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 * * * * *