HB1685 - Relating to the licensing and regulation of physician graduates and the authority of an insured to select a physician graduate under the insured's health insurance policy; requiring an occupational license; authorizing fees.

  89R8422 BEE-F     By: Oliverson H.B. No. 1685       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of physician graduates and   the authority of an insured to select a physician graduate under the   insured's health insurance policy; requiring an occupational   license; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 155, Occupations Code, is amended by   adding Subchapter E to read as follows:   SUBCHAPTER E. PHYSICIAN GRADUATE           Sec. 155.201.  DEFINITIONS. In this subchapter:                 (1)     "Physician graduate" means an individual issued a   limited license under this subchapter to practice medicine under a   supervising practice agreement with a sponsoring physician.                 (2)     "Sponsoring physician" means a physician who   enters into a supervising practice agreement with a physician   graduate.                 (3)     "Supervising practice agreement" means an   agreement between a sponsoring physician and a physician graduate   regarding the sponsoring physician's supervision of the physician   graduate's practice of medicine.           Sec.   155.202.     RULES. The board shall adopt rules in   accordance with this subchapter relating to the licensing and   regulation of physician graduates, including rules relating to:                 (1)     procedures and fees for the issuance, term, and   renewal of a license under this subchapter, including continuing   medical education requirements for renewal of the license;                 (2)     practices and requirements for the supervision of   physician graduates; and                 (3)     any other matter necessary to ensure protection of   the public, including disciplinary procedures.           Sec.   155.203.     LICENSE ISSUANCE. On application, the board   shall issue a limited license to practice medicine under this   subchapter to an applicant who:                 (1)  is a resident of this state and is:                       (A)  a United States citizen;                       (B)  a legal permanent resident; or                       (C)     otherwise authorized under federal law to   work in the United States;                 (2)  has proficiency in the English language;                 (3)  has graduated:                       (A)     in the two years preceding the date that the   applicant initially applies for a physician graduate license, from:                             (i)     a board-recognized accredited medical   school or osteopathic medical school in the United States or   Canada; or                             (ii)     a medical school located outside of   the United States and Canada that the board recognizes as   acceptable; or                       (B)     if the applicant is licensed in good standing   to practice medicine in another country, from a medical school   located outside of the United States and Canada that the board   recognizes as acceptable;                 (4)     has passed the first and second components of the   United States Medical Licensing Examination or equivalent   components of another board-approved licensing examination   described by Section 155.0511;                 (5)     is not enrolled in a board-approved postgraduate   residency program; and                 (6)     meets any other requirement prescribed by board   rule.           Sec.   155.204.     FEES. The amount of a fee for the issuance or   renewal of a license under this subchapter may not exceed the amount   of a fee for the issuance or renewal of a physician assistant   license under Chapter 204.           Sec.   155.205.     SPONSORING PHYSICIAN. (a)   A physician is   eligible to enter into a supervising practice agreement as a   sponsoring physician if the physician:                 (1)     holds a full and unrestricted license to practice   medicine issued under this subtitle;                 (2)     has not been and is not currently the subject of   disciplinary action by the board or the medical licensing authority   of any other jurisdiction;                 (3)     is certified by a medical specialty member board   of:                       (A)  the American Board of Medical Specialties; or                       (B)     the American Osteopathic Association Bureau   of Osteopathic Specialists; and                 (4)     practices medicine in the specialty for which the   physician is certified under Subdivision (3).           (b)     A sponsoring physician who enters into a supervising   practice agreement with a physician graduate shall comply with all   board rules related to the supervision of physician graduates.           (c)     The board by rule shall establish the maximum number of   physician graduates that a sponsoring physician may supervise under   supervising practice agreements.           Sec.   155.206.     SUPERVISING PRACTICE AGREEMENT REQUIRED. (a)   A physician graduate shall enter into a supervising practice   agreement with a sponsoring physician.           (b)     A physician graduate who has not entered into a   supervising practice agreement may not practice or attempt to   practice medicine.             (c)     A physician graduate who enters into a supervising   practice agreement may practice under the delegation and   supervision of another physician if:                 (1)     the sponsoring physician authorizes the practice   of the physician graduate under the delegation and supervision of   the other physician in a written document that identifies the other   physician by name; and                 (2)  the other physician is:                       (A)     part of the sponsoring physician's physician   group or facility; and                       (B)     certified in the same specialty as the   sponsoring physician by a medical specialty member board of:                             (i)     the American Board of Medical   Specialties; or                             (ii)     the American Osteopathic Association   Bureau of Osteopathic Specialists.           (d)     The physician profile under Section 154.006 of a   sponsoring physician or physician graduate must indicate in the   manner prescribed by board rule that the sponsoring physician or   physician graduate has entered into a supervising practice   agreement.           Sec.   155.207.     LIMITED PRACTICE BY LICENSE HOLDER. (a) A   physician graduate may provide only medical services in the   specialty in which the physician graduate's sponsoring physician is   certified as described by Section 155.205(a)(3) under supervision   in accordance with a supervising practice agreement.           (b)     Before a license holder under this subchapter provides a   treatment, consultation, or other medical service, the license   holder must disclose to the patient:                 (1)     that the license holder is a physician graduate;   and                 (2)     if asked, that the license holder has not   completed any formal specialized postgraduate or resident   training.           (c)     A physician graduate may not prescribe a Schedule II   controlled substance.           Sec.   155.208.     LIABILITY OF SPONSORING PHYSICIAN. A   sponsoring physician who enters into a supervising practice   agreement with a physician graduate is responsible at all times for   the oversight of and is liable for any medical act performed or the   omission of any medical act by the physician graduate in the   provision of medical services.           Sec.   155.209.     IDENTIFICATION REQUIREMENTS; USE OF TITLE.   (a) The holder of a license issued under this subchapter shall at   all times while practicing as a physician graduate display a   personal identification document identifying the license holder as   a physician graduate.             (b)     A physician graduate may use the following titles or   abbreviations:                 (1)  "doctor"; or                 (2)  "Dr." or "doc."           Sec.   155.210.     STATUS OF PHYSICIAN GRADUATE. A physician   graduate license holder is considered a general practitioner for   purposes of regulations of the federal Centers for Medicare and   Medicaid Services.           Sec.   155.211.     LICENSE RENEWAL. The board may not renew a   license issued under this subchapter unless:                 (1)     the board verifies that the license holder has   practiced in accordance with this subchapter under a supervising   practice agreement with a sponsoring physician in the license term   preceding the application for renewal; and                 (2)     the license   holder satisfies the continuing   medical education requirements established by board rule.           Sec.   155.212.     DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.   The board may deny an application for licensure or suspend or revoke   a license issued under this subchapter:                 (1)     for any ground provided by Chapter 164 or board   rule; and                 (2)     in the manner provided by Chapter 164 and board   rule.          SECTION 2.  Section 1451.001, Insurance Code, is amended by   adding Subdivision (16-a) to read as follows:                 (16-a) "Physician graduate" has the meaning assigned   by Section 155.201, Occupations Code.          SECTION 3.  Subchapter C, Chapter 1451, Insurance Code, is   amended by adding Section 1451.129 to read as follows:    &#x [Text truncated for display. 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