By:  Zaffirini                                                    S.B. No. 39 
	(In the Senate - Filed November 8, 2004; January 31, 2005, 
read first time and referred to Committee on Education; 
April 20, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 5, Nays 0; April 20, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 39                                     By:  Zaffirini


A BILL TO BE ENTITLED

AN ACT


relating to continuing education in forensic evidence collection 
for certain physicians and nurses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 156, Occupations Code, is 
amended by adding Section 156.057 to read as follows:
	Sec. 156.057.  CONTINUING EDUCATION IN FORENSIC EVIDENCE 
COLLECTION.  (a)  A physician licensed under this subtitle who 
submits an application for renewal of a license to practice 
medicine, whose practice includes treating patients in an emergency 
room setting, and who is required under board rules to comply with 
this section shall complete at least two hours of continuing 
medical education relating to forensic evidence collection not 
later than:
		(1)  September 1, 2008; or                                             
		(2)  the second anniversary of the initial issuance of 
a license under this chapter to the license holder.
	(b)  The board shall adopt rules to identify the physicians 
who are required to complete continuing medical education under 
Subsection (a) and to establish the content of that continuing 
medical education.  The board may adopt other rules to implement 
this section.
	SECTION 2.  Subchapter G, Chapter 301, Occupations Code, is 
amended by adding Section 301.306 to read as follows:
	Sec. 301.306.  FORENSIC EVIDENCE COLLECTION COMPONENT IN 
CONTINUING EDUCATION.  (a)  As part of continuing education 
requirements under Section 301.303, a license holder who is 
employed to work in an emergency room setting and who is required 
under board rules to comply with this section shall complete at 
least two hours of continuing education relating to forensic 
evidence collection not later than:
		(1)  September 1, 2008; or                                             
		(2)  the second anniversary of the initial issuance of 
a license under this chapter to the license holder.
	(b)  The continuing education required under Subsection (a) 
must be part of a program approved under Section 301.303(c).
	(c)  The board shall adopt rules to identify the license 
holders who are required to complete continuing education under 
Subsection (a) and to establish the content of that continuing 
education.  The board may adopt other rules to implement this 
section, including rules under Section 301.303(c) for the approval 
of education programs and providers.
	SECTION 3.  Not later than June 1, 2006, the Texas State 
Board of Medical Examiners shall adopt the rules required by 
Section 156.057, Occupations Code, as added by this Act.
	SECTION 4.  Not later than January 1, 2006, the Board of 
Nurse Examiners shall adopt the rules required by Section 301.306, 
Occupations Code, as added by this Act.
	SECTION 5.  This Act takes effect September 1, 2005.                           



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