By: Paddie H.B. No. 1504
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Medical
  Board; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 151.004, Occupations Code, is amended to
  read as follows:
         Sec. 151.004.  APPLICATION OF SUNSET ACT. The Texas Medical
  Board is subject to Chapter 325, Government Code (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the board is abolished and this subtitle and Chapters 204, 205, 206,
  601, 602, 603, and 604 expire September 1, 2031 [2019].
         SECTION 2.  Section 152.010, 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 board operations [this
  subtitle];
               (2)  the programs, functions, rules, and budget of
  [operated by] the board;
               (3)  the scope of and limitations on the rulemaking
  authority [role and functions] of the board;
               (4)  [the rules of the board, with an emphasis on the
  rules that relate to disciplinary and investigatory authority;
               [(5)  the current budget for the board;
               [(6)]  the results of the most recent formal audit of
  the board;
               (5) [(7)]  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 board
  in performing their duties; and
               (6) [(8)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director of the 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 board member. Each board
  member shall sign and submit to the executive director a statement
  acknowledging that the member received the training manual.
         SECTION 3.  Section 153.058(a), Occupations Code, is amended
  to read as follows:
         (a)  The board shall develop and implement a policy to
  encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of any rules by the board
  [rules]; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the board's
  jurisdiction.
         SECTION 4.  Section 154.006, Occupations Code, is amended by
  amending Subsections (b), (g), (i), (j), and (k) and adding
  Subsections (b-1), (i-1), and (l) to read as follows:
         (b)  Except as otherwise provided by this section, a [A]
  profile must contain the following information on each physician:
               (1)  the name of each medical school attended and the
  dates of:
                     (A)  graduation; or
                     (B)  Fifth Pathway designation and completion of
  the Fifth Pathway Program;
               (2)  a description of all graduate medical education in
  the United States or Canada;
               (3)  any specialty certification held by the physician
  and issued by a medical licensing board that is a member of the
  American Board of Medical Specialties or the Bureau of Osteopathic
  Specialists;
               (4)  the number of years the physician has actively
  practiced medicine in:
                     (A)  the United States or Canada; and
                     (B)  this state;
               (5)  the name of each hospital in this state in which
  the physician has privileges;
               (6)  the physician's primary practice location;
               (7)  the type of language translating services,
  including translating services for a person with impairment of
  hearing, that the physician provides at the physician's primary
  practice location;
               (8)  whether the physician participates in the Medicaid
  program;
               (9)  a description of any conviction for a felony, a
  Class A or Class B misdemeanor, or a Class C misdemeanor involving
  moral turpitude;
               (10)  a description of any charges reported to the
  board to which the physician has pleaded no contest, for which the
  physician is the subject of deferred adjudication or pretrial
  diversion, or in which sufficient facts of guilt were found and the
  matter was continued by a court;
               (11)  a description of any disciplinary action against
  the physician by the board;
               (12)  a description of any disciplinary action against
  the physician by a medical licensing board of another state;
               (13)  a description of the final resolution taken by
  the board on medical malpractice claims or complaints required to
  be opened by the board under Section 164.201;
               (14)  whether the physician's patient service areas are
  accessible to disabled persons, as defined by federal law;
               (15)  a description of any formal complaint against the
  physician initiated and filed under Section 164.005 and the status
  of the complaint; and
               (16)  a description of any medical malpractice claim
  against the physician, not including a description of any offers by
  the physician to settle the claim, for which the physician was found
  liable, a jury awarded monetary damages to the claimant, and the
  award has been determined to be final and not subject to further
  appeal.
         (b-1)  On or after the fifth anniversary of the date a
  remedial plan is issued under Section 164.0015, the board may
  remove from the profile of the physician subject to the plan any
  information regarding the plan and the complaint resolved by the
  plan unless:
               (1)  the complaint was related to the delivery of
  health care; or
               (2)  more than one remedial plan has been issued to
  resolve complaints alleging the same violation by the physician,
  including a complaint not related to the delivery of health care.
         (g)  Except as otherwise provided by this section, the [The]
  board shall update the information contained in a physician's
  profile annually[, except that information provided under
  Subsection (i) shall be updated not later than the 10th working day
  after the date the formal complaint is filed or the board's order is
  issued]. The board shall adopt a form that allows a physician to
  update information contained in a physician's profile. The form
  shall be made available on the Internet and in other formats as
  prescribed by board rule. The board may adopt rules concerning the
  type and content of additional information that may be included in a
  physician's profile.
         (i)  In addition to the information required by Subsection
  (b) and except as otherwise provided by this section, a profile must
  be updated to contain the text of a formal complaint filed under
  Section 164.005 against the physician or of a board order related to
  the formal complaint not later than the 10th working day after the
  date the complaint is filed.
         (i-1)  Not later than the 10th working day after the date the
  board issues a final order related to a formal complaint filed under
  Section 164.005 against a physician, the board shall:
               (1)  remove from the physician's profile any record of
  the formal complaint or any prior disciplinary action related to
  the formal complaint; and
               (2)  update the physician's profile to contain the
  board's final order.
         (j)  Information included in a physician's profile under
  Subsections (b), [and] (i), and (i-1) may not include any patient
  identifying information.
         (k)  Not later than the 10th working day after the date the
  board dismisses [In the annual update of a physician's profile
  under Subsection (g), the board shall remove any record of] a formal
  complaint against a physician required to be included in the
  physician's profile under Subsection (b)(15) or (i) [if the
  complaint was dismissed more than five years before the date of the
  update and the complaint was dismissed] as baseless, unfounded, or
  not supported by sufficient evidence that a violation occurred, or
  resolves the complaint and takes no action [was taken] against the
  physician's license as a result of the complaint, the board shall:
               (1)  remove from the physician's profile any record of
  the formal complaint or any prior disciplinary action related to
  the formal complaint; and
               (2)  update the physician's profile to contain the
  board's final order dismissing or resolving the complaint.  
         (l)  If no action is taken against a physician's license as a
  result of an [The board shall also remove any record of the]
  investigation of medical malpractice claims or complaints required
  to be investigated by the board under Section 164.201, the board
  shall, not later than the 10th working day after the date the board
  resolves the investigation, remove any record of the investigation
  from the physician's profile [if the investigation was resolved
  more than five years before the date of the update and no action was
  taken against the physician's license as a result of the
  investigation].
         SECTION 5.  Section 154.057, Occupations Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Except as provided by Subsection (b-1), the [The] board
  shall complete a preliminary investigation of the complaint not
  later than the 45th day after the date of receiving the complaint.  
  The board shall first determine whether the physician constitutes a
  continuing threat to the public welfare.  On completion of the
  preliminary investigation, the board shall determine whether to
  officially proceed on the complaint.  If the board fails to complete
  the preliminary investigation in the time required by this
  subsection, the board's official investigation of the complaint is
  considered to commence on that date.
         (b-1)  The board, for good cause, may extend a preliminary
  investigation under Subsection (b) for not more than 15 days after
  the date required for completion under that subsection.
         SECTION 6.  Subchapter A, Chapter 155, Occupations Code, is
  amended by adding Section 155.011 to read as follows:
         Sec. 155.011.  EXPEDITED LICENSING PROCESS FOR CERTAIN
  OUT-OF-STATE APPLICANTS. The board by rule shall develop and
  implement an expedited licensing process for an applicant who is
  considered to have satisfied the examination requirements of this
  chapter under Section 155.0561(d).
         SECTION 7.  Section 155.056(a), Occupations Code, is amended
  to read as follows:
         (a)  Except as otherwise provided by Subsection (a-1) and
  Section 155.0561, an applicant must pass each part of an
  examination within three attempts.
         SECTION 8.  Subchapter B, Chapter 155, Occupations Code, is
  amended by adding Section 155.0561 to read as follows:
         Sec. 155.0561.  EXCEPTIONS TO EXAMINATION ATTEMPT LIMITS FOR
  CERTAIN OUT-OF-STATE APPLICANTS. (a) In this section:
               (1)  "Active practice" means the practice of medicine
  by a person after successful completion of a residency, fellowship,
  or other supervised training program.
               (2)  "Full license" means a license to practice
  medicine that is not a training license, a permit, or any other form
  of authority to practice medicine issued to a person while the
  person is completing or enrolled in a residency, fellowship, or
  other supervised training program.
         (b)  This section applies only to an applicant who:
               (1)  has successfully completed a graduate medical
  education program approved by the board;
               (2)  holds a full license and is in good standing as a
  physician in another state or Canada;
               (3)  does not hold and has never held a medical license
  subject to any restriction, disciplinary order, or probation;
               (4)  is not and has never been the subject of a peer
  review that has resulted or may result in limitation, restriction,
  suspension, or other adverse impact on the applicant's hospital or
  other medical facility privileges; and
               (5)  is not under investigation by any licensing or law
  enforcement agency.
         (c)  An applicant described by Subsection (b) who has held a
  full license and been in active practice for at least one year but
  less than five years and has passed within three attempts all but
  one part of the examination approved by the board is considered to
  have satisfied the examination requirements of this chapter if the
  applicant passed the remaining part of the examination within:
               (1)  one additional attempt; or
               (2)  three additional attempts, if the applicant is
  specialty board certified by a specialty board that is:
                     (A)  a member of the American Board of Medical
  Specialties; or
                     (B)  approved by the American Osteopathic
  Association.
         (d)  An applicant described by Subsection (b) who has held a
  full license and been in active practice for at least five years is
  considered to have satisfied the examination requirements of this
  chapter regardless of the type of examination the applicant passed
  or the number of attempts within which the applicant passed the
  examination or any part of the examination.
         SECTION 9.  Section 162.106, Occupations Code, is amended to
  read as follows:
         Sec. 162.106.  INSPECTIONS. (a) The board may conduct
  inspections [to enforce this subchapter, including inspections of
  an office site and of documents] of a physician's equipment and
  office procedures [practice] that relate to the provision of
  anesthesia in an outpatient setting as necessary to enforce this
  subchapter.
         (b)  The board may establish a risk-based inspection process
  in which the board conducts inspections based on the length of time
  since:
               (1)  the equipment and outpatient setting were last
  inspected; and
               (2)  the physician submitted to inspection.
         (c)  The board may contract with another state agency or
  qualified person to conduct the inspections.
         (d) [(b)]  Unless it would jeopardize an ongoing
  investigation, the board shall provide at least five business days'
  notice before conducting an on-site inspection under this section.
         (e)  The board shall maintain a record of the outpatient
  settings in which physicians provide anesthesia.
         (f)  A physician who provides anesthesia in an outpatient
  setting shall inform the board of any other physician with whom the
  physician shares equipment used to administer anesthesia.
         (g) [(c)]  This section does not require the board to make an
  on-site inspection of a physician's office.
         SECTION 10.  Section 164.0015(d), Occupations Code, is
  amended to read as follows:
         (d)  The board may not issue a remedial plan to resolve a
  complaint against a license holder if the license holder has
  [previously] entered into a remedial plan with the board in the
  preceding five years [for the resolution of a different complaint
  relating to this subtitle].
         SECTION 11.  Section 164.003, Occupations Code, is amended
  by amending Subsections (b) and (f) and adding Subsection (f-1) to
  read as follows:
         (b)  Rules adopted under this section must require that:
               (1)  an informal meeting in compliance with Section
  2001.054, Government Code, be scheduled not later than the 180th
  day after the date the board's official investigation of the
  complaint is commenced as provided by Section 154.057(b), unless
  good cause is shown by the board for scheduling the informal meeting
  after that date;
               (2)  the board give notice to the license holder of the
  time and place of the meeting not later than the 45th day before the
  date the meeting is held;
               (3)  the complainant and the license holder be provided
  an opportunity to be heard;
               (4)  at least one of the board members or district
  review committee members participating in the informal meeting as a
  panelist be a member who represents the public;
               (5)  the board's legal counsel or a representative of
  the attorney general be present to advise the board or the board's
  staff; [and]
               (6)  a member of the board's staff be at the meeting to
  present to the board's representative the facts the staff
  reasonably believes it could prove by competent evidence or
  qualified witnesses at a hearing; and
               (7)  if the complaint includes an allegation that the
  license holder has violated the standard of care, the panel
  conducting the informal proceeding consider whether the physician
  was practicing complementary and alternative medicine.
         (f)  The notice required by Subsection (b)(2) must be
  accompanied by a written statement of the nature of the allegations
  and the information the board intends to use at the meeting. If the
  board does not provide the statement or information at that time,
  the license holder may use that failure as grounds for rescheduling
  the informal meeting. If the complaint includes an allegation that
  the license holder has violated the standard of care, the notice
  must include a copy of each [the] report prepared by an [the] expert
  physician reviewer under Section 154.0561. The license holder must
  provide to the board the license holder's rebuttal at least 15
  business days before the date of the meeting in order for the
  information to be considered at the meeting.
         (f-1)  Before providing a report to a license holder under
  Subsection (f), the board must redact any identifying information
  of an expert physician reviewer other than the specialty of the
  expert physician reviewer.
         SECTION 12.  Sections 164.005(a) and (c), Occupations Code,
  are amended to read as follows:
         (a)  In this section, "formal complaint" means a written
  statement made by a credible person [under oath] that is filed and
  presented by a board representative charging a person with having
  committed an act that, if proven, could affect the legal rights or
  privileges of a license holder or other person under the board's
  jurisdiction.
         (c)  A charge must [be in the form of a written affidavit
  that]:
               (1)  be [is] filed with the board's records custodian or
  assistant records custodian; and
               (2)  detail [details] the nature of the charge as
  required by this subtitle or other applicable law.
         SECTION 13.  Sections 164.006(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  Notice [Service of process] to [notify] the respondent
  of a hearing about the charges against the person must be served:
               (1)  in accordance with Chapter 2001, Government Code;
  and
               (2)  by certified mail.
         (b)  If notice [service] described by Subsection (a) is
  impossible or cannot be effected, the board shall publish once a
  week for two successive weeks a notice of the hearing in a newspaper
  published in the county of the last known place of practice in this
  state of the person, if known.
         SECTION 14.  Sections 164.007(a) and (a-1), Occupations
  Code, are amended to read as follows:
         (a)  The board by rule shall adopt procedures governing
  formal disposition of a contested case under Chapter 2001,
  Government Code.  A formal hearing shall be conducted by an
  administrative law judge employed by the State Office of
  Administrative Hearings.  After receiving the administrative law
  judge's findings of fact and conclusions of law, the board shall:
               (1)  dispose of the contested case by issuing a final
  order based on the administrative law judge's findings of fact and
  conclusions of law; or
               (2)  appeal the administrative law judge's findings of
  fact and conclusions of law in the manner provided by Section
  164.0072.
         (a-1)  Notwithstanding Section 2001.058(e), Government
  Code, the board may not change a finding of fact or conclusion of
  law or vacate or modify an order of the administrative law judge.  
  [The board may obtain judicial review of any finding of fact or
  conclusion of law issued by the administrative law judge as
  provided by Section 2001.058(f)(5), Government Code.]  For each
  case, the board has the sole authority and discretion to determine
  the appropriate action or sanction. The [, and the] administrative
  law judge may not make any recommendation regarding the appropriate
  action or sanction.
         SECTION 15.  Subchapter A, Chapter 164, Occupations Code, is
  amended by adding Section 164.0072 to read as follows:
         Sec. 164.0072.  BOARD APPEAL OF FINDINGS OF FACT AND
  CONCLUSIONS OF LAW. (a) The board may, before disposing of a
  contested case by issuing a final order, obtain judicial review of
  any finding of fact or conclusion of law issued by the
  administrative law judge by filing suit in a Travis County district
  court not later than the 30th day after the date the findings of
  fact and conclusions of law are issued. 
         (b)  The board shall join in a suit filed under this section
  the respondent in the contested case for which the board seeks to
  obtain judicial review.
         (c)  The scope of judicial review under this section is the
  same as the scope of judicial review provided for an appeal under
  Section 164.009.
         (d)  After the court issues a final order in a suit filed
  under this section, the board shall dispose of the contested case by
  issuing a final order based on the court's final order.  The
  respondent may not appeal a sanction ordered by the board unless the
  sanction exceeds the board's published sanctions guidelines.
         SECTION 16.  Section 164.052(a), Occupations Code, is
  amended to read as follows:
         (a)  A physician or an applicant for a license to practice
  medicine commits a prohibited practice if that person:
               (1)  submits to the board a false or misleading
  statement, document, or certificate in an application for a
  license;
               (2)  presents to the board a license, certificate, or
  diploma that was illegally or fraudulently obtained;
               (3)  commits fraud or deception in taking or passing an
  examination;
               (4)  uses alcohol or drugs in an intemperate manner
  that, in the board's opinion, could endanger a patient's life;
               (5)  commits unprofessional or dishonorable conduct
  that is likely to deceive or defraud the public, as provided by
  Section 164.053, or injure the public;
               (6)  uses an advertising statement that is false,
  misleading, or deceptive;
               (7)  advertises professional superiority or the
  performance of professional service in a superior manner if that
  advertising is not readily subject to verification;
               (8)  purchases, sells, barters, or uses, or offers to
  purchase, sell, barter, or use, a medical degree, license,
  certificate, or diploma, or a transcript of a license, certificate,
  or diploma in or incident to an application to the board for a
  license to practice medicine;
               (9)  alters, with fraudulent intent, a medical license,
  certificate, or diploma, or a transcript of a medical license,
  certificate, or diploma;
               (10)  uses a medical license, certificate, or diploma,
  or a transcript of a medical license, certificate, or diploma that
  has been:
                     (A)  fraudulently purchased or issued;
                     (B)  counterfeited; or
                     (C)  materially altered;
               (11)  impersonates or acts as proxy for another person
  in an examination required by this subtitle for a medical license;
               (12)  engages in conduct that subverts or attempts to
  subvert an examination process required by this subtitle for a
  medical license;
               (13)  impersonates a physician or permits another to
  use the person's license or certificate to practice medicine in
  this state;
               (14)  directly or indirectly employs a person whose
  license to practice medicine has been suspended, canceled, or
  revoked;
               (15)  associates in the practice of medicine with a
  person:
                     (A)  whose license to practice medicine has been
  suspended, canceled, or revoked; or
                     (B)  who has been convicted of the unlawful
  practice of medicine in this state or elsewhere;
               (16)  performs or procures a criminal abortion, aids or
  abets in the procuring of a criminal abortion, attempts to perform
  or procure a criminal abortion, or attempts to aid or abet the
  performance or procurement of a criminal abortion;
               (17)  directly or indirectly aids or abets the practice
  of medicine by a person, partnership, association, or corporation
  that is not licensed to practice medicine by the board;
               (18)  performs an abortion on a woman who is pregnant
  with a viable unborn child during the third trimester of the
  pregnancy unless:
                     (A)  the abortion is necessary to prevent the
  death of the woman;
                     (B)  the viable unborn child has a severe,
  irreversible brain impairment; or
                     (C)  the woman is diagnosed with a significant
  likelihood of suffering imminent severe, irreversible brain damage
  or imminent severe, irreversible paralysis;
               (19)  performs an abortion on an unemancipated minor
  without the written consent of the child's parent, managing
  conservator, or legal guardian or without a court order, as
  provided by Section 33.003 or 33.004, Family Code, unless the
  abortion is necessary due to a medical emergency, as defined by
  Section 171.002, Health and Safety Code;
               (20)  otherwise performs an abortion on an
  unemancipated minor in violation of Chapter 33, Family Code; [or]
               (21)  performs or induces or attempts to perform or
  induce an abortion in violation of Subchapter C, F, or G, Chapter
  171, Health and Safety Code; or
               (22)  in complying with the procedures outlined in
  Sections 166.045 and 166.046, Health and Safety Code, wilfully
  fails to make a reasonable effort to transfer a patient to a
  physician who is willing to comply with a directive.
 
         SECTION 17.  Chapter 167, Occupations Code, is amended by
  adding Sections 167.012 and 167.013 to read as follows:
         Sec. 167.012.  MEMORANDUM OF UNDERSTANDING WITH BOARD. The
  governing board and the board shall enter into a memorandum of
  understanding to better coordinate services and operations of the
  program. The memorandum of understanding must be adopted by rule
  and:
               (1)  establish performance measures for the program,
  including the number of participants who successfully complete the
  program;
               (2)  include a list of services the board will provide
  for the program; and
               (3)  require that an internal audit of the program be
  conducted at least once every three years to ensure the program is
  properly documenting and referring all noncompliance to the board.
         Sec. 167.013.  GIFTS, GRANTS, AND DONATIONS. In addition to
  any fees paid to the board or money appropriated to the board for
  the program, the governing board may receive and accept a gift,
  grant, donation, or other thing of value from any source, including
  the United States or a private source, for the program.
         SECTION 18.  Section 205.057, 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 acupuncture board operations
  [this chapter];
               (2)  the programs, [operated by the acupuncture board;
               [(3)  the role and] functions, rules, and budget of the
  acupuncture board;
               (3) [(4)]  the scope of and limitations on the
  rulemaking authority [rules] of the acupuncture board;
               (4) [(5)  the current budget for the acupuncture board;
               [(6)]  the results of the most recent formal audit of
  the acupuncture board;
               (5) [(7)]  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
  acupuncture board in performing their duties; and
               (6) [(8)]  any applicable ethics policies adopted by
  the acupuncture board or the Texas Ethics Commission.
         (d)  The executive director 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 acupuncture board member. Each board member shall
  sign and submit to the executive director a statement acknowledging
  that the member received the training manual.
         SECTION 19.  Subchapter E, Chapter 205, Occupations Code, is
  amended by adding Section 205.2025 to read as follows:
         Sec. 205.2025.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE. (a) The acupuncture 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 acupuncture board may not issue a license to a
  person who does not comply with the requirement of Subsection (a).
         (c)  The acupuncture 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 acupuncture 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 20.  Subchapter F, Chapter 205, Occupations Code, is
  amended by adding Section 205.2515 to read as follows:
         Sec. 205.2515.  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 205.2025.
         (b)  The acupuncture 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 205.2025 for the initial issuance of the
  license; or
               (2)  this section as part of a prior renewal of a
  license.
         SECTION 21.  Subchapter E, Chapter 206, Occupations Code, is
  amended by adding Section 206.2025 to read as follows:
         Sec. 206.2025.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE. (a) The medical 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 medical board may not issue a license to a person who
  does not comply with the requirement of Subsection (a).
         (c)  The medical 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 medical 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 22.  Section 206.203(a), Occupations Code, is
  amended to read as follows:
         (a)  Except as provided by Section 206.206, to be eligible
  for a license, a person must:
               (1)  [be of good moral character;
               [(2)]  have not been convicted of a felony or a crime
  involving moral turpitude;
               (2) [(3)]  not use drugs or alcohol to an extent that
  affects the applicant's professional competency;
               (3) [(4)]  not have had a license or certification
  revoked by a licensing agency or by a certifying professional
  organization; and
               (4) [(5)]  not have engaged in fraud or deceit in
  applying for a license under this chapter.
         SECTION 23.  Subchapter E, Chapter 206, Occupations Code, is
  amended by adding Section 206.2105 to read as follows:
         Sec. 206.2105.  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 206.2025.
         (b)  The medical 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 206.2025 for the initial issuance of the
  license; or
               (2)  this section as part of a prior renewal of a
  license.
         SECTION 24.  Section 601.002, Occupations Code, is amended
  by adding Subdivisions (10-a) and (10-b) to read as follows:
               (10-a)  "Radiologist" means a physician specializing
  in radiology certified by or board-eligible for the American Board
  of Radiology, the American Osteopathic Board of Radiology, the
  Royal College of Radiologists, or the Royal College of Physicians
  and Surgeons of Canada.
               (10-b)  "Radiologist assistant" means an
  advanced-level medical radiologic technologist who is certified
  as:
                     (A)  a registered radiologist assistant by the
  American Registry of Radiologic Technologists; or
                     (B)  a radiology practitioner assistant by the
  Certification Board for Radiology Practitioner Assistants.
         SECTION 25.  Section 601.030, 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 advisory board operations;
               (2)  [this chapter and] the [advisory board's]
  programs, functions, rules, and budget of the advisory board;
               (3)  the scope of and limitations on the rulemaking
  authority of the advisory board;
               (4) [(2)]  the results of the most recent formal audit
  of the advisory 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
  advisory board in performing their duties; and
               (6) [(4)]  any applicable ethics policies adopted by
  the advisory 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 advisory board member. Each
  board member shall sign and submit to the executive director a
  statement acknowledging that the member received the training
  manual.
         SECTION 26.  Sections 601.102(b) and (c), Occupations Code,
  are amended to read as follows:
         (b)  The advisory board may issue to a person:
               (1)  a general certificate to perform radiologic
  procedures; [or]
               (2)  a limited certificate that authorizes the person
  to perform radiologic procedures only on specific parts of the
  human body; or
               (3)  a radiologist assistant certificate to a person
  who meets the requirements established under Section 601.1021.
         (c)  The advisory board may issue to a person a temporary
  general certificate, [or] a temporary limited certificate, or a
  temporary radiologist assistant certificate that authorizes the
  person to perform radiologic procedures for a period not to exceed
  one year.
         SECTION 27.  Subchapter C, Chapter 601, Occupations Code, is
  amended by adding Section 601.1021 to read as follows:
         Sec. 601.1021.  RADIOLOGIST ASSISTANT CERTIFICATE. (a) The
  advisory board by rule shall establish the education and training
  required for a person to obtain a radiologist assistant
  certificate.
         (b)  A radiologist assistant certificate holder:
               (1)  may perform radiologic procedures only under the
  supervision of a radiologist; and
               (2)  may not interpret images, make diagnoses, or
  prescribe any medication or therapy.
         SECTION 28.  Section 604.030, 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 advisory board operations;
               (2)  the [this chapter and the advisory board's]
  programs, functions, rules, and budget of the advisory board;
               (3)  the scope of and limitations on the rulemaking
  authority of the advisory board;
               (4) [(2)]  the results of the most recent formal audit
  of the advisory 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
  advisory board in performing their duties; and
               (6) [(4)]  any applicable ethics policies adopted by
  the advisory 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 advisory board member. Each
  board member shall sign and submit to the executive director a
  statement acknowledging that the member received the training
  manual.
         SECTION 29.  Sections 155.056(c) and (d), Occupations Code,
  are repealed.
         SECTION 30.  (a) Except as provided by Subsection (b) of
  this section, Sections 152.010, 205.057, 601.030, and 604.030,
  Occupations Code, as amended by this Act, apply to a member of the
  applicable board appointed before, on, or after the effective date
  of this Act.
         (b)  A member of a board who, before the effective date of
  this Act, completed the training program required by Section
  152.010, 205.057, 601.030, or 604.030, Occupations Code, as the
  applicable law existed before the effective date of this Act, is
  only required to complete additional training on subjects added by
  this Act to the training program required by, as applicable,
  Section 152.010, 205.057, 601.030, or 604.030, Occupations Code, as
  amended by this Act. A board member described by this subsection
  may not vote, deliberate, or be counted as a member in attendance at
  a meeting of the applicable board held on or after December 1, 2019,
  until the member completes the additional training.
         SECTION 31.  Not later than March 1, 2020, the Texas Medical
  Board shall adopt rules necessary to implement Section 164.003(b),
  Occupations Code, as amended by this Act.
         SECTION 32.  Not later than January 1, 2020, the Texas
  Medical Board and the governing board of the Texas Physician Health
  Program by rule shall adopt the memorandum of understanding
  required by Section 167.012, Occupations Code, as added by this
  Act.
         SECTION 33.  Not later than September 1, 2021, the Texas
  State Board of Acupuncture Examiners and the Texas Medical Board
  shall obtain criminal history record information on each person
  who, on the effective date of this Act, holds a license issued under
  Chapter 205 or 206, Occupations Code, as applicable, and did not
  undergo a criminal history record information check based on the
  license holder's fingerprints on the initial application for the
  license. A 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 34.  Not later than January 1, 2020, the Texas
  Medical Board shall approve the rules required by Section 601.1021,
  Occupations Code, as added by this Act.
         SECTION 35.  This Act takes effect September 1, 2019.