1-1  By:  Zaffirini                                        S.B. No. 1488
    1-2        (In the Senate - Filed March 13, 1995; March 21, 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. 1488               By:  Zaffirini
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the membership and powers of the Health Professions
   1-11  Council.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subsection (b), Section 1, Article 4512p, Revised
   1-14  Statutes, is amended to read as follows:
   1-15        (b)  The council consists of one representative appointed by
   1-16  each of the following:
   1-17              (1)  the Texas Board of Chiropractic Examiners;
   1-18              (2)  the State Board of Dental Examiners;
   1-19              (3)  the Texas Optometry Board;
   1-20              (4)  the Texas State Board of Pharmacy;
   1-21              (5)  the Texas State Board of Podiatry Examiners;
   1-22              (6)  the State Board of Veterinary Medical Examiners;
   1-23              (7)  the Texas State Board of Medical Examiners;
   1-24              (8)  the Board of Nurse Examiners;
   1-25              (9)  the Texas State Board of Examiners of
   1-26  Psychologists;
   1-27              (10)  the Board of Vocational Nurse Examiners;
   1-28              (11)  the Texas Board of Physical Therapy Examiners
   1-29  <entity that regulates the practice of physical therapy>;
   1-30              (12)  the Texas Board of Occupational Therapy Examiners
   1-31  <entity that regulates the practice of occupational therapy>;
   1-32              (13)  the professional <health> licensing division of
   1-33  the Texas Department of <Public> Health; <and>
   1-34              (14)  the governor's office;
   1-35              (15)  the Advisory Board of Athletic Trainers;
   1-36              (16)  the State Board of Examiners for Speech-Language
   1-37  Pathology and Audiology;
   1-38              (17)  the State Committee of Examiners in the Fitting
   1-39  and Dispensing of Hearing Instruments;
   1-40              (18)  the Texas State Board of Examiners of Dietitians;
   1-41              (19)  the Texas State Board of Examiners of Marriage
   1-42  and Family Therapists;
   1-43              (20)  the Texas Board of Nursing Facility
   1-44  Administrators;
   1-45              (21)  the Texas State Board of Examiners of
   1-46  Perfusionists;
   1-47              (22)  the Texas State Board of Examiners of
   1-48  Professional Counselors;
   1-49              (23)  the Texas Board of Licensure for Professional
   1-50  Medical Physicists;
   1-51              (24)  the Texas State Board of Social Worker Examiners;
   1-52  and
   1-53              (25)  the Physician Assistant Advisory Council.
   1-54        SECTION 2.  Subsection (d), Section 8, Article 4512p, Revised
   1-55  Statutes, is amended to read as follows:
   1-56        (d)  The council shall:
   1-57              (1)  <adopt a memorandum of understanding with the
   1-58  General Services Commission to develop and implement a plan to
   1-59  collocate the staffs of the boards listed by Section 1(b) of this
   1-60  article, except that the memorandum shall provide for a study of
   1-61  the feasibility of relocating the health licensing division of the
   1-62  Department of Public Health with the collocated staffs;>
   1-63              <(2)>  study and report to the 74th and 75th
   1-64  Legislatures <Legislature> those administrative functions performed
   1-65  by the boards listed in Section 1(b) of this article that would be
   1-66  feasible for consolidation, provided that the boards listed in
   1-67  Section 1(b) of this article may adopt memoranda of understanding
   1-68  and contract with each other to share services and personnel at any
    2-1  time prior to submission of the report, subject to approval of the
    2-2  Legislative Budget Board;
    2-3              (2) <(3)  study and report to the 74th Legislature, in
    2-4  coordination with the Legislative Budget Board and the governor's
    2-5  office of budget and planning, a uniform budget plan and
    2-6  standardized budget performance objectives, provided the
    2-7  Legislative Budget Board may force compliance with this subdivision
    2-8  at an earlier date;>
    2-9              <(4)>  develop and implement, in coordination with the
   2-10  staffs of the Legislative Budget Board, the governor's office of
   2-11  budget and planning, and the professional licensing division of the
   2-12  Texas Department of <Public> Health, information necessary to
   2-13  prepare statistical comparisons of licensing functions and unit
   2-14  costs of all boards represented on the council;
   2-15              (3) <(5)>  develop and implement a plan to centralize
   2-16  the receipt and referral of complaints for member agencies using
   2-17  the toll-free complaint number established under Section 2 of this
   2-18  article;
   2-19              (4) <(6)>  study the feasibility of centralizing the
   2-20  investigation of complaints; and
   2-21              (5) <(7)>  study and report to the 74th Legislature on
   2-22  the consequences to the quality of health care services by
   2-23  third-party review and approval of health care provider treatment
   2-24  decisions and claims submission by nonlicensed personnel and
   2-25  determine the feasibility of establishing a statutory requirement
   2-26  to limit the reviews and approvals to licensed professionals in
   2-27  their respective health care fields within their respective scopes
   2-28  of practice and the feasibility of enacting a statutory limitation
   2-29  or prohibition to prevent individuals who are not licensed health
   2-30  care providers from intervening in health care decisions.  The
   2-31  report shall also consider the necessity of requiring due process
   2-32  steps for appeals of claims and treatment denials for health care
   2-33  providers.
   2-34        SECTION 3.  (a)  As soon as possible after the effective date
   2-35  of this Act, the state board, committee, or council added to the
   2-36  Health Professions Council by this Act shall appoint that entity's
   2-37  representative to the Health Professions Council.
   2-38        (b)  Until all initial appointments are made under
   2-39  Subdivisions (15) through (25), Subsection (b), Section 1, Article
   2-40  4512p, Revised Statutes, as added by this Act, a quorum of the
   2-41  Health Professions Council is a majority of the members of the
   2-42  council who have qualified for office.
   2-43        SECTION 4.  The importance of this legislation and the
   2-44  crowded condition of the calendars in both houses create an
   2-45  emergency and an imperative public necessity that the
   2-46  constitutional rule requiring bills to be read on three several
   2-47  days in each house be suspended, and this rule is hereby suspended,
   2-48  and that this Act take effect and be in force from and after its
   2-49  passage, and it is so enacted.
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