Bill Text: TX HB2556 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Engrossed - Dead) 2023-05-24 - Co-sponsor authorized [HB2556 Detail]
Download: Texas-2023-HB2556-Engrossed.html
Bill Title: 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.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Engrossed - Dead) 2023-05-24 - Co-sponsor authorized [HB2556 Detail]
Download: Texas-2023-HB2556-Engrossed.html
88R19476 BEE-F | ||
By: Oliverson, Morales of Maverick, Harless, | H.B. No. 2556 | |
et al. |
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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 supervision by the sponsoring physician 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 or a legal permanent | ||
resident; or | ||
(B) 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 is recognized by the board 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 is recognized | ||
by the board 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 SUPERVISING 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: | ||
Sec. 1451.129. SELECTION OF PHYSICIAN GRADUATE. An insured | ||
may select a physician graduate to provide the services scheduled | ||
in the health insurance policy that are within the scope of the | ||
physician graduate's license under Subchapter E, Chapter 155, | ||
Occupations Code. | ||
SECTION 4. Not later than January 1, 2024, the Texas Medical | ||
Board shall adopt rules as necessary to implement Subchapter E, | ||
Chapter 155, Occupations Code, as added by this Act. | ||
SECTION 5. Section 1451.129, Insurance Code, as added by | ||
this Act, applies only to a health insurance policy that is | ||
delivered, issued for delivery, or renewed on or after January 1, | ||
2024. | ||
SECTION 6. This Act takes effect September 1, 2023. |