H.R. No. 871
                                  R E S O L U T I O N
    1-1        BE IT RESOLVED by the House of Representatives of the State
    1-2  of Texas, That Rule 13, Section 9(a), Rules of the House of
    1-3  Representatives, 73rd Legislature, Regular Session, 1993, is
    1-4  suspended, as provided by House Rule 13, Section 9(f), to enable
    1-5  the conference committee appointed to adjust the differences
    1-6  between the house and senate versions of S.B. No. 1062, relating to
    1-7  the continuation and operation of the Texas State Board of Medical
    1-8  Examiners and to the regulation of the practice of medicine,
    1-9  including the practice of acupuncture, to successfully conclude the
   1-10  committee's deliberations, by taking action on the following
   1-11  specific matters:
   1-12        (1)  House Rule 13, Section 9(a)(2), is suspended to permit
   1-13  the committee to amend redesignated Section 4.02(i), Medical
   1-14  Practice Act, by striking "or criminal" and by striking ", and Rule
   1-15  408, Texas Rules of Criminal Evidence".
   1-16        Explanation:  This change is necessary to permit admission
   1-17  into evidence in criminal litigation of an agreed disposition of a
   1-18  complaint brought before the Texas State Board of Medical
   1-19  Examiners.
   1-20        (2)  House Rule 13, Section 9(a)(2), is suspended to permit
   1-21  the committee to amend redesignated Section 4.02(n), Medical
   1-22  Practice Act, by striking "subsequent".
   1-23        Explanation:  This change is necessary to ensure that the
   1-24  staff of the Texas State Board of Medical Examiners and the
    2-1  representatives of the board that participate in an informal
    2-2  meeting with a licensee are subject to the ex parte provisions of
    2-3  the Administrative Procedure and Texas Register Act with regard to
    2-4  all contacts with board members and administrative law judges
    2-5  concerning the case and not merely contacts occurring after the
    2-6  informal meeting.
    2-7        (3)  House Rule 13, Sections 9(a)(3) and (4), are suspended
    2-8  to permit the committee to add the following Subsection (e) to
    2-9  Section 4.126, Medical Practice Act:
   2-10        (e)  The attorney general may not institute an action for a
   2-11  civil penalty against a person described by Section 3.06(c) or (e)
   2-12  of this Act if the person is not in violation of or threatening to
   2-13  violate this Act or a rule or order adopted by the board.
   2-14        Explanation:  This change is necessary to clarify that the
   2-15  attorney general may not institute an action for a civil penalty
   2-16  against a person who provides nutritional advice, gives advice
   2-17  concerning proper nutrition, provides or seeks advice or
   2-18  information pertaining to that person's own self-treatment or
   2-19  self-care, or disseminates information pertaining to self-care, if
   2-20  the person is not in violation of or threatening to violate the
   2-21  Medical Practice Act or a rule or order adopted by the Texas State
   2-22  Board of Medical Examiners.
   2-23  Board of Medical Examiners.
   2-24                                                                 Cain
   2-25                                                      H.R. No. 871
   2-26                                      _______________________________
   2-27                                            Speaker of the House
    3-1        I certify that H.R. No. 871 was adopted by the House on May
    3-2  29, 1993, by a non-record vote.
    3-3                                      _______________________________
    3-4                                          Chief Clerk of the House