1-1 By: Crabb (Senate Sponsor - Nelson) H.B. No. 2669
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 17, 1995, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 17, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation by the Texas State Board of Medical
1-9 Examiners of certain physicians located in other jurisdictions who
1-10 perform acts constituting the practice of medicine in this state.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 3.06(b), Medical Practice Act (Article
1-13 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-14 follows:
1-15 (b) This Act does not apply to:
1-16 (1) dentists, duly qualified and registered under the
1-17 laws of this state who confine their practice strictly to
1-18 dentistry;
1-19 (2) duly licensed optometrists who confine their
1-20 practice strictly to optometry as defined by law;
1-21 (3) duly licensed chiropractors who confine their
1-22 practice strictly to chiropractic as defined by law;
1-23 (4) registered or professional nurses and licensed
1-24 vocational nurses registered or licensed under the laws of this
1-25 state who confine their practice strictly within the provisions of
1-26 such applicable licensing Acts and the laws of this state;
1-27 (5) duly licensed podiatrists who confine their
1-28 practice strictly to podiatry as defined by law;
1-29 (6) duly licensed or certified psychologists who
1-30 confine their activities or practice strictly to psychology as
1-31 defined by law;
1-32 (7) duly licensed physical therapists who confine
1-33 their activities or practice strictly to physical therapy and who
1-34 are not in violation of any law relating to physical therapy
1-35 practice;
1-36 (8) commissioned or contract surgeons of the uniformed
1-37 services of the United States or in the Public Health Service in
1-38 the performance of their duties and not engaged in private
1-39 practice;
1-40 (9) any person furnishing medical assistance in case
1-41 of an emergency or disaster situation if no charge is made for the
1-42 medical assistance;
1-43 (10) a student in training in a medical school
1-44 approved by the board while performing the duties assigned in the
1-45 course of training, providing the duties are performed under the
1-46 supervision of a licensed practitioner, except that medical
1-47 residents, interns, and fellows shall be required to register and
1-48 be subject to the other applicable provisions of this Act;
1-49 (11) a legally qualified physician <physicians> of
1-50 another state <other states called in consultation but> who is in
1-51 this state for consultation with physicians licensed in this state
1-52 but who does not:
1-53 (A) have an <no> office in this state; or
1-54 (B) <Texas and who> appoint a <no> place in this
1-55 state for seeing, examining, or treating patients; or
1-56 (12) any other activities that the board may designate
1-57 as exempt from the application of this Act.
1-58 SECTION 2. Section 3.06, Medical Practice Act (Article
1-59 4495b, Vernon's Texas Civil Statutes), is amended by adding
1-60 Subsection (i) to read as follows:
1-61 (i) A person who is physically located in another
1-62 jurisdiction but who, through the use of any medium, including an
1-63 electronic medium, performs an act that is part of a patient care
1-64 service initiated in this state, including the taking of an X-ray
1-65 examination or the preparation of pathological material for
1-66 examination, and that would affect the diagnosis or treatment of
1-67 the patient, is engaged in the practice of medicine in this state
1-68 for the purposes of this Act and is subject to this Act and to
2-1 appropriate regulation by the board. This subsection does not
2-2 apply to:
2-3 (1) the acts of a medical specialist located in
2-4 another jurisdiction who provides only episodic consultation
2-5 services on request to a person licensed in this state who
2-6 practices in the same medical specialty;
2-7 (2) the acts of a physician located in another
2-8 jurisdiction who is providing consultation services to a medical
2-9 school as defined in Section 61.501, Education Code; or
2-10 (3) the acts of a physician located in another
2-11 jurisdiction who is providing consultation services to an
2-12 institution defined in either Subchapter C, Chapter 73, Education
2-13 Code, or Subchapter K, Chapter 74, Education Code.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.
2-21 * * * * *