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.