BG S.B. 1566 75(R)    BILL ANALYSIS


PUBLIC HEALTH
S.B. 1566
By: Cain (Davila)
May 14, 1997
Committee Report (Amended)


BACKGROUND 

In 1993, the Texas Legislature provided for the licensure, regulation, and
discipline of acupuncturists and physician assistants through the creation
of two professional licensing boards, the Texas State Board of Acupuncture
Examiners and the Texas State Board of Physician Assistant Examiners, both
regulated by the Texas State Board of Medical Examiners.  Since
physicians, physician assistants, and acupuncturists work closely together
and their practice requirements are interwoven, it is intended that these
three boards regulate their practice.  This legislation aims to integrate
the practice of acupuncturists and physician assistants into the
regulation model for physicians.  S.B. 1566 also provides for changes to
the Medical Practice Act and the Assistant Licensing Act which will
subject physician assistants and acupuncturists to the same disciplinary
and enforcement procedures as physicians.   

PURPOSE

S.B. 1566 establishes licensing regulations for physician assistants and
acupuncturists, and provides an administrative penalty.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas State Board of Physician Assistant
Examiners in SECTION 2 (Section 19.125(d), Article 4495b-1, Vernon's Texas
Civil Statutes).   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 4(h), Physician Assistant Licensing Act (Article
4495b-1, Vernon's Texas Civil Statutes), to add the words "except as
provided by this Act" to the provision regarding the board being subject
to open meetings law and the Administrative Procedure Act. 

SECTION 2.  Amends Sections 18 and 19, and adds Section 19.125, Physician
Assistant Licensing Act (Article 4495b-1, Vernon's Texas Civil Statutes),
as follows: 

Sec. 18.  Adds language to allow the Texas State Board of Physician
Assistant Examiners (board) to refuse to issue a license to any person and
to take disciplinary action against any person who is convicted of a
felony or has imposition of deferred adjudication or pretrial diversion;
habitually uses drugs or intoxicating liquors to a certain extent; has had
the person's license or other authorization to practice as a physician
assistant suspended, revoked, or restricted, or who has had certain other
disciplinary action taken; fails to keep complete and accurate records of
purchases and disposal of certain drugs; writes a false or fictitious
prescription for a dangerous drug; prescribes, dispenses, or administers a
drug or treatment that is nontherapeutic; unlawfully advertises in a
false, misleading, or deceptive manner; alters any physician assistant
license, certificate, or diploma; uses any license, certificate, or
diploma that has been fraudulently purchased, issued, or counterfeited;
aids or abets the practice as a physician assistant by any person not duly
licensed to practice as a physician assistant by the board; is removed or
suspended or has certain disciplinary action taken; has repeated or
recurring meritorious health care liability claims that evidence
professional incompetence; or through practice as a physician assistant,
sexually abuses or exploits another person.  Deletes existing text
regarding the board's authority to publicly or  privately reprimand a
license holder, or suspend, revoke, or place other restrictions on a
license of certain persons.  Makes conforming changes.   

Sec. 19.  New heading:  DISCIPLINARY AUTHORITY.  Requires the board,
except as provided in Section 20 of this Act, if the board finds any
person to have committed any of the acts set forth in Section 18 of this
Act, to enter an order imposing certain disciplinary actions, including
denying the person's application for a license or other authorization;
assessing an administrative penalty; administering a public reprimand;
suspending, limiting, or restricting the person's license or other
authorization; and revoking the person's license or other authorization.
Deletes existing text regarding the board's authorization to take certain
additional disciplinary actions.  Makes conforming changes. 

Sec. 19.125.  ADMINISTRATIVE PENALTY.  Authorizes the board, by order, to
impose an administrative penalty against a person licensed or regulated
under this Act who violates this Act or a rule or order adopted under this
Act.  Authorizes the penalty to be in an amount not to exceed $5,000, and
provides that each day a violation continues is a separate violation.
Requires the amount of the penalty to be based on certain factors.
Requires the board, by rule, to prescribe the procedure by which it may
impose an administrative penalty.  Provides that all proceedings are
subject to Chapter 2001, Government Code.  Sets forth the terms by which
the board, if the board, by order, finds that a violation has occurred and
imposes an administrative penalty, is required to give notice to the
person of the board's order.  

 SECTION 3. Amends Section 28, Physician Assistant Licensing Act, (Article
4495b-1, Vernon's Texas Civil Statutes), as follows: 

Sec. 28.  New heading:  IMMUNITY AND REPORTING REQUIREMENTS.  Set forth
the terms by which certain persons are required to report relevant
information to the board related to the acts of any physician assistant in
this state if, in the opinion of those persons, a physician assistant
poses a continuing threat to the public welfare through the physician
assistant's practice.  Provides that the duty to report shall not be
nullified through contract.  
SECTION 4. 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, Vernon's Texas Civil Statutes) 

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 5. Amends Sections 5.06(s)(1) and (2), Medical Practice Act
(Article 4495b, Vernon's Texas Civil Statutes), 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 6. Effective date:  September 1, 1997.

SECTION 7. Emergency clause.  

EXPLANATION OF AMENDMENTS

The committee amendment adds a new section to amend Sec. 7, Physician
Assistant Licensing Act (Article 4495b-1, Vernon's Texas Civil Statutes)
to add "and holds a valid certificate issued by the National Commission on
Certification of Physician Assistants" to subdivision (3) of the provision
regarding the licensure qualifications of applicants.