ||
(a) The executive, legislative, and judicial branches of | ||
state government in each member state shall enforce the Compact and | ||
shall take all actions necessary and appropriate to effectuate the | ||
Compact's purposes and intent. The provisions of the Compact and | ||
the rules promulgated hereunder shall have standing as statutory | ||
law but shall not override existing state authority to regulate the | ||
practice of medicine. | ||
(b) All courts shall take judicial notice of the Compact and | ||
the rules in any judicial or administrative proceeding in a member | ||
state pertaining to the subject matter of the Compact which may | ||
affect the powers, responsibilities or actions of the Interstate | ||
Commission. | ||
(c) The Interstate Commission shall be entitled to receive | ||
all service of process in any such proceeding, and shall have | ||
standing to intervene in the proceeding for all purposes. Failure | ||
to provide service of process to the Interstate Commission shall | ||
render a judgment or order void as to the Interstate Commission, the | ||
Compact, or promulgated rules. | ||
SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT | ||
(a) The Interstate Commission, in the reasonable exercise | ||
of its discretion, shall enforce the provisions and rules of the | ||
Compact. | ||
(b) The Interstate Commission may, by majority vote of the | ||
Commissioners, initiate legal action in the United States District | ||
Court for the District of Columbia, or, at the discretion of the | ||
Interstate Commission, in the federal district where the Interstate | ||
Commission has its principal offices, to enforce compliance with | ||
the provisions of the Compact, and its promulgated rules and | ||
bylaws, against a member state in default. The relief sought may | ||
include both injunctive relief and damages. In the event judicial | ||
enforcement is necessary, the prevailing party shall be awarded all | ||
costs of such litigation including reasonable attorney's fees. | ||
(c) The remedies herein shall not be the exclusive remedies | ||
of the Interstate Commission. The Interstate Commission may avail | ||
itself of any other remedies available under state law or the | ||
regulation of a profession. | ||
SECTION 18. DEFAULT PROCEDURES | ||
(a) The grounds for default include, but are not limited to, | ||
failure of a member state to perform such obligations or | ||
responsibilities imposed upon it by the Compact, or the rules and | ||
bylaws of the Interstate Commission promulgated under the Compact. | ||
(b) If the Interstate Commission determines that a member | ||
state has defaulted in the performance of its obligations or | ||
responsibilities under the Compact, or the bylaws or promulgated | ||
rules, the Interstate Commission shall: | ||
(1) Provide written notice to the defaulting state and | ||
other member states, of the nature of the default, the means of | ||
curing the default, and any action taken by the Interstate | ||
Commission. The Interstate Commission shall specify the conditions | ||
by which the defaulting state must cure its default; and | ||
(2) Provide remedial training and specific technical | ||
assistance regarding the default. | ||
(c) If the defaulting state fails to cure the default, the | ||
defaulting state shall be terminated from the Compact upon an | ||
affirmative vote of a majority of the Commissioners and all rights, | ||
privileges, and benefits conferred by the Compact shall terminate | ||
on the effective date of termination. A cure of the default does not | ||
relieve the offending state of obligations or liabilities incurred | ||
during the period of the default. | ||
(d) Termination of membership in the Compact shall be | ||
imposed only after all other means of securing compliance have been | ||
exhausted. Notice of intent to terminate shall be given by the | ||
Interstate Commission to the governor, the majority and minority | ||
leaders of the defaulting state's legislature, and each of the | ||
member states. | ||
(e) The Interstate Commission shall establish rules and | ||
procedures to address licenses and physicians that are materially | ||
impacted by the termination of a member state, or the withdrawal of | ||
a member state. | ||
(f) The member state which has been terminated is | ||
responsible for all dues, obligations, and liabilities incurred | ||
through the effective date of termination including obligations, | ||
the performance of which extends beyond the effective date of | ||
termination. | ||
(g) The Interstate Commission shall not bear any costs | ||
relating to any state that has been found to be in default or which | ||
has been terminated from the Compact, unless otherwise mutually | ||
agreed upon in writing between the Interstate Commission and the | ||
defaulting state. | ||
(h) The defaulting state may appeal the action of the | ||
Interstate Commission by petitioning the United States District | ||
Court for the District of Columbia or the federal district where the | ||
Interstate Commission has its principal offices. The prevailing | ||
party shall be awarded all costs of such litigation including | ||
reasonable attorney's fees. | ||
SECTION 19. DISPUTE RESOLUTION | ||
(a) The Interstate Commission shall attempt, upon the | ||
request of a member state, to resolve disputes which are subject to | ||
the Compact and which may arise among member states or member | ||
boards. | ||
(b) The Interstate Commission shall promulgate rules | ||
providing for both mediation and binding dispute resolution as | ||
appropriate. | ||
SECTION 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT | ||
(a) Any state is eligible to become a member state of the | ||
Compact. | ||
(b) The Compact shall become effective and binding upon | ||
legislative enactment of the Compact into law by no less than seven | ||
(7) states. Thereafter, it shall become effective and binding on a | ||
state upon enactment of the Compact into law by that state. | ||
(c) The governors of non-member states, or their designees, | ||
shall be invited to participate in the activities of the Interstate | ||
Commission on a non-voting basis prior to adoption of the Compact by | ||
all states. | ||
(d) The Interstate Commission may propose amendments to the | ||
Compact for enactment by the member states. No amendment shall | ||
become effective and binding upon the Interstate Commission and the | ||
member states unless and until it is enacted into law by unanimous | ||
consent of the member states. | ||
SECTION 21. WITHDRAWAL | ||
(a) Once effective, the Compact shall continue in force and | ||
remain binding upon each and every member state; provided that a | ||
member state may withdraw from the Compact by specifically | ||
repealing the statute which enacted the Compact into law. | ||
(b) Withdrawal from the Compact shall be by the enactment of | ||
a statute repealing the same, but shall not take effect until one | ||
(1) year after the effective date of such statute and until written | ||
notice of the withdrawal has been given by the withdrawing state to | ||
the governor of each other member state. | ||
(c) The withdrawing state shall immediately notify the | ||
chairperson of the Interstate Commission in writing upon the | ||
introduction of legislation repealing the Compact in the | ||
withdrawing state. | ||
(d) The Interstate Commission shall notify the other member | ||
states of the withdrawing state's intent to withdraw within sixty | ||
(60) days of its receipt of notice provided under subsection (c). | ||
(e) The withdrawing state is responsible for all dues, | ||
obligations and liabilities incurred through the effective date of | ||
withdrawal, including obligations, the performance of which extend | ||
beyond the effective date of withdrawal. | ||
(f) Reinstatement following withdrawal of a member state | ||
shall occur upon the withdrawing state reenacting the Compact or | ||
upon such later date as determined by the Interstate Commission. | ||
(g) The Interstate Commission is authorized to develop | ||
rules to address the impact of the withdrawal of a member state on | ||
licenses granted in other member states to physicians who | ||
designated the withdrawing member state as the state of principal | ||
license. | ||
SECTION 22. DISSOLUTION | ||
(a) The Compact shall dissolve effective upon the date of | ||
the withdrawal or default of the member state which reduces the | ||
membership in the Compact to one (1) member state. | ||
(b) Upon the dissolution of the Compact, the Compact becomes | ||
null and void and shall be of no further force or effect, and the | ||
business and affairs of the Interstate Commission shall be | ||
concluded and surplus funds shall be distributed in accordance with | ||
the bylaws. | ||
SECTION 23. SEVERABILITY AND CONSTRUCTION | ||
(a) The provisions of the Compact shall be severable, and if | ||
any phrase, clause, sentence, or provision is deemed unenforceable, | ||
the remaining provisions of the Compact shall be enforceable. | ||
(b) The provisions of the Compact shall be liberally | ||
construed to effectuate its purposes. | ||
(c) Nothing in the Compact shall be construed to prohibit | ||
the applicability of other interstate compacts to which the states | ||
are members. | ||
SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS | ||
(a) Nothing herein prevents the enforcement of any other law | ||
of a member state that is not inconsistent with the Compact. | ||
(b) All laws in a member state in conflict with the Compact | ||
are superseded to the extent of the conflict. | ||
(c) All lawful actions of the Interstate Commission, | ||
including all rules and bylaws promulgated by the Commission, are | ||
binding upon the member states. | ||
(d) All agreements between the Interstate Commission and | ||
the member states are binding in accordance with their terms. | ||
(e) In the event any provision of the Compact exceeds the | ||
constitutional limits imposed on the legislature of any member | ||
state, such provision shall be ineffective to the extent of the | ||
conflict with the constitutional provision in question in that | ||
member state. | ||
Sec. 170.002. RULES. The board may adopt rules necessary to | ||
implement this chapter. | ||
Sec. 170.003. COLLECTION OF FINGERPRINTS FOR EXPEDITED | ||
LICENSE; DISSEMINATION OF INFORMATION. (a) The board may require | ||
an applicant for an expedited license under the Interstate Medical | ||
Licensure Compact to submit a set of fingerprints to the board for | ||
the purpose of performing a criminal history record information | ||
check to qualify the applicant for the expedited license. | ||
(b) The board may not disseminate information obtained from | ||
a criminal history record information check described by Subsection | ||
(a) except as authorized by law. | ||
SECTION 19. Subchapter B, Chapter 204, Occupations Code, is | ||
amended by adding Section 204.0585 to read as follows: | ||
Sec. 204.0585. EXECUTIVE SESSION. After hearing all | ||
evidence and arguments in an open meeting, the physician assistant | ||
board may conduct deliberations relating to a license application | ||
or disciplinary action in an executive session. The board shall | ||
vote and announce its decision in open session. | ||
SECTION 20. Section 204.059, Occupations Code, is amended | ||
by amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing physician assistant board | ||
operations; | ||
(2) the [ |
||
|
||
assistant board; | ||
(3) the scope of and limitations on the rulemaking | ||
authority of the physician assistant board; | ||
(4) [ |
||
of the physician assistant board; | ||
(5) [ |
||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of the | ||
physician assistant board in performing their duties; and | ||
(6) [ |
||
the physician assistant board or the Texas Ethics Commission. | ||
(d) The executive director of the medical board shall create | ||
a training manual that includes the information required by | ||
Subsection (b). The executive director shall distribute a copy of | ||
the training manual annually to each physician assistant board | ||
member. On receipt of the training manual, each board member shall | ||
sign and submit to the executive director a statement acknowledging | ||
receipt of the training manual. | ||
SECTION 21. Subchapter D, Chapter 204, Occupations Code, is | ||
amended by adding Section 204.1525 to read as follows: | ||
Sec. 204.1525. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR LICENSE ISSUANCE. (a) The physician assistant | ||
board shall require that an applicant for a license submit a | ||
complete and legible set of fingerprints, on a form prescribed by | ||
the board, to the board or to the Department of Public Safety for | ||
the purpose of obtaining criminal history record information from | ||
the Department of Public Safety and the Federal Bureau of | ||
Investigation. | ||
(b) The physician assistant board may not issue a license to | ||
a person who does not comply with the requirement of Subsection (a). | ||
(c) The physician assistant board shall conduct a criminal | ||
history record information check of each applicant for a license | ||
using information: | ||
(1) provided by the individual under this section; and | ||
(2) made available to the board by the Department of | ||
Public Safety, the Federal Bureau of Investigation, and any other | ||
criminal justice agency under Chapter 411, Government Code. | ||
(d) The physician assistant board may: | ||
(1) enter into an agreement with the Department of | ||
Public Safety to administer a criminal history record information | ||
check required under this section; and | ||
(2) authorize the Department of Public Safety to | ||
collect from each applicant the costs incurred by the Department of | ||
Public Safety in conducting the criminal history record information | ||
check. | ||
SECTION 22. Section 204.153(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) To be eligible for a license under this chapter, an | ||
applicant must: | ||
(1) successfully complete an educational program for | ||
physician assistants or surgeon assistants accredited by the | ||
Committee on Allied Health Education and Accreditation or by that | ||
committee's predecessor or successor entities; | ||
(2) pass the Physician Assistant National Certifying | ||
Examination administered by the National Commission on | ||
Certification of Physician Assistants; | ||
(3) hold a certificate issued by the National | ||
Commission on Certification of Physician Assistants; | ||
(4) [ |
||
[ |
||
physician assistant board rule; and | ||
(5) [ |
||
by the physician assistant board as provided by Subsection (a-1). | ||
SECTION 23. Section 204.156, Occupations Code, is amended | ||
by amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) A license issued under this chapter is valid for a term | ||
of one or two years, as determined by physician assistant board | ||
rule. | ||
(a-1) On notification from the physician assistant board, a | ||
person who holds a license under this chapter may renew the license | ||
by: | ||
(1) paying the required renewal fee; | ||
(2) submitting the appropriate form; and | ||
(3) meeting any other requirement established by board | ||
rule. | ||
SECTION 24. Subchapter D, Chapter 204, Occupations Code, is | ||
amended by adding Section 204.1561 to read as follows: | ||
Sec. 204.1561. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a license | ||
issued under this chapter shall submit a complete and legible set of | ||
fingerprints for purposes of performing a criminal history record | ||
information check of the applicant as provided by Section 204.1525. | ||
(b) The physician assistant board may administratively | ||
suspend or refuse to renew the license of a person who does not | ||
comply with the requirement of Subsection (a). | ||
(c) A license holder is not required to submit fingerprints | ||
under this section for the renewal of the license if the holder has | ||
previously submitted fingerprints under: | ||
(1) Section 204.1525 for the initial issuance of the | ||
license; or | ||
(2) this section as part of a prior renewal of a | ||
license. | ||
SECTION 25. Subchapter D, Chapter 204, Occupations Code, is | ||
amended by adding Section 204.158 to read as follows: | ||
Sec. 204.158. REFUSAL FOR VIOLATION OF BOARD ORDER. The | ||
physician assistant board may refuse to renew a license issued | ||
under this chapter if the license holder is in violation of a | ||
physician assistant board order. | ||
SECTION 26. Subchapter E, Chapter 204, Occupations Code, is | ||
amended by adding Section 204.210 to read as follows: | ||
Sec. 204.210. DUTIES RELATED TO CERTAIN PRESCRIPTIONS. (a) | ||
A physician assistant authorized to prescribe a drug may not | ||
prescribe a drug listed in Subsection (b) to a patient unless the | ||
physician assistant has reviewed the patient's prescription | ||
history by accessing the prescription information submitted to the | ||
Texas State Board of Pharmacy as authorized by Section | ||
481.076(a)(5), Health and Safety Code. | ||
(b) Subsection (a) applies only to the prescribing of: | ||
(1) opioids; | ||
(2) benzodiazepines; | ||
(3) barbiturates; or | ||
(4) carisoprodol. | ||
(c) A physician assistant is not subject to the requirements | ||
of Subsection (a) if: | ||
(1) the patient has been diagnosed with cancer or the | ||
patient is receiving hospice care; and | ||
(2) the physician assistant clearly notes in the | ||
prescription record that the patient was diagnosed with cancer or | ||
is receiving hospice care, as applicable. | ||
(d) Failure by a physician assistant to comply with the | ||
requirements of this section is grounds for disciplinary action | ||
under Section 204.301. | ||
SECTION 27. Subchapter G, Chapter 204, Occupations Code, is | ||
amended by adding Section 204.305 to read as follows: | ||
Sec. 204.305. MONITORING HARMFUL PRESCRIBING PATTERNS. (a) | ||
The physician assistant board shall periodically check the | ||
prescribing information submitted to the Texas State Board of | ||
Pharmacy as authorized by Section 481.076(a)(1), Health and Safety | ||
Code, to determine whether a physician assistant licensed under | ||
this chapter is engaging in potentially harmful prescribing | ||
patterns or practices. | ||
(b) The physician assistant board, in coordination with the | ||
Texas State Board of Pharmacy, shall determine the conduct that | ||
constitutes a potentially harmful prescribing pattern or practice | ||
for purposes of Subsection (a). In determining the conduct that | ||
constitutes a potentially harmful prescribing pattern or practice, | ||
the physician assistant board shall consider: | ||
(1) the number of times a physician assistant | ||
prescribes a drug listed in Section 204.210(b); and | ||
(2) for prescriptions described by Subdivision (1), | ||
patterns of prescribing combinations of those drugs and other | ||
dangerous combinations of drugs identified by the physician | ||
assistant board. | ||
(c) If the physician assistant board suspects that a | ||
physician assistant may be engaging in potentially harmful | ||
prescribing patterns or practices, the physician assistant board | ||
may notify the physician assistant of the potentially harmful | ||
prescribing pattern or practice. | ||
(d) The physician assistant board may initiate a complaint | ||
against a physician assistant based on information obtained under | ||
this section. | ||
SECTION 28. Section 204.313(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) In an informal meeting under Section 204.312, at least | ||
two panelists shall be appointed to determine whether an informal | ||
disposition is appropriate. At least one of the panelists must be a | ||
licensed physician assistant. | ||
SECTION 29. 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 | ||
[ |
||
(2) the programs, [ |
||
[ |
||
acupuncture board; | ||
(3) [ |
||
rulemaking authority [ |
||
(4) [ |
||
[ |
||
the acupuncture board; | ||
(5) [ |
||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of the | ||
acupuncture board in performing their duties; and | ||
(6) [ |
||
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. On receipt of the | ||
training manual, each board member shall sign and submit to the | ||
executive director a statement acknowledging receipt of the | ||
training manual. | ||
SECTION 30. 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 31. The heading to Section 205.251, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 205.251. [ |
||
SECTION 32. Section 205.251(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The medical board by rule shall provide for the annual | ||
or biennial renewal of a license to practice acupuncture. | ||
SECTION 33. 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 34. Subchapter F, Chapter 205, Occupations Code, is | ||
amended by adding Section 205.256 to read as follows: | ||
Sec. 205.256. REFUSAL FOR VIOLATION OF BOARD ORDER. The | ||
acupuncture board may refuse to renew a license issued under this | ||
chapter if the license holder is in violation of an acupuncture | ||
board order. | ||
SECTION 35. 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 36. 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 37. 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 38. Subchapter E, Chapter 206, Occupations Code, is | ||
amended by adding Section 206.215 to read as follows: | ||
Sec. 206.215. REFUSAL FOR VIOLATION OF BOARD ORDER. The | ||
medical board may refuse to renew a license issued under this | ||
chapter if the license holder is in violation of a medical board | ||
order. | ||
SECTION 39. 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 40. 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) [ |
||
of the advisory board; | ||
(5) [ |
||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of the | ||
advisory board in performing their duties; and | ||
(6) [ |
||
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. On | ||
receipt of the training manual, each board member shall sign and | ||
submit to the executive director a statement acknowledging receipt | ||
of the training manual. | ||
SECTION 41. 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 42. 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 43. Subchapter C, Chapter 601, Occupations Code, is | ||
amended by adding Section 601.113 to read as follows: | ||
Sec. 601.113. REFUSAL FOR VIOLATION OF BOARD ORDER. The | ||
advisory board may refuse to renew a certificate issued under this | ||
chapter if the certificate holder is in violation of an advisory | ||
board order. | ||
SECTION 44. Section 601.155, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 601.155. STUDENTS. A person is not required to hold a | ||
certificate issued under this chapter [ |
||
|
||
person: | ||
(1) is a student enrolled in a training program that | ||
meets the minimum standards adopted under Section 601.201; and | ||
(2) is performing a radiologic procedure in an | ||
academic or clinical setting as part of the training program. | ||
SECTION 45. Section 601.156, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 601.156. PROCEDURE PERFORMED AS PART OF CONTINUING | ||
EDUCATION PROGRAM. A person is not required to hold a certificate | ||
issued under this chapter [ |
||
|
||
(1) licensed or otherwise registered as a medical | ||
radiologic technologist by another state, the American Registry of | ||
Radiologic Technologists, the American Registry of Clinical | ||
Radiography Technologists, or a professional organization or | ||
association recognized by the advisory board; | ||
(2) enrolled in a continuing education program that | ||
meets the requirements adopted under Section 601.108; and | ||
(3) performing a radiologic procedure as part of the | ||
continuing education program for not more than 10 days. | ||
SECTION 46. Section 601.203(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The following conditions are considered to be a hardship | ||
for the purposes of Subsection (a): | ||
(1) that the applicant: | ||
(A) reports an inability to attract and retain | ||
medical radiologic technologists; and | ||
(B) is located in a county with a population of | ||
less than 50,000; | ||
(2) that the applicant is located at a great distance | ||
from a school of medical radiologic technology; | ||
(3) that there is a list of qualified persons who have | ||
applied to a school of medical radiologic technology whose | ||
admissions are pending because of a lack of faculty or space; | ||
(4) that the school of medical radiologic technology | ||
produces an insufficient number of graduates in medical radiologic | ||
technology to meet the needs of the applicant; or | ||
(5) any other criteria determined by advisory board | ||
rule. | ||
SECTION 47. Sections 601.252(c) and (d), Occupations Code, | ||
are amended to read as follows: | ||
(c) Rules adopted under this section by the State Board of | ||
Dental Examiners must: | ||
(1) require an authorized person who performs | ||
radiologic procedures under the delegation of a dentist, other than | ||
a registered nurse, to register with the dental board [ |
||
|
||
|
||
(2) establish reasonable and necessary fees to cover | ||
the administrative costs incurred by the dental board [ |
||
administering a registration program created under this | ||
subsection; | ||
(3) establish grounds for the suspension, revocation, | ||
or nonrenewal of a registration issued under this subsection; and | ||
(4) establish standards, in addition to those required | ||
by this chapter, for training and supervising the operators of the | ||
equipment. | ||
(d) In adopting rules under Subsection (c), the State Board | ||
of Dental Examiners [ |
||
radiologic procedure will be performed by a registered nurse. | ||
SECTION 48. Subchapter E, Chapter 602, Occupations Code, is | ||
amended by adding Section 602.214 to read as follows: | ||
Sec. 602.214. REFUSAL FOR VIOLATION OF BOARD ORDER. The | ||
medical board may refuse to renew a license issued under this | ||
chapter if the license holder is in violation of a medical board | ||
order. | ||
SECTION 49. Section 603.252(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) An applicant for a perfusionist license must submit an | ||
[ |
||
SECTION 50. Subchapter G, Chapter 603, Occupations Code, is | ||
amended by adding Section 603.306 to read as follows: | ||
Sec. 603.306. REFUSAL FOR VIOLATION OF BOARD ORDER. The | ||
medical board may refuse to renew a license issued under this | ||
chapter if the license holder is in violation of a medical board | ||
order. | ||
SECTION 51. 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) [ |
||
of the advisory board; | ||
(5) [ |
||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of the | ||
advisory board in performing their duties; and | ||
(6) [ |
||
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. On | ||
receipt of the training manual, each board member shall sign and | ||
submit to the executive director a statement acknowledging receipt | ||
of the training manual. | ||
SECTION 52. Subchapter D, Chapter 604, Occupations Code, is | ||
amended by adding Section 604.158 to read as follows: | ||
Sec. 604.158. REFUSAL FOR VIOLATION OF BOARD ORDER. The | ||
advisory board may refuse to renew a certificate or temporary | ||
permit issued under this chapter if the certificate or permit | ||
holder is in violation of an advisory board order. | ||
SECTION 53. (a) Except as provided by Subsection (b) of this | ||
section, Sections 152.010, 204.059, 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, 204.059, 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 the subjects | ||
added by this Act to the training program required by Section | ||
152.010, 204.059, 205.057, 601.030, or 604.030, Occupations Code, | ||
as applicable. 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, 2017, | ||
until the member completes the additional training. | ||
SECTION 54. Sections 162.301 and 204.210, Occupations Code, | ||
as added by this Act, apply only to a prescription issued on or | ||
after September 1, 2018. A prescription issued before September 1, | ||
2018, is governed by the law in effect immediately before the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 55. Not later than March 1, 2018, the Texas Medical | ||
Board shall adopt rules necessary to implement Section 164.003(b), | ||
Occupations Code, as amended by this Act. | ||
SECTION 56. Not later than January 1, 2018, 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 57. Not later than September 1, 2019, the Texas | ||
Physician Assistant Board, 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 204, 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 58. Not later than January 1, 2018, the Texas | ||
Medical Board shall approve the rules required by Section 601.1021, | ||
Occupations Code, as added by this Act. | ||
SECTION 59. This Act takes effect September 1, 2017. |