88R8741 SCP-F
 
  By: Plesa H.B. No. 4028
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the Texas Physician Assistant Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 153.0015(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  The board shall adopt guidelines to establish
  procedures for receiving input during the rulemaking process from
  individuals and groups that have an interest in matters under the
  board's jurisdiction, including input from [the Texas Physician
  Assistant Board and] the Texas State Board of Acupuncture
  Examiners. The guidelines must provide an opportunity for those
  individuals and groups to provide input before the board provides
  notice of the proposed rule under Section 2001.023, Government
  Code.
         (b)  The guidelines adopted under this section shall also
  include procedures for the board to receive comments on rules
  recommended by the [physician assistant board or] acupuncture board
  for adoption by the board.
         SECTION 2.  The heading to Section 204.051, Occupations
  Code, is amended to read as follows:
         Sec. 204.051.  REFERENCE IN OTHER LAW [TEXAS PHYSICIAN
  ASSISTANT BOARD].
         SECTION 3.  Section 204.101, Occupations Code, is amended to
  read as follows:
         Sec. 204.101.  GENERAL POWERS AND DUTIES OF BOARD.  The
  physician assistant board shall:
               (1)  adopt rules that are reasonable and necessary to
  implement [for the performance of the physician assistant board's
  duties under] this chapter, as provided by Chapter 2001, Government
  Code, including rules to establish:
                     (A)  licensing and other fees;
                     (B)  license renewal dates; and
                     (C)  procedures for disciplinary actions;
               (2)  review and approve or reject each application for
  the issuance or renewal of a license;
               (3)  issue each license;
               (4)  deny, suspend, or revoke a license or otherwise
  discipline a license holder; and
               (5)  take any action necessary to carry out the
  functions and duties of the physician assistant board under this
  chapter.
         SECTION 4.  Section 204.1015, Occupations Code, is amended
  to read as follows:
         Sec. 204.1015.  GUIDELINES FOR EARLY INVOLVEMENT IN
  RULEMAKING PROCESS. (a) The physician assistant board shall adopt
  guidelines to establish procedures for receiving input during the
  rulemaking process from individuals and groups that have an
  interest in matters under the board's jurisdiction. [The
  guidelines must provide an opportunity for those individuals and
  groups to provide input before the physician assistant board
  submits the rule to the medical board for approval.]
         (b)  [A rule adopted by the medical board may not be
  challenged on the grounds that the physician assistant board did
  not comply with this section.] If the physician assistant board was
  unable to solicit a significant amount of input from the public or
  affected persons early in the rulemaking process, the physician
  assistant board shall state in writing the reasons why the
  physician assistant board was unable to do so.
         SECTION 5.  Section 204.107, Occupations Code, is amended
  to read as follows:
         Sec. 204.107.  PUBLIC PARTICIPATION. The [Subject to the
  advice and approval of the medical board, the] physician assistant
  board shall develop and implement policies that provide the public
  with a reasonable opportunity to appear before the physician
  assistant board and to speak on any issue under the jurisdiction of
  the physician assistant board.
         SECTION 6.  Section 204.110(a), Occupations Code, is amended
  to read as follows:
         (a)  The [Subject to the advice and approval of the medical
  board, the] physician assistant 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 physician assistant
  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 physician
  assistant board's jurisdiction.
         SECTION 7.  The following provisions are repealed:
               (1)  Section 204.051(a), Occupations Code; and
               (2)  Section 204.102, Occupations Code.
         SECTION 8.  This Act takes effect September 1, 2023.