SRC-TNM S.B. 1297 75(R) BILL ANALYSIS Senate Research Center S.B. 1297 By: Cain Health & Human Services 4-14-97 As Filed DIGEST 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. S.B. 1297 would provide for the uniform regulation of the physician, physician assistant, and acupuncturist professions. PURPOSE As proposed, S.B. 1297 outlines provisions and provides administrative penalties regarding disciplinary procedures and peer review for certain medical practitioners. RULEMAKING AUTHORITY Rulemaking authority is granted to the Texas State Board of Medical Examiners under SECTION 4(h) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 5.06(b), (d), (f), (i), (k), and (r), Article 4495b, V.T.C.S. (Medical Practice Act), to require each medical peer review committee or health-care entity to report to the Texas State Board of Medical Examiners (board) the results of any professional review action that affects the clinical privileges of a physician, physician assistant, or acupuncturist for a period longer than 30 days. Requires 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. Requires governing bodies and medical staffs of health-care entities and others to comply fully with a subpoena for documents or information issued by the board under Section 2.09(i) of this Act or Section 27(a), Article 4495b-1, V.T.C.S. (Physician Assistant Licensing Act). Makes conforming and nonsubstantive changes. SECTION 2. Amends Sections 5.06(s)(1) and (2), Article 4495b, V.T.C.S., to set forth instances in which the board is authorized to disclose certain confidential information. Makes conforming changes. SECTION 3. Amends Section 6.04(g), Article 44495b, V.T.C.S., to provide that the acupuncture board is subject to the open meetings law, the open records law, and 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, Article 4495b, V.T.C.S., by amending Subsection (a) and adding Subsection (h), to authorize disciplinary action to be taken, rather than suspended, probated, or revoked, after notice and hearing, in certain instances. 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.