BILL ANALYSIS H.B. 2669 By: Crabb (Nelson) Health and Human Services 05-17-95 Senate Committee Report (Unamended) BACKGROUND Currently, the Texas State Board of Medical Examiners has no authority to regulate out-of-state physicians who use electronic telecommunication technologies to practice medicine in Texas. PURPOSE As proposed, H.B. 2669 declares that a person physically located in another jurisdiction who performs an act that is part of a patient care service initiated in this state and that would affect the diagnosis or treatment of the patient is engaged in the practice of medicine in this state and is subject to Article 4495b, V.T.C.S. (Medical Practice Act), and to regulation by the Texas State Board of Medical Examiners. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3.06(b), Article 4495b, V.T.C.S. (Medical Practice Act), to provide that this Act does not apply to, among others, a legally qualified physician of another state who is in this state for consultation with physicians licensed in this state but who does not have an office in this state or does not appoint a place in this state for seeing, examining, or treating patients. SECTION 2. Amends Section 3.06, Article 4495b, V.T.C.S., by adding Subsection (i), to provide that a person who is physically located in another jurisdiction but who, through the use of any medium, performs an act that is part of a patient care service initiated in this state and that would affect the diagnosis or treatment of the patient, is engaged in the practice of medicine in this state for the purposes of this Act and is subject to this Act and to appropriate regulation by the Texas State Board of Medical Examiners. Provides that this subsection does not apply to acts of a medical specialist located in another jurisdiction who provides only episodic consultation services on request to a person licensed in this state who practices in the same medical specialty, or to the acts of a physician located in another jurisdiction who is providing consultation services to a medical school or to an institution defined in Chapter 73C or 74K, Education Code. SECTION 3. Emergency clause. Effective date: upon passage.