BG C.S.H.B. 935 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 935
By: Maxey
4-25-97
Committee Report (Substituted)



BACKGROUND 

Choosing a competent doctor to perform surgery, deliver a child, or
perform any other procedure can be one of life's most important decisions.
Unfortunately, the information consumers need to make informed decisions
about their doctor or prospective doctors is not readily available.
Information such as education, hospital privileges, and nationally
recognized specialty certification should be made available to the public.
Furthermore, information relating to past criminal conduct and paid
malpractice claims should also be disclosed.  In 1996, Massachusetts
enacted a similar law that has been overwhelmingly well received by
consumers in that state. 
Choosing a competent doctor to perform surgery, to deliver a child, or to
perform any other procedure can be one of life's most important decisions. 

PURPOSE

CSHB 935 will enable consumers to make informed choices regarding the
selection of a physician. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas State Board of Medical Examiners in
SECTION 2 [Sec. 5.11(b)(9)(A), Sec. 5.11(g) and Sec. 5.11(h), Medical
Practice Act, (Article 4495b, Vernon's Texas Civil Statutes)].
Additionally, SECTION 4(c) specifically requires the adoption of those
rules by June 1, 1999. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.07(a), Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes) by adding "any offense not punishable by
fine only" to the list of violations to be reported, and omitting "a
felony, a misdemeanor involving moral turpitude." Subdivisions are
renumbered to add (a)(2) which directs that a copy of the information be
sent to the Texas State Board of Medical Examiners. 

SECTION 2.  Amends Subchapter E, Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes) by adding Section 5.11 as follows: 

Sec. 5.11.  PHYSICIAN PROFILES

Subsection (a)  requires the board to create a physician profile, as
specified, in a  a format that makes the information contained in it
easily available to the public. 

Subsection (b) establishes that a profile must contain certain physician
information as specified.   
  
Subsection (c)  requires that information which is required to be included
under subsection (b) and not maintained by the board in the course of its
duties, be obtained from a physician at the time of license renewal.
Requires the board to inform the physician that compliance with the
request is mandatory, to inform the physician of the date the information
will be made publicly available, and to  instruct the physician regarding
subsection (f) requirements for obtaining a copy and making corrections as
specified.  

Subsection (d) establishes that this section does not prevent the board
from providing explanatory information regarding the significance of
categories in malpractice settlement reports. 

Subsection (e)  prohibits the board from publicly disclosing a pending
malpractice claim, other than a claim as specified by this section.
Establishes that this subsection does not prevent the board form
investigating and disciplining a physician on the basis of a pending
malpractice claim. 

Subsection (f) requires the board to provide an individual physician with
a copy of the physician profile if requested as specified. Requires the
board to provide the physician one month from the date the copy was
provided to correct any factual errors. 

Subsection (g)  requires the board to update the information in a
physician's profile annually. Requires the board to adopt a form that
allows a physician to update information or provide additional information
as specified. Requires the form to be made available electronically and on
the Internet. Allows a physician to update information or provide
additional information at any time. Allows the board to assess a fee to be
paid by the physician to update the profile at a time other than the
board's annual update and a fee to cover costs of including additional
information that is not required. Allows the board to adopt rules
concerning the type and content of additional information as specified.  

Subsection (h) requires the board to adopt rules as necessary to implement
this section. 

SECTION 3.  Requires each state agency, as specified, to provide a cost
estimate, including methodology, regarding the establishment and
administration of a profile program for persons licensed or regulated by
the agency that is similar to the program established by this Act.
Requires each agency to provide the estimate to the presiding officer of
each house of the 76th Legislature by January 1, 1998. 

SECTION 4.  Effective date is September 1, 1997.  The changes made to
Section 5.07(a), Medical Practice Act, apply only to convictions or
findings of guilt made since September 1, 1997.  Requires the Texas State
Board of Medical Examiners to adopt rules by January 1, 1998. Requires the
board to make initial physician profiles available to the public by June
1, 1999. Requires the board to raise prescribed fees in an amount as
specified to cover the costs of administering the changes made by this
Act. Requires the board to reduce any raised fees, as specified, not later
than the second anniversary of the date the initial profiles are made
publicly available.  

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

In SECTION 2, the substitute bill omits information which was originally
included in HB 935, and was later deemed irrelevant for consumers. Other
more pertinent information relating to clinical competence, on the other
hand, has been added to CSHB 935. Furthermore, the provision concerning
disclosure of malpractice settlements, arbitration awards and judgements
has been narrowed to fit the definition of Sec. 5.11 (a)(15) of the
Medical Practice Act, in which review actions by the board are disclosed. 

CSHB 935 adds a new SECTION 3 to also require other boards that regulate
clinicians with direct patient contact to provide cost estimates for
implementing similar programs. 

 SECTION 4 of the substitute bill, is the original bill's SECTION 3
revised in terms of the date by which initial physician profiles must be
made available; and  supplemented with a new subsection (d) which refers
to the fees prescribed by the State Board of Medical Examiners and
provides for implementation of this Act through a capped increase in its
physician licensure fee.  

The emergency clause in CSHB 935 has been renumbered as SECTION 5 to
conform.