79R15330 JMM-F
By:  Delisi                                                       H.B. No. 2706
Substitute the following for H.B. No. 2706:                                   
By:  Dawson                                                   C.S.H.B. No. 2706
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Health Professions Scope of 
Practice Review Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle A, Title 3, Occupations Code, is 
amended by adding Chapter 113 to read as follows:
CHAPTER 113.  HEALTH PROFESSIONS SCOPE OF PRACTICE REVIEW 
COMMISSION
SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 113.001.  SHORT TITLE.  This chapter may be cited as the 
Scope of Practice Review Act.
	Sec. 113.002.  PURPOSE.  The purpose of this chapter is to:             
		(1)  provide a procedure for objective review of 
proposed changes in the scope of practice of health professionals 
licensed in this state to ensure that the changes contribute to the 
improvement of the overall health of people in this state; and
		(2)  establish a commission to make recommendations 
under Subdivision (1) to the legislature.
	Sec. 113.003.  DEFINITIONS.  In this chapter:                           
		(1)  "Commission" means the Health Professions Scope of 
Practice Review Commission.
		(2)  "Health profession" means a health-related 
activity or occupation for which a person must hold a license under 
this title.
		(3)  "License" includes a license, certificate, 
registration, permit, or other authorization issued by a licensing 
entity.
		(4)  "Licensing entity" means an agency, board, 
department, commission, or other entity that issues a license under 
this title to practice a specific health profession.
		(5)  "Scope of practice" means the activities that a 
person licensed to practice a health profession is permitted to 
perform, as prescribed by the appropriate statutes and by rules 
adopted by the appropriate licensing entity.
[Sections 113.004-113.050 reserved for expansion]
	SUBCHAPTER B.  COMMISSION
	Sec. 113.051.  HEALTH PROFESSIONS SCOPE OF PRACTICE REVIEW 
COMMISSION.  The Health Professions Scope of Practice Review 
Commission shall be administratively attached to the Office of 
Patient Protection.
	Sec. 113.052.  MEMBERSHIP.  (a)  The commission consists of 
the following members:
		(1)  the commissioner of the Department of State Health 
Services;    
		(2)  an employee of the Legislative Budget Board who 
works in the Texas Performance Review section;
		(3)  a representative of the Office of Patient 
Protection;           
		(4)  a representative of the Health Law and Policy 
Institute at the University of Houston;
		(5)  an employee of the Texas Higher Education 
Coordinating Board who has expertise in health care education 
issues;
		(6)  the director of the Sunset Advisory Commission;                   
		(7)  an employee of the Texas Legislative Council who 
has expertise in scope of practice issues; and
		(8)  two representatives of the public.                                
	(b)  A member who is an employee of a state agency or 
representative of an institution of higher education shall be 
designated by that agency or institution.
	(c)  The governor shall appoint the public members of the 
commission. 
	Sec. 113.053.  PRESIDING OFFICER.  The director of the 
Sunset Advisory Commission serves as the presiding officer of the 
commission.
	Sec. 113.054.  RESTRICTION ON PUBLIC MEMBERSHIP.  (a)  In 
this section, "Texas trade association" means a cooperative and 
voluntarily joined statewide association of business or 
professional competitors in this state designed to assist its 
members and its industry or profession in dealing with mutual 
business or professional problems and in promoting their common 
interest.
	(b)  A person may not be a public member of the commission if:          
		(1)  the person is an officer, employee, manager, or 
paid consultant of a Texas trade association in the field of health 
care;
		(2)  the person's spouse is an officer, manager, or paid 
consultant of a Texas trade association in the field of health care;
		(3)  the person is required to register as a lobbyist 
under Chapter 305, Government Code, because of the person's 
activities for compensation on behalf of a health profession 
related to the activities of the commission; or
		(4)  the person has a direct financial interest in a 
health care profession or is employed within the health care 
industry.
	Sec. 113.055.  COMPENSATION.  A member of the commission may 
not receive compensation for service as a commission member.
	Sec. 113.056.  SUBCOMMITTEES, WORKGROUPS, AND ADVISORY 
PANELS.  (a)  The commission may create subcommittees, workgroups, 
and advisory panels as needed to perform the commission's duties 
under this chapter.
	(b)  A subcommittee, workgroup, or advisory panel 
established under this section may consist of persons other than 
members of the commission.  The name, occupation, employer, and 
community of residence of the person must be made part of the record 
of the commission and detailed in any report resulting from the work 
of the subcommittee, workgroup, or advisory panel.
[Sections 113.057-113.100 reserved for expansion]
	SUBCHAPTER C.  SCOPE OF PRACTICE ANALYSIS
	Sec. 113.101.  REQUEST FOR CHANGE IN SCOPE OF PRACTICE 
ANALYSIS.  A member of the legislature may request in writing that 
an analysis be performed by the commission of a proposal to change 
the scope of practice of a health profession.
	Sec. 113.102.  COMMISSION REVIEW AND ANALYSIS.  (a)  On 
receipt of an analysis request under Section 113.101, the 
commission shall review the proposed change to the scope of 
practice.
	(b)  In performing the commission's duties under this 
section, the commission shall:
		(1)  provide appropriate public notice of the 
commission's proceedings;
		(2)  invite persons having special knowledge or 
expertise in the relevant field to testify regarding the proposed 
change;
		(3)  assess the proposed change according to the 
following criteria: 
			(A)  whether the proposed change could 
potentially harm the public health, safety, or welfare;
			(B)  whether the proposed change will benefit the 
public health, safety, or welfare;
			(C)  what economic impact the proposed change 
would likely have on the overall delivery of health care; and
			(D)  the extent to which the proposed change would 
affect the availability, accessibility, delivery, and quality of 
health care in this state; and
		(4)  evaluate the quality and quantity of the training 
provided by health care professional degree curricula and 
postgraduate training programs to health care professionals in 
active practice with regard to the increased scope of practice 
proposed.
	(c)  The analysis performed by the commission must include:             
		(1)  a review of other states that have a scope of 
practice for the relevant profession that is identical or similar 
to the proposed change and any available information on how that 
scope of practice has affected the quality and cost of health care 
in the state;
		(2)  a review of any statutory or regulatory changes 
that were required in the other state to implement the identical or 
similar change in the scope of practice; and
		(3)  an objective and balanced review that examines the 
extent to which the potential benefits predicted by proponents of 
the change or concerns raised by opponents of the change 
materialized after the change of the scope of practice took effect 
in the other state.
	Sec. 113.103.  REPORT.  (a)  The commission shall report, not 
later than December 31 of each even-numbered year, the results of 
the commission's reviews in the preceding biennium under Section 
113.102 to the:
		(1)  governor;                                                         
		(2)  lieutenant governor;                                              
		(3)  speaker of the house of representatives;                          
		(4)  standing committees of the senate and house of 
representatives having jurisdiction over state finance issues; and
		(5)  standing committees of the senate and house of 
representatives having jurisdiction over health and human services 
issues.
	(b)  The report must include an evidence-based legislative 
analysis of each proposed change in the scope of practice of a 
health profession that is submitted to the commission by a member of 
the legislature before August 31 of each even-numbered year.
	(c)  A member of the legislature who files a bill that 
proposes to change the scope of practice of a health profession may 
request the commission to analyze the bill.  If requested, the 
analysis must be provided to the legislator before second reading 
of the bill in the house in which the bill was filed.  The analysis 
shall be made available to the public.
	Sec. 113.104.  OTHER REVIEW AND RESEARCH DUTIES.  As the 
commission determines appropriate, the commission may perform 
ongoing research on issues related to the scope of practice of a 
health profession to prepare for legislative analysis requests.
	Sec. 113.105.  REQUIREMENTS PERTAINING TO NOTICE AND PUBLIC 
MEETINGS.  (a)  The commission shall notify annually each licensing 
entity and each professional association and group of health 
professions of the commission's and entity's duties under this 
chapter.
	(b)  A public hearing conducted under this chapter shall be 
open to the public and is subject to the requirements of Chapter 
551, Government Code.
	Sec. 113.106.  ASSISTANCE PROVIDED TO LEGISLATURE AND REVIEW 
PANELS.  (a)  The commission on request shall provide other 
assistance to the legislature with regard to a proposed change in 
the scope of practice of a health profession.
	(b)  The commission shall provide staff services to any 
review panel established under this chapter.
	Sec. 113.107.  RULES.  The commission shall adopt rules as 
necessary to administer the requirements of this chapter.
	SECTION 2.  The initial appointments to the Health 
Professions Scope of Practice Review Commission shall be made not 
later than December 31, 2005.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.