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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Physician Assistant Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 153.0015(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The board shall adopt guidelines to establish |
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procedures for receiving input during the rulemaking process from |
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individuals and groups that have an interest in matters under the |
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board's jurisdiction, including input from [the Texas Physician |
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Assistant Board and] the Texas State Board of Acupuncture |
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Examiners. The guidelines must provide an opportunity for those |
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individuals and groups to provide input before the board provides |
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notice of the proposed rule under Section 2001.023, Government |
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Code. |
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(b) The guidelines adopted under this section shall also |
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include procedures for the board to receive comments on rules |
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recommended by the [physician assistant board or] acupuncture board |
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for adoption by the board. |
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SECTION 2. The heading to Section 204.051, Occupations |
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Code, is amended to read as follows: |
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Sec. 204.051. REFERENCE IN OTHER LAW [TEXAS PHYSICIAN |
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ASSISTANT BOARD]. |
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SECTION 3. Section 204.101, Occupations Code, is amended to |
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read as follows: |
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Sec. 204.101. GENERAL POWERS AND DUTIES OF BOARD. The |
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physician assistant board shall: |
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(1) adopt rules that are reasonable and necessary to |
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implement [for the performance of the physician assistant board's |
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duties under] this chapter, as provided by Chapter 2001, Government |
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Code, including rules to establish: |
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(A) licensing and other fees; |
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(B) license renewal dates; and |
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(C) procedures for disciplinary actions; |
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(2) review and approve or reject each application for |
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the issuance or renewal of a license; |
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(3) issue each license; |
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(4) deny, suspend, or revoke a license or otherwise |
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discipline a license holder; and |
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(5) take any action necessary to carry out the |
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functions and duties of the physician assistant board under this |
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chapter. |
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SECTION 4. Section 204.1015, Occupations Code, is amended |
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to read as follows: |
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Sec. 204.1015. GUIDELINES FOR EARLY INVOLVEMENT IN |
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RULEMAKING PROCESS. (a) The physician assistant board shall adopt |
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guidelines to establish procedures for receiving input during the |
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rulemaking process from individuals and groups that have an |
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interest in matters under the board's jurisdiction. [The |
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guidelines must provide an opportunity for those individuals and |
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groups to provide input before the physician assistant board |
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submits the rule to the medical board for approval.] |
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(b) [A rule adopted by the medical board may not be |
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challenged on the grounds that the physician assistant board did |
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not comply with this section.] If the physician assistant board was |
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unable to solicit a significant amount of input from the public or |
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affected persons early in the rulemaking process, the physician |
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assistant board shall state in writing the reasons why the |
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physician assistant board was unable to do so. |
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SECTION 5. Section 204.107, Occupations Code, is amended |
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to read as follows: |
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Sec. 204.107. PUBLIC PARTICIPATION. The [Subject to the |
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advice and approval of the medical board, the] physician assistant |
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board shall develop and implement policies that provide the public |
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with a reasonable opportunity to appear before the physician |
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assistant board and to speak on any issue under the jurisdiction of |
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the physician assistant board. |
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SECTION 6. Section 204.110(a), Occupations Code, is amended |
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to read as follows: |
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(a) The [Subject to the advice and approval of the medical |
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board, the] physician assistant board shall develop and implement a |
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policy to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of physician assistant |
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board rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the physician |
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assistant board's jurisdiction. |
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SECTION 7. The following provisions are repealed: |
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(1) Section 204.051(a), Occupations Code; and |
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(2) Section 204.102, Occupations Code. |
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SECTION 8. This Act takes effect September 1, 2023. |