1-1  By:  Berlanga (Senate Sponsor - Carriker)             H.B. No. 2498
    1-2        (In the Senate - Received from the House April 20, 1993;
    1-3  April 21, 1993, read first time and referred to Committee on Health
    1-4  and Human Services; April 28, 1993, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 9, Nays
    1-6  0; April 28, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR H.B. No. 2498                   By:  Truan
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the regulation of physician assistants; providing a
   1-22  criminal penalty.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  SHORT TITLE; LEGISLATIVE FINDINGS AND PURPOSE.
   1-25  (a)  This Act may be cited as the "Physician Assistant Licensing
   1-26  Act."
   1-27        (b)  The legislature finds that the health, safety, and
   1-28  welfare of the people of this state are best advanced by the
   1-29  establishment of an orderly system for licensing physician
   1-30  assistants.  The creation of a licensing mechanism and
   1-31  establishment of an entity dedicated to regulating physician
   1-32  assistants provides a means to ensure the competency of physician
   1-33  assistants without a financial burden to the people of this state.
   1-34        SECTION 2.  DEFINITIONS.  In this Act:
   1-35              (1)  "Board" means the Texas State Board of Medical
   1-36  Examiners.
   1-37              (2)  "Council" means the Physician Assistant Advisory
   1-38  Council.
   1-39              (3)  "Physician assistant" means a person who has
   1-40  graduated from a physician assistant or surgeon assistant program
   1-41  accredited by the American Medical Association's Committee on
   1-42  Allied Health Education and Accreditation or who has passed the
   1-43  certifying examination administered by the National Commission on
   1-44  Certification of Physician Assistants.
   1-45              (4)  "Supervising physician" means a medical doctor or
   1-46  doctor of osteopathy licensed by the board who supervises a
   1-47  physician assistant.
   1-48              (5)  "Supervision" means overseeing the activities of,
   1-49  and accepting responsibility for, the medical services rendered by
   1-50  a physician assistant.  Supervision does not require the constant
   1-51  physical presence of a person providing supervision but includes a
   1-52  situation where a person providing supervision and the person being
   1-53  supervised are or can easily be in contact with one another by
   1-54  radio, telephone, or another telecommunication device.
   1-55        SECTION 3.  LICENSE REQUIRED.  A person may not practice as a
   1-56  physician assistant unless the person is licensed under this Act.
   1-57        SECTION 4.  PHYSICIAN ASSISTANT ADVISORY COUNCIL.  (a)  The
   1-58  Physician Assistant Advisory Council is created as an advisory
   1-59  board to the Texas State Board of Medical Examiners.
   1-60        (b)  The council consists of nine members appointed by the
   1-61  governor as follows:
   1-62              (1)  three members who are currently legally practicing
   1-63  as physician assistants and who have at least five years of
   1-64  clinical experience as practicing physician assistants;
   1-65              (2)  three members who are physicians licensed in this
   1-66  state who currently supervise physician assistants; and
   1-67              (3)  three members who are members of the general
   1-68  public who are not licensed either as physicians or physician
    2-1  assistants.
    2-2        (c)  A person is not eligible for appointment as a public
    2-3  member of the council if the person or the person's spouse:
    2-4              (1)  is licensed by an occupational regulatory agency
    2-5  in the field of health care; or
    2-6              (2)  is employed by or participates in the management
    2-7  of a business entity or other organization that provides health
    2-8  care services or that sells, manufactures, or distributes health
    2-9  care supplies or equipment.
   2-10        (d)  Each member of the council is entitled to a per diem as
   2-11  set by legislative appropriation for each day that the member
   2-12  engages in the business of the council.  A member may not receive
   2-13  compensation for travel expenses, including expenses for meals and
   2-14  lodging, other than transportation expenses.  A member is entitled
   2-15  to compensation for transportation expenses as provided by the
   2-16  General Appropriations Act.
   2-17        (e)  It is a ground for removal from the council if a member:
   2-18              (1)  does not have at the time of appointment the
   2-19  qualifications required by this section for appointment to the
   2-20  council;
   2-21              (2)  does not maintain during the service on the
   2-22  council the qualifications required by this section for appointment
   2-23  to the council; or
   2-24              (3)  fails to attend at least one-half of the regularly
   2-25  scheduled council meetings held in a calendar year, excluding
   2-26  meetings held while the person was not a committee member.
   2-27        (f)  A person who is required to register as a lobbyist under
   2-28  Chapter 305, Government Code, and its subsequent amendments may not
   2-29  serve as a member of the council.
   2-30        (g)  The validity of an action of the council is not affected
   2-31  by the fact that it is taken when a ground for removal of a member
   2-32  of the council exists.
   2-33        (h)  The council is subject to the open meetings law, Chapter
   2-34  271, Acts of the 60th Legislature, Regular Session, 1967 (Article
   2-35  6252-17, Vernon's Texas Civil Statutes), and its subsequent
   2-36  amendments, and the Administrative Procedure and Texas Register Act
   2-37  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   2-38  subsequent amendments.
   2-39        (i)  Members of the council hold office for staggered terms
   2-40  of six years expiring February 1 of each odd-numbered year.  A
   2-41  member is ineligible to serve more than two consecutive full terms
   2-42  and may not serve more than a total of three full terms.
   2-43        (j)  In the case of a vacancy on the council, the governor
   2-44  shall appoint a new member to complete an unexpired term.
   2-45        (k)  The council is subject to Chapter 325, Government Code
   2-46  (Texas Sunset Act), and its subsequent amendments.  Unless
   2-47  continued in existence as provided by that chapter, the council is
   2-48  abolished and this Act expires September 1, 2005.
   2-49        (l)  The council shall select from its membership a presiding
   2-50  officer and a secretary to serve for one-year terms.
   2-51        (m)  Five members of the council constitute a quorum for the
   2-52  transaction of the business of the council.
   2-53        SECTION 5.  POWERS AND DUTIES OF THE COUNCIL.  The council
   2-54  shall:
   2-55              (1)  adopt rules as provided by Section 22 of this Act;
   2-56              (2)  review and approve or reject applications for a
   2-57  license;
   2-58              (3)  review and approve or reject applications for
   2-59  renewal of a license;
   2-60              (4)  issue all licenses;
   2-61              (5)  deny, suspend, or revoke a license or otherwise
   2-62  discipline a license holder;
   2-63              (6)  prescribe and collect fees authorized under this
   2-64  Act; and
   2-65              (7)  take any action necessary to carry out the
   2-66  functions and duties of the council under this Act.
   2-67        SECTION 6.  FEES.  (a)  The council shall establish fees that
   2-68  are reasonable and necessary to defray the cost of administering
   2-69  this Act.
   2-70        (b)  The council may not maintain unnecessary fund balances,
    3-1  and fee amounts shall be set in accordance with this requirement.
    3-2        SECTION 7.  LICENSE QUALIFICATIONS.  The council shall issue
    3-3  a license under this Act to an applicant who:
    3-4              (1)  submits an application on a form prescribed by the
    3-5  council;
    3-6              (2)  pays the application fee as prescribed by the
    3-7  council;
    3-8              (3)  has successfully completed an educational program
    3-9  for physician assistants or surgeon assistants accredited by the
   3-10  Committee on Allied Health Education and Accreditation or by that
   3-11  committee's predecessor or successor entities or has passed the
   3-12  Physician Assistant National Certifying Examination administered by
   3-13  the National Commission on Certification of Physician Assistants;
   3-14              (4)  certifies that the applicant is mentally and
   3-15  physically able to function safely as a physician assistant;
   3-16              (5)  does not have a license, certification, or
   3-17  registration as a physician assistant in this state or from any
   3-18  other licensing authority that is currently revoked or suspended or
   3-19  the applicant is not subject to probation or other disciplinary
   3-20  action for cause resulting from the applicant's acts as a physician
   3-21  assistant, unless the council takes that fact into consideration in
   3-22  determining whether to issue the license;
   3-23              (6)  is of good moral character; and
   3-24              (7)  submits to the council any other information the
   3-25  council considers necessary to evaluate the applicant's
   3-26  qualifications.
   3-27        SECTION 8.  TEMPORARY LICENSE.  (a)  The council may issue a
   3-28  temporary license to an applicant who:
   3-29              (1)  meets all the qualifications for a license under
   3-30  this Act but is waiting for the next scheduled meeting of the
   3-31  council for the license to be issued; or
   3-32              (2)  seeks to temporarily substitute for a licensed
   3-33  physician assistant during the licensee's absence, if the
   3-34  applicant:
   3-35                    (A)  is licensed or registered in good standing
   3-36  in another state, territory, or the District of Columbia;
   3-37                    (B)  submits an application on a form prescribed
   3-38  by the council; and
   3-39                    (C)  pays the appropriate fee prescribed by the
   3-40  council.
   3-41        (b)  A temporary license is valid for 45 days from the date
   3-42  issued and may be extended only for another 45 days after the date
   3-43  the initial temporary license expires.
   3-44        SECTION 9.  INACTIVE LICENSE.  (a)  A license holder may have
   3-45  the license holder's license placed on inactive status by applying
   3-46  to the council.  A physician assistant with an inactive license is
   3-47  excused from paying renewal fees on the license and may not
   3-48  practice as a physician assistant.
   3-49        (b)  A license holder who practices as a physician assistant
   3-50  while on inactive status is considered to be practicing without a
   3-51  license.
   3-52        (c)  A physician assistant may return to active status by
   3-53  applying to the council, paying the license renewal fee, and
   3-54  complying with the requirements for license renewal under Section
   3-55  10 of this Act.
   3-56        SECTION 10.  RENEWAL.  A person who holds a license under
   3-57  this Act may, on notification from the council, renew the license
   3-58  by:
   3-59              (1)  paying the renewal fee prescribed by the council;
   3-60              (2)  submitting the appropriate form; and
   3-61              (3)  meeting any other requirement established by rules
   3-62  adopted by the council.
   3-63        SECTION 11.  EXEMPTION.  This Act does not require a license
   3-64  for:
   3-65              (1)  a physician assistant student enrolled in a
   3-66  physician assistant or surgeon assistant educational program
   3-67  accredited by the Committee on Allied Health Education and
   3-68  Accreditation of the American Medical Association;
   3-69              (2)  a physician assistant employed in the service of
   3-70  the federal government while performing duties related to that
    4-1  employment;
    4-2              (3)  a technician, assistant, or employee of a
    4-3  physician who performs delegated tasks in the office of a physician
    4-4  or elsewhere but who does not act as a physician assistant or
    4-5  represent that the person is a physician assistant; or
    4-6              (4)  any other licensed health care worker acting
    4-7  within the scope of that person's license if the person does not
    4-8  use the title "physician assistant" or "P.A." or is not represented
    4-9  or designated as a physician assistant.
   4-10        SECTION 12.  SCOPE OF PRACTICE.  (a)  The practice of a
   4-11  physician assistant includes medical services within the education,
   4-12  training, and experience of the physician assistant that are
   4-13  delegated by the supervising physician.
   4-14        (b)  Medical services provided by a physician assistant may
   4-15  include:
   4-16              (1)  obtaining patient histories and performing
   4-17  physical examinations;
   4-18              (2)  ordering or performing diagnostic and therapeutic
   4-19  procedures;
   4-20              (3)  formulating a working diagnosis;
   4-21              (4)  developing and implementing a treatment plan;
   4-22              (5)  monitoring the effectiveness of therapeutic
   4-23  interventions;
   4-24              (6)  assisting at surgery;
   4-25              (7)  offering counseling and education to patients;
   4-26              (8)  requesting, receiving, and signing for
   4-27  professional samples and distributing the samples to patients at a
   4-28  site serving medically underserved populations, as provided by
   4-29  Section 3.06(d)(5), Medical Practice Act (Article 4495b, Vernon's
   4-30  Texas Civil Statutes), and its subsequent amendments, or as
   4-31  otherwise authorized by board rule; and
   4-32              (9)  making appropriate referrals.
   4-33        (c)  The activities listed in Subsection (b) of this section
   4-34  may be performed in any place authorized by a supervising
   4-35  physician, including a clinic, hospital, ambulatory surgical
   4-36  center, patient home, nursing home, or other institutional setting.
   4-37        SECTION 13.  SUPERVISION REQUIREMENTS.  (a)  Supervision by a
   4-38  supervising physician must be continuous but does not require the
   4-39  physical presence of the supervising physician at the place where
   4-40  physician assistant services are performed while the services are
   4-41  performed.
   4-42        (b)  Each team of a physician and physician assistant must
   4-43  ensure that:
   4-44              (1)  the physician assistant's scope of function is
   4-45  identified;
   4-46              (2)  delegation of medical tasks is appropriate to the
   4-47  physician assistant's level of competence;
   4-48              (3)  the relationship between the members of the team
   4-49  and the access of the physician assistant to the supervising
   4-50  physician is defined; and
   4-51              (4)  a process for evaluating the physician assistant's
   4-52  performance is established.
   4-53        (c)  A physician assistant may have more than one supervising
   4-54  physician.
   4-55        SECTION 14.  SUPERVISING PHYSICIAN.  A supervising physician
   4-56  must:
   4-57              (1)  be licensed as a physician in this state;
   4-58              (2)  notify the council of the physician's intent to
   4-59  supervise a physician assistant; and
   4-60              (3)  submit a statement to the council that the
   4-61  physician will:
   4-62                    (A)  supervise the physician assistant according
   4-63  to rules adopted by the council; and
   4-64                    (B)  retain professional and legal responsibility
   4-65  for the care rendered by the physician assistant.
   4-66        SECTION 15.  NOTIFICATION OF INTENT TO PRACTICE.  (a)  A
   4-67  physician assistant licensed under this Act must, before beginning
   4-68  practice, submit on a form prescribed by the council notification
   4-69  of the license holder's intent to begin practice.  Notification
   4-70  under this section must include:
    5-1              (1)  the name, business address, license number, and
    5-2  telephone number of the physician assistant's supervising
    5-3  physician; and
    5-4              (2)  the name, business address, license number, and
    5-5  telephone number of the physician assistant.
    5-6        (b)  A physician assistant must notify the council of any
    5-7  changes in, or additions to, the person acting as a supervising
    5-8  physician for the physician assistant not later than the 30th day
    5-9  after the date the change or addition is made.
   5-10        SECTION 16.  EXCLUSION OF LIMITATION ON EMPLOYMENT.  This Act
   5-11  does not limit the employment arrangement of a physician assistant
   5-12  licensed under this Act.
   5-13        SECTION 17.  ASSUMPTION OF PROFESSIONAL LIABILITY.  (a)  A
   5-14  physician assistant employed by a physician or a group of
   5-15  physicians must be supervised by and be the legal responsibility of
   5-16  each employing physician.  The legal responsibility for the
   5-17  physician assistant's patient care activities remains the
   5-18  responsibility of the employing physician, including when the
   5-19  physician assistant provides care and treatment for a patient in a
   5-20  health care facility.
   5-21        (b)  A physician assistant employed by a health care facility
   5-22  or other entity shall be supervised by a licensed physician.  A
   5-23  health care facility or other entity that employs a physician
   5-24  assistant shares the legal responsibility for the physician
   5-25  assistant's acts or omissions with the physician assistant's
   5-26  supervising physician.
   5-27        SECTION 18.  DISCIPLINARY PROCEEDINGS.  The council may
   5-28  refuse to issue a license, publicly or privately reprimand a
   5-29  license holder, or suspend, revoke, or place other restrictions on
   5-30  a license of a person who:
   5-31              (1)  fraudulently or deceptively obtains or attempts to
   5-32  obtain a license;
   5-33              (2)  fraudulently or deceptively uses a license;
   5-34              (3)  violates any provision of this Act or any rule
   5-35  adopted under this Act;
   5-36              (4)  is convicted of a felony;
   5-37              (5)  is a habitual user of intoxicants or
   5-38  nontherapeutic drugs to the extent that the person cannot safely
   5-39  perform as a physician assistant;
   5-40              (6)  has been adjudicated as mentally incompetent or
   5-41  has a mental condition that renders the person unable to safely
   5-42  perform as a physician assistant;
   5-43              (7)  has committed an act of moral turpitude; or
   5-44              (8)  represents that the person is a physician.
   5-45        SECTION 19.  ADDITIONAL DISCIPLINARY AUTHORITY.  In addition
   5-46  to the authority under Section 18 of this Act, the council may, on
   5-47  finding that a physician assistant has committed an offense
   5-48  described in Section 18 of this Act:
   5-49              (1)  require a physician assistant to submit to the
   5-50  care, counseling, or treatment of a physician designated by the
   5-51  council;
   5-52              (2)  stay enforcement of an order and place the
   5-53  physician assistant on probation with the council retaining the
   5-54  right to vacate the probationary stay and enforce the original
   5-55  order for noncompliance with the terms of probation;
   5-56              (3)  restore or reissue a license or remove any
   5-57  disciplinary or corrective measure that the council may have
   5-58  imposed;
   5-59              (4)  order the physician assistant to perform public
   5-60  service; or
   5-61              (5)  require the physician assistant to complete
   5-62  additional training.
   5-63        SECTION 20.  OFFENSE.  (a)  A person commits an offense if,
   5-64  without holding a license under this Act, the person:
   5-65              (1)  holds the person out as a physician assistant;
   5-66              (2)  uses any combination or abbreviation of the term
   5-67  "physician assistant" to indicate or imply that the person is a
   5-68  physician assistant; or
   5-69              (3)  acts as a physician assistant without being
   5-70  licensed by the council.
    6-1        (b)  An offense under this section is a felony of the third
    6-2  degree.
    6-3        SECTION 21.  IDENTIFICATION REQUIREMENTS.  A physician
    6-4  assistant licensed under this Act shall:
    6-5              (1)  keep the physician assistant's license available
    6-6  for inspection at the physician assistant's primary place of
    6-7  business; and
    6-8              (2)  when engaged in the physician assistant's
    6-9  professional activities, wear a name tag identifying the physician
   6-10  assistant as a physician assistant.
   6-11        SECTION 22.  RULE-MAKING AUTHORITY.  (a)  The council shall
   6-12  adopt rules that are reasonable and necessary for the performance
   6-13  of the  council's duties under this Act, as provided by the
   6-14  Administrative Procedure and Texas Register Act (Article 6252-13a,
   6-15  Vernon's Texas Civil Statutes), and its subsequent amendments,
   6-16  including rules:
   6-17              (1)  setting licensing and other fees;
   6-18              (2)  establishing renewal dates for licenses; and
   6-19              (3)  establishing rules and procedures for disciplinary
   6-20  actions.
   6-21        (b)  Rules adopted by the council must:
   6-22              (1)  be approved or rejected by a majority vote of the
   6-23  board; and
   6-24              (2)  if rejected, be returned to the council for
   6-25  revision.
   6-26        SECTION 23.  RURAL PHYSICIAN ASSISTANT LOAN REIMBURSEMENT
   6-27  PROGRAM.  (a)  The council shall designate annually a portion of
   6-28  the revenue generated under this Act from physician assistant
   6-29  licensing fees to be set aside to provide student loan
   6-30  reimbursement for graduates of physician assistant training
   6-31  programs in this state who practice in rural health professional
   6-32  shortage areas identified by the Texas Department of Health.
   6-33        (b)  The Center for Rural Health Initiatives shall establish
   6-34  policy for and adopt rules to administer the loan program under
   6-35  this section.
   6-36        (c)  The council shall authorize and the board shall transfer
   6-37  annually the funds designated in Subsection (a) of this section to
   6-38  the Center for Rural Health Initiatives to administer the loan
   6-39  program under this section.
   6-40        SECTION 24.  CONFORMING AMENDMENT.  Section
   6-41  3.06(d)(5)(D)(ii), Medical Practice Act (Article 4495b, Vernon's
   6-42  Texas Civil Statutes), is amended to read as follows:
   6-43                          (ii)  "Physician assistant" has the meaning
   6-44  assigned to that term by Section 2(3), Physician Assistant
   6-45  Licensing Act, and its subsequent amendments <means a physician
   6-46  assistant recognized by the Board of Medical Examiners as having
   6-47  the specialized education and training required under Subsection
   6-48  (d), Section 5.02 of this Act>.
   6-49        SECTION 25.  CONFORMING AMENDMENT.  Section 3.10(b), Medical
   6-50  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), is
   6-51  amended to read as follows:
   6-52        (b)  The board may not set, charge, collect, receive, or
   6-53  deposit any of the following fees in excess of:
   6-54              (1)  for processing and granting a license by
   6-55  reciprocity to a licensee of another state ................... $700
   6-56              (2)  for processing an application and administration
   6-57  of a partial examination for licensure ....................... $700
   6-58              (3)  for processing an application and administration
   6-59  of a complete examination for licensure ...................... $700
   6-60              (4)  for processing an application and issuance of a
   6-61  temporary license ............................................ $200
   6-62              (5)  for processing an application and issuance of a
   6-63  duplicate license ............................................ $200
   6-64              (6)  for processing an application and issuance of a
   6-65  license of reinstatement after a lapse or cancellation of a license
   6-66  .............................................................. $700
   6-67              (7)  for processing an application and issuance of an
   6-68  annual registration of a licensee ............................ $200
   6-69              (8)  for processing and issuance of an institutional
   6-70  permit for interns, residents, and others in approved medical
    7-1  training programs ............................................ $200
    7-2              (9)  for processing an application and issuance of an
    7-3  endorsement to other state medical boards .................... $200
    7-4              (10)  for processing and issuance of a license or
    7-5  temporary license <permit> to a <physician who supervises a>
    7-6  physician assistant .......................................... $200
    7-7              (11)  for processing and issuance of a permit to a
    7-8  physician who supervises an acupuncturist ................... $200.
    7-9        SECTION 26.  CONFORMING AMENDMENT.  Section 5.02, Medical
   7-10  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), is
   7-11  amended to read as follows:
   7-12        Sec. 5.02.  Supervision of Physician Assistants.  <(a)>  The
   7-13  board <by rule> shall adopt rules to regulate physician assistants
   7-14  and physicians who supervise physician assistants that are
   7-15  consistent with the Physician Assistant Licensing Act and its
   7-16  subsequent amendments. <standards to regulate the extent to which a
   7-17  physician licensed by the board may delegate his responsibilities
   7-18  as a physician to a physician assistant.  The standards shall take
   7-19  into consideration:>
   7-20              <(1)  the skill of the physician assistant to whom the
   7-21  physician is to delegate the responsibility;>
   7-22              <(2)  the skill of the physician who is to delegate the
   7-23  responsibility;>
   7-24              <(3)  the nature of the responsibility delegated;>
   7-25              <(4)  the extent and nature of the supervision that the
   7-26  physician is to give to the physician assistant to whom the
   7-27  responsibility is delegated;>
   7-28              <(5)  the risks to the patient who is the subject of
   7-29  the delegated responsibility; and>
   7-30              <(6)  other factors considered relevant by the board.>
   7-31        <(b)  A physician licensed by the board shall comply with the
   7-32  standards adopted by the board as provided by this section.>
   7-33        <(c)(1)  The physician assistants advisory committee is
   7-34  established.>
   7-35              <(2)  The physician assistants advisory committee
   7-36  consists of not more than six physician assistants appointed by the
   7-37  board.  A member of the advisory committee serves for a term of one
   7-38  year expiring on May 1 of each year.>
   7-39              <(3)  The advisory committee shall advise the board on
   7-40  matters relating to physician assistants.  In order to assure that
   7-41  the advisory committee is able to exercise properly its advisory
   7-42  powers, the board shall provide the advisory committee with timely
   7-43  notice of all board meetings on matters relating to physician
   7-44  assistants and a copy of the minutes of all board meetings on
   7-45  matters relating to physician assistants.  In addition, the board
   7-46  may not adopt any rule relating to the practice of physician
   7-47  assistants that is not an emergency matter unless the proposed rule
   7-48  has been submitted to the advisory committee for review and comment
   7-49  at least 30 days prior to the adoption of the rule.>
   7-50        <(d)  The board shall adopt rules establishing:>
   7-51              <(1)  any specialized education and training, including
   7-52  pharmacology, a physician assistant must have to carry out a
   7-53  prescription drug order pursuant to Subdivision (5), Subsection
   7-54  (d), Section 3.06, of this Act; and>
   7-55              <(2)  a system for assigning an identification number
   7-56  to a physician assistant who provides the board with evidence of
   7-57  completing the required specialized education and training.>
   7-58        SECTION 27.  CONFORMING AMENDMENT.  Section 110.001(3), Civil
   7-59  Practice and Remedies Code, is amended to read as follows:
   7-60              (3)  "Health care professional" means:
   7-61                    (A)  a person who is licensed to practice
   7-62  medicine under the Medical Practice Act (Article 4495b, Vernon's
   7-63  Texas Civil Statutes);
   7-64                    (B)  a person registered by the Board of Nurse
   7-65  Examiners as an advanced nurse practitioner or a certified nurse
   7-66  midwife; or
   7-67                    (C)  a person licensed <recognized> by the
   7-68  Physician Assistant Advisory Council under the Texas State Board of
   7-69  Medical Examiners as a physician assistant.
   7-70        SECTION 28.  TRANSITION.  (a)  A person is not required to
    8-1  obtain a license under this Act until September 1, 1994.
    8-2        (b)  The council shall adopt rules under this Act not later
    8-3  than January 1, 1994.
    8-4        (c)  In making the initial appointments to the council, the
    8-5  governor shall designate three members for terms expiring February
    8-6  1, 1995, three members for terms expiring February 1, 1997, and
    8-7  three members for terms expiring February 1, 1999.
    8-8        (d)  The physician assistants advisory committee created
    8-9  under Section 5.02(c), Medical Practice Act (Article 4495b,
   8-10  Vernon's Texas Civil Statutes), is abolished on the effective date
   8-11  of this Act.
   8-12        SECTION 29.  EFFECTIVE DATE.  This Act takes effect September
   8-13  1, 1993, except that Sections 3 and 20 take effect September 1,
   8-14  1994.
   8-15        SECTION 30.  EMERGENCY.  The importance of this legislation
   8-16  and the crowded condition of the calendars in both houses create an
   8-17  emergency and an imperative public necessity that the
   8-18  constitutional rule requiring bills to be read on three several
   8-19  days in each house be suspended, and this rule is hereby suspended.
   8-20                               * * * * *
   8-21                                                         Austin,
   8-22  Texas
   8-23                                                         April 28, 1993
   8-24  Hon. Bob Bullock
   8-25  President of the Senate
   8-26  Sir:
   8-27  We, your Committee on Health and Human Services to which was
   8-28  referred H.B. No. 2498, have had the same under consideration, and
   8-29  I am instructed to report it back to the Senate with the
   8-30  recommendation that it do not pass, but that the Committee
   8-31  Substitute adopted in lieu thereof do pass and be printed.
   8-32                                                         Zaffirini,
   8-33  Chair
   8-34                               * * * * *
   8-35                               WITNESSES
   8-36                                                  FOR   AGAINST  ON
   8-37  ___________________________________________________________________
   8-38  Name:  Terry Boucher                             x
   8-39  Representing:  Tx Osteopatic Med Asso
   8-40  City:  Ft Worth
   8-41  -------------------------------------------------------------------
   8-42  Name:  Frank Santos                              x
   8-43  Representing:  Tx Medical Asso
   8-44  City:  Austin
   8-45  -------------------------------------------------------------------
   8-46  Name:  Justine Strand                            x
   8-47  Representing:  Tx Academy of Physician Assist
   8-48  City:  Austin
   8-49  -------------------------------------------------------------------
   8-50  Name:  Sam Stone                                 x
   8-51  Representing:  Tx Academy of Physician Assist
   8-52  City:  Austin
   8-53  -------------------------------------------------------------------