73R4083 JMM-F
          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 21 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.  LICENSE QUALIFICATIONS.  The council shall issue
   5-12  a license under this Act to an applicant who:
   5-13              (1)  submits an application on a form prescribed by the
   5-14  council;
   5-15              (2)  pays the application fee as prescribed by the
   5-16  council;
   5-17              (3)  has successfully completed an educational program
   5-18  for physician assistants or surgeon assistants accredited by the
   5-19  Committee on Allied Health Education and Accreditation or has
   5-20  passed the Physician Assistant National Certifying Examination
   5-21  administered by the National Commission on Certification of
   5-22  Physician Assistants;
   5-23              (4)  certifies that the applicant is mentally and
   5-24  physically able to function safely as a physician assistant;
   5-25              (5)  does not have a license, certification, or
   5-26  registration as a physician assistant in this state or from any
   5-27  other licensing authority that is currently revoked or suspended or
    6-1  the applicant is not subject to probation or other disciplinary
    6-2  action for cause resulting from the applicant's acts as a physician
    6-3  assistant, unless the council takes that fact into consideration in
    6-4  determining whether to issue the license;
    6-5              (6)  is of good moral character; and
    6-6              (7)  submits to the council any other information the
    6-7  council considers necessary to evaluate the applicant's
    6-8  qualifications.
    6-9        SECTION 7.  TEMPORARY LICENSE.  (a)  The council may issue a
   6-10  temporary license to an applicant who:
   6-11              (1)  meets all the qualifications for a license under
   6-12  this Act but is waiting for the next scheduled meeting of the
   6-13  council for the license to be issued; or
   6-14              (2)  seeks to temporarily substitute for a licensed
   6-15  physician assistant during the licensee's absence, if the
   6-16  applicant:
   6-17                    (A)  is licensed or registered in good standing
   6-18  in another state, territory, or the District of Columbia;
   6-19                    (B)  submits an application on a form prescribed
   6-20  by the council; and
   6-21                    (C)  pays the appropriate fee prescribed by the
   6-22  council.
   6-23        (b)  A temporary license is valid for 45 days from the date
   6-24  issued and may be extended only for another 45 days after the date
   6-25  the initial temporary license expires.
   6-26        SECTION 8.  INACTIVE LICENSE.  (a)  A license holder may have
   6-27  the license holder's license placed on inactive status by applying
    7-1  to the council.  A physician assistant with an inactive license is
    7-2  excused from paying renewal fees on the license and may not
    7-3  practice as a physician assistant.
    7-4        (b)  A license holder who practices as a physician assistant
    7-5  while on inactive status is considered to be practicing without a
    7-6  license.
    7-7        (c)  A physician assistant may return to active status by
    7-8  applying to the council, paying the license renewal fee, and
    7-9  complying with the requirements for license renewal under Section 9
   7-10  of this Act.
   7-11        SECTION 9.  RENEWAL.  A person who holds a license under this
   7-12  Act may, on notification from the council, renew the license by:
   7-13              (1)  paying the renewal fee prescribed by the council;
   7-14              (2)  submitting the appropriate form; and
   7-15              (3)  meeting any other requirement established by rules
   7-16  adopted by the council.
   7-17        SECTION 10.  EXEMPTION.  This Act does not require a license
   7-18  for:
   7-19              (1)  a physician assistant student enrolled in a
   7-20  physician assistant or surgeon assistant educational program
   7-21  accredited by the Committee on Allied Health Education and
   7-22  Accreditation of the American Medical Association;
   7-23              (2)  a physician assistant employed in the service of
   7-24  the federal government while performing duties related to that
   7-25  employment; or
   7-26              (3)  a technician, assistant, or employee of a
   7-27  physician who performs delegated tasks in the office of a physician
    8-1  or elsewhere but who does not act as a physician assistant or
    8-2  represent that the person is a physician assistant.
    8-3        SECTION 11.  SCOPE OF PRACTICE.  (a)  The practice of a
    8-4  physician assistant includes medical services within the education,
    8-5  training, and experience of the physician assistant that are
    8-6  delegated by the supervising physician.
    8-7        (b)  Medical services provided by a physician assistant may
    8-8  include:
    8-9              (1)  obtaining patient histories and performing
   8-10  physical examinations;
   8-11              (2)  ordering or performing diagnostic and therapeutic
   8-12  procedures;
   8-13              (3)  formulating a working diagnosis;
   8-14              (4)  developing and implementing a treatment plan;
   8-15              (5)  monitoring the effectiveness of therapeutic
   8-16  interventions;
   8-17              (6)  assisting at surgery;
   8-18              (7)  offering counseling and education to patients;
   8-19              (8)  requesting, receiving, and signing for
   8-20  professional samples and distributing the samples to patients at a
   8-21  site serving medically underserved populations, as provided by
   8-22  Section 3.06(d)(5), Medical Practice Act (Article 4495b, Vernon's
   8-23  Texas Civil Statutes), and its subsequent amendments, or as
   8-24  otherwise authorized by board rule; and
   8-25              (9)  making appropriate referrals.
   8-26        (c)  The activities listed in Subsection (b) of this section
   8-27  may be performed in any place authorized by a supervising
    9-1  physician, including a clinic, hospital, ambulatory surgical
    9-2  center, patient home, nursing home, or other institutional setting.
    9-3        SECTION 12.  SUPERVISION REQUIREMENTS.  (a)  Supervision by a
    9-4  supervising physician must be continuous but does not  require the
    9-5  physical presence of the supervising physician at the place where
    9-6  physician assistant services are performed while the services are
    9-7  performed.
    9-8        (b)  Each team of a physician and physician assistant must
    9-9  ensure that:
   9-10              (1)  the physician assistant's scope of function is
   9-11  identified;
   9-12              (2)  delegation of medical tasks is appropriate to the
   9-13  physician assistant's level of competence;
   9-14              (3)  the relationship between the members of the team
   9-15  and the access of the physician assistant to the supervising
   9-16  physician is defined; and
   9-17              (4)  a process for evaluating the physician assistant's
   9-18  performance is established.
   9-19        (c)  A physician assistant may have more than one supervising
   9-20  physician.
   9-21        SECTION 13.  SUPERVISING PHYSICIAN.  A supervising physician
   9-22  must:
   9-23              (1)  be licensed as a physician in this state;
   9-24              (2)  notify the council of the physician's intent to
   9-25  supervise a physician assistant; and
   9-26              (3)  submit a statement to the council that the
   9-27  physician will:
   10-1                    (A)  supervise the physician assistant according
   10-2  to rules adopted by the council; and
   10-3                    (B)  retain professional and legal responsibility
   10-4  for the care rendered by the physician assistant.
   10-5        SECTION 14.  NOTIFICATION OF INTENT TO PRACTICE.  (a)  A
   10-6  physician assistant licensed under this Act must, before beginning
   10-7  practice, submit on a form prescribed by the council, notification
   10-8  of the license holder's intent to begin practice.  Notification
   10-9  under this section must include:
  10-10              (1)  the name, business address, license number, and
  10-11  telephone number of the physician assistant's supervising
  10-12  physician; and
  10-13              (2)  the name, business address, license number, and
  10-14  telephone number of the  physician assistant.
  10-15        (b)  A physician assistant must notify the council of any
  10-16  changes in, or additions to, the person acting as a supervising
  10-17  physician for the physician assistant not later than the 30th day
  10-18  after the date the change or addition is made.
  10-19        SECTION 15.  EXCLUSION OF LIMITATION ON EMPLOYMENT.  This Act
  10-20  does not limit the employment arrangement of a physician assistant
  10-21  licensed under this Act.
  10-22        SECTION 16.  ASSUMPTION OF PROFESSIONAL LIABILITY.  (a)  A
  10-23  physician assistant employed by a physician or a group of
  10-24  physicians must be supervised by and be the legal responsibility of
  10-25  each employing physician.  The legal responsibility for the
  10-26  physician assistant's patient care activities remains the
  10-27  responsibility of the employing physician, including when the
   11-1  physician assistant provides care and treatment for a patient in a
   11-2  health care facility.
   11-3        (b)  A health care facility or other entity that employs a
   11-4  physician assistant has the legal responsibility for the physician
   11-5  assistant's acts or omissions.  A physician assistant employed by a
   11-6  health care facility or other entity shall be supervised by a
   11-7  licensed physician.
   11-8        SECTION 17.  DISCIPLINARY PROCEEDINGS.  The council may
   11-9  refuse to issue a license, publicly or privately reprimand a
  11-10  license holder, or suspend, revoke, or place other restrictions on
  11-11  a license of a person who:
  11-12              (1)  fraudulently or deceptively obtains or attempts to
  11-13  obtain a license;
  11-14              (2)  fraudulently or deceptively uses a license;
  11-15              (3)  violates any provision of this Act or any rule
  11-16  adopted under this Act;
  11-17              (4)  is convicted of a felony;
  11-18              (5)  is a habitual user of intoxicants or
  11-19  nontherapeutic drugs to the extent that the person cannot safely
  11-20  perform as a physician assistant;
  11-21              (6)  has been adjudicated as mentally incompetent or
  11-22  has a mental condition that renders the person unable to safely
  11-23  perform as a physician assistant;
  11-24              (7)  has committed an act of moral turpitude; or
  11-25              (8)  represents that the person is a physician.
  11-26        SECTION 18.  ADDITIONAL DISCIPLINARY AUTHORITY.  In addition
  11-27  to the  authority under Section 17 of this Act, the council may, on
   12-1  finding that a physician assistant has committed an offense
   12-2  described in Section 17 of this Act:
   12-3              (1)  require a physician assistant to submit to the
   12-4  care, counseling, or treatment of a physician designated by the
   12-5  council;
   12-6              (2)  stay enforcement of an order and place the
   12-7  physician assistant on probation with the council retaining the
   12-8  right to vacate the probationary stay and enforce the original
   12-9  order for noncompliance with the terms of probation;
  12-10              (3)  restore or reissue a license or remove any
  12-11  disciplinary or corrective measure that the council may have
  12-12  imposed;
  12-13              (4)  order the physician assistant to perform public
  12-14  service; or
  12-15              (5)  require the physician assistant to complete
  12-16  additional training.
  12-17        SECTION 19.  OFFENSE.  (a)  A person commits an offense if,
  12-18  without holding a license under this Act, the person:
  12-19              (1)  holds the person out as a physician assistant;
  12-20              (2)  uses any combination or abbreviation of the term
  12-21  "physician assistant" to indicate or imply that the person is a
  12-22  physician assistant; or
  12-23              (3)  acts as a physician assistant without being
  12-24  licensed by the council.
  12-25        (b)  An offense under this section is a felony of the third
  12-26  degree.
  12-27        SECTION 20.  IDENTIFICATION REQUIREMENTS.  A physician
   13-1  assistant licensed under this Act shall:
   13-2              (1)  keep the physician assistant's license available
   13-3  for inspection at the physician assistant's primary place of
   13-4  business; and
   13-5              (2)  when engaged in the physician assistant's
   13-6  professional activities, wear a name tag identifying the physician
   13-7  assistant as a physician assistant.
   13-8        SECTION 21.  RULE-MAKING AUTHORITY.  (a)  The council shall
   13-9  adopt rules that are reasonable and necessary for the performance
  13-10  of the  council's duties under this Act, as provided by the
  13-11  Administrative Procedure and Texas Register Act (Article 6252-13a,
  13-12  Vernon's Texas Civil Statutes), and its subsequent amendments,
  13-13  including rules:
  13-14              (1)  setting licensing and other fees;
  13-15              (2)  establishing renewal dates for licenses; and
  13-16              (3)  establishing rules and procedures for disciplinary
  13-17  actions.
  13-18        (b)  Rules adopted by the council must be:
  13-19              (1)  approved or rejected by a majority vote of the
  13-20  board; and
  13-21              (2)  if rejected, returned to the council for revision.
  13-22        SECTION 22.  RURAL PHYSICIAN ASSISTANT LOAN REIMBURSEMENT
  13-23  PROGRAM.  (a)  A portion of the revenue generated under this Act
  13-24  from physician assistant licensing fees shall be set aside to
  13-25  provide student loan reimbursement for graduates of physician
  13-26  assistant training programs in this state who practice in rural
  13-27  health professional shortage areas identified by the board.
   14-1        (b)  The loan program shall be administered by the Center for
   14-2  Rural Health Initiatives.
   14-3        SECTION 23.  CONFORMING AMENDMENT.  Section
   14-4  3.06(d)(5)(D)(ii), Medical Practice Act (Article 4495b, Vernon's
   14-5  Texas Civil Statutes), is amended to read as follows:
   14-6                          (ii)  "Physician assistant" has the meaning
   14-7  assigned to that term by Section 2(3), Physician Assistants
   14-8  Licensing Act, and its subsequent amendments <means a physician
   14-9  assistant recognized by the Board of Medical Examiners as having
  14-10  the specialized education and training required under Subsection
  14-11  (d), Section 5.02 of this Act>.
  14-12        SECTION 24.  CONFORMING AMENDMENT.  Section 110.001(3), Civil
  14-13  Practice and Remedies Code, is amended to read as follows:
  14-14              (3)  "Health care professional" means:
  14-15                    (A)  a person who is licensed to practice
  14-16  medicine under the Medical Practice Act (Article 4495b, Vernon's
  14-17  Texas Civil Statutes);
  14-18                    (B)  a person registered by the Board of Nurse
  14-19  Examiners as an advanced nurse practitioner or a certified nurse
  14-20  midwife; or
  14-21                    (C)  a person licensed <recognized> by the
  14-22  Physician Assistant Advisory Council under the Texas State Board of
  14-23  Medical Examiners as a physician assistant.
  14-24        SECTION 25.  TRANSITION.  (a)  A person is not required to
  14-25  obtain a license under this Act until September 1, 1994.
  14-26        (b)  The council shall adopt rules under this Act not later
  14-27  than January 1, 1994.
   15-1        (c)  In making the initial appointments to the council, the
   15-2  governor shall designate three members for terms expiring February
   15-3  1, 1995, three members for terms expiring February 1, 1997, and
   15-4  three members for terms expiring February 1, 1999.
   15-5        (d)  The physician assistants advisory committee created
   15-6  under Section 5.02(c), Medical Practice Act (Article 4495b,
   15-7  Vernon's Texas Civil Statutes), is abolished on the effective date
   15-8  of this Act.
   15-9        SECTION 26.  REPEALER.   Sections 5.02(c) and (d), Medical
  15-10  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), are
  15-11  repealed.
  15-12        SECTION 27.  EFFECTIVE DATE.  This Act takes effect September
  15-13  1, 1993, except that Sections 3 and 19 take effect September 1,
  15-14  1994.
  15-15        SECTION 28.  EMERGENCY.  The importance of this legislation
  15-16  and the crowded condition of the calendars in both houses create an
  15-17  emergency and an imperative public necessity that the
  15-18  constitutional rule requiring bills to be read on three several
  15-19  days in each house be suspended, and this rule is hereby suspended.