22 TAC §§185.4, 185.6, 185.13, 185.16, 185.19, 185.23, 185.26
The Texas Medical Board (Board) adopts amendments
to Chapter 185, §§185.4, 185.6, 185.13, 185.16, 185.19,
185.23, and 185.26, concerning Physician Assistants, without changes
to the proposed text as published in the June 12, 2009, issue of the Texas Register
(34 TexReg 3889) and will not be republished.
Elsewhere in this issue of the Texas Register
, the Board contemporaneously adopts the rule review of Chapter 185.
The Board sought stakeholder input through Stakeholder Groups,
which made comments on the suggested changes to the rules at a meeting
held on October 29, 2008. The comments were incorporated into the
proposed rules.
The amendments to §185.4, relating to Procedural Rules for
Licensure Applicants, delete expired language that grandfathered licensure
applicants who applied before 2008 from having to comply with certain
examination requirements, explains that applicants for relicensure
who have already taken the JP exam are not required to retake the
exam, and makes presentation of state licensure verification a discretionary
requirement rather than mandatory for each applicant. The Board has
determined that the expired language should be removed, passage of
the jurisprudence examination should only be required one time, and
that state licensure verification should only be required upon request.
The amendments to §185.6, relating to Annual Renewal of License,
allows physician assistants to obtain six hours of CME per year by
serving as an expert reviewer for the Board in relation to investigations
regarding standard of care violations, and deletes language relating
to a 30-day grace period after expiration of license to conform with §204.156,
Texas Occupations Code.
The amendments to §185.13, relating to Notification of Intent
to Practice and Supervise, provide that if a primary supervising physician
of a physician assistant is not able to supervise for more than 30
days, then a new primary supervising physician must provide supervision.
The Board has determined that to best protect patients and ensure
that physician assistants are appropriately supervised, if a supervising
physician is unable to supervise a physician assistant for more than
30 days, that a new supervising physician must be named.
The amendments to §185.16, relating to Employment Guidelines,
clarifies what academic institutions a physician may supervise a physician
assistant for the purpose of providing medical services in preventive
medicine, disease management, health and wellness education or similar
services. The Board has determined that the clarification simplifies
the rules, especially as new medical schools are created.
The amendments to §185.19, relating to Administrative Penalties,
reference §§187.75 - 187.82 of this title for the purpose
of imposing administrative penalties on physician assistants for certain
violations of the Physician Assistants (PA) Act. The Board has determined
that the use of fast-track orders as set out on Chapter 187 will allow
for a more efficient and fair process in relation to certain violations
of the Act and Board rules.
The amendments to §185.23, relating to Third Party Reports
to the Board, corrects rule citations in the Professional Liability
Claims Report. The Board has determined that the correct citations
are necessary to allow licensees to meet the Board's requirements
with regard to filing of Professional Liability Claims Reports.
The amendments to §185.26, relating to Voluntary Surrender
of Physician Assistant License, allows for the voluntary relinquishment
of a license consistent with Chapter 196 of this title. The Board
has determined that the changes provide consistency with rules adopted
by the Texas Medical Board that distinguish between the voluntary
surrender and the voluntary relinquishment of a license.
The Board received no public written comments and no one appeared
to testify at the public hearing held on July 17, 2009.
The amendments are adopted under the authority of the
Texas Occupations Code Annotated, §153.001 and §154.006,
which provide authority for the Board to adopt rules and bylaws as
necessary to govern its own proceedings, perform its duties, regulate
the practice of medicine in this state, enforce this subtitle, and
establish rules related to licensure.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on July 20, 2009.
TRD-200902942
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Effective date: August 9, 2009
Proposal publication date: June 12, 2009
For further information, please call: (512) 305-7016