BG C.S.S.B. 1699 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.S.B. 1699
By: Cain (Berlanga)
5-8-97
Committee Report (Substituted)

BACKGROUND 

Currently, the Medical Practice Act of Texas is the vehicle used to
license physicians in Texas.  The Medical Practice Act assures that
physicians who are seeking licensure in Texas by way of endorsement or by
way of original license are reviewed, examined, and evaluated according to
the appropriate standards.  The Texas State Board of Medical Examiners
(board) is the state agency created by the legislature to carry out the
constitutional mandate of Article XVI, Section 31 of the Texas
Constitution which requires the legislature to pass laws prescribing the
qualifications of practitioners of medicine in this state and punishing
persons for malpractice.  The mission of the board is to assure the safety
of its citizens through the appropriate regulation of physicians who
practice medicine in Texas.   

Since its inception, the Medical Practice Act has been amended to adapt it
to changing social, educational, and economic times.  Each amendment to
the Act has attempted to address on an individual basis changes in the
medical practice environment regarding changes in technology, education,
or the economy.  This legislation addresses these same problems by
consolidating relevant sections of the Medical Practice Act, deleting
obsolete or wordy parts, and creating in one coherent section all the
necessary provisions for licensure of physicians in Texas.   

PURPOSE

S.B. 1699 establishes provisions regarding the Texas State Board of
Medical Examiners and the licensure of physicians, while providing
penalties for violations. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants and/or references
rulemaking authority to the Texas State Board of Medical Examiners in
SECTION 2 (Sec. 3.01(b),(c), and(m), Sec. 3.02, Sec. 3.03(c), (f), and
(i), Sec. 3.04(3)(C) and (3)(6), and Sec. 3.05(a), (a)(7), (e) and (g),
Article 4495b, Vernon's Texas Civil Statutes)and in SECTION 6, (Sec.
5.11(b)(9)(A),(g), and (h), Article 4495b, Vernon's Texas Civil Statute).
Additionally, there is a reference to the rulemaking authority of the
State Office of Administrative Hearings and the board in SECTION 2 (Sec.
3.03(j)(3)(A)).  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2.09, Medical Practice Act, (Article 4495b,
Vernon's Texas Civil Statutes), by amending Subsections (d), (h), (k), and
(t), and adding Subsection (bb), as follows: 

Subsection (d) deletes existing text regarding the Texas State Board of
Medical Examiner's (board) maintenance of certain records. Replaces the
word "rejected" with "denied" in terms or applicant's being licensed.
Replaces "secretary treasurer" with "executive director" in terms or whose
hand and seal should be on certified copies of permanent records. Makes
nonsubstantive language change. 

Subsection (h) allows, rather than requires, the board to submit to the
Department of Public Safety a complete set of fingerprints of every
applicant for a license.  Deletes existing text requiring applicants and
licensees whose licenses are subject to revocation, cancellation, or
suspension to be afforded the opportunity for a hearing. Makes
nonsubstantive language change.  

 Subsection (k) deletes text regarding placement of certain fees into the
medical licensing fund.  

Subsection (t) adds language that requires the board, on request of a
licensee, to issue certification of state board examination grades to the
Federation of State Medical Boards of the United States and to charge a
reasonable fee.   

Subsection (bb) is added to set forth the terms by which the executive
director of the board is required to file a surety bond with the board,
and by which the board is required to pay the premium on the bond.  

SECTION 2. Amends Sections 3.01-3.05, Medical Practice Act, (Article
4495b, Vernon's Texas Civil Statutes), as follows: 

Sec. 3.01.  New heading:  ANNUAL REGISTRATION OF PHYSICIANS.  Requires all
persons now qualified to practice medicine in this state or hereafter
licensed for the practice of medicine by the board to register annually as
practitioners with the board.  Requires the initial annual registration
permit to be issued with the license. Sets forth the terms by which the
annual registration permit fee is required to apply to all physicians
licensed by the board, with certain exceptions.  Requires the board to
mail an annual registration permit renewal application to each
practitioner by a certain date and to provide for a 30-day grace period
for renewal.  Sets forth the procedure regarding renewal of a registration
permit.  Sets forth the terms by which a physician whose license is
considered canceled is authorized to obtain a new license.  Authorizes the
board, by rule, to adopt a system under which annual registration permits
expire on various dates during the year.  Prohibits the filing of the
renewal application, the payment of the required fees, and the issuance of
the permit from entitling the holder to practice medicine in Texas unless
the holder has been previously licensed as a practitioner by the board and
the license is in full effect.  Provides that practicing medicine without
an annual registration permit for the current year has the same effect as
and is subject to all penalties of practicing medicine without a license.
Deletes existing text regarding registration of practitioners and interns.

Sec. 3.02.  New heading:  INSTITUTIONAL PERMITS.  Authorizes physicians
not otherwise licensed by the board who are participating in graduate
medical education training programs approved by the board to be issued
institutional permits as provided by the rules of the board.  Provides
that this permit does not authorize the performance of medical acts, with
certain exceptions.  Deletes existing text regarding license renewals. 

Sec. 3.03.  New heading:  LICENSURE OF PHYSICIANS.  Authorizes the board
to grant a license to practice medicine to any physician who qualifies
under this Act.  Sets forth the procedure regarding an application for a
license.  Prohibits an applicant from having a medical license that is
currently restricted, canceled, or revoked in the United States or Canada;
an investigation or a proceeding instituted against the applicant for the
restriction, cancellation, suspension, or revocation; or a prosecution
pending in certain courts for certain offenses involving moral turpitude.
Requires an applicant to present satisfactory proof that each medical
school attended is substantially equivalent to a Texas medical school.
Requires an applicant who is a graduate of a medical school located
outside the United States and Canada to present satisfactory proof to the
board of certain achievements and qualifications. Requires all medical or
osteopathic medical education received by the applicant in the United
States to be accredited by certain accrediting bodies, with certain
exceptions.  Sets forth the terms by which an applicant who is unable to
comply with the requirements of Subsection (h) may be eligible for an
unrestricted license.  Establishes the conditions under which the
executive director is required to review each application for licensure;
recommend to the board all applicants eligible for licensure; and report
all applicants ineligible for licensure. Authorizes an applicant deemed
ineligible to request review of such recommendation and a hearing, and
requires the board to determine the eligibility of the applicant following
a hearing.  Provides that certain questions, examinations, and
deliberations are exempted from the open meetings law and the open records
law.  Sets forth the confidentiality of certain reports.  Authorizes the
board to require applicants to comply with other requirements that  the
board considers appropriate.  Deletes existing text regarding reciprocal
agreements. 

Sec. 3.04.  New heading:  QUALIFICATIONS OF LICENSEES.  Requires an
applicant, to be eligible for issuance of a license, to present
satisfactory proof to the board that the applicant meets certain
qualifications.  Deletes existing text regarding qualification of
licensees.   

Sec. 3.05.  New heading:  EXAMINATIONS ACCEPTED OR ADMINISTERED.
Authorizes the board to administer or accept certain examinations for
licensure as determined by rule.  Requires examinations to meet certain
standards.  Requires applicants who wish to request reasonable
accommodations due to a disability to submit the request on filing the
application.  Requires examinations to include certain subjects.  Requires
the board to also administer the Texas medical jurisprudence examination
to all applicants.  Requires the passing grade for all examinations used
by the board to be determined by rule.  Sets forth requirements for
examinations administered to evaluate basic medical knowledge and clinical
competency.  Requires all questions, answers, and grades to be preserved
for one year as the board may direct by rule.  Requires all applicants to
be given due notice of the date and place of the examination if
administered by the board.  Sets forth the terms by which each examinee is
required to be notified of the results of the examination.  Deletes
existing text regarding examinations.   

SECTION 3. Amends Section 3.10, Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes), as amended by Chapters 214 and 862, Acts
of the 73rd Legislature, 1993, to set forth the terms by which all fees
collected by the board are required to be deposited, credited, and spent.
Prohibits the board from setting, charging, collecting, receiving, or
depositing certain fees in excess of a specified amount.  Authorizes the
board to set and collect a sales charge for making copies of records in
the office of the board and for any materials published by the board.
Provides that the financial transactions of the board are subject to audit
by the state auditor in accordance with Chapter 321, Government Code.
Requires the board to annually file a report with certain persons.
Deletes existing text regarding fees. 

SECTION 4. Amends Section 3.11A, Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes)  to require an additional $200 surcharge to
apply to certain fees.  Requires a certain amount of each surcharge
collected to be deposited to the credit of the foundation school fund and
the general revenue fund.  Provides that this section applies to the
disposition of the stated portion of each fee regardless of any other
provision of law providing for a different disposition of funds. Deletes
existing text regarding disposition of fees. 

SECTION 5. Amends Section 5.07(a), Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes) to replace the words "a felony, a
misdemeanor involving moral turpitude" with "any offense not punishable by
fine only"  and also to add a requirement that the clerk of the court send
a copy of the information to the board. Makes conforming changes. 

SECTION 6.  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.  (a) requires the board to create a profile
of each licensed physician as specified. 

Subsection (b) requires a profile to contain information as specified on
each physician. 

Subsection (c) Requires that information, as specified, that is not
maintained by the board in the ordinary course of the board's 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
available to the public, and instruct the physician of requirements as
specified for requesting a copy of the profile to make corrections.  

 Subsection (d) provides that this section does not prevent the board form
making explanatory information on the significance of reported malpractice
settlement categories.  


Subsection (e) prohibits a pending malpractice claim, other than a claim
disclosed as specified, from being disclosed to the public by the board.
Establishes that this section does not prevent the board from
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's  profile if requested at the time of the license
renewal. Requires the board to provide the physician one month from the
date the requested copy is provided to correct factual errors as
specified. 

Subsection (g) requires the board to update the information contained in a
physician's profile annually. Requires the board to adopt a form that
allows the physician to update information or to provide additional
information as specified. Requires the form to be made available
electronically and on the internet.  Allows a physician to update
information fro the profile at any time. Allows the board to assess a fee
as specified to update the profile at a time other than the board's annual
update and a fee to cover costs of including additional information as
specified. 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 7.  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
that agency that is similar to program established by this Act.  Requires
an agency, as specified, to report  the results of the study to the
presiding officer of each house of the 76th Legislature, Regular Session,
1999 by January 1, 1998.  

SECTION 8.  Repeals Section 2.10, as added by Section 1.04, Chapter 36,
Acts of the 73rd Legislature, 1993, and  Sections 3.0305 and 3.031,
Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes) are
repealed. 

SECTION 9.   This Act takes effect September 1, 1997. Establishes that
changes in law made by this Act apply only to a conviction or finding of
guilt for an offense committed on or after this effective date and
findings or convictions made previous to that date are governed by
preexisting law which is continued in effect for that purpose. Requires
the Texas Board of Medical Examiners to adopt rules under Sec. 5.11,
Medical Practice Act, as added by this Act by January 1, 1998. Requires
the board to make initial physician profiles by June 1, 1999. Requires the
board to raise fees prescribed by the board in an amount as specified to
cover costs of administering the changes in law made by this Act. Requires
the board to reduce any fees raised as specified not later than the second
anniversary of the date the initial physician profiles are made available
to the public to the extent specified.  

SECTION 10.  Emergency clause.
  
COMPARISON OF ORIGINAL TO SUBSTITUTE

CSSB 1699 incorporates CSHB 935 into the original SB 1699.