HB1731 - Relating to the physician assistant licensure compact; authorizing a fee.

  89R19086 DNC-D     By: Campos, Oliverson, Plesa H.B. No. 1731       A BILL TO BE ENTITLED   AN ACT   relating to the physician assistant licensure compact; authorizing   a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 204, Occupations Code, is amended by   adding Subchapter I to read as follows:   SUBCHAPTER I. PHYSICIAN ASSISTANT LICENSURE COMPACT           Sec.   204.401.     PHYSICIAN ASSISTANT LICENSURE COMPACT. The   Physician Assistant Licensure Compact is enacted and entered into   with all other jurisdictions that legally join in the compact,   which reads as follows:   PA LICENSURE COMPACT   Section   1.     Purpose   In order to strengthen access to Medical Services, and in   recognition of the advances in the delivery of Medical Services,   the Participating States of the PA Licensure Compact have allied in   common purpose to develop a comprehensive process that complements   the existing authority of State Licensing Boards to license and   discipline PAs and seeks to enhance the portability of a License to   practice as a PA while safeguarding the safety of patients. This   Compact allows Medical Services to be provided by PAs, via the   mutual recognition of the Licensee's Qualifying License by other   Compact Participating States. This Compact also adopts the   prevailing standard for PA licensure and affirms that the practice   and delivery of Medical Services by the PA occurs where the patient   is located at the time of the patient encounter, and therefore   requires the PA to be under the jurisdiction of the State Licensing   Board where the patient is located. State Licensing Boards that   participate in this Compact retain the jurisdiction to impose   Adverse Action against a Compact Privilege in that State issued to a   PA through the procedures of this Compact. The PA Licensure Compact   will alleviate burdens for military families by allowing active   duty military personnel and their spouses to obtain a Compact   Privilege based on having an unrestricted License in good standing   from a Participating State.   Section   2.     Definitions   In this Compact:           A.     "Adverse Action" means any administrative, civil,   equitable, or criminal action permitted by a State's laws which is   imposed by a Licensing Board or other authority against a PA License   or License application or Compact Privilege such as License denial,   censure, revocation, suspension, probation, monitoring of the   Licensee, or restriction on the Licensee's practice.           B.     "Compact Privilege" means the authorization granted by a   Remote State to allow a Licensee from another Participating State   to practice as a PA to provide Medical Services and other licensed   activity to a patient located in the Remote State under the Remote   State's laws and regulations.           C.     "Conviction" means a finding by a court that an   individual is guilty of a felony or misdemeanor offense through   adjudication or entry of a plea of guilt or no contest to the charge   by the offender           D.     "Criminal Background Check" means the submission of   fingerprints or other biometric-based information for a License   applicant for the purpose of obtaining that applicant's criminal   history record information, as defined in 28 C.F.R. § 20.3(d), from   the State's criminal history record repository as defined in 28   C.F.R. § 20.3(f).           E.     "Data System" means the repository of information about   Licensees, including but not limited to License status and Adverse   Actions, which is created and administered under the terms of this   Compact.           F.     "Executive Committee" means a group of directors and   ex-officio individuals elected or appointed pursuant to Section   7.F.2.           G.     "Impaired Practitioner" means a PA whose practice is   adversely affected by health-related condition(s) that impact   their ability to practice.           H.     "Investigative Information" means information, records,   or documents received or generated by a Licensing Board pursuant to   an investigation.           I.     "Jurisprudence Requirement" means the assessment of an   individual's knowledge of the laws and Rules governing the practice   of a PA in a State.           J.     "License" means current authorization by a State, other   than authorization pursuant to a Compact Privilege, for a PA to   provide Medical Services, which would be unlawful without current   authorization.           K.     "Licensee" means an individual who holds a License from a   State to provide Medical Services as a PA.           L.     "Licensing Board" means any State entity authorized to   license and otherwise regulate PAs.           M.     "Medical Services" means health care services provided   for the diagnosis, prevention, treatment, cure or relief of a   health condition, injury, or disease, as defined by a State's laws   and regulations.           N.     "Model Compact" means the model for the PA Licensure   Compact on file with The Council of State Governments or other   entity as designated by the Commission.             O.     "Participating State" means a State that has enacted this   Compact.           P.     "PA" means an individual who is licensed as a physician   assistant in a State. For purposes of this Compact, any other title   or status adopted by a State to replace the term "physician   assistant" shall be deemed synonymous with "physician assistant"   and shall confer the same rights and responsibilities to the   Licensee under the provisions of this Compact at the time of its   enactment.           Q.     "PA Licensure Compact Commission," "Compact Commission,"   or "Commission" mean the national administrative body created   pursuant to Section 7.A of this Compact.           R.     "Qualifying License" means an unrestricted License   issued by a Participating State to provide Medical Services as a PA.           S.     "Remote State" means a Participating State where a   Licensee who is not licensed as a PA is exercising or seeking to   exercise the Compact Privilege.           T.     "Rule" means a regulation promulgated by an entity that   has the force and effect of law.           U.     "Significant Investigative Information" means   Investigative Information that a Licensing Board, after an inquiry   or investigation that includes notification and an opportunity for   the PA to respond if required by State law, has reason to believe is   not groundless and, if proven true, would indicate more than a minor   infraction.           V.     "State" means any state, commonwealth, district, or   territory of the United States.   Section   3.     State Participation in this Compact           A.     To participate in this Compact, a Participating State   shall:                 1.  License PAs.                 2.     Participate in the Compact Commission's Data   System.                 3.     Have a mechanism in place for receiving and   investigating complaints against Licensees and License applicants.                 4.     Notify the Commission, in compliance with the terms   of this Compact and Commission Rules, of any Adverse Action against   a Licensee or License applicant and the existence of Significant   Investigative Information regarding a Licensee or License   applicant.                 5.     Fully implement a Criminal Background Check   requirement, within a time frame established by Commission Rule, by   its Licensing Board receiving the results of a Criminal Background   Check and reporting to the Commission whether the License applicant   has been granted a License.                 6.  Comply with the Rules of the Compact Commission.                 7.     Utilize passage of a recognized national exam such   as the NCCPA PANCE as a requirement for PA licensure.                 8.     Grant the Compact Privilege to a holder of a   Qualifying License in a Participating State.           B.     Nothing in this Compact prohibits a Participating State   from charging a fee for granting the Compact Privilege.   Section   4.     Compact Privilege           A.  To exercise the Compact Privilege, a Licensee must:                 1.     Have graduated from a PA program accredited by the   Accreditation Review Commission on Education for the Physician   Assistant, Inc. or other programs authorized by Commission Rule.                 2.  Hold current NCCPA certification.                 3.  Have no felony or misdemeanor Conviction                 4.     Have never had a controlled substance license,   permit, or registration suspended or revoked by a State or by the   United States Drug Enforcement Administration.                 5.     Have a unique identifier as determined by   Commission Rule.                 6.  Hold a Qualifying License.                 7.     Have had no revocation of a License or limitation or   restriction on any License currently held due to an adverse action.                 8.     If a Licensee has had a limitation or restriction on   a License or Compact Privilege due to an Adverse Action, two years   must have elapsed from the date on which the License or Compact   Privilege is no longer limited or restricted due to the Adverse   Action.                 9.     If a Compact Privilege has been revoked or is   limited or restricted in a Participating State for conduct that   would not be a basis for disciplinary action in a Participating   State in which the Licensee is practicing or applying to practice   under a Compact Privilege, that Participating State shall have the   discretion not to consider such action as an Adverse Action   requiring the denial or removal of a Compact Privilege in that   State.                 10.     Notify the Compact Commission that the Licensee is   seeking the Compact Privilege in a Remote State.                 11.     Meet any Jurisprudence Requirement of a Remote   State in which the Licensee is seeking to practice under the Compact   Privilege and pay any fees applicable to satisfying the   Jurisprudence Requirement.                 12.     Report to the Commission any Adverse Action taken   by a non-participating State within thirty (30) days after the   action is taken.           B.     The Compact Privilege is valid until the expiration or   revocation of the Qualifying License unless terminated pursuant to   an Adverse Action. The Licensee must also comply with all of the   requirements of Subsection A above to maintain the Compact   Privilege in a Remote State. If the Participating State takes   Adverse Action against a Qualifying License, the Licensee shall   lose the Compact Privilege in any Remote State in which the Licensee   has a Compact Privilege until all of the following occur:                 1.  The License is no longer limited or restricted; and                 2.     Two (2) years have elapsed from the date on whic [Text truncated for display. Full text available on Congress.gov.]