Bill Text: TX SB1625 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the Texas Physician Assistant Board and the licensing and regulation of physician assistants.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [SB1625 Detail]
Download: Texas-2017-SB1625-Enrolled.html
S.B. No. 1625 |
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relating to the Texas Physician Assistant Board and the licensing | ||
and regulation of physician assistants. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 157.0512, Occupations Code, is amended | ||
by amending Subsections (e) and (f) and adding Subsection (f-1) to | ||
read as follows: | ||
(e) A prescriptive authority agreement must, at a minimum: | ||
(1) be in writing and signed and dated by the parties | ||
to the agreement; | ||
(2) state the name, address, and all professional | ||
license numbers of the parties to the agreement; | ||
(3) state the nature of the practice, practice | ||
locations, or practice settings; | ||
(4) identify the types or categories of drugs or | ||
devices that may be prescribed or the types or categories of drugs | ||
or devices that may not be prescribed; | ||
(5) provide a general plan for addressing consultation | ||
and referral; | ||
(6) provide a plan for addressing patient emergencies; | ||
(7) state the general process for communication and | ||
the sharing of information between the physician and the advanced | ||
practice registered nurse or physician assistant to whom the | ||
physician has delegated prescriptive authority related to the care | ||
and treatment of patients; | ||
(8) if alternate physician supervision is to be | ||
utilized, designate one or more alternate physicians who may: | ||
(A) provide appropriate supervision on a | ||
temporary basis in accordance with the requirements established by | ||
the prescriptive authority agreement and the requirements of this | ||
subchapter; and | ||
(B) participate in the prescriptive authority | ||
quality assurance and improvement plan meetings required under this | ||
section; and | ||
(9) describe a prescriptive authority quality | ||
assurance and improvement plan and specify methods for documenting | ||
the implementation of the plan that include [ |
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following: | ||
(A) chart review, with the number of charts to be | ||
reviewed determined by the physician and advanced practice | ||
registered nurse or physician assistant; [ |
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(B) if the agreement is between a physician and | ||
an advanced practice registered nurse, periodic face-to-face | ||
meetings between the advanced practice registered nurse [ |
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the physician and the advanced practice registered nurse; and | ||
(C) if the agreement is between a physician and a | ||
physician assistant, periodic meetings between the physician | ||
assistant and the physician [ |
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(f) The periodic face-to-face meetings described by | ||
Subsection (e)(9)(B) must: | ||
(1) include: | ||
(A) the sharing of information relating to | ||
patient treatment and care, needed changes in patient care plans, | ||
and issues relating to referrals; and | ||
(B) discussion of patient care improvement; and | ||
(2) be documented and occur: | ||
(A) except as provided by Paragraph (B): | ||
(i) at least monthly until the third | ||
anniversary of the date the agreement is executed; and | ||
(ii) at least quarterly after the third | ||
anniversary of the date the agreement is executed, with monthly | ||
meetings held between the quarterly meetings by means of a remote | ||
electronic communications system, including videoconferencing | ||
technology or the Internet; or | ||
(B) if during the seven years preceding the date | ||
the agreement is executed the advanced practice registered nurse | ||
[ |
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that included the exercise of prescriptive authority with required | ||
physician supervision: | ||
(i) at least monthly until the first | ||
anniversary of the date the agreement is executed; and | ||
(ii) at least quarterly after the first | ||
anniversary of the date the agreement is executed, with monthly | ||
meetings held between the quarterly meetings by means of a remote | ||
electronic communications system, including videoconferencing | ||
technology or the Internet. | ||
(f-1) The periodic meetings described by Subsection | ||
(e)(9)(C) must: | ||
(1) include: | ||
(A) the sharing of information relating to | ||
patient treatment and care, needed changes in patient care plans, | ||
and issues relating to referrals; and | ||
(B) discussion of patient care improvement; | ||
(2) be documented; and | ||
(3) take place at least once a month in a manner | ||
determined by the physician and the physician assistant. | ||
SECTION 2. 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 3. 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 [ |
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assistant board; | ||
(3) the scope of and limitations on the rulemaking | ||
authority of the physician assistant board; | ||
(4) [ |
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of the physician assistant 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 | ||
physician assistant board in performing their duties; and | ||
(6) [ |
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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 4. 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 5. 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) [ |
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[ |
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physician assistant board rule; and | ||
(5) [ |
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by the physician assistant board as provided by Subsection (a-1). | ||
SECTION 6. 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 two or more 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 7. 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 8. 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 9. Subchapter E, Chapter 204, Occupations Code, is | ||
amended by adding Section 204.210 to read as follows: | ||
Sec. 204.210. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN | ||
CONDUCT. (a) A person may not suspend, terminate, or otherwise | ||
discipline, discriminate against, or retaliate against: | ||
(1) a physician assistant who refuses to engage in an | ||
act or omission as provided by Subsection (b); or | ||
(2) a person who advises a physician assistant of the | ||
physician assistant's rights under this section. | ||
(b) A physician assistant may refuse to engage in an act or | ||
omission relating to patient care that would constitute grounds for | ||
reporting the physician assistant to the physician assistant board | ||
under Section 204.208 or that violates this chapter or a rule | ||
adopted under this chapter if the physician assistant notifies the | ||
person at the time of the refusal that the reason for refusing is | ||
that the act or omission: | ||
(1) constitutes grounds for reporting the physician | ||
assistant to the physician assistant board; or | ||
(2) is a violation of this chapter or a rule adopted | ||
under this chapter. | ||
(c) An act by a person under Subsection (a) does not | ||
constitute a violation of this section if a medical peer review | ||
committee determines: | ||
(1) that the act or omission the physician assistant | ||
refused to engage in was not: | ||
(A) conduct reportable to the physician | ||
assistant board under Section 204.208; or | ||
(B) a violation of this chapter or a rule adopted | ||
under this chapter; or | ||
(2) that: | ||
(A) the act or omission in which the physician | ||
assistant refused to engage was conduct reportable to the physician | ||
assistant board or a violation of this chapter or a rule adopted | ||
under this chapter; and | ||
(B) the person: | ||
(i) rescinds any disciplinary or | ||
discriminatory action taken against the physician assistant; | ||
(ii) compensates the physician assistant | ||
for any lost wages; and | ||
(iii) restores to the physician assistant | ||
any lost benefits. | ||
(d) A physician assistant's rights under this section may | ||
not be nullified by a contract. | ||
(e) An appropriate licensing agency may take action against | ||
a person who violates this section. | ||
SECTION 10. 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 11. Section 157.0512, Occupations Code, as amended | ||
by this Act, applies only to a prescriptive authority agreement | ||
entered into on or after the effective date of this Act. An | ||
agreement entered into before the effective date of this Act is | ||
governed by the law in effect on the date the agreement was entered | ||
into, and the former law is continued in effect for that purpose. | ||
SECTION 12. (a) Except as provided by Subsection (b) of | ||
this section, Section 204.059, Occupations Code, as amended by this | ||
Act, applies to a member of the Texas Physician Assistant Board | ||
appointed before, on, or after the effective date of this Act. | ||
(b) A member of the Texas Physician Assistant Board who, | ||
before the effective date of this Act, completed the training | ||
program required by Section 204.059, Occupations Code, as that 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 204.059, Occupations Code. | ||
A board member described by this subsection may not vote, | ||
deliberate, or be counted as a member in attendance at a meeting of | ||
the board held on or after December 1, 2017, until the member | ||
completes the additional training. | ||
SECTION 13. Not later than September 1, 2019, the Texas | ||
Physician Assistant 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, Occupations Code, and did | ||
not undergo a criminal history record information check based on | ||
the license holder's fingerprints on the initial application for | ||
the license. The Texas Physician Assistant 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 14. Section 204.210, Occupations Code, as added by | ||
this Act, applies only to an act or omission that occurs on or after | ||
the effective date of this Act. An act or omission that occurs | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the act or omission occurred, and the former law | ||
is continued in effect for that purpose. | ||
SECTION 15. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1625 passed the Senate on | ||
May 10, 2017, by the following vote: Yeas 30, Nays 0; | ||
May 25, 2017, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 26, 2017, House | ||
granted request of the Senate; May 28, 2017, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1625 passed the House, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 145, | ||
Nays 0, two present not voting; May 26, 2017, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 28, 2017, House adopted Conference Committee Report by the | ||
following vote: Yeas 117, Nays 29, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |