79R9737 JMM-F
By: Delisi 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 Department of
State Health Services.
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 Center for Public Policy
Dispute Resolution at The University of Texas School of Law;
(4) a representative of the Health Law and Policy
Institute at the University of Houston;
(5) an employee of the Texas Legislative Council who
has expertise in scope of practice issues; and
(6) 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 commissioner of the
Department of State Health Services 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. (a)
A person who seeks to change the scope of practice of a health
profession, including a person who is a member of the relevant
licensing entity or a license holder in that profession, shall
notify the licensing entity and request a hearing on the proposal.
(b) On receipt of the request, the licensing entity shall
notify the commission and shall:
(1) collect data, including information from the
person making the request under Subsection (a) and other
appropriate persons, necessary to review the proposal;
(2) conduct a technical assessment of the proposal,
with the assistance of a technical advisory group established for
that specific purpose if necessary, to determine whether the
proposal is within the profession's current scope of practice; and
(3) provide the analysis, the entity's conclusions and
recommendations, if any, and the material collected by the entity
to the commission.
(c) The person making the request under Subsection (a) shall
provide to the licensing entity all information requested by the
entity.
Sec. 113.102. COMMISSION REVIEW AND ANALYSIS. (a) On
receipt of notice under Section 113.101, the commission shall
review and make recommendations on 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;
(D) whether potential benefits from the proposed
change outweigh any potential harm caused by the change; and
(E) the extent to which the proposed change would
affect the availability, accessibility, delivery, and quality of
health care in this state;
(4) evaluate the quality and quantity of the training
provided by health care professional degree curricula and
post-graduate training programs to health care professionals in
active practice with regard to the increased scope of practice
proposed; and
(5) whether a need exists for the change in the scope
of practice.
(c) The analysis performed by the commission must include:
(1) a review of other states and countries 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 or country;
(2) a review of any statutory or regulatory changes
that were required in the other state or country 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 or country.
Sec. 113.103. RECOMMENDATION; 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 evidence-based legislative
recommendations for each proposed change in the scope of practice
of a health profession submitted to the commission.
(c) A bill that proposes to expand, contract, or change the
scope of practice of a health profession that was not submitted to
the commission must include a statement to that effect.
Sec. 113.104. OTHER REVIEW AND RESEARCH DUTIES. As the
commission determines appropriate, the commission shall conduct
other reviews and perform research on issues related to the scope of
practice of a health profession, including retrospective reviews of
changes in the scope of practice.
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 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 and each licensing
entity 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.