BILL ANALYSIS S.B. 1303 By: Cain (Berlanga) 05-09-95 Committee Report (Unamended) BACKGROUND Currently, when a physician is believed to be impaired, only private organizations intervene to ensure that the physician seeks treatment and that the physician's patients are protected from the impaired physician. PURPOSE S.B. 1303 would allow the Texas State Board of Medical Examiners to impose a nondisciplinary rehabilitation order on certain impaired physicians. 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 3.07(a), Medical Practice Act (Article 4495b, V.T.C.S.), to require a person practicing medicine in this state to be licensed under this Act. States that a person practicing without a valid license or permit who causes physical or psychological harm to another shall be punished for a third degree felony, if convicted, and that a person causing financial harm shall be punished for a state jail felony, if convicted. SECTION 2. Adds Section 3.081 to Subchapter C, Medical Practice Act (Article 4495b, V.T.C.S.), as follows: Sec. 3.081. REHABILITATION ORDER. (a) Authorizes the Texas State Board of Medical Examiners (board), through an agreed order or after a contested proceeding, to impose a nondisciplinary rehabilitation order on any licensee or, as a prerequisite for issuing a license, on any licensure applicant based on certain factors. (b) Requires a rehabilitation order entered pursuant to this section to be a nondisciplinary private order and to contain findings of fact and conclusions of law. Sets forth requirements for a rehabilitation order under this section. (c) Authorizes a rehabilitation order pursuant to this section to impose a revocation, cancellation, suspension, period of probation or restriction, or any other terms and conditions under Section 4.12 of this Act or as otherwise agreed to by the board and the individual subject to the order. (d) Prohibits this section from preventing or limiting the authority of the board to take action to suspend a license temporarily under Section 4.13 of this Act. (e) Allows a violation of a rehabilitation order under this section to result in disciplinary action under the provisions of this Act for contested matters or pursuant to the terms of the agreed order. Allows the violation of an order to be grounds for disciplinary action based on unprofessional or dishonorable conduct or any of the provisions of Section 3.08 of this Act which may apply to the misconduct which resulted in violation of the order. Also allows a violation of an order to be grounds for temporary suspension of the individual's license pursuant to Section 4.13 of this Act. (f) Requires the rehabilitation orders entered pursuant to this section to be kept in a confidential file which shall be subject to an independent audit by state auditors or private auditors contracted by the board to perform the audit. Allows the audits to be performed at any time at the direction of the board. Sets forth requirements for the audit. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 1303 was considered by the Public Health Committee in a public hearing on May 9, 1995. The following person testified neutrally on the bill: Bruce A. Levy, M.D., J.D., representing self. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 AYES, 0 NAYS, 0 PNV, and 2 ABSENT.