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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of physicians, physician |
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assistants, acupuncturists, and surgical assistants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. REGULATION OF PHYSICIANS |
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SECTION 1.01. Subsection (b), Section 154.057, Occupations |
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Code, is amended to read as follows: |
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(b) The board shall complete a preliminary investigation of |
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the complaint not later than the 45th [30th] day after the date of |
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receiving the complaint. The board shall first determine whether |
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the physician constitutes a continuing threat to the public |
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welfare. On completion of the preliminary investigation, the board |
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shall determine whether to officially proceed on the complaint. If |
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the board fails to complete the preliminary investigation in the |
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time required by this subsection, the board's official |
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investigation of the complaint is considered to commence on that |
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date. |
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SECTION 1.02. Subsections (c) and (d), Section 155.0031, |
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Occupations Code, are amended to read as follows: |
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(c) Applicants for a license must subscribe to an oath [in
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writing before an officer authorized by law to administer oaths]. |
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The written oath is part of the application. |
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(d) An applicant must present proof satisfactory to the |
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board that: |
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(1) each medical school attended by the applicant is |
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substantially equivalent to a Texas medical school as determined by |
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board rule; or |
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(2) the applicant is specialty board certified by a |
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specialty board organization acceptable to the board. |
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SECTION 1.03. Section 155.004, Occupations Code, is amended |
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to read as follows: |
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Sec. 155.004. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR |
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GRADUATES OF CERTAIN FOREIGN MEDICAL SCHOOLS. A license applicant |
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who is a graduate of a medical school that is located outside the |
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United States and Canada must present proof satisfactory to the |
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board that the applicant: |
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(1) is a graduate of a school whose curriculum meets |
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the requirements for an unapproved medical school as determined by |
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a committee of experts selected by the Texas Higher Education |
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Coordinating Board; |
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(2) has successfully completed: |
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(A) at least three years of graduate medical |
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training in the United States or Canada that was approved by the |
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board; or |
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(B) at least two years of graduate medical |
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training in the United States or Canada that was approved by the |
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board and at least one year of graduate medical training outside the |
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United States or Canada that was approved for advanced standing by a |
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specialty board organization approved by the board; |
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(3) [is eligible for a license to practice medicine in
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the country in which the school is located, except for any
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citizenship requirements;
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[(4)] holds a valid certificate issued by the |
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Educational Commission for Foreign Medical Graduates; and |
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(4) [(5)] is able to communicate in English. |
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SECTION 1.04. Subsections (b) and (f), Section 164.003, |
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Occupations Code, are amended to read as follows: |
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(b) Rules adopted under this section must require that: |
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(1) an informal meeting in compliance with Section |
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2001.054, Government Code, be scheduled not later than the 180th |
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day after the date the board's official investigation of the |
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complaint is commenced as provided by Section 154.057(b), unless |
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good cause is shown by the board for scheduling the informal meeting |
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after that date; |
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(2) the board give notice to the license holder of the |
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time and place of the meeting not later than the 45th [30th] day |
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before the date the meeting is held; |
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(3) the complainant and the license holder be provided |
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an opportunity to be heard; |
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(4) at least one of the board members or district |
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review committee members participating in the informal meeting as a |
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panelist be a member who represents the public; |
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(5) the board's legal counsel or a representative of |
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the attorney general be present to advise the board or the board's |
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staff; and |
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(6) a member of the board's staff be at the meeting to |
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present to the board's representative the facts the staff |
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reasonably believes it could prove by competent evidence or |
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qualified witnesses at a hearing. |
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(f) The notice required by Subsection (b)(2) must be |
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accompanied by a written statement of the nature of the allegations |
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and the information the board intends to use at the meeting. If the |
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board does not provide the statement or information at that time, |
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the license holder may use that failure as grounds for rescheduling |
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the informal meeting. If the complaint includes an allegation that |
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the license holder has violated the standard of care, the notice |
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must include a copy of the report by the expert physician reviewer. |
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The license holder must provide to the board the license holder's |
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rebuttal at least 15 [five] business days before the date of the |
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meeting in order for the information to be considered at the |
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meeting. |
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ARTICLE 2. REGULATION OF PHYSICIAN ASSISTANTS |
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SECTION 2.01. Section 204.058, Occupations Code, is amended |
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to read as follows: |
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Sec. 204.058. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE LAW. |
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(a) Except as otherwise provided by this chapter, the physician |
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assistant board is subject to Chapters 551 and 2001, Government |
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Code. |
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(b) The physician assistant board may hear all evidence and |
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arguments and conduct deliberations relating to license |
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applications and disciplinary actions under this chapter in |
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executive sessions. The board shall vote and announce its |
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decisions in open session. Deliberations by the board relating to |
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license applications and disciplinary actions are exempt from |
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Chapter 551, Government Code. |
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SECTION 2.02. Subsections (a) and (b), Section 204.153, |
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Occupations Code, are amended to read as follows: |
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(a) To be eligible for a license under this chapter, an |
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applicant must: |
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(1) successfully complete an educational program for |
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physician assistants or surgeon assistants accredited by the |
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Committee on Allied Health Education and Accreditation or by that |
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committee's predecessor or successor entities; |
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(2) pass the Physician Assistant National Certifying |
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Examination administered by the National Commission on |
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Certification of Physician Assistants; |
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(3) hold a certificate issued by the National |
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Commission on Certification of Physician Assistants; |
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(4) be of good professional [moral] character; |
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(5) meet any other requirement established by board |
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rule; and |
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(6) pass a jurisprudence examination approved by the |
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physician assistant board as provided by Subsection (a-1). |
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(b) In addition to the requirements of Subsection (a), an |
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applicant is not eligible for a license[, unless the physician
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assistant board takes the fact into consideration in determining
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whether to issue the license,] if the applicant: |
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(1) has been issued a license, certificate, or |
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registration as a physician assistant in this state or from a |
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licensing authority in another state that is revoked or suspended; |
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or |
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(2) is subject to probation or other disciplinary |
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action for cause resulting from the applicant's acts as a physician |
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assistant. |
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SECTION 2.03. Section 204.155, Occupations Code, is amended |
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to read as follows: |
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Sec. 204.155. TEMPORARY LICENSE. [(a)] The physician |
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assistant board may adopt rules and set fees relating to granting |
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temporary licenses and extending the expiration dates of temporary |
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licenses. The board by rule shall set a time limit for the term of |
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[issue] a temporary license [to an applicant who:
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[(1)
meets all the qualifications for a license under
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this chapter but is waiting for the license to be issued at the next
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scheduled meeting of the board;
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[(2)
seeks to temporarily substitute for a licensed
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physician assistant during the license holder's absence, if the
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applicant:
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[(A)
is licensed or registered in good standing
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in another state;
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[(B)
submits an application on a form prescribed
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by the board; and
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[(C)
pays the appropriate fee prescribed by the
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board; or
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[(3)
has graduated from an educational program for
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physician assistants or surgeon assistants described by Section
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204.153(a)(1) not later than six months before applying for a
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temporary license and is waiting for examination results from the
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National Commission on Certification of Physician Assistants.
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[(b)
A temporary license may be valid for not more than one
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year after the date issued as determined by board rule]. |
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SECTION 2.04. Subchapter D, Chapter 204, Occupations Code, |
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is amended by adding Section 204.1551 to read as follows: |
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Sec. 204.1551. POSTGRADUATE TRAINING PERMIT. (a) The |
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physician assistant board by rule may issue a physician assistant |
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postgraduate training permit to a physician assistant not otherwise |
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licensed by the board who is participating in a graduate physician |
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assistant education training program approved by the board. |
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(b) A physician assistant postgraduate training permit does |
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not authorize the performance of a physician assistant act by the |
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permit holder unless the act is performed: |
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(1) as a part of the graduate medical education |
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training program; and |
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(2) under the supervision of a physician and a |
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physician assistant. |
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(c) The physician assistant board has jurisdiction to |
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discipline a permit holder whose permit has expired if the |
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violation of the law occurred during the time the permit was valid. |
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If an investigation is open when the permit expires, the permit |
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shall be executory and the board may retain jurisdiction. |
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SECTION 2.05. Section 204.156, Occupations Code, is amended |
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by adding Subsections (f-1) and (f-2) to read as follows: |
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(f-1) If the person's license has been expired for one year |
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or longer, the person's license is automatically canceled, unless |
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an investigation is pending, and the person may not renew the |
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license. |
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(f-2) A physician assistant whose license is automatically |
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canceled may obtain a new license by complying with the |
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requirements, fees, and procedures for obtaining a new license. |
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The physician assistant board may issue a new license without |
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examination to a person whose license is automatically canceled for |
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less than two years. |
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ARTICLE 3. REGULATION OF ACUPUNCTURISTS |
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SECTION 3.01. Section 205.060, Occupations Code, is amended |
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to read as follows: |
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Sec. 205.060. APPLICATION OF OPEN MEETINGS, OPEN RECORDS, |
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AND ADMINISTRATIVE PROCEDURE LAWS. (a) Except as provided by this |
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chapter, the acupuncture board is subject to Chapters 551, 552, and |
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2001, Government Code. |
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(b) The acupuncture board may hear all evidence and |
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arguments and conduct deliberations relating to license |
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applications and disciplinary actions under this chapter in |
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executive sessions. The board shall vote and announce its |
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decisions in open session. Deliberations by the board relating to |
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license applications and disciplinary actions are exempt from |
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Chapter 551, Government Code. |
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SECTION 3.02. Section 205.208, Occupations Code, is amended |
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to read as follows: |
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Sec. 205.208. TEMPORARY LICENSE. The acupuncture board may |
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adopt rules and recommend to the medical board fees relating to |
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granting temporary licenses and extending the expiration dates of |
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temporary licenses. The acupuncture board by rule shall set a time |
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limit for the term of a temporary license [(a)
The acupuncture
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board may, through the executive director, issue a temporary
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license to practice acupuncture to an applicant who:
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[(1)
submits an application on a form prescribed by
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the acupuncture board;
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[(2)
has passed a national or other examination
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recognized by the acupuncture board relating to the practice of
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acupuncture;
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[(3) pays the appropriate fee;
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[(4)
if licensed in another state, is in good standing
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as an acupuncturist; and
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[(5)
meets all the qualifications for a license under
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this chapter but is waiting for the next scheduled meeting of the
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medical board for the license to be issued.
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[(b)
A temporary license is valid for 100 days after the
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date issued and may be extended only for another 30 days after the
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date the initial temporary license expires]. |
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SECTION 3.03. Section 205.3544, Occupations Code, is |
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amended to read as follows: |
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Sec. 205.3544. LIMIT ON ACCESS TO INVESTIGATION FILES. |
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(a) Each complaint, adverse report, investigation file, other |
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investigation report, and other investigative information in the |
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possession of or received or gathered by the acupuncture board or a |
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medical board employee or agent relating to a license holder, an |
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application for license, or a criminal investigation or proceeding |
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is privileged and confidential and is not subject to discovery, |
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subpoena, or other means of legal compulsion for release to anyone |
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other than the acupuncture board or medical board employees or |
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agents involved in discipline of a license holder. |
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(b) Investigation records relating to an application for |
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license and disciplinary action of a license holder are exempt from |
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Chapter 552, Government Code. |
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(c) For purposes of this subsection, investigative |
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information includes information relating to the identity of, and a |
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report made by, a physician performing or supervising compliance |
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monitoring for the acupuncture board [The acupuncture board shall
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prohibit or limit access to an investigation file relating to a
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license holder in an informal proceeding in the manner provided by
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Section 164.007(c)]. |
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ARTICLE 4. REGULATION OF SURGICAL ASSISTANTS |
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SECTION 4.01. Subchapter B, Chapter 206, Occupations Code, |
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is amended by adding Section 206.059 to read as follows: |
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Sec. 206.059. MEDICAL BOARD MEETINGS; CONFIDENTIALITY. |
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(a) The medical board may hear all evidence and arguments and |
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conduct deliberations relating to license applications and |
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disciplinary actions under this chapter in executive sessions. The |
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medical board shall vote and announce its decisions in open |
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session. |
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(b) Deliberations and records relating to the professional |
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character and fitness of applicants as well as related to |
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disciplinary actions are exempt from Chapters 551 and 552, |
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Government Code. |
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SECTION 4.02. Subsection (a), Section 206.203, Occupations |
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Code, is amended to read as follows: |
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(a) Except as provided by Section 206.206, to be eligible |
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for a license, a person must: |
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(1) be of good professional [moral] character; |
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(2) have not been convicted of a felony or a crime |
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involving moral turpitude; |
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(3) not use drugs or alcohol to an extent that affects |
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the applicant's professional competency; |
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(4) not have had a license or certification revoked by |
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a licensing agency or by a certifying professional organization; |
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and |
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(5) not have engaged in fraud or deceit in applying for |
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a license under this chapter. |
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ARTICLE 5. TRANSITION PROVISIONS |
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SECTION 5.01. Sections 155.0031, 155.004, 204.153, |
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205.208, and 206.203, Occupations Code, as amended by this Act, |
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apply only to an application for a license filed with the applicable |
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licensing authority on or after the effective date of this Act. An |
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application for a license filed before the effective date of this |
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Act is governed by the law in effect on the date the application was |
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filed, and that law is continued in effect for that purpose. |
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SECTION 5.02. Sections 154.057 and 164.003, Occupations |
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Code, as amended by this Act, apply only to the investigation of a |
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complaint filed on or after the effective date of this Act. The |
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investigation of a complaint filed before that date is governed by |
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the law in effect on the date the complaint was filed, and that law |
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is continued in effect for that purpose. |
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SECTION 5.03. Section 204.058, Occupations Code, as amended |
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by this Act, and Subsection (b), Section 205.060, Occupations Code, |
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as added by this Act, apply only to a contested case hearing |
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conducted on or after the effective date of this Act. A contested |
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case filed before the effective date of this Act is governed by the |
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law in effect on the date the contested case was filed, and that law |
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is continued in effect for that purpose. |
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SECTION 5.04. Section 204.156, Occupations Code, as amended |
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by this Act, applies only to a license that expires on or after the |
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effective date of this Act. A license that expires before the |
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effective date of this Act is governed by the law in effect on the |
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date the license expires, and that law is continued in effect for |
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that purpose. |
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ARTICLE 6. EFFECTIVE DATE |
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SECTION 6.01. This Act takes effect September 1, 2009. |
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