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.