|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to continuing education for physicians and nurses |
|
regarding the treatment of tick-borne diseases. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The legislature finds that tick-borne diseases |
|
are an important public health issue in Texas. The legislature |
|
further finds that medical and nursing education on the appropriate |
|
care and treatment of tick-borne diseases is essential to the |
|
delivery of necessary health care to individuals in Texas suffering |
|
from tick-borne diseases. It is the intent of the legislature to |
|
address the need for medical and nursing education on tick-borne |
|
diseases through the continuing medical education requirements for |
|
physicians and nurses. |
|
SECTION 2. Subchapter B, Chapter 156, Occupations Code, is |
|
amended by adding Section 156.059 to read as follows: |
|
Sec. 156.059. CONTINUING EDUCATION IN TICK-BORNE DISEASES. |
|
(a) A physician licensed under this subtitle who submits an |
|
application for renewal of a license to practice medicine and whose |
|
practice includes the treatment of tick-borne diseases is |
|
encouraged to include continuing medical education in the treatment |
|
of tick-borne diseases among the hours of continuing medical |
|
education completed for purposes of rules adopted under Section |
|
156.051(a)(2). |
|
(b) The board shall adopt rules to establish the content of |
|
and approval requirements for continuing medical education |
|
relating to the treatment of tick-borne diseases. In adopting |
|
rules, the board shall review relevant courses, including courses |
|
that have been approved in other states. Rules adopted under this |
|
section must provide for the identification and approval of |
|
accredited continuing medical education courses that represent an |
|
appropriate spectrum of relevant medical clinical treatment |
|
relating to tick-borne diseases. |
|
(c) If relevant, the board shall consider a physician's |
|
participation in a continuing medical education course approved |
|
under Subsection (b) if: |
|
(1) the physician is being investigated by the board |
|
regarding the physician's selection of clinical care for the |
|
treatment of tick-borne diseases; and |
|
(2) the physician completed the course not more than |
|
two years before the start of the investigation. |
|
(d) The board may adopt other rules to implement this |
|
section. |
|
SECTION 3. Subchapter G, Chapter 301, Occupations Code, is |
|
amended by adding Section 301.304 to read as follows: |
|
Sec. 301.304. CONTINUING EDUCATION IN TICK-BORNE DISEASES. |
|
(a) As part of the continuing education requirements under Section |
|
301.303, a license holder whose practice includes the treatment of |
|
tick-borne diseases shall be encouraged to participate, during each |
|
two-year licensing period, in continuing education relating to the |
|
treatment of tick-borne diseases. |
|
(b) The board shall adopt rules to identify the license |
|
holders who are encouraged to complete continuing education under |
|
Subsection (a) and establish the content of that continuing |
|
education. In adopting rules, the board shall review relevant |
|
courses, including courses that have been approved in other states. |
|
Rules adopted under this section must provide for the |
|
identification and approval of accredited continuing education |
|
courses that represent an appropriate spectrum of relevant medical |
|
clinical treatment relating to tick-borne diseases. |
|
(c) If relevant, the board shall consider a license holder's |
|
participation in a continuing education course approved under |
|
Subsection (b) if: |
|
(1) the license holder is being investigated by the |
|
board regarding the license holder's selection of clinical care for |
|
the treatment of tick-borne diseases; and |
|
(2) the license holder completed the course not more |
|
than two years before the start of the investigation. |
|
(d) 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 4. The Texas Medical Board and the Texas Board of |
|
Nursing shall consult and cooperate in adopting the rules required |
|
under Sections 156.059 and 301.304, Occupations Code, as added by |
|
this Act. |
|
SECTION 5. Not later than January 31, 2012, the Texas |
|
Medical Board shall adopt rules required by Section 156.059, |
|
Occupations Code, as added by this Act. |
|
SECTION 6. Not later than January 31, 2012, the Texas Board |
|
of Nursing shall adopt rules required by Section 301.304, |
|
Occupations Code, as added by this Act. |
|
SECTION 7. Not later than February 6, 2012, the Texas |
|
Medical Board and the Texas Board of Nursing shall report to the |
|
governor, the lieutenant governor, and the speaker of the house of |
|
representatives concerning the adoption of rules as required by |
|
Sections 156.059 and 301.304, Occupations Code, as added by this |
|
Act. |
|
SECTION 8. Sections 156.059(c) and 301.304(c), Occupations |
|
Code, as added by this Act, apply only to the investigation of a |
|
complaint or a disciplinary action based on a complaint filed on or |
|
after the effective date of this Act. The investigation of a |
|
complaint or a disciplinary action based on a complaint filed |
|
before that date is governed by the law in effect on the date the |
|
complaint was filed, and that law is continued in effect for that |
|
purpose. |
|
SECTION 9. This Act takes effect September 1, 2011. |