CHAPTER 204. PHYSICIAN ASSISTANTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES
CHAPTER 204. PHYSICIAN ASSISTANTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 204.001. SHORT TITLE. This chapter may be cited as the
Physician Assistant Licensing Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.002. DEFINITIONS. In this chapter:
(1) "Medical board" means the Texas Medical Board.
(2) "Physician assistant board" means the Texas Physician
Assistant Board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.01, eff. September 1, 2005.
Sec. 204.003. APPLICABILITY. (a) A person is not required to
hold a license issued under this chapter to practice as:
(1) a technician, assistant, or employee of a physician who
performs delegated tasks but does not act as a physician
assistant or represent that the person is a physician assistant;
or
(2) any other licensed health care worker acting within the
scope of that person's license if the person:
(A) does not use the title "physician assistant" or the initials
"P.A."; or
(B) is not represented or designated as a physician assistant.
(b) This chapter does not limit the employment arrangement of a
physician assistant licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TEXAS PHYSICIAN ASSISTANT BOARD
Sec. 204.051. TEXAS PHYSICIAN ASSISTANT BOARD. (a) The Texas
Physician Assistant Board is an advisory board to the Texas State
Board of Medical Examiners.
(b) A reference in any other law to the former Texas State Board
of Physician Assistant Examiners means the Texas Physician
Assistant Board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.03, eff. September 1, 2005.
Sec. 204.052. APPOINTMENT OF BOARD. (a) The physician
assistant board consists of nine members appointed by the
governor with the advice and consent of the senate as follows:
(1) three practicing physician assistant members who each have
at least five years of clinical experience as a physician
assistant;
(2) three physician members who are licensed in this state and
who supervise physician assistants; and
(3) three public members who are not licensed as a physician or
physician assistant.
(b) Appointments to the physician assistant board shall be made
without regard to the race, color, disability, sex, religion,
age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.04, eff. September 1, 2005.
Sec. 204.053. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or profession problems and in promoting their common
interest.
(b) A person may not be a public member of the physician
assistant board if the person or the person's spouse:
(1) is registered, certified, or licensed by a regulatory agency
in the field of health care;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the medical board or physician assistant board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the medical board or
physician assistant board; or
(4) uses or receives a substantial amount of tangible goods,
services, or money from the medical board or physician assistant
board other than compensation or reimbursement authorized by law
for physician assistant board membership, attendance, or
expenses.
(c) A person may not be a member of the physician assistant
board and may not be a medical board employee in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care.
(d) A person may not be a member of the physician assistant
board or act as the general counsel to the physician assistant
board if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the
operation of the medical board or physician assistant board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.05, eff. September 1, 2005.
Sec. 204.054. TERMS; VACANCIES. (a) Members of the physician
assistant board are appointed for staggered six-year terms. The
terms of three members expire on February 1 of each odd-numbered
year.
(b) A member may not serve more than:
(1) two consecutive full terms; or
(2) a total of three full terms.
(c) If a vacancy occurs during a member's term, the governor
shall appoint a new member to fill the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.055. OFFICERS. The governor shall designate a member
of the physician assistant board as the presiding officer of the
board to serve in that capacity at the will of the governor. The
physician assistant board shall select from its membership a
secretary to serve a one-year term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.06, eff. September 1, 2005.
Sec. 204.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the physician assistant board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 204.052 and 204.053;
(2) does not maintain during service on the physician assistant
board the qualifications required by Sections 204.052 and
204.053;
(3) is ineligible for membership under Section 204.053;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
physician assistant board meetings that the member is eligible to
attend during a calendar year without an excuse approved by a
majority vote of the board.
(b) The validity of an action of the physician assistant board
is not affected by the fact that it is taken when a ground for
removal of a board member exists.
(c) If the executive director of the medical board has knowledge
that a potential ground for removal exists, the executive
director shall notify the presiding officer of the physician
assistant board of the potential ground. The presiding officer
shall then notify the governor and the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the presiding officer, the executive director
shall notify the next highest ranking officer of the physician
assistant board, who shall then notify the governor and the
attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.07, eff. September 1, 2005.
Sec. 204.057. PER DIEM. A member of the physician assistant
board is entitled to receive a per diem as set by legislative
appropriation for each day that the member engages in the
business of the board. If the General Appropriations Act does not
prescribe the amount of the per diem, the per diem is equal to a
member's actual expenses for meals, lodging, and transportation
plus $100.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.058. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE LAW.
Except as otherwise provided by this chapter, the physician
assistant board is subject to Chapters 551 and 2001, Government
Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.059. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the physician assistant board
may not vote, deliberate, or be counted as a member in attendance
at a meeting of the board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter and the physician assistant board's programs,
functions, rules, and budget;
(2) the results of the most recent formal audit of the physician
assistant board;
(3) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(4) any applicable ethics policies adopted by the physician
assistant board or the Texas Ethics Commission.
(c) A person appointed to the physician assistant board is
entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in attending
the training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.08, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES OF PHYSICIAN ASSISTANT BOARD AND
MEDICAL BOARD
Sec. 204.101. GENERAL POWERS AND DUTIES OF BOARD. The physician
assistant board shall:
(1) adopt rules that are reasonable and necessary for the
performance of the physician assistant board's duties under this
chapter, as provided by Chapter 2001, Government Code, including
rules to establish:
(A) licensing and other fees;
(B) license renewal dates; and
(C) procedures for disciplinary actions;
(2) review and approve or reject each application for the
issuance or renewal of a license;
(3) issue each license;
(4) deny, suspend, or revoke a license or otherwise discipline a
license holder; and
(5) take any action necessary to carry out the functions and
duties of the physician assistant board under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.1015. GUIDELINES FOR EARLY INVOLVEMENT IN RULEMAKING
PROCESS. (a) The physician assistant board shall adopt
guidelines to establish procedures for receiving input during the
rulemaking process from individuals and groups that have an
interest in matters under the board's jurisdiction. The
guidelines must provide an opportunity for those individuals and
groups to provide input before the physician assistant board
submits the rule to the medical board for approval.
(b) A rule adopted by the medical board may not be challenged on
the grounds that the physician assistant board did not comply
with this section. If the physician assistant board was unable
to solicit a significant amount of input from the public or
affected persons early in the rulemaking process, the physician
assistant board shall state in writing the reasons why the
physician assistant board was unable to do so.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.09, eff. September 1, 2005.
Sec. 204.102. POWERS AND DUTIES OF MEDICAL BOARD RELATING TO
PHYSICIAN ASSISTANTS. (a) The medical board shall adopt rules
consistent with this chapter to regulate physician assistants and
physicians who supervise physician assistants.
(b) The medical board, by a majority vote, shall approve or
reject each rule adopted by the physician assistant board. If
approved, the rule may take effect. If the rule is rejected, the
medical board shall return the rule to the physician assistant
board for revision.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.103. FEES. The physician assistant board shall
establish and collect fees in amounts that are reasonable and
necessary to cover the cost of administering this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.104. RURAL PHYSICIAN ASSISTANT LOAN REIMBURSEMENT
PROGRAM. (a) A program shall be established to provide student
loan reimbursement for graduates of physician assistant training
programs from any state who practice in rural health professional
shortage areas and medically underserved areas identified by the
Texas Department of Health. The physician assistant board shall
fund the program by designating annually a portion of the revenue
generated under this chapter from physician assistant licensing
fees.
(b) The Texas Department of Rural Affairs shall establish
policies for and adopt rules to administer the loan program.
(c) The physician assistant board shall authorize and the
medical board shall transfer annually the funds designated under
Subsection (a) to the Texas Department of Rural Affairs to
administer the loan program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1424, Sec. 10, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
112, Sec. 100, eff. September 1, 2009.
Sec. 204.105. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The
physician assistant board shall adopt rules and guidelines as
necessary to comply with Chapter 53, except to the extent the
requirements of this chapter are stricter than the requirements
of Chapter 53.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.10, eff. September 1, 2005.
Sec. 204.106. DIVISION OF RESPONSIBILITIES. Subject to the
advice and approval of the medical board, the physician assistant
board shall develop and implement policies that clearly separate
the policy-making responsibilities of the physician assistant
board and the management responsibilities of the executive
director and the staff of the medical board.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.11, eff. September 1, 2005.
Sec. 204.107. PUBLIC PARTICIPATION. Subject to the advice and
approval of the medical board, the physician assistant board
shall develop and implement policies that provide the public with
a reasonable opportunity to appear before the physician assistant
board and to speak on any issue under the jurisdiction of the
physician assistant board.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.12, eff. September 1, 2005.
Sec. 204.108. RECORDS OF COMPLAINTS. (a) The physician
assistant board shall maintain a system to promptly and
efficiently act on complaints filed with the physician assistant
board. The board shall maintain:
(1) information about the parties to the complaint and the
subject matter of the complaint;
(2) a summary of the results of the review or investigation of
the complaint; and
(3) information about the disposition of the complaint.
(b) The physician assistant board shall make information
available describing its procedures for complaint investigation
and resolution.
(c) The physician assistant board shall periodically notify the
parties of the status of the complaint until final disposition of
the complaint, unless the notice would jeopardize an
investigation.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.13, eff. September 1, 2005.
Sec. 204.109. USE OF TECHNOLOGY. Subject to the advice and
approval of the medical board, the physician assistant board
shall implement a policy requiring the physician assistant board
to use appropriate technological solutions to improve the
physician assistant board's ability to perform its functions.
The policy must ensure that the public is able to interact with
the board on the Internet.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.14, eff. September 1, 2005.
Sec. 204.110. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION POLICY. (a) Subject to the advice and approval of
the medical board, the physician assistant board shall develop
and implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of physician assistant board
rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the physician assistant
board's jurisdiction.
(b) The physician assistant board's procedures relating to
alternative dispute resolution must conform, to the extent
possible, to any model guidelines issued by the State Office of
Administrative Hearings for the use of alternative dispute
resolution by state agencies.
(c) The physician assistant board shall designate a trained
person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the physician assistant board.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.15, eff. September 1, 2005.
SUBCHAPTER D. LICENSE REQUIREMENTS, EXEMPTIONS, AND RENEWAL
Sec. 204.151. LICENSE REQUIRED. A person may not practice as a
physician assistant in this state unless the person holds a
physician assistant license issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.152. ISSUANCE OF LICENSE. (a) The physician assistant
board shall issue a license to an applicant who:
(1) meets the eligibility requirements of Section 204.153;
(2) submits an application on a form prescribed by the board;
(3) pays the required application fee;
(4) certifies that the applicant is mentally and physically able
to function safely as a physician assistant; and
(5) submits to the board any other information the board
considers necessary to evaluate the applicant's qualifications.
(b) The physician assistant board may delegate authority to
medical board employees to issue licenses under this chapter to
applicants who clearly meet all licensing requirements. If the
medical board employees determine that the applicant does not
clearly meet all licensing requirements, the application shall be
returned to the physician assistant board. A license issued
under this subsection does not require formal physician assistant
board approval.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.16, eff. September 1, 2005.
Sec. 204.153. ELIGIBILITY REQUIREMENTS. (a) To be eligible for
a license under this chapter, an applicant must:
(1) successfully complete an educational program for physician
assistants or surgeon assistants accredited by the Committee on
Allied Health Education and Accreditation or by that committee's
predecessor or successor entities;
(2) pass the Physician Assistant National Certifying Examination
administered by the National Commission on Certification of
Physician Assistants;
(3) hold a certificate issued by the National Commission on
Certification of Physician Assistants;
(4) be of good moral character;
(5) meet any other requirement established by board rule; and
(6) pass a jurisprudence examination approved by the physician
assistant board as provided by Subsection (a-1).
(a-1) The jurisprudence examination shall be conducted on the
licensing requirements and other laws, rules, or regulations
applicable to the physician assistant profession in this state.
The physician assistant board shall establish rules for the
jurisprudence examination under Subsection (a)(6) regarding:
(1) the development of the examination;
(2) applicable fees;
(3) administration of the examination;
(4) reexamination procedures;
(5) grading procedures; and
(6) notice of results.
(b) In addition to the requirements of Subsection (a), an
applicant is not eligible for a license, unless the physician
assistant board takes the fact into consideration in determining
whether to issue the license, if the applicant:
(1) has been issued a license, certificate, or registration as a
physician assistant in this state or from a licensing authority
in another state that is revoked or suspended; or
(2) is subject to probation or other disciplinary action for
cause resulting from the applicant's acts as a physician
assistant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.17, eff. September 1, 2005.
Sec. 204.154. EXEMPTIONS FROM LICENSING REQUIREMENT FOR CERTAIN
PHYSICIAN ASSISTANTS. A person is not required to hold a license
issued under this chapter to practice as:
(1) a physician assistant student enrolled in a physician
assistant or surgeon assistant educational program accredited by
the Committee on Allied Health Education and Accreditation of the
American Medical Association or by successor entities as approved
and designated by physician assistant board rule; or
(2) a physician assistant employed in the service of the federal
government while performing duties related to that employment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.155. TEMPORARY LICENSE. (a) The physician assistant
board may issue a temporary license to an applicant who:
(1) meets all the qualifications for a license under this
chapter but is waiting for the license to be issued at the next
scheduled meeting of the board;
(2) seeks to temporarily substitute for a licensed physician
assistant during the license holder's absence, if the applicant:
(A) is licensed or registered in good standing in another state;
(B) submits an application on a form prescribed by the board;
and
(C) pays the appropriate fee prescribed by the board; or
(3) has graduated from an educational program for physician
assistants or surgeon assistants described by Section
204.153(a)(1) not later than six months before applying for a
temporary license and is waiting for examination results from the
National Commission on Certification of Physician Assistants.
(b) A temporary license may be valid for not more than one year
after the date issued as determined by board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 578, Sec. 1, eff. Sept. 1,
2001.
Sec. 204.156. LICENSE RENEWAL. (a) On notification from the
physician assistant board, a person who holds a license under
this chapter may renew the license by:
(1) paying the required renewal fee;
(2) submitting the appropriate form; and
(3) meeting any other requirement established by board rule.
(b) The physician assistant board by rule may adopt a system
under which licenses expire on various dates during the year.
(c) A person who is otherwise eligible to renew a license may
renew an unexpired license by paying the required renewal fee to
the physician assistant board before the expiration date of the
license. A person whose license has expired may not engage in
activities that require a license until the license has been
renewed.
(d) A person whose license has been expired for 90 days or less
may renew the license by paying to the physician assistant board
a fee that is equal to 1-1/2 times the renewal fee for the
license.
(e) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to
the physician assistant board a fee equal to two times the
renewal fee for the license.
(f) A person who was licensed in this state, moved to another
state, and is currently licensed and has been in practice in the
other state for the two years preceding the date of the
application may obtain a new license without reexamination. The
person must pay to the physician assistant board a fee that is
equal to two times the normally required renewal fee for the
license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.18, eff. September 1, 2005.
Sec. 204.1562. CONTINUING MEDICAL EDUCATION REQUIREMENTS. (a)
The physician assistant board by rule shall adopt, monitor, and
enforce a reporting program for the continuing medical education
of license holders. The physician assistant board shall adopt
and administer rules that:
(1) establish the number of hours of continuing medical
education the physician assistant board determines appropriate as
a prerequisite to the renewal of a license under this chapter;
(2) require at least one-half of the hours of continuing medical
education established under Subdivision (1) to be approved by the
physician assistant board; and
(3) adopt a process to assess a license holder's participation
in continuing medical education courses.
(b) The physician assistant board may require that a specified
number of continuing medical education hours be completed
informally, including through self-study and self-directed
education.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.19, eff. September 1, 2005.
Sec. 204.1565. INFORMAL CONTINUING MEDICAL EDUCATION. (a) In
this section, "site serving a medically underserved population"
has the meaning assigned by Section 157.052.
(b) The physician assistant board by rule shall permit a license
holder to complete half of any informal continuing medical
education hours required to renew a license under this chapter by
providing volunteer medical services at a site serving a
medically underserved population, other than a site that is a
primary practice site of the license holder.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.053(a), eff.
Sept. 1, 2001.
Sec. 204.157. INACTIVE STATUS. (a) A person licensed under
this chapter may place the person's license on inactive status by
applying to the physician assistant board. A person whose license
is on inactive status is excused from paying renewal fees for the
license.
(b) The holder of a license on inactive status may not practice
as a physician assistant. A violation of this subsection is
considered to be practicing without a license.
(c) A person whose license is on inactive status under this
section may return the person's license to active status by:
(1) applying to the physician assistant board;
(2) satisfying the requirements of Section 204.156; and
(3) paying the fee established by the physician assistant board
for returning a license to active status.
(d) The physician assistant board by rule shall establish a
limit on the length of time a physician assistant's license may
remain on inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.20, eff. September 1, 2005.
SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
Sec. 204.201. NOTICE OF INTENT TO PRACTICE. (a) Before
beginning practice, each physician assistant licensed under this
chapter shall submit on a form prescribed by the physician
assistant board notice of the license holder's intent to
practice. The notice must include:
(1) the name, business address, license number, and telephone
number of the physician assistant; and
(2) the name, business address, Texas license number, and
telephone number of the physician assistant's supervising
physician.
(b) A physician assistant shall notify the physician assistant
board of any change in, or addition to, the person acting as a
supervising physician for the physician assistant not later than
the 30th day after the date the change or addition occurs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.202. SCOPE OF PRACTICE. (a) The practice of a
physician assistant includes providing medical services delegated
by a supervising physician that are within the education,
training, and experience of the physician assistant.
(b) Medical services provided by a physician assistant may
include:
(1) obtaining patient histories and performing physical
examinations;
(2) ordering or performing diagnostic and therapeutic
procedures;
(3) formulating a working diagnosis;
(4) developing and implementing a treatment plan;
(5) monitoring the effectiveness of therapeutic interventions;
(6) assisting at surgery;
(7) offering counseling and education to meet patient needs;
(8) requesting, receiving, and signing for the receipt of
pharmaceutical sample prescription medications and distributing
the samples to patients in a specific practice setting in which
the physician assistant is authorized to prescribe pharmaceutical
medications and sign prescription drug orders as provided by
Section 157.052, 157.053, 157.054, 157.0541, or 157.0542 or as
otherwise authorized by physician assistant board rule;
(9) signing or completing a prescription as provided by
Subchapter B, Chapter 157; and
(10) making appropriate referrals.
(c) The activities listed by Subsection (b) may be performed in
any place authorized by a supervising physician, including a
clinic, hospital, ambulatory surgical center, patient home,
nursing home, or other institutional setting.
(d) A physician assistant's signature attesting to the provision
of a service the physician assistant is legally authorized to
provide satisfies any documentation requirement for that service
established by a state agency.
(e) A physician assistant is the agent of the physician
assistant's supervising physician for any medical services that
are delegated by that physician and that:
(1) are within the physician assistant's scope of practice; and
(2) are delineated by protocols, practice guidelines, or
practice directives established by the supervising physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 112, Sec. 3, eff. May 11,
2001; Acts 2001, 77th Leg., ch. 178, Sec. 1, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1420, Sec. 14.054(a), eff. Sept. 1,
2001.
Sec. 204.203. IDENTIFICATION REQUIREMENTS. A physician
assistant shall:
(1) keep the physician assistant's license available for
inspection at the physician assistant's primary place of
business; and
(2) when engaged in the physician assistant's professional
activities, wear a name tag identifying the license holder as a
physician assistant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.204. SUPERVISION REQUIREMENTS. (a) A physician
assistant shall be supervised by a supervising physician. A
physician assistant may have more than one supervising physician.
The supervising physician oversees the activities of, and accepts
responsibility for, medical services provided by the physician
assistant.
(b) Supervision of a physician assistant by a supervising
physician must be continuous. The supervision does not require
the constant physical presence of the supervising physician where
physician assistant services are being performed, but, if a
supervising physician is not present, the supervising physician
and the physician assistant must be, or must be able to easily
be, in contact with one another by radio, telephone, or another
telecommunication device.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.2045. SERVICES PERFORMED DURING DISASTER. (a) The
supervision and delegation requirements of this chapter and
Subtitle B do not apply to medical tasks performed by a physician
assistant during a disaster under the state emergency management
plan adopted under Section 418.042, Government Code, or a
disaster declared by the governor or United States government.
This section does not apply to medical tasks performed by a
physician assistant for compensation or other remuneration.
(b) A physician assistant performing medical tasks under this
section is entitled to the immunity from liability provided by
Section 74.151, Civil Practice and Remedies Code.
(c) A physician assistant may perform tasks described by this
section:
(1) under the supervision of any physician who is also
performing volunteer work in the disaster; or
(2) without the supervision of a physician, if a physician is
not available to provide supervision.
(d) A physician assistant employed by the United States
government or licensed in another state may perform medical tasks
in this state in circumstances described by Subsection (a)
without holding a license in this state.
Added by Acts 2005, 79th Leg., Ch.
580, Sec. 1, eff. June 17, 2005.
Sec. 204.205. REQUIREMENTS FOR SUPERVISING PHYSICIAN. A
supervising physician must:
(1) hold an unrestricted and active license as a physician in
this state;
(2) notify the medical board of the physician's intent to
supervise a physician assistant;
(3) submit to the medical board a statement that the physician
will:
(A) supervise the physician assistant according to medical board
rule; and
(B) retain professional and legal responsibility for the care
provided by the physician assistant; and
(4) receive approval from the medical board to supervise the
physician assistant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.206. ESTABLISHMENT OF CERTAIN FUNCTIONS AND STANDARDS.
Each physician assistant and the physician assistant's
supervising physician shall ensure that:
(1) the physician assistant's scope of function is identified;
(2) delegation of medical tasks is appropriate to the physician
assistant's level of competence;
(3) the relationship between the physician assistant and the
supervising physician and the access of the physician assistant
to the supervising physician are defined; and
(4) a process is established for evaluating the physician
assistant's performance.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.207. ASSUMPTION OF PROFESSIONAL LIABILITY. (a) Each
supervising physician retains legal responsibility for a
physician assistant's patient care activities, including the
provision of care and treatment to a patient in a health care
facility.
(b) If a physician assistant is employed by an entity, including
a health care facility, the entity shares the legal
responsibility for the physician assistant's acts or omissions
with the physician assistant's supervising physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.208. DUTY TO REPORT; MEDICAL PEER REVIEW. (a) A
medical peer review committee in this state, physician assistant,
physician assistant student, or physician lawfully practicing
medicine in this state shall report relevant information to the
physician assistant board related to the acts of a physician
assistant in this state if, in the person's opinion, a physician
assistant poses a continuing threat to the public welfare through
practice as a physician assistant. The duty to report under this
section may not be nullified through contract.
(b) Sections 160.002, 160.003, 160.006, 160.007(d), 160.009,
160.013, 160.014, and 160.015 apply to medical peer review
relating to the practice of a physician assistant.
(c) A person, including a health care entity or medical peer
review committee, that without malice furnishes records,
information, or assistance to the physician assistant board is
immune from any civil liability arising from that act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.055, eff.
Sept. 1, 2001.
SUBCHAPTER F. COMPLAINTS AND INVESTIGATIVE INFORMATION
Sec. 204.251. COMPLAINT INFORMATION AND STATUS. (a) The
physician assistant board shall keep information on file about
each complaint filed with the board.
(b) If a written complaint is filed with the physician assistant
board relating to a person licensed by the board, the board, as
often as quarterly and until final determination of the action to
be taken on the complaint, shall notify the parties to the
complaint of the status of the complaint unless the notice would
jeopardize an active investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.2511. CONDUCT OF INVESTIGATION. The physician
assistant board shall complete a preliminary investigation of a
complaint filed with the physician assistant board not later than
the 30th day after the date of receiving the complaint. The
physician assistant board shall first determine whether the
physician assistant constitutes a continuing threat to the public
welfare. On completion of the preliminary investigation, the
physician assistant board shall determine whether to officially
proceed on the complaint. If the physician assistant board fails
to complete the preliminary investigation in the time required by
this section, the physician assistant board's official
investigation of the complaint is considered to commence on that
date.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.21, eff. September 1, 2005.
Sec. 204.252. LICENSE HOLDER ACCESS TO COMPLAINT INFORMATION.
(a) The physician assistant board shall provide a license holder
who is the subject of a formal complaint filed under this chapter
with access to all information in its possession that the board
intends to offer into evidence in presenting its case in chief at
the contested hearing on the complaint, subject to any other
privilege or restriction established by rule, statute, or legal
precedent. The board shall provide the information not later than
the 30th day after receipt of a written request from the license
holder or the license holder's counsel, unless good cause is
shown for delay.
(b) Notwithstanding Subsection (a), the board is not required to
provide:
(1) board investigative reports;
(2) investigative memoranda;
(3) the identity of a nontestifying complainant;
(4) attorney-client communications;
(5) attorney work product; or
(6) other material covered by a privilege recognized by the
Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(c) The provision of information does not constitute a waiver of
privilege or confidentiality under this chapter or other law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.253. HEALTH CARE ENTITY REQUEST FOR INFORMATION. On
the written request of a health care entity, the physician
assistant board shall provide to the entity:
(1) information about a complaint filed against a license holder
that was resolved after investigation by:
(A) a disciplinary order of the board; or
(B) an agreed settlement; and
(2) the basis of and current status of any complaint under
active investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.254. CONFIDENTIALITY OF INVESTIGATIVE INFORMATION. A
complaint, adverse report, investigation file, other report, or
other investigative information in the possession of or received
or gathered by the physician assistant board or a board employee
or agent relating to a license holder, a license application, or
a criminal investigation or proceeding is privileged and
confidential and is not subject to discovery, subpoena, or other
means of legal compulsion for release to any person other than
the board or a board employee or agent involved in license holder
discipline.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.255. PERMITTED DISCLOSURE OF INVESTIGATIVE INFORMATION.
(a) Investigative information in the possession of a physician
assistant board employee or agent that relates to the discipline
of a license holder may be disclosed to:
(1) a licensing authority in another state or country in which
the license holder is licensed or has applied for a license; or
(2) a peer review committee reviewing:
(A) an application for privileges; or
(B) the qualifications of the license holder with respect to
retaining privileges.
(b) If investigative information in the possession of the
physician assistant board or a board employee or agent indicates
that a crime may have been committed, the board shall report the
information to the proper law enforcement agency. The board shall
cooperate with and assist each law enforcement agency conducting
a criminal investigation of a license holder by providing
information relevant to the investigation. Confidential
information disclosed by the board to a law enforcement agency
under this subsection remains confidential and may not be
disclosed by the law enforcement agency except as necessary to
further the investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER G. DISCIPLINARY PROCEEDINGS
Sec. 204.301. DISCIPLINARY AUTHORITY OF BOARD. (a) Except as
provided by Section 204.305, on a determination that an applicant
or license holder committed an act described in Section 204.302,
204.303, or 204.304, the physician assistant board by order shall
take any of the following actions:
(1) deny the person's application for a license or license
renewal or revoke the person's license or other authorization;
(2) require the person to submit to the care, counseling, or
treatment of a health care practitioner designated by the
physician assistant board;
(3) stay enforcement of an order and place the person on
probation;
(4) require the person to complete additional training;
(5) suspend, limit, or restrict the person's license, including:
(A) limiting the practice of the person to, or excluding from
the practice, one or more specified activities of the practice as
a physician assistant; or
(B) stipulating periodic physician assistant board review;
(6) assess an administrative penalty against the person under
Section 204.351;
(7) order the person to perform public service; or
(8) administer a public reprimand.
(b) If the physician assistant board stays enforcement of an
order and places a person on probation, the board retains the
right to vacate the probationary stay and enforce the original
order for noncompliance with the terms of probation or impose any
other remedial measure or sanction authorized by this section.
(c) The physician assistant board may restore or reissue a
license or remove any disciplinary or corrective measure that the
board has imposed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 2.22, eff. September 1, 2005.
Sec. 204.3011. DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.
(a) The physician assistant board may delegate to a committee of
medical board employees the authority to dismiss or enter into an
agreed settlement of a complaint that does not relate directly to
patient care or that involves only administrative violations.
The disposition determined by the committee must be approved by
the physician assistant board at a public meeting.
(b) A complaint delegated under this section shall be referred
for informal proceedings under Section 204.312 if:
(1) the committee of employees determines that the complaint
should not be dismissed or settled;
(2) the committee is unable to reach an agreed settlement; or
(3) the affected physician assistant requests that the complaint
be referred for informal proceedings.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.23, eff. September 1, 2005.
Sec. 204.302. CONDUCT RELATED TO FRAUD OR MISREPRESENTATION.
The physician assistant board may take action under Section
204.301 against an applicant or license holder who:
(1) fraudulently or deceptively obtains or attempts to obtain a
license;
(2) fraudulently or deceptively uses a license;
(3) falsely represents that the person is a physician;
(4) acts in an unprofessional or dishonorable manner that is
likely to deceive, defraud, or injure the public;
(5) fraudulently alters a physician assistant license,
certificate, or diploma;
(6) uses a physician assistant license, certificate, or diploma
that has been fraudulently purchased, issued, or counterfeited or
that has been materially altered;
(7) directly or indirectly aids or abets a person not licensed
to practice as a physician assistant in practicing as a physician
assistant; or
(8) unlawfully advertises in a false, misleading, or deceptive
manner, as described by Section 101.201.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.303. CONDUCT RELATED TO VIOLATION OF LAW. (a) The
physician assistant board may take action under Section 204.301
against an applicant or license holder who:
(1) violates this chapter or a rule adopted under this chapter;
(2) is convicted of a felony, placed on deferred adjudication,
or placed in a pretrial diversion program;
(3) violates state law if the violation is connected with
practice as a physician assistant;
(4) fails to keep complete and accurate records of the purchase
and disposal of drugs as required by Chapter 483, Health and
Safety Code, or any subsequent rules; or
(5) writes a false or fictitious prescription for a dangerous
drug as defined by Chapter 483, Health and Safety Code.
(b) A complaint, indictment, or conviction of a law violation is
not necessary for the physician assistant board to act under
Subsection (a)(3). Proof of the commission of the act while in
practice as a physician assistant or under the guise of practice
as a physician assistant is sufficient for action by the
physician assistant board.
(c) A failure to keep the records described under Subsection
(a)(4) for a reasonable time is grounds for disciplinary action
against a physician assistant. The physician assistant board or
its representative may enter and inspect a physician assistant's
place or places of practice during reasonable business hours to:
(1) verify the correctness of the records; and
(2) inventory the drugs on hand.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.304. CONDUCT INDICATING LACK OF FITNESS. (a) The
physician assistant board may take action under Section 204.301
against an applicant or license holder who:
(1) habitually uses drugs or intoxicating liquors to the extent
that, in the board's opinion, the person cannot safely perform as
a physician assistant;
(2) has been adjudicated as mentally incompetent;
(3) has a mental or physical condition that renders the person
unable to safely perform as a physician assistant;
(4) has committed an act of moral turpitude;
(5) has failed to practice as a physician assistant in an
acceptable manner consistent with public health and welfare;
(6) has had the person's license to practice as a physician
assistant suspended, revoked, or restricted;
(7) has had other disciplinary action taken by another state or
by the uniformed services of the United States regarding practice
as a physician assistant;
(8) prescribes, dispenses, or administers a drug or treatment
that is nontherapeutic in nature or nontherapeutic in the manner
the drug or treatment is prescribed, dispensed, or administered;
(9) is removed or suspended from, or has had disciplinary action
taken by the person's peers in, any professional association or
society, or is being disciplined by a licensed hospital or
medical staff of a hospital, including removal, suspension,
limitation of privileges, or other disciplinary action, if the
reason for the discipline, in the board's opinion, is
unprofessional conduct or professional incompetence likely to
harm the public;
(10) has repeated or recurring meritorious health care liability
claims that, in the board's opinion, are evidence of professional
incompetence likely to harm the public; or
(11) sexually abuses or exploits another person through the
license holder's practice as a physician assistant.
(b) A certified copy of the record of the state or uniformed
services of the United States taking an action described by
Subsection (a)(7) is conclusive evidence of the action.
(c) An action described by Subsection (a)(9) does not constitute
state action on the part of the association, society, or hospital
medical staff.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.3045. PHYSICAL OR MENTAL EXAMINATION. (a) The
physician assistant board shall adopt guidelines, in conjunction
with persons interested in or affected by this section, to enable
the physician assistant board to evaluate circumstances in which
a physician assistant or applicant may be required to submit to
an examination for mental or physical health conditions, alcohol
and substance abuse, or professional behavior problems.
(b) The physician assistant board shall refer a physician
assistant or applicant with a physical or mental health condition
to the most appropriate medical specialist for evaluation. The
physician assistant board may not require a physician assistant
or applicant to submit to an examination by a physician having a
specialty specified by the physician assistant board unless
medically indicated. The physician assistant board may not
require a physician assistant or applicant to submit to an
examination to be conducted an unreasonable distance from the
person's home or place of business unless the physician assistant
or applicant resides and works in an area in which there are a
limited number of physicians able to perform an appropriate
examination.
(c) The guidelines adopted under this section do not impair or
remove the physician assistant board's power to make an
independent licensing decision.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.24, eff. September 1, 2005.
Sec. 204.308. SUBPOENA. (a) The executive director or the
secretary-treasurer of the medical board may issue a subpoena or
subpoena duces tecum for the physician assistant board to:
(1) conduct an investigation or a contested proceeding related
to:
(A) alleged misconduct by a physician assistant;
(B) an alleged violation of this chapter or other law related to
practice as a physician assistant; or
(C) the provision of health care under this chapter;
(2) issue, suspend, restrict, or revoke a license under this
chapter; or
(3) deny or grant an application for a license under this
chapter.
(b) Failure to timely comply with a subpoena issued under this
section is a ground for:
(1) disciplinary action by the physician assistant board or
another licensing or regulatory agency with jurisdiction over the
person subject to the subpoena; and
(2) denial of a license application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.309. PROTECTION OF PATIENT IDENTITY. In a disciplinary
investigation or proceeding conducted under this chapter, the
physician assistant board shall protect the identity of each
patient whose medical records are examined and used in a public
proceeding unless the patient:
(1) testifies in the public proceeding; or
(2) submits a written release in regard to the patient's records
or identity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 204.310. REQUIRED SUSPENSION OF LICENSE OF INCARCERATED
PHYSICIAN ASSISTANT. Regardless of the offense, the physician
assistant board shall suspend the license of a physician
assistant serving a prison term in a state or federal
penitentiary during the term of the incarceration.
Added by Acts 2001, 77th Leg., ch. 578, Sec. 2, eff. Sept. 1,
2001.
Sec. 204.311. TEMPORARY SUSPENSION. (a) The presiding officer
of the physician assistant board, with board approval, shall
appoint a three-member disciplinary panel consisting of board
members to determine whether a person's license to practice as a
physician assistant should be temporarily suspended.
(b) If the disciplinary panel determines from the evidence or
information presented to the panel that a person licensed to
practice as a physician assistant would, by the person's
continuation in practice, constitute a continuing threat to the
public welfare, the disciplinary panel shall temporarily suspend
the license of that person.
(c) A license may be suspended under this section without notice
or hearing on the complaint if:
(1) institution of proceedings for a hearing before the
physician assistant board is initiated simultaneously with the
temporary suspension; and
(2) a hearing is held under Chapter 2001, Government Code, and
this chapter as soon as possible.
(d) Notwithstanding Chapter 551, Government Code, the
disciplinary panel may hold a meeting by telephone conference
call if immediate action is required and convening of the panel
at one location is inconvenient for any member of the
disciplinary panel.
Added by Acts 2001, 77th Leg., ch. 578, Sec. 2, eff. Sept. 1,
2001.
Sec. 204.312. INFORMAL PROCEEDINGS. (a) The physician
assistant board by rule shall adopt procedures governing:
(1) informal disposition of a contested case under Section
2001.056, Government Code; and
(2) informal proceedings held in compliance with Section
2001.054, Government Code.
(b) Rules adopted under this section must require that:
(1) an informal meeting in compliance with Section 2001.054,
Government Code, be scheduled not later than the 180th day after
the date the complaint is filed with the physician assistant
board, unless good cause is shown by the physician assistant
board for scheduling the informal meeting after that date;
(2) the physician assistant board give notice to the license
holder of the time and place of the meeting not later than the
30th day before the date the meeting is held;
(3) the complainant and the license holder be provided an
opportunity to be heard;
(4) at least one of the physician assistant board members
participating in the informal meeting as a panelist be a member
who represents the public;
(5) the physician assistant board's legal counsel or a
representative of the attorney general be present to advise the
physician assistant board or the medical board's staff; and
(6) a member of the medical board's staff be at the meeting to
present to the physician assistant board's representative the
facts the staff reasonably believes it could prove by competent
evidence or qualified witnesses at a hearing.
(c) An affected physician assistant is entitled to:
(1) reply to the staff's presentation; and
(2) present the facts the physician assistant reasonably
believes the physician assistant could prove by competent
evidence or qualified witnesses at a hearing.
(d) After ample time is given for the presentations, the
physician assistant board representative shall recommend that the
investigation be closed or shall attempt to mediate the disputed
matters and make a recommendation regarding the disposition of
the case in the absence of a hearing under applicable law
concerning contested cases.
(e) If the license holder has previously been the subject of
disciplinary action by the physician assistant board, the
physician assistant board shall schedule the informal meeting as
soon as practicable but not later than the deadline prescribed by
Subsection (b)(1).
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.27, eff. September 1, 2005.
Sec. 204.313. PHYSICIAN ASSISTANT BOARD REPRESENTATION IN
INFORMAL PROCEEDINGS. (a) In an informal meeting under Section
204.312, at least two panelists shall be appointed to determine
whether an informal disposition is appropriate.
(b) Notwithstanding Subsection (a) and Section 204.312(b)(4), an
informal proceeding may be conducted by one panelist if the
affected physician assistant waives the requirement that at least
two panelists conduct the informal proceeding. If the physician
assistant waives that requirement, the panelist may be any member
of the physician assistant board.
(c) The panel requirements described by Subsections (a) and (b)
apply to an informal proceeding conducted by the physician
assistant board under Section 204.312, including a proceeding to:
(1) consider a disciplinary case to determine if a violation has
occurred; or
(2) request modification or termination of an order.
(d) The panel requirements described by Subsections (a) and (b)
do not apply to an informal proceeding conducted by the physician
assistant board under Section 204.312 to show compliance with an
order of the physician assistant board.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 2.28, eff. September 1, 2005.
Sec. 204.314. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN
INFORMAL PROCEEDINGS. (a) A physician assistant board member
that serves as a panelist at an informal meeting under Section
204.312 shall make recommendations for the disposition of a
complaint or allegation. The member may request the assistance
of a medical board employee at any time.
(b) Medical board employees shall present a summary of the
allegations against the affected physician assistant and of the
facts pertaining to the allegation that the employees reasonably
believe may be proven by competent evidence at a formal hearing.
(c) A physician assistant board or medical board attorney shall
act as counsel to the panel and, notwithstanding Subsection (e),
shall be present during the informal meeting and the panel's
deliberations to advise the panel on legal issues that arise
during the proceeding. The attorney may ask questions of
participants in the informal meeting to clarify any statement
made by the participant. The attorney shall provide to the panel
a historical perspective on comparable cases that have appeared
before the physician assistant board or medical board, keep the
proceedings focused on the case being discussed, and ensure that
the medical board's employees and the affected physician
assistant have an opportunity to present information related to
the case. During the panel's deliberations, the attorney may be
present only to advise the panel on legal issues and to provide
information on comparable cases that have appeared before the
physician assistant board or medical board.
(d) The panel and medical board employees shall provide an
opportunity for the affected physician assistant and the
physician assistant's authorized representative to reply to the
medical board employees' presentation and to present oral and
written statements and facts that the physician assistant and
representative reasonably believe could be proven by competent
evidence at a formal hearing.
(e) An employee of the medical board who participated in the
presentation of the allegation or information gathered in the
investigation of the complaint, the affected physician assistant,
the physician assistant's authorized representative, the
complainant, the witnesses, and members of the public may not be
present during the deliberations of the panel. Only the members
of the panel and the attorney serving as counsel to the panel may
be present during the deliberations.
(f) The panel shall recommend the dismissal of the complaint or
allegations or, if the panel determines that the affected
physician assistant has violated a statute or physician assistant
board rule, the panel may recommend physician assistant board
action and terms for an informal settlement of the case.
(g) The panel's recommendations under Subsection (f) must be
made in a written order and presented to the affected physician
assistant and the physician assistant's authorized
representative. The physician assistant may