88R770 BEE-D
 
  By: Shaheen H.B. No. 2551
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of associate physicians
and the authority of an insured to select an associate physician
under the insured's health insurance policy; requiring an
occupational license.
       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. ASSOCIATE PHYSICIAN 
       Sec. 155.201.  DEFINITION. In this subchapter, "associate
physician" means an individual licensed under this subchapter to
practice medicine under a collaborative practice agreement as
described by Section 155.204.
       Sec. 155.202.  RULES. The board shall adopt rules in
accordance with this subchapter relating to the licensing and
regulation of associate physicians.
       Sec. 155.203.  LICENSE ISSUANCE. On application, the board
shall issue a license to practice medicine under this subchapter to
an applicant who:
             (1)  is a resident of this state and is a United States
citizen or a legal permanent resident;
             (2)  has proficiency in the English language;
             (3)  is a graduate of a board-approved medical or
osteopathic medical school;
             (4)  has passed the first and second components of the
United States Medical Licensing Examination or the equivalent
components of another board-approved licensing examination
described by Section 155.0511:
                   (A)  not earlier than two years before the date
the applicant submits an application for licensure as an associate
physician; and
                   (B)  not more than three years after the date of
the applicant's graduation from a medical school or osteopathic
medical school; and
             (5)  either:
                   (A)  has not completed a board-approved
postgraduate residency program; or
                   (B)  has completed a board-approved postgraduate
residency program and passed the second component of the United
States Medical Licensing Examination or the equivalent component of
another board-approved medical licensing examination described by
Section 155.0511 at any time before the date the applicant submits
an application for licensure as an associate physician, if on the
second anniversary of the date of completion of the examination
requirement the applicant was serving as a resident physician in a
board-approved postgraduate residency program in the United States
and continued to do so until not earlier than the 30th day before
the date the applicant submits an application for licensure as an
associate physician.
       Sec. 155.204.  COLLABORATIVE PRACTICE AGREEMENT REQUIRED.
(a) An associate physician may not practice as an associate
physician unless the associate physician has entered into a
collaborative practice agreement with a physician under this
subtitle.
       (b)  An associate physician must enter into a collaborative
practice agreement within the period prescribed by board rule.
       (c)  A collaborative practice agreement under this section:
             (1)  must be in writing;
             (2)  may be in the form of a written agreement,
jointly-agreed protocols, or standing orders for the delivery of
health care services; and
             (3)  may delegate to an associate physician the
authority to administer or dispense drugs and provide treatment:
                   (A)  within the scope of practice of the associate
physician as specified in the agreement; and
                   (B)  consistent with the skill, training, and
competence of the associate physician and the collaborating
physician.
       Sec. 155.205.  LIABILITY OF COLLABORATING PHYSICIAN. A
physician who enters into a collaborative practice agreement with
an associate physician under Section 155.204 is responsible at all <

Statutes affected:
Introduced: Insurance Code 1451.001, Subchapter C, Chapter , Insurance Code 155.204 (Subchapter C, Chapter , Insurance Code 155, Insurance Code 1451)