BILL ANALYSIS

C.S.H.B. 2544

By: Campos

Public Health

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Physician assistants (PAs) are an integral part of the physician-led health care team but, as evidenced by the rise of telemedicine during the COVID-19 pandemic, it is clear that many patients prefer to receive care through these modalities, and licensure portability is crucial for expanding access to care. One method by which Texas can expand access to health care is by removing barriers for PAs to practice across state lines. According to the Texas Academy of Physician Assistants, Texas is currently a member of five other medical license compacts, including one for physicians and nurses. PAs must currently be licensed in the state where the patient is located, even when providing care via telemedicine, and PAs are not able to practice across state lines without going through the overly cumbersome licensing process in each state. C.S.H.B. 2544 seeks to resolve this issue by adopting the Physician Assistant Licensure Compact, which would allow PAs licensed in good standing in a compact state to practice in another compact state without needing a new license.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Physician Assistant Board in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 2544 amends the Occupations Code to enact and enter into the Physician Assistant Licensure Compact with all other applicable jurisdictions to enhance the portability of a license to practice as a physician assistant (PA) while safeguarding the safety of patients. The bill sets out the compact's provisions, including provisions relating to the following:

· individual state participation in the compact;

· the manner in which an individual who currently holds an unrestricted license from a state to provide medical services as a PA may exercise privileges under the compact, including designating the participating state from which the licensee is applying for a compact privilege;

· the authority of a participating state and a remote state to take adverse actions against a PA, including participating in joint investigations of PAs;

· the establishment of the PA Licensure Compact Commission as an instrumentality of the compact states acting jointly and the commission's governance structure, powers and duties, rulemaking, financing, and liability for certain claims;

· the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, adverse action, and certain investigative information on all licensed PAs and applicants denied a license in participating states;

· oversight, dispute resolution, and enforcement of compact provisions by applicable state governments and courts;

· the process for amending or withdrawing from the compact; and

· the construction and severability of the compact's provisions, as well as the binding effect of the compact and other state laws.

The compact takes effect on the date on which the compact statute is enacted into law in the seventh participating state. The bill designates the Texas Physician Assistant Board as the administrator of the compact in Texas and authorizes the board to adopt rules necessary to implement the bill's provisions.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

C.S.H.B. 2544 differs from the introduced in minor or nonsubstantive ways to make technical corrections.