80R8728 JMM-F

By: Delisi H.B. No. 3950

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.