By:  Parker                                     S.R. No. 1157
       73R11854 SMH-D
                                  R E S O L U T I O N
    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.