By: Parker S.R. No. 1157 SENATE RESOLUTION 1-1 BE IT RESOLVED by the Senate of the State of Texas, That Rule 1-2 12.03, Rules of the Senate, 73rd Legislature, Regular Session, 1-3 1993, is suspended, as provided by Senate Rule 12.08, to enable the 1-4 Senate to the extent described in this Resolution to permit the 1-5 conference committee appointed to adjust the differences between 1-6 the House and Senate versions of S.B. No. 1062, relating to the 1-7 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) Senate Rule 12.03(2) is suspended to permit the 1-13 committee to amend redesignated Section 4.02(i), Medical Practice 1-14 Act, by striking "or criminal" and by striking ", and Rule 408, 1-15 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) Senate Rule 12.03(2) is suspended to permit the 1-21 committee to amend redesignated Section 4.02(n), Medical Practice 1-22 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) Senate Rules 12.03(3) and (4) are suspended to permit 2-8 the committee to add the following Subsection (e) to Section 4.126, 2-9 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 _____________________________________ 2-24 President of the Senate 2-25 I hereby certify that the 2-26 above Resolution was adopted by 2-27 the Senate on May 29, 1993. 3-1 _____________________________________ 3-2 Secretary of the Senate