H.B. No. 2669
1-1 AN ACT
1-2 relating to the regulation by the Texas State Board of Medical
1-3 Examiners of certain physicians located in other jurisdictions who
1-4 perform acts constituting the practice of medicine in this state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3.06(b), Medical Practice Act (Article
1-7 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-8 follows:
1-9 (b) This Act does not apply to:
1-10 (1) dentists, duly qualified and registered under the
1-11 laws of this state who confine their practice strictly to
1-12 dentistry;
1-13 (2) duly licensed optometrists who confine their
1-14 practice strictly to optometry as defined by law;
1-15 (3) duly licensed chiropractors who confine their
1-16 practice strictly to chiropractic as defined by law;
1-17 (4) registered or professional nurses and licensed
1-18 vocational nurses registered or licensed under the laws of this
1-19 state who confine their practice strictly within the provisions of
1-20 such applicable licensing Acts and the laws of this state;
1-21 (5) duly licensed podiatrists who confine their
1-22 practice strictly to podiatry as defined by law;
1-23 (6) duly licensed or certified psychologists who
1-24 confine their activities or practice strictly to psychology as
2-1 defined by law;
2-2 (7) duly licensed physical therapists who confine
2-3 their activities or practice strictly to physical therapy and who
2-4 are not in violation of any law relating to physical therapy
2-5 practice;
2-6 (8) commissioned or contract surgeons of the uniformed
2-7 services of the United States or in the Public Health Service in
2-8 the performance of their duties and not engaged in private
2-9 practice;
2-10 (9) any person furnishing medical assistance in case
2-11 of an emergency or disaster situation if no charge is made for the
2-12 medical assistance;
2-13 (10) a student in training in a medical school
2-14 approved by the board while performing the duties assigned in the
2-15 course of training, providing the duties are performed under the
2-16 supervision of a licensed practitioner, except that medical
2-17 residents, interns, and fellows shall be required to register and
2-18 be subject to the other applicable provisions of this Act;
2-19 (11) a legally qualified physician <physicians> of
2-20 another state <other states called in consultation but> who is in
2-21 this state for consultation with physicians licensed in this state
2-22 but who does not:
2-23 (A) have an <no> office in this state; or
2-24 (B) <Texas and who> appoint a <no> place in this
2-25 state for seeing, examining, or treating patients; or
2-26 (12) any other activities that the board may designate
2-27 as exempt from the application of this Act.
3-1 SECTION 2. Section 3.06, Medical Practice Act (Article
3-2 4495b, Vernon's Texas Civil Statutes), is amended by adding
3-3 Subsection (i) to read as follows:
3-4 (i) A person who is physically located in another
3-5 jurisdiction but who, through the use of any medium, including an
3-6 electronic medium, performs an act that is part of a patient care
3-7 service initiated in this state, including the taking of an X-ray
3-8 examination or the preparation of pathological material for
3-9 examination, and that would affect the diagnosis or treatment of
3-10 the patient, is engaged in the practice of medicine in this state
3-11 for the purposes of this Act and is subject to this Act and to
3-12 appropriate regulation by the board. This subsection does not
3-13 apply to:
3-14 (1) the acts of a medical specialist located in
3-15 another jurisdiction who provides only episodic consultation
3-16 services on request to a person licensed in this state who
3-17 practices in the same medical specialty;
3-18 (2) the acts of a physician located in another
3-19 jurisdiction who is providing consultation services to a medical
3-20 school as defined in Section 61.501, Education Code; or
3-21 (3) the acts of a physician located in another
3-22 jurisdiction who is providing consultation services to an
3-23 institution defined in either Subchapter C, Chapter 73, Education
3-24 Code, or Subchapter K, Chapter 74, Education Code.
3-25 SECTION 3. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended,
4-3 and that this Act take effect and be in force from and after its
4-4 passage, and it is so enacted.