By: Uresti  S.B. No. 1625
         (In the Senate - Filed March 9, 2017; March 21, 2017, read
  first time and referred to Committee on Health & Human Services;
  May 5, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; May 5, 2017, sent
  to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1625 By:  Uresti
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the Texas Physician Assistant Board and the licensing
  and regulation of physician assistants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 204, Occupations Code, is
  amended by adding Section 204.0585 to read as follows:
         Sec. 204.0585.  EXECUTIVE SESSION. After hearing all
  evidence and arguments in an open meeting, the physician assistant
  board may conduct deliberations relating to a license application
  or disciplinary action in an executive session. The board shall
  vote and announce its decision in open session.
         SECTION 2.  Section 204.059, Occupations Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing physician assistant board
  operations;
               (2)  the [this chapter and the physician assistant
  board's] programs, functions, rules, and budget of the physician
  assistant board;
               (3)  the scope of and limitations on the rulemaking
  authority of the physician assistant board;
               (4) [(2)]  the results of the most recent formal audit
  of the physician assistant board;
               (5) [(3)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the
  physician assistant board in performing their duties; and
               (6) [(4)]  any applicable ethics policies adopted by
  the physician assistant board or the Texas Ethics Commission.
         (d)  The executive director of the medical board shall create
  a training manual that includes the information required by
  Subsection (b). The executive director shall distribute a copy of
  the training manual annually to each physician assistant board
  member. On receipt of the training manual, each board member shall
  sign and submit to the executive director a statement acknowledging
  receipt of the training manual.
         SECTION 3.  Subchapter D, Chapter 204, Occupations Code, is
  amended by adding Section 204.1525 to read as follows:
         Sec. 204.1525.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE. (a)  The physician assistant
  board shall require that an applicant for a license submit a
  complete and legible set of fingerprints, on a form prescribed by
  the board, to the board or to the Department of Public Safety for
  the purpose of obtaining criminal history record information from
  the Department of Public Safety and the Federal Bureau of
  Investigation.
         (b)  The physician assistant board may not issue a license to
  a person who does not comply with the requirement of Subsection (a).
         (c)  The physician assistant board shall conduct a criminal
  history record information check of each applicant for a license
  using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the board by the Department of
  Public Safety, the Federal Bureau of Investigation, and any other
  criminal justice agency under Chapter 411, Government Code.
         (d)  The physician assistant board may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history record information
  check required under this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history record information
  check.
         SECTION 4.  Section 204.153(a), Occupations Code, is amended
  to read as follows:
         (a)  To be eligible for a license under this chapter, an
  applicant must:
               (1)  successfully complete an educational program for
  physician assistants or surgeon assistants accredited by the
  Committee on Allied Health Education and Accreditation or by that
  committee's predecessor or successor entities;
               (2)  pass the Physician Assistant National Certifying
  Examination administered by the National Commission on
  Certification of Physician Assistants;
               (3)  hold a certificate issued by the National
  Commission on Certification of Physician Assistants;
               (4)  [be of good moral character;
               [(5)]  meet any other requirement established by
  physician assistant board rule; and
               (5) [(6)]  pass a jurisprudence examination approved
  by the physician assistant board as provided by Subsection (a-1).
         SECTION 5.  Section 204.156, Occupations Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  A license issued under this chapter is valid for a term
  of one or two years, as determined by physician assistant board
  rule.
         (a-1)  On notification from the physician assistant board, a
  person who holds a license under this chapter may renew the license
  by:
               (1)  paying the required renewal fee;
               (2)  submitting the appropriate form; and
               (3)  meeting any other requirement established by board
  rule.
         SECTION 6.  Subchapter D, Chapter 204, Occupations Code, is
  amended by adding Section 204.1561 to read as follows:
         Sec. 204.1561.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR RENEWAL. (a)  An applicant for renewal of a
  license issued under this chapter shall submit a complete and
  legible set of fingerprints for purposes of performing a criminal
  history record information check of the applicant as provided by
  Section 204.1525.
         (b)  The physician assistant board may administratively
  suspend or refuse to renew the license of a person who does not
  comply with the requirement of Subsection (a).
         (c)  A license holder is not required to submit fingerprints
  under this section for the renewal of the license if the holder has
  previously submitted fingerprints under:
               (1)  Section 204.1525 for the initial issuance of the
  license; or
               (2)  this section as part of a prior renewal of a
  license.
         SECTION 7.  Subchapter D, Chapter 204, Occupations Code, is
  amended by adding Section 204.158 to read as follows:
         Sec. 204.158.  REFUSAL FOR VIOLATION OF BOARD ORDER. The
  physician assistant board may refuse to renew a license issued
  under this chapter if the license holder is in violation of a
  physician assistant board order.
         SECTION 8.  Subchapter E, Chapter 204, Occupations Code, is
  amended by adding Section 204.210 to read as follows:
         Sec. 204.210.  PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN
  CONDUCT. (a)  A person may not suspend, terminate, or otherwise
  discipline, discriminate against, or retaliate against:
               (1)  a physician assistant who refuses to engage in an
  act or omission as provided by Subsection (b); or
               (2)  a person who advises a physician assistant of the
  physician assistant's rights under this section.
         (b)  A physician assistant may refuse to engage in an act or
  omission relating to patient care that would constitute grounds for
  reporting the physician assistant to the physician assistant board
  under Section 204.208 or that violates this chapter or a rule
  adopted under this chapter if the physician assistant notifies the
  person at the time of the refusal that the reason for refusing is
  that the act or omission:
               (1)  constitutes grounds for reporting the physician
  assistant to the physician assistant board; or
               (2)  is a violation of this chapter or a rule adopted
  under this chapter.
         (c)  An act by a person under Subsection (a) does not
  constitute a violation of this section if a medical peer review
  committee determines:
               (1)  that the act or omission the physician assistant
  refused to engage in was not:
                     (A)  conduct reportable to the physician
  assistant board under Section 204.208; or
                     (B)  a violation of this chapter or a rule adopted
  under this chapter; or
               (2)  that:
                     (A)  the act or omission in which the physician
  assistant refused to engage was conduct reportable to the physician
  assistant board or a violation of this chapter or a rule adopted
  under this chapter; and
                     (B)  the person:
                           (i)  rescinds any disciplinary or
  discriminatory action taken against the physician assistant;
                           (ii)  compensates the physician assistant
  for any lost wages; and
                           (iii)  restores to the physician assistant
  any lost benefits.
         (d)  A physician assistant's rights under this section may
  not be nullified by a contract.
         (e)  An appropriate licensing agency may take action against
  a person who violates this section.
         SECTION 9.  Section 204.313(a), Occupations Code, is amended
  to read as follows:
         (a)  In an informal meeting under Section 204.312, at least
  two panelists shall be appointed to determine whether an informal
  disposition is appropriate. At least one of the panelists must be a
  licensed physician assistant.
         SECTION 10.  (a)  Except as provided by Subsection (b) of
  this section, Section 204.059, Occupations Code, as amended by this
  Act, applies to a member of the Texas Physician Assistant Board
  appointed before, on, or after the effective date of this Act.
         (b)  A member of the Texas Physician Assistant Board who,
  before the effective date of this Act, completed the training
  program required by Section 204.059, Occupations Code, as that law
  existed before the effective date of this Act, is only required to
  complete additional training on the subjects added by this Act to
  the training program required by Section 204.059, Occupations Code.
  A board member described by this subsection may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the board held on or after December 1, 2017, until the member
  completes the additional training.
         SECTION 11.  Not later than September 1, 2019, the Texas
  Physician Assistant Board shall obtain criminal history record
  information on each person who, on the effective date of this Act,
  holds a license issued under Chapter 204, Occupations Code, and did
  not undergo a criminal history record information check based on
  the license holder's fingerprints on the initial application for
  the license.  The Texas Physician Assistant Board may suspend the
  license of a license holder who does not provide the criminal
  history record information as required by the board and this
  section.
         SECTION 12.  Section 204.210, Occupations Code, as added by
  this Act, applies only to an act or omission that occurs on or after
  the effective date of this Act.  An act or omission that occurs
  before the effective date of this Act is governed by the law in
  effect on the date the act or omission occurred, and the former law
  is continued in effect for that purpose.
         SECTION 13.  This Act takes effect September 1, 2017.
 
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