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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Medical Disclosure Panel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.102, Civil Practice and Remedies |
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Code, is amended by amending Subsections (b), (c), (d), and (h) and |
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adding Subsection (i) to read as follows: |
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(b) The disclosure panel established herein is |
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administratively attached to the [Texas Department of] Health and |
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Human Services Commission. The commission [Texas Department of |
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Health], at the request of the disclosure panel, shall provide |
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administrative assistance to the panel; and the commission [Texas |
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Department of Health] and the disclosure panel shall coordinate |
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administrative responsibilities in order to avoid unnecessary |
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duplication of facilities and services. The commission [Texas |
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Department of Health], at the request of the panel, shall submit the |
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panel's budget request to the legislature. The panel shall be |
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subject, except where inconsistent, to the rules and procedures of |
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the commission [Texas Department of Health]; however, the duties |
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and responsibilities of the panel as set forth in this chapter shall |
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be exercised solely by the disclosure panel, and the executive |
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commissioner of the commission [board] or the commission [Texas |
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Department of Health] shall have no authority or responsibility |
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with respect to same. |
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(c) The disclosure panel is composed of 11 [nine] members, |
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with two members representing the public, at least one of whom has a |
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background in health literacy, three members licensed to practice |
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law in this state, at least one of whom is board certified in |
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personal injury trial law by the Texas Board of Legal |
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Specialization and at least one of whom is board certified in health |
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law by the Texas Board of Legal Specialization, and six members |
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licensed to practice medicine in this state. Members of the |
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disclosure panel shall be selected by the executive commissioner of |
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the Health and Human Services Commission [health]. |
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(d) At the expiration of the term of each member of the |
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disclosure panel so appointed, the executive commissioner of the |
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Health and Human Services Commission shall select a successor, and |
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such successor shall serve for a term of six years, or until that |
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member's [his] successor is selected. Any member who is absent for |
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three consecutive meetings without the consent of a majority of the |
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disclosure panel present at each such meeting may be removed by the |
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executive commissioner at the request of the disclosure panel |
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submitted in writing and signed by the chairman. Upon the death, |
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resignation, or removal of any member, the executive commissioner |
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shall fill the vacancy by selection for the unexpired portion of the |
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term. |
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(h) Employees of the [Texas Department of] Health and Human |
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Services Commission shall serve as the staff for the panel. |
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(i) When appointing panel members representing the public, |
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the executive commissioner of the Health and Human Services |
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Commission may not appoint a registered lobbyist, a health care |
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provider or the spouse of a health care provider, or a person who |
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works in any health care-related field, including health insurance. |
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The executive commissioner shall give preference to persons with |
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experience in advocating for the public interest. |
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SECTION 2. The heading to Section 74.103, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 74.103. DUTIES OF DISCLOSURE PANEL; LIMITATIONS ON |
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AUTHORITY. |
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SECTION 3. Section 74.103, Civil Practice and Remedies |
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Code, is amended by adding Subsection (e) to read as follows: |
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(e) The panel is not authorized to take any action that may |
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be interpreted as changing the scope of practice authority of any |
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physician or health care provider. |
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SECTION 4. Not later than January 1, 2024, the executive |
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commissioner of the Health and Human Services Commission shall |
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appoint new members to the Texas Medical Disclosure Panel in |
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accordance with Section 74.102, Civil Practice and Remedies Code, |
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as amended by this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |
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