SRC-MKV H.B. 3421 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3421
By: Farabee (Madla)
Health & Human Services
5/1/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, the Texas State Board of Physician Assistant Examiners
(board) does not have the authority to temporarily suspend a license under
the Physician Assistant Licensing Act. The Texas State Board of Medical
Examiners (medical board) has the authority to automatically suspend a
physician's license if a physician is incarcerated, but the board does not
have the same suspension authority over a physician assistant. In addition,
a temporary license issued by the board may only last 100 days. Because the
board meets only four times per year, a temporary license may expire before
the next meeting. H.B. 3421 grants the boards suspension powers and extends
the time period during which a temporary physician assistant license may be
valid.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 204.155(b), Occupations Code, to authorize a
temporary license to be valid for up to one year after the date issued as
determined by physician assistant board (board) rule. Deletes language
authorizing the license to be extended for not more than an additional 30
days after the expiration of the initial temporary license. 

SECTION 2.  Amends Chapter 204G, Occupations Code, by adding Sections
204.310 and 204.311, as follows: 

Sec. 204.310.  REQUIRED SUSPENSION OF LICENSE OF INCARCERATED PHYSICIAN
ASSISTANT.  Requires the board, regardless of the offense, to suspend the
license of a physician assistant serving a prison term in a state or
federal penitentiary during the term of incarceration. 

Sec. 204.311.  TEMPORARY SUSPENSION.  (a) Requires the president of the
board, with board approval, to appoint a three-member disciplinary panel
consisting of board members to determine whether a person's license to
practice as a physician assistant should be temporarily suspended. 

(b) Requires that if the disciplinary panel determines from the evidence or
information presented to the panel that a person licensed to practice
medicine as a physician assistant would, by the person's continuation in
practice, constitute a continuing threat to public welfare, the
disciplinary panel temporarily suspend the license of that person. 

(c) Authorizes a license to be suspended under this section without notice
or hearing on the complaint under certain conditions. 
 
(d) Authorizes the disciplinary panel, notwithstanding Chapter 551 (Open
Meetings),  Government Code, to hold a meeting by telephone conference call
if immediate action is required and convening of the panel at one location
is inconvenient for any member of the disciplinary panel. 

SECTION 3.  Effective date: September 1, 2001.