By Berlanga                                           H.B. No. 2498
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of physician assistants; providing a
    1-3  criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  SHORT TITLE; LEGISLATIVE FINDINGS AND PURPOSE.
    1-6  (a)  This Act may be cited as the "Physician Assistants Licensing
    1-7  Act."
    1-8        (b)  The legislature finds that the health, safety, and
    1-9  welfare of the people of this state are best advanced by the
   1-10  establishment of an orderly system for licensing physician
   1-11  assistants.  The creation of a licensing mechanism and
   1-12  establishment of an entity dedicated to regulating physician
   1-13  assistants provides a means to assure the competency of physician
   1-14  assistants without a financial burden to the people of this state.
   1-15        SECTION 2.  DEFINITIONS.  In this Act:
   1-16              (1)  "Board" means the Texas State Board of Medical
   1-17  Examiners.
   1-18              (2)  "Council" means the Physician Assistant Advisory
   1-19  Council.
   1-20              (3)  "Physician assistant" means a person who has
   1-21  graduated from a physician assistant or surgeon assistant program
   1-22  accredited by the American Medical Association's Committee on
   1-23  Allied Health Education and Accreditation or who has passed the
   1-24  certifying examination administered by the National Commission on
    2-1  Certification of Physician Assistants.
    2-2              (4)  "Supervising physician" means a medical doctor or
    2-3  doctor of osteopathy licensed by the board who supervises a
    2-4  physician assistant.
    2-5              (5)  "Supervision" means overseeing the activities of,
    2-6  and accepting responsibility for, the medical services rendered by
    2-7  a physician assistant.  Supervision does not require the constant
    2-8  physical presence of a person providing supervision but includes a
    2-9  situation where a person providing supervision and the person being
   2-10  supervised are or can easily be in contact with one another by
   2-11  radio, telephone, or another telecommunication device.
   2-12        SECTION 3.  LICENSE REQUIRED.   A person may not practice as
   2-13  a physician assistant unless the person is licensed under this Act.
   2-14        SECTION 4.  PHYSICIAN ASSISTANT ADVISORY COUNCIL.  (a)  The
   2-15  Physician Assistant Advisory Council is created as an advisory
   2-16  board to the Texas State Board of Medical Examiners.
   2-17        (b)  The council consists of nine members appointed by the
   2-18  governor as follows:
   2-19              (1)  three members who are physician assistants who
   2-20  have at least five years of clinical experience as practicing
   2-21  physician assistants;
   2-22              (2)  three members who are physicians licensed in this
   2-23  state who currently supervise physician assistants; and
   2-24              (3)  three members who are members of the general
   2-25  public who are not licensed either as physicians or physician
   2-26  assistants.
   2-27        (c)  A person is not eligible for appointment as a public
    3-1  member of the council if the person or the person's spouse:
    3-2              (1)  is licensed by an occupational regulatory agency
    3-3  in the field of health care; or
    3-4              (2)  is employed by or participates in the management
    3-5  of a business entity or other organization that provides health
    3-6  care services or that sells, manufactures, or distributes health
    3-7  care supplies or equipment.
    3-8        (d)  Each member of the council is entitled to a per diem as
    3-9  set by legislative appropriation for each day that the member
   3-10  engages in the business of the council.  A member may not receive
   3-11  compensation for travel expenses, including expenses for meals and
   3-12  lodging, other than transportation expenses.  A member is entitled
   3-13  to compensation for transportation expenses as provided by the
   3-14  General Appropriations Act.
   3-15        (e)  It is a ground for removal from the council if a member:
   3-16              (1)  does not have at the time of appointment the
   3-17  qualifications required by this section for appointment to the
   3-18  council;
   3-19              (2)  does not maintain during the service on the
   3-20  council the qualifications required by this section for appointment
   3-21  to the council; or
   3-22              (3)  fails to attend at least one-half of the regularly
   3-23  scheduled council meetings held in a calendar year, excluding
   3-24  meetings held while the person was not a committee member.
   3-25        (f)  A person who is required to register as a lobbyist under
   3-26  Chapter 305, Government Code, and its subsequent amendments may not
   3-27  serve as a member of the council.
    4-1        (g)  The validity of an action of the council is not affected
    4-2  by the fact that it is taken when a ground for removal of a member
    4-3  of the council exists.
    4-4        (h)  The council is subject to the open meetings law, Chapter
    4-5  271, Acts of the 60th Legislature, Regular Session, 1967 (Article
    4-6  6252-17, Vernon's Texas Civil Statutes), and its subsequent
    4-7  amendments, and the Administrative Procedure and Texas Register Act
    4-8  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
    4-9  subsequent amendments.
   4-10        (i)  Members of the council hold office for staggered terms
   4-11  of six years expiring February 1 of each odd-numbered year.  A
   4-12  member is ineligible to serve more than two consecutive full terms
   4-13  and may not serve more than a total of three full terms.
   4-14        (j)  In the case of a vacancy on the council, the governor
   4-15  shall appoint a new member to complete an unexpired term.
   4-16        (k)  The council is subject to Chapter 325, Government Code
   4-17  (Texas Sunset Act), and its subsequent amendments.  Unless
   4-18  continued in existence as provided by that chapter, the council is
   4-19  abolished and this Act expires September 1, 2005.
   4-20        (l)  The council shall select from its membership a presiding
   4-21  officer and a secretary to serve for one-year terms.
   4-22        (m)  Five members of the council constitute a quorum for the
   4-23  transaction of the business of the council.
   4-24        SECTION 5.  POWERS AND DUTIES OF THE COUNCIL.  The council
   4-25  shall:
   4-26              (1)  adopt rules as provided by Section 22 of this Act;
   4-27              (2)  review and approve or reject applications for a
    5-1  license;
    5-2              (3)  review and approve or reject applications for
    5-3  renewal of a license;
    5-4              (4)  issue all licenses;
    5-5              (5)  deny, suspend, or revoke a license or otherwise
    5-6  discipline a license holder;
    5-7              (6)  prescribe and collect fees authorized under this
    5-8  Act; and
    5-9              (7)  take any action necessary to carry out the
   5-10  functions and duties of the council under this Act.
   5-11        SECTION 6.  FEES.  (a)  The council shall establish fees that
   5-12  are reasonable and necessary to defray the cost of administering
   5-13  this Act.
   5-14        (b)  The council may not maintain unnecessary fund balances,
   5-15  and fee amounts shall be set in accordance with this requirement.
   5-16        SECTION 7.  LICENSE QUALIFICATIONS.  The council shall issue
   5-17  a license under this Act to an applicant who:
   5-18              (1)  submits an application on a form prescribed by the
   5-19  council;
   5-20              (2)  pays the application fee as prescribed by the
   5-21  council;
   5-22              (3)  has successfully completed an educational program
   5-23  for physician assistants or surgeon assistants accredited by the
   5-24  Committee on Allied Health Education and Accreditation or has
   5-25  passed the Physician Assistant National Certifying Examination
   5-26  administered by the National Commission on Certification of
   5-27  Physician Assistants;
    6-1              (4)  certifies that the applicant is mentally and
    6-2  physically able to function safely as a physician assistant;
    6-3              (5)  does not have a license, certification, or
    6-4  registration as a physician assistant in this state or from any
    6-5  other licensing authority that is currently revoked or suspended or
    6-6  the applicant is not subject to probation or other disciplinary
    6-7  action for cause resulting from the applicant's acts as a physician
    6-8  assistant, unless the council takes that fact into consideration in
    6-9  determining whether to issue the license;
   6-10              (6)  is of good moral character; and
   6-11              (7)  submits to the council any other information the
   6-12  council considers necessary to evaluate the applicant's
   6-13  qualifications.
   6-14        SECTION 8.  TEMPORARY LICENSE.  (a)  The council may issue a
   6-15  temporary license to an applicant who:
   6-16              (1)  meets all the qualifications for a license under
   6-17  this Act but is waiting for the next scheduled meeting of the
   6-18  council for the license to be issued; or
   6-19              (2)  seeks to temporarily substitute for a licensed
   6-20  physician assistant during the licensee's absence, if the
   6-21  applicant:
   6-22                    (A)  is licensed or registered in good standing
   6-23  in another state, territory, or the District of Columbia;
   6-24                    (B)  submits an application on a form prescribed
   6-25  by the council; and
   6-26                    (C)  pays the appropriate fee prescribed by the
   6-27  council.
    7-1        (b)  A temporary license is valid for 45 days from the date
    7-2  issued and may be extended only for another 45 days after the date
    7-3  the initial temporary license expires.
    7-4        SECTION 9.  INACTIVE LICENSE.  (a)  A license holder may have
    7-5  the license holder's license placed on inactive status by applying
    7-6  to the council.  A physician assistant with an inactive license is
    7-7  excused from paying renewal fees on the license and may not
    7-8  practice as a physician assistant.
    7-9        (b)  A license holder who practices as a physician assistant
   7-10  while on inactive status is considered to be practicing without a
   7-11  license.
   7-12        (c)  A physician assistant may return to active status by
   7-13  applying to the council, paying the license renewal fee, and
   7-14  complying with the requirements for license renewal under Section
   7-15  10 of this Act.
   7-16        SECTION 10.  RENEWAL.  A person who holds a license under
   7-17  this Act may, on notification from the council, renew the license
   7-18  by:
   7-19              (1)  paying the renewal fee prescribed by the council;
   7-20              (2)  submitting the appropriate form; and
   7-21              (3)  meeting any other requirement established by rules
   7-22  adopted by the council.
   7-23        SECTION 11.  EXEMPTION.  This Act does not require a license
   7-24  for:
   7-25              (1)  a physician assistant student enrolled in a
   7-26  physician assistant or surgeon assistant educational program
   7-27  accredited by the Committee on Allied Health Education and
    8-1  Accreditation of the American Medical Association;
    8-2              (2)  a physician assistant employed in the service of
    8-3  the federal government while performing duties related to that
    8-4  employment; or
    8-5              (3)  a technician, assistant, or employee of a
    8-6  physician who performs delegated tasks in the office of a physician
    8-7  or elsewhere but who does not act as a physician assistant or
    8-8  represent that the person is a physician assistant.
    8-9        SECTION 12.  SCOPE OF PRACTICE.  (a)  The practice of a
   8-10  physician assistant includes medical services within the education,
   8-11  training, and experience of the physician assistant that are
   8-12  delegated by the supervising physician.
   8-13        (b)  Medical services provided by a physician assistant may
   8-14  include:
   8-15              (1)  obtaining patient histories and performing
   8-16  physical examinations;
   8-17              (2)  ordering or performing diagnostic and therapeutic
   8-18  procedures;
   8-19              (3)  formulating a working diagnosis;
   8-20              (4)  developing and implementing a treatment plan;
   8-21              (5)  monitoring the effectiveness of therapeutic
   8-22  interventions;
   8-23              (6)  assisting at surgery;
   8-24              (7)  offering counseling and education to patients;
   8-25              (8)  requesting, receiving, and signing for
   8-26  professional samples and distributing the samples to patients at a
   8-27  site serving medically underserved populations, as provided by
    9-1  Section 3.06(d)(5), Medical Practice Act (Article 4495b, Vernon's
    9-2  Texas Civil Statutes), and its subsequent amendments, or as
    9-3  otherwise authorized by board rule; and
    9-4              (9)  making appropriate referrals.
    9-5        (c)  The activities listed in Subsection (b) of this section
    9-6  may be performed in any place authorized by a supervising
    9-7  physician, including a clinic, hospital, ambulatory surgical
    9-8  center, patient home, nursing home, or other institutional setting.
    9-9        SECTION 13.  SUPERVISION REQUIREMENTS.  (a)  Supervision by a
   9-10  supervising physician must be continuous but does not  require the
   9-11  physical presence of the supervising physician at the place where
   9-12  physician assistant services are performed while the services are
   9-13  performed.
   9-14        (b)  Each team of a physician and physician assistant must
   9-15  ensure that:
   9-16              (1)  the physician assistant's scope of function is
   9-17  identified;
   9-18              (2)  delegation of medical tasks is appropriate to the
   9-19  physician assistant's level of competence;
   9-20              (3)  the relationship between the members of the team
   9-21  and the access of the physician assistant to the supervising
   9-22  physician is defined; and
   9-23              (4)  a process for evaluating the physician assistant's
   9-24  performance is established.
   9-25        (c)  A physician assistant may have more than one supervising
   9-26  physician.
   9-27        SECTION 14.  SUPERVISING PHYSICIAN.  A supervising physician
   10-1  must:
   10-2              (1)  be licensed as a physician in this state;
   10-3              (2)  notify the council of the physician's intent to
   10-4  supervise a physician assistant; and
   10-5              (3)  submit a statement to the council that the
   10-6  physician will:
   10-7                    (A)  supervise the physician assistant according
   10-8  to rules adopted by the council; and
   10-9                    (B)  retain professional and legal responsibility
  10-10  for the care rendered by the physician assistant.
  10-11        SECTION 15.  NOTIFICATION OF INTENT TO PRACTICE.  (a)  A
  10-12  physician assistant licensed under this Act must, before beginning
  10-13  practice, submit on a form prescribed by the council, notification
  10-14  of the license holder's intent to begin practice.  Notification
  10-15  under this section must include:
  10-16              (1)  the name, business address, license number, and
  10-17  telephone number of the physician assistant's supervising
  10-18  physician; and
  10-19              (2)  the name, business address, license number, and
  10-20  telephone number of the  physician assistant.
  10-21        (b)  A physician assistant must notify the council of any
  10-22  changes in, or additions to, the person acting as a supervising
  10-23  physician for the physician assistant not later than the 30th day
  10-24  after the date the change or addition is made.
  10-25        SECTION 16.  EXCLUSION OF LIMITATION ON EMPLOYMENT.  This Act
  10-26  does not limit the employment arrangement of a physician assistant
  10-27  licensed under this Act.
   11-1        SECTION 17.  ASSUMPTION OF PROFESSIONAL LIABILITY.  (a)  A
   11-2  physician assistant employed by a physician or a group of
   11-3  physicians must be supervised by and be the legal responsibility of
   11-4  each employing physician.  The legal responsibility for the
   11-5  physician assistant's patient care activities remains the
   11-6  responsibility of the employing physician, including when the
   11-7  physician assistant provides care and treatment for a patient in a
   11-8  health care facility.
   11-9        (b)  A health care facility or other entity that employs a
  11-10  physician assistant has the legal responsibility for the physician
  11-11  assistant's acts or omissions.  A physician assistant employed by a
  11-12  health care facility or other entity shall be supervised by a
  11-13  licensed physician.
  11-14        SECTION 18.  DISCIPLINARY PROCEEDINGS.  The council may
  11-15  refuse to issue a license, publicly or privately reprimand a
  11-16  license holder, or suspend, revoke, or place other restrictions on
  11-17  a license of a person who:
  11-18              (1)  fraudulently or deceptively obtains or attempts to
  11-19  obtain a license;
  11-20              (2)  fraudulently or deceptively uses a license;
  11-21              (3)  violates any provision of this Act or any rule
  11-22  adopted under this Act;
  11-23              (4)  is convicted of a felony;
  11-24              (5)  is a habitual user of intoxicants or
  11-25  nontherapeutic drugs to the extent that the person cannot safely
  11-26  perform as a physician assistant;
  11-27              (6)  has been adjudicated as mentally incompetent or
   12-1  has a mental condition that renders the person unable to safely
   12-2  perform as a physician assistant;
   12-3              (7)  has committed an act of moral turpitude; or
   12-4              (8)  represents that the person is a physician.
   12-5        SECTION 19.  ADDITIONAL DISCIPLINARY AUTHORITY.  In addition
   12-6  to the  authority under Section 18 of this Act, the council may, on
   12-7  finding that a physician assistant has committed an offense
   12-8  described in Section 18 of this Act:
   12-9              (1)  require a physician assistant to submit to the
  12-10  care, counseling, or treatment of a physician designated by the
  12-11  council;
  12-12              (2)  stay enforcement of an order and place the
  12-13  physician assistant on probation with the council retaining the
  12-14  right to vacate the probationary stay and enforce the original
  12-15  order for noncompliance with the terms of probation;
  12-16              (3)  restore or reissue a license or remove any
  12-17  disciplinary or corrective measure that the council may have
  12-18  imposed;
  12-19              (4)  order the physician assistant to perform public
  12-20  service; or
  12-21              (5)  require the physician assistant to complete
  12-22  additional training.
  12-23        SECTION 20.  OFFENSE.  (a)  A person commits an offense if,
  12-24  without holding a license under this Act, the person:
  12-25              (1)  holds the person out as a physician assistant;
  12-26              (2)  uses any combination or abbreviation of the term
  12-27  "physician assistant" to indicate or imply that the person is a
   13-1  physician assistant; or
   13-2              (3)  acts as a physician assistant without being
   13-3  licensed by the council.
   13-4        (b)  An offense under this section is a felony of the third
   13-5  degree.
   13-6        SECTION 21.  IDENTIFICATION REQUIREMENTS.  A physician
   13-7  assistant licensed under this Act shall:
   13-8              (1)  keep the physician assistant's license available
   13-9  for inspection at the physician assistant's primary place of
  13-10  business; and
  13-11              (2)  when engaged in the physician assistant's
  13-12  professional activities, wear a name tag identifying the physician
  13-13  assistant as a physician assistant.
  13-14        SECTION 22.  RULE-MAKING AUTHORITY.  (a)  The council shall
  13-15  adopt rules that are reasonable and necessary for the performance
  13-16  of the  council's duties under this Act, as provided by the
  13-17  Administrative Procedure and Texas Register Act (Article 6252-13a,
  13-18  Vernon's Texas Civil Statutes), and its subsequent amendments,
  13-19  including rules:
  13-20              (1)  setting licensing and other fees;
  13-21              (2)  establishing renewal dates for licenses; and
  13-22              (3)  establishing rules and procedures for disciplinary
  13-23  actions.
  13-24        (b)  Rules adopted by the council must be:
  13-25              (1)  approved or rejected by a majority vote of the
  13-26  board; and
  13-27              (2)  if rejected, returned to the council for revision.
   14-1        SECTION 23.  RURAL PHYSICIAN ASSISTANT LOAN REIMBURSEMENT
   14-2  PROGRAM.  (a)  A portion of the revenue generated under this Act
   14-3  from physician assistant licensing fees shall be set aside to
   14-4  provide student loan reimbursement for graduates of physician
   14-5  assistant training programs in this state who practice in rural
   14-6  health professional shortage areas identified by the board.
   14-7        (b)  The loan program shall be administered by the Center for
   14-8  Rural Health Initiatives.
   14-9        SECTION 24.  CONFORMING AMENDMENT.  Section
  14-10  3.06(d)(5)(D)(ii), Medical Practice Act (Article 4495b, Vernon's
  14-11  Texas Civil Statutes), is amended to read as follows:
  14-12                          (ii)  "Physician assistant" has the meaning
  14-13  assigned to that term by Section 2(3), Physician Assistants
  14-14  Licensing Act, and its subsequent amendments <means a physician
  14-15  assistant recognized by the Board of Medical Examiners as having
  14-16  the specialized education and training required under Subsection
  14-17  (d), Section 5.02 of this Act>.
  14-18        SECTION 25.  CONFORMING AMENDMENT.  Section 110.001(3), Civil
  14-19  Practice and Remedies Code, is amended to read as follows:
  14-20              (3)  "Health care professional" means:
  14-21                    (A)  a person who is licensed to practice
  14-22  medicine under the Medical Practice Act (Article 4495b, Vernon's
  14-23  Texas Civil Statutes);
  14-24                    (B)  a person registered by the Board of Nurse
  14-25  Examiners as an advanced nurse practitioner or a certified nurse
  14-26  midwife; or
  14-27                    (C)  a person licensed <recognized> by the
   15-1  Physician Assistant Advisory Council under the Texas State Board of
   15-2  Medical Examiners as a physician assistant.
   15-3        SECTION 26.  TRANSITION.  (a)  A person is not required to
   15-4  obtain a license under this Act until September 1, 1994.
   15-5        (b)  The council shall adopt rules under this Act not later
   15-6  than January 1, 1994.
   15-7        (c)  In making the initial appointments to the council, the
   15-8  governor shall designate three members for terms expiring February
   15-9  1, 1995, three members for terms expiring February 1, 1997, and
  15-10  three members for terms expiring February 1, 1999.
  15-11        (d)  The physician assistants advisory committee created
  15-12  under Section 5.02(c), Medical Practice Act (Article 4495b,
  15-13  Vernon's Texas Civil Statutes), is abolished on the effective date
  15-14  of this Act.
  15-15        SECTION 27.  REPEALER.   Sections 5.02(c) and (d), Medical
  15-16  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), are
  15-17  repealed.
  15-18        SECTION 28.  EFFECTIVE DATE.  This Act takes effect September
  15-19  1, 1993, except that Sections 3 and 20 take effect September 1,
  15-20  1994.
  15-21        SECTION 29.  EMERGENCY.  The importance of this legislation
  15-22  and the crowded condition of the calendars in both houses create an
  15-23  emergency and an imperative public necessity that the
  15-24  constitutional rule requiring bills to be read on three several
  15-25  days in each house be suspended, and this rule is hereby suspended.