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.