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.