BILL ANALYSIS C.S.H.B. 2669 By: Crabb 04-13-95 Committee Report (Substituted) BACKGROUND Currently, the Texas State Board of Medical Examiners (Board) has no authority to regulate out-of-state physicians who use electronic telecommunication technologies to practice medicine in Texas. An out-of-state radiologist, for example, can use this technology to read radiological films of Texas patients. Patients receiving such care are not protected by the licensing and regulation that the Board requires of in-state physicians, and the Board has no authority to evaluate the qualifications of or to monitor the standards of practice of these physicians. PURPOSE H.B. 2669 gives the Texas State Board of Medical Examiners the authority to regulate out-of-state physicians who use an electronic medium to practice medicine in Texas. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3.06(b), Medical Practice Act, (Article 4495b, Vernon's Texas Civil Statutes), to include an out-of-state physician who is consulting in Texas with state licensed physicians among the persons to which this Act does not apply. Provides that a physician who is exempt may not have an office or location in the state used for medical treatment of patients. SECTION 2. Adds Section 3.06(i) to the Medical Practice Act, (Article 4495b, V.T.C.S.), providing that a person who is physically located in another jurisdiction using any medium, including an electronic medium, to perform an act in this state, including patient care initiated in this state, taking an X-ray, or preparing pathological material for examination and therefore affecting the diagnosis or treatment of a patient, is engaged in the practice of medicine in this state and is subject to this Act and regulation by the Board. Establishes that this Subsection does not apply to a medical specialist located in another jurisdiction and providing occasional or episodic consultation services on request to a person licensed in this state who practices the same medical specialty. SECTION 3. Emergency clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The Substitute for H.B. 2669 clarifies the bill in Section 3.06(i), Medical Practice Act, Article 4495b, V.T.C.S., by specifying that this applies to a person using any medium, not just an electronic medium, and that this applies to patient care service initiated in this state affecting the diagnosis or treatment of the patient. Specifies the medical practices affected by this, including taking an X-ray or preparing pathological material for examination, and that this subsection does not apply to the act of a medical specialist located in another jurisdiction providing occasional or episodic consultation services to a person licensed in this state who practices the same medical specialty. SUMMARY OF COMMITTEE ACTION H.B. 2669 was considered by the Public Health Committee in a public hearing on April 11, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The following persons testified for the bill: Representative Crabb, author of the bill. Thomas Michael Wheeler, representing the Texas Society of Pathologists. Charles W. Yeats, Jr., representing self and Texas Radiological Society. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 5 Ayes, 0 Nays, 0 PNV, AND 4 Absent.