1-1 By: Cain S.B. No. 1303 1-2 (In the Senate - Filed March 10, 1995; March 20, 1995, read 1-3 first time and referred to Committee on Health and Human Services; 1-4 April 18, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 8, Nays 0; April 18, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1303 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the practice of medicine, including the rehabilitation 1-11 of impaired physicians and the unlicensed practice of medicine; 1-12 providing a penalty. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subsection (a), Section 3.07, Medical Practice 1-15 Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to 1-16 read as follows: 1-17 (a) A person practicing medicine in this state must be 1-18 licensed under this Act. A person practicing medicine in violation 1-19 of this Act commits an offense. Except as provided by this 1-20 section, an offense under this section is a Class A misdemeanor. 1-21 (1) If it be shown in the trial of a violation of this 1-22 Act that the person has once before been convicted of a violation 1-23 of this Act, on conviction the person shall be punished for a third 1-24 degree felony. Each day of violation constitutes a separate 1-25 offense. On final conviction of an offense under this section, a 1-26 person forfeits all rights and privileges conferred by virtue of 1-27 his licensure under this Act. 1-28 (2) A person practicing medicine without a valid 1-29 license or permit and who causes physical, psychological, or 1-30 financial harm to another by such practice shall, on conviction, be 1-31 punished for a third degree felony. 1-32 SECTION 2. Subchapter C, Medical Practice Act (Article 1-33 4495b, Vernon's Texas Civil Statutes), is amended by adding Section 1-34 3.081 to read as follows: 1-35 Sec. 3.081. REHABILITATION ORDER. (a) The board, through 1-36 an agreed order or after a contested proceeding, may impose a 1-37 nondisciplinary rehabilitation order on any licensee or, as a 1-38 prerequisite for issuing a license, on any licensure applicant, 1-39 based on one or more of the following: 1-40 (1) intemperate use of drugs or alcohol directly 1-41 resulting from habituation or addiction caused by medical care or 1-42 treatment provided by another physician; 1-43 (2) self-reported intemperate use of drugs or alcohol 1-44 during the last five years immediately preceding the report which 1-45 could adversely affect the reporter's ability to practice medicine 1-46 safely, but only if the reporting individual has not previously 1-47 been the subject of a substance-abuse-related order of the board; 1-48 (3) judgment by a court of competent jurisdiction that 1-49 the individual is of unsound mind; or 1-50 (4) results from a mental or physical examination or 1-51 admissions by the individual indicating that the licensee or 1-52 applicant suffers from a potentially dangerous limitation or an 1-53 inability to practice medicine with reasonable skill and safety by 1-54 reason of illness or as a result of any physical or mental 1-55 condition. 1-56 (b) A rehabilitation order entered pursuant to this section 1-57 shall be a nondisciplinary private order and shall contain findings 1-58 of fact and conclusions of law. A rehabilitation order, if entered 1-59 by agreement, shall be an agreed disposition or settlement 1-60 agreement for purposes of civil litigation as provided for in 1-61 Section 4.02(i) of this Act and shall be exempt from the open 1-62 records law. 1-63 (c) A rehabilitation order entered pursuant to this section 1-64 may impose a revocation, cancellation, suspension, period of 1-65 probation or restriction, or any other terms and conditions 1-66 authorized under Section 4.12 of this Act or as otherwise agreed to 1-67 by the board and the individual subject to the order. 1-68 (d) The provisions of this section shall not prevent or 2-1 limit the authority of the board to take action to suspend a 2-2 license temporarily pursuant to Section 4.13 of this Act. 2-3 (e) Violation of a rehabilitation order entered pursuant to 2-4 this section may result in disciplinary action under the provisions 2-5 of this Act for contested matters or pursuant to the terms of the 2-6 agreed order. The violation of a rehabilitation order may be 2-7 grounds for disciplinary action based on unprofessional or 2-8 dishonorable conduct or any of the provisions of Section 3.08 of 2-9 this Act which may apply to the misconduct which resulted in 2-10 violation of the order. In addition, a violation of a 2-11 rehabilitation order may be grounds for temporary suspension of the 2-12 individual's license pursuant to Section 4.13 of this Act. 2-13 (f) The rehabilitation orders entered pursuant to this 2-14 section shall be kept in a confidential file which shall be subject 2-15 to an independent audit by state auditors or private auditors 2-16 contracted by the board to perform the audit. Audits may be 2-17 performed at any time at the direction of the board, but shall be 2-18 performed at least once every three years. The audit results shall 2-19 be reported in a manner so as to maintain the anonymity of all 2-20 licensees who are subject to rehabilitation orders and shall be a 2-21 public record. The audit shall be for the purpose of ensuring that 2-22 only qualified licensees are subject to rehabilitation orders. 2-23 SECTION 3. This Act takes effect September 1, 1995. 2-24 SECTION 4. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 2-28 days in each house be suspended, and this rule is hereby suspended. 2-29 * * * * *