By Crabb                                              H.B. No. 2669
       74R7285 PB-D
                                 A BILL TO BE ENTITLED
    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 an electronic medium,
    3-6  performs an act in this state that constitutes the practice of
    3-7  medicine, including the issuance of an order for services, is
    3-8  engaged in the practice of medicine in this state for the purposes
    3-9  of this Act and is subject to this Act and to appropriate
   3-10  regulation by the board.
   3-11        SECTION 3.  The importance of this legislation and the
   3-12  crowded condition of the calendars in both houses create an
   3-13  emergency and an imperative public necessity that the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended,
   3-16  and that this Act take effect and be in force from and after its
   3-17  passage, and it is so enacted.