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AN ACT
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relating to continuing education for physicians and nurses |
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regarding the treatment of tick-borne diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that tick-borne diseases |
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are an important public health issue in Texas. The legislature |
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further finds that medical and nursing education on the appropriate |
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care and treatment of tick-borne diseases is essential to the |
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delivery of necessary health care to individuals in Texas suffering |
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from tick-borne diseases. It is the intent of the legislature to |
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address the need for medical and nursing education on tick-borne |
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diseases through the continuing medical education requirements for |
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physicians and nurses. |
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SECTION 2. Subchapter B, Chapter 156, Occupations Code, is |
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amended by adding Section 156.059 to read as follows: |
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Sec. 156.059. CONTINUING EDUCATION IN TICK-BORNE DISEASES. |
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(a) A physician licensed under this subtitle who submits an |
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application for renewal of a license to practice medicine and whose |
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practice includes the treatment of tick-borne diseases is |
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encouraged to include continuing medical education in the treatment |
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of tick-borne diseases among the hours of continuing medical |
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education completed for purposes of rules adopted under Section |
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156.051(a)(2). |
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(b) The board shall adopt rules to establish the content of |
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and approval requirements for continuing medical education |
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relating to the treatment of tick-borne diseases. In adopting |
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rules, the board shall seek input from affected parties and review |
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relevant courses, including courses that have been approved in |
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other states. Rules adopted under this section must provide for the |
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identification and approval of accredited continuing medical |
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education courses that represent an appropriate spectrum of |
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relevant medical clinical treatment relating to tick-borne |
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diseases. |
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(c) If relevant, the board shall consider a physician's |
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participation in a continuing medical education course approved |
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under Subsection (b) if: |
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(1) the physician is being investigated by the board |
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regarding the physician's selection of clinical care for the |
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treatment of tick-borne diseases; and |
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(2) the physician completed the course not more than |
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two years before the start of the investigation. |
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(d) The board may adopt other rules to implement this |
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section. |
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SECTION 3. Subchapter G, Chapter 301, Occupations Code, is |
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amended by adding Section 301.304 to read as follows: |
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Sec. 301.304. CONTINUING EDUCATION IN TICK-BORNE DISEASES. |
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(a) As part of the continuing education requirements under Section |
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301.303, a license holder whose practice includes the treatment of |
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tick-borne diseases shall be encouraged to participate, during each |
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two-year licensing period, in continuing education relating to the |
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treatment of tick-borne diseases. |
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(b) The board shall adopt rules to identify the license |
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holders who are encouraged to complete continuing education under |
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Subsection (a) and establish the content of that continuing |
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education. In adopting rules, the board shall seek input from |
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affected parties and review relevant courses, including courses |
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that have been approved in other states. Rules adopted under this |
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section must provide that continuing education courses |
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representing an appropriate spectrum of relevant medical clinical |
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treatment relating to tick-borne diseases qualify as approved |
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continuing education courses for license renewal. |
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(c) If relevant, the board shall consider a license holder's |
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participation in a continuing education course approved under |
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Subsection (b) if: |
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(1) the license holder is being investigated by the |
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board regarding the license holder's selection of clinical care for |
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the treatment of tick-borne diseases; and |
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(2) the license holder completed the course not more |
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than two years before the start of the investigation. |
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(d) The board may adopt other rules to implement this |
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section, including rules under Section 301.303(c) for the approval |
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of education programs and providers. |
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SECTION 4. The Texas Medical Board and the Texas Board of |
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Nursing shall consult and cooperate in adopting the rules required |
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under Sections 156.059 and 301.304, Occupations Code, as added by |
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this Act. |
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SECTION 5. Not later than January 31, 2012, the Texas |
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Medical Board shall adopt rules required by Section 156.059, |
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Occupations Code, as added by this Act. |
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SECTION 6. Not later than January 31, 2012, the Texas Board |
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of Nursing shall adopt rules required by Section 301.304, |
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Occupations Code, as added by this Act. |
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SECTION 7. Not later than February 6, 2012, the Texas |
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Medical Board and the Texas Board of Nursing shall report to the |
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governor, the lieutenant governor, and the speaker of the house of |
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representatives concerning the adoption of rules as required by |
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Sections 156.059 and 301.304, Occupations Code, as added by this |
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Act. |
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SECTION 8. Subsection (c), Section 156.059, and Subsection |
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(c), Section 301.304, Occupations Code, as added by this Act, apply |
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only to the investigation of a complaint or a disciplinary action |
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based on a complaint filed on or after the effective date of this |
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Act. The investigation of a complaint or a disciplinary action |
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based on a complaint filed before that date is governed by the law |
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in effect on the date the complaint was filed, and that law is |
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continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2975 was passed by the House on May |
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12, 2011, by the following vote: Yeas 141, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2975 on May 27, 2011, by the following vote: Yeas 140, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2975 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |