BILL ANALYSIS


                                                    C.S.S.B. 1303
                                                         By: Cain
                                        Health and Human Services
                                                          4-20-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, only private organizations intervene when a physician is
believed to be impaired, in order to ensure that the physician
seeks treatment and that the physician's patients are protected
from the impaired physician.

PURPOSE

As proposed, C.S.S.B. 1303 authorizes the Texas State Board of
Medical Examiners to impose a nondisciplinary rehabilitation order
on certain impaired physicians, and creates the Physicians' Peer
Health Assistance Program and corresponding fund for physicians
needing assistance in dealing with certain physical, emotional, or
psychological problems.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas State Board of Medical Examiners under SECTION 4
(Section 5.095(h), Article 4495b, V.T.C.S.) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3.07(a), Article 4495b, V.T.C.S. (Medical
Practice Act), to require a person practicing medicine in this
state to be licensed under this Act.  Requires a person practicing
medicine without a valid license or permit and who causes physical,
psychological, or financial harm to another by such practice, on
conviction, to be punished for a third degree felony.

SECTION 2. Amends Subchapter C, Article 4495b, V.T.C.S., by adding
Section 3.081, 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) Authorizes 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.  Authorizes 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. 
       Authorizes 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.  Sets forth requirements for the audit.  Declares the
       audit to be for the purpose of ensuring that only qualified
       licensees are subject to rehabilitation orders.
       
       SECTION 3.   Effective date: September 1, 1995.

SECTION 4. Emergency clause.