|
|
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 and balanced |
|
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 provide information to |
|
the legislature to use when considering legislation proposing |
|
changes in the scope of practice of health professionals. |
|
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 Health |
|
Professions Council for purposes of staff support. The agencies |
|
and entities represented on the commission, to the extent |
|
practical, shall provide support to the commission in the discharge |
|
of the commission's duties. |
|
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 Health Professions |
|
Council; |
|
(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. |
|
Sec. 113.057. MEETINGS. (a) The commission shall meet at |
|
the call of the presiding officer or on petition of at least three |
|
commission members. |
|
(b) Notwithstanding Chapter 551, Government Code, or any |
|
other law, if any commission member is physically present at a |
|
meeting, any number of the other commission members may attend the |
|
meeting by use of telephone conference call, videoconferencing, or |
|
other similar telecommunication method for purposes of |
|
establishing a quorum or voting or for any other meeting purpose |
|
allowing a panel member to fully participate in any commission |
|
meeting. This subsection applies without regard to the subject |
|
matter discussed or considered by the commission at the meeting. |
|
(c) A meeting held by telephone conference call, |
|
videoconferencing, or other similar telecommunication method: |
|
(1) is subject to the notice requirements applicable |
|
to other meetings of the commission; |
|
(2) may not be held unless the notice of the meeting |
|
specifies the location of the meeting at which a member of the panel |
|
will be physically present; |
|
(3) must be open to the public and audible to the |
|
public at the location specified in the notice under Subdivision |
|
(2); and |
|
(4) must provide two-way audio communication between |
|
all commission members attending the meeting during the entire |
|
meeting, and, if the two-way audio communication link with any |
|
member attending the meeting is disrupted at any time, the meeting |
|
may not continue until the two-way audio communication link is |
|
reestablished. |
|
[Sections 113.058-113.100 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 in 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) analyze the advantages and disadvantages of 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; and |
|
(C) 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) a review of 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 in 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 |
|
commission shall provide to the legislator any analysis that the |
|
commission has performed on the proposed change 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 make available to each |
|
licensing entity and each professional association and group of |
|
health professions the results of the commission's analyses |
|
performed 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 support 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, 2007. |
|
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, 2007. |