BG S.B. 1297 75(R)BILL ANALYSIS PUBLIC HEALTH S.B. 1297 By: Cain (Davila) 5-14-97 Committee Report (Unamended) BACKGROUND Currently, the practice of acupuncture and particularly the practice of physician assistants is closely interwoven with the practice of physicians. In 1993, the Texas Legislature provided for the licensure, regulation, and discipline of acupuncturists and physician assistants by adding Subchapter F of the Medical Practice Act of Texas, relating to the regulation of acupuncture, and the creation of the Physician Assistant Licensing Act. Through these changes, two professional licensing boards were created and the primary framework for licensing and regulating these professions was established. There is some concern about a physician assistant, who must be supervised by a physician, not being subject to the same obligations and responsibilities as the supervising physician. Similar concern exists for acupuncturists as their Act mirrors much of the Medical Practice Act. PURPOSE S.B. 1297 outlines provisions and provides administrative penalties regarding disciplinary procedures and peer review for certain medical practitioners. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 5.06(b), (d), (f), (i), (k), and (r), Medical Practice Act, (Article 4495b, Vernon's Texas Civil Statutes), as follows: Subsection (b) adds "physician assistant or acupuncturist" whenever there are applicable references to a physician, so as to clarify that they too shall be subjects in reports to the board as specified. Subsection (d) adds language to require any physician assistant licensed to practice in this state or otherwise lawfully practicing as a physician assistant in this state, any physician assistant student, any acupuncturist licensed to practice in this state or otherwise lawfully practicing acupuncture in this state, or any acupuncture student to report relevant information to the board relating to the acts of any physician, physician assistant, or acupuncturist if, in the opinion of the physician assistant, physician student, acupuncturist or acupuncture student, the physician, physician assistant, or acupuncturist poses a threat to the public welfare through the practice of medicine or acupuncture or practice as a physician assistant. Subsection (f) clarifies that the suspending, restricting, or revoking of "physician assistant or acupuncturist" as well as physician privileges or membership is not precluded as specified. Subsection (i) adds "physician assistant or acupuncturist" to references to the affected physician. Subsection (k) adds a statutory reference to Sec. 27(a), Physician Assistant Licensing Act, (Article 4495b-1, V.T.C.S.) Subsection (r) adds that "physician assistant's or acupuncturist's" as well as the physician's record shall have the complaint, as specified, expunged. SECTION 2. Amends Sections 5.06(s)(1) and (2), Medical Practice Act (Article 4495b, V.T.C.S.), which sets forth instances in which the board is authorized to disclose certain confidential information to include physician assistant or acupuncture, as well as physician, as appropriate in reference to their jurisdictional authorities, associations, peer review committees and hospital privileges. Makes conforming changes. SECTION 3. Amends Section 6.04(g), Medical Practice Act (Article 44495b, V.T.C.S.), to clarify the provision that the acupuncture board is subject to open meetings and open records laws, the Administrative Procedure Act, and any subsequent amendments except as provided by this Act, and in such event this Act will control. SECTION 4. Amends Section 6.11, Medical Practice Act (Article 4495b, V.T.C.S.), by amending Subsection (a) and adding Subsection (h), as follows: Subsection (a) replaces the words "suspended, probated, or revoked" with "disciplinary action to be taken", clarifies certain causal instances and adds Subdivisions (8) through (15) specifying other conduct and circumstances that may lead to the taking of disciplinary action after notice and hearing. Subsection (h) sets forth information to be included in a disciplinary action required to be by an order of the board. SECTION 5. Effective date: September 1, 1997. SECTION 6. Emergency clause.