By: Cain S.B. No. 1303
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the practice of medicine, including the rehabilitation
1-2 of impaired physicians and the unlicensed practice of medicine;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 3.07, Medical Practice
1-6 Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
1-7 read as follows:
1-8 (a) A person practicing medicine in this state must be
1-9 licensed under this Act. A person practicing medicine in violation
1-10 of this Act commits an offense. Except as provided by this
1-11 section, an offense under this section is a Class A misdemeanor.
1-12 (1) If it be shown in the trial of a violation of this
1-13 Act that the person has once before been convicted of a violation
1-14 of this Act, on conviction the person shall be punished for a third
1-15 degree felony. Each day of violation constitutes a separate
1-16 offense. On final conviction of an offense under this section, a
1-17 person forfeits all rights and privileges conferred by virtue of
1-18 his licensure under this Act.
1-19 (2) A person practicing medicine without a valid
1-20 license or permit and who causes physical or psychological harm to
1-21 another by such practice shall, on conviction, be punished for a
1-22 third degree felony.
1-23 (3) A person practicing medicine without a valid
2-1 license or permit and who causes financial harm to another by such
2-2 practice shall, on conviction, be punished for a state jail felony.
2-3 SECTION 2. Subchapter C, Medical Practice Act (Article
2-4 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
2-5 3.081 to read as follows:
2-6 Sec. 3.081. REHABILITATION ORDER. (a) The board, through
2-7 an agreed order or after a contested proceeding, may impose a
2-8 nondisciplinary rehabilitation order on any licensee or, as a
2-9 prerequisite for issuing a license, on any licensure applicant,
2-10 based on one or more of the following:
2-11 (1) intemperate use of drugs or alcohol directly
2-12 resulting from habituation or addiction caused by medical care or
2-13 treatment provided by another physician;
2-14 (2) self-reported intemperate use of drugs or alcohol
2-15 during the last five years immediately preceding the report which
2-16 could adversely affect the reporter's ability to practice medicine
2-17 safely, but only if the reporting individual has not previously
2-18 been the subject of a substance-abuse-related order of the board;
2-19 (3) judgment by a court of competent jurisdiction that
2-20 the individual is of unsound mind; or
2-21 (4) results from a mental or physical examination or
2-22 admissions by the individual indicating that the licensee or
2-23 applicant suffers from a potentially dangerous limitation or an
2-24 inability to practice medicine with reasonable skill and safety by
2-25 reason of illness or as a result of any physical or mental
3-1 condition.
3-2 (b) A rehabilitation order entered pursuant to this section
3-3 shall be a nondisciplinary private order and shall contain findings
3-4 of fact and conclusions of law. A rehabilitation order, if entered
3-5 by agreement, shall be an agreed disposition or settlement
3-6 agreement for purposes of civil litigation as provided for in
3-7 Section 4.02(i) of this Act and shall be exempt from the open
3-8 records law.
3-9 (c) A rehabilitation order entered pursuant to this section
3-10 may impose a revocation, cancellation, suspension, period of
3-11 probation or restriction, or any other terms and conditions
3-12 authorized under Section 4.12 of this Act or as otherwise agreed to
3-13 by the board and the individual subject to the order.
3-14 (d) The provisions of this section shall not prevent or
3-15 limit the authority of the board to take action to suspend a
3-16 license temporarily pursuant to Section 4.13 of this Act.
3-17 (e) Violation of a rehabilitation order entered pursuant to
3-18 this section may result in disciplinary action under the provisions
3-19 of this Act for contested matters or pursuant to the terms of the
3-20 agreed order. The violation of a rehabilitation order may be
3-21 grounds for disciplinary action based on unprofessional or
3-22 dishonorable conduct or any of the provisions of Section 3.08 of
3-23 this Act which may apply to the misconduct which resulted in
3-24 violation of the order. In addition, a violation of a
3-25 rehabilitation order may be grounds for temporary suspension of the
4-1 individual's license pursuant to Section 4.13 of this Act.
4-2 (f) The rehabilitation orders entered pursuant to this
4-3 section shall be kept in a confidential file which shall be subject
4-4 to an independent audit by state auditors or private auditors
4-5 contracted by the board to perform the audit. Audits may be
4-6 performed at any time at the direction of the board, but shall be
4-7 performed at least once every three years. The audit results shall
4-8 be reported in a manner so as to maintain the anonymity of all
4-9 licensees who are subject to rehabilitation orders and shall be a
4-10 public record. The audit shall be for the purpose of ensuring that
4-11 only qualified licensees are subject to rehabilitation orders.
4-12 SECTION 3. This Act takes effect September 1, 1995.
4-13 SECTION 4. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.