75R13233 JMM-D                           

         By Maxey, Hirschi                                      H.B. No. 935

         Substitute the following for H.B. No. 935:

         By Berlanga                                        C.S.H.B. No. 935

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to public access to certain information pertaining to

 1-3     medical practitioners.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 5.07(a), Medical Practice Act (Article

 1-6     4495b, Vernon's Texas Civil Statutes), is amended to read as

 1-7     follows:

 1-8           (a)  Within 30 days after the initial conviction or the

 1-9     initial finding of the trier of fact of guilt of a person known to

1-10     be a physician, licensed or otherwise lawfully practicing in this

1-11     state or applying to be so licensed to practice, of any offense not

1-12     punishable by fine only [a felony, a misdemeanor involving moral

1-13     turpitude], a violation of state or federal narcotics or controlled

1-14     substance laws, or an offense involving fraud or abuse under the

1-15     Medicare or Medicaid programs, whether or not the conviction,

1-16     adjudication, or finding is entered, withheld, or appealed under

1-17     the laws of this state, the clerk of the court of record in which

1-18     the conviction, adjudication, or finding was entered shall:

1-19                 (1)  prepare and forward to the Department of Public

1-20     Safety the information required under Chapter 60, Code of Criminal

1-21     Procedure, for use in the computerized criminal history system; and

1-22                 (2)  send a copy of the information to the board.

1-23           SECTION 2.  Subchapter E, Medical Practice Act (Article

1-24     4495b, Vernon's Texas Civil Statutes), is amended by adding Section

 2-1     5.11 to read as follows:

 2-2           Sec. 5.11.  PHYSICIAN PROFILES.  (a)  The board shall create

 2-3     a profile of each physician licensed under this Act.  The profile

 2-4     must:

 2-5                 (1)  include the information required by Subsection (b)

 2-6     of this section; and

 2-7                 (2)  be compiled in a format that permits the board to

 2-8     make the information contained in the profile available to the

 2-9     public.

2-10           (b)  A profile must contain the following information on each

2-11     physician:

2-12                 (1)  the name of each medical school attended and the

2-13     dates of graduation;

2-14                 (2)  a description of any graduate medical education;

2-15                 (3)  any specialty certification recognized by the

2-16     board and held by the physician;

2-17                 (4)  the number of years the physician has practiced

2-18     medicine;

2-19                 (5)  the name of each hospital in which the physician

2-20     has privileges;

2-21                 (6)  the physician's primary practice location;

2-22                 (7)  whether the physician provides any language

2-23     translating services, including translating services for a person

2-24     with impairment of hearing, at the physician's primary practice

2-25     location;

2-26                 (8)  whether the physician participates in the Medicaid

2-27     program;

 3-1                 (9)  a description of any conviction for an offense

 3-2     constituting a felony or a serious misdemeanor that reflects

 3-3     adversely on the physician's clinical competence to practice

 3-4     medicine in an acceptable manner consistent with the public health

 3-5     and welfare or affects adversely:

 3-6                       (A)  the physician's ability to practice medicine

 3-7     in an acceptable manner consistent with the public health and

 3-8     welfare, as determined by board rule, during the 10-year period

 3-9     preceding the date of the profile; or

3-10                       (B)  the safety of the physician's patients;

3-11                 (10)  a description of any charges reported to the

3-12     board under Section 5.07(a) of this Act during the 10-year period

3-13     preceding the date of the profile to which the physician has

3-14     pleaded no contest or in which sufficient facts of guilt were found

3-15     and the matter was continued by a court of competent jurisdiction;

3-16                 (11)  a description of any final disciplinary action

3-17     against the physician by the board during the 10-year period

3-18     preceding the date of the profile;

3-19                 (12)  a description of any final disciplinary action

3-20     against the physician by a medical licensing board of another state

3-21     during the 10-year period preceding the date of the profile;

3-22                 (13)  a description of any revocation of or involuntary

3-23     restriction of longer than 30 days on the physician's hospital

3-24     privileges, after notice and hearing, imposed by the hospital's

3-25     governing body or other hospital official that was based on

3-26     clinical quality of patient care during the 10-year period

3-27     preceding the date of the profile;

 4-1                 (14)  a description of any resignation from or

 4-2     nonrenewal of medical staff membership or restriction on hospital

 4-3     privileges of longer than 30 days that was based on clinical

 4-4     quality of patient care imposed as a settlement of a pending

 4-5     disciplinary proceeding during the 10-year period preceding the

 4-6     date of the profile;

 4-7                 (15)  a description of the type of allegation and of

 4-8     each review action taken by the board as the result of opening a

 4-9     complaint regarding a physician against whom three or more

4-10     malpractice claims were reported under Section 5.05 of this Act in

4-11     a five-year period; and

4-12                 (16)  whether the physician's patient service areas are

4-13     accessible to disabled persons, as defined by federal law.

4-14           (c)  Information required to be included under Subsection (b)

4-15     of this section that is not maintained by the board in the ordinary

4-16     course of the board's duties shall be obtained from a physician at

4-17     the time the physician renews the physician's license.  In

4-18     requesting information from the physician, the board shall inform

4-19     the physician that compliance with the request for information is

4-20     mandatory, inform the physician of the date the information will be

4-21     made available to the public, and instruct the physician of the

4-22     requirements under Subsection (f) of this section for the physician

4-23     to obtain a copy of the physician's profile to make corrections.

4-24           (d)  This section does not prevent the board from providing

4-25     explanatory information regarding the significance of categories in

4-26     which malpractice settlements are reported.

4-27           (e)  A pending malpractice claim, other than a claim

 5-1     disclosed under Subsection (b)(15) of this section, may not be

 5-2     disclosed to the public by the board.  This subsection does not

 5-3     prevent the board from investigating and disciplining a physician

 5-4     on the basis of a pending medical malpractice claim.

 5-5           (f)  The board shall provide an individual physician with a

 5-6     copy of the physician's profile if the physician requests a copy at

 5-7     the time the physician renews the physician's license.  If a copy

 5-8     is requested by a physician the board shall provide the physician

 5-9     one month from the date the copy is provided to the physician to

5-10     correct factual errors in the physician's profile.

5-11           (g)  The board shall update the information contained in a

5-12     physician's profile annually.  The board shall adopt a form that

5-13     allows a physician to update information contained in a physician's

5-14     profile or to provide additional information to be included in the

5-15     profile.  The form shall be made available electronically and on

5-16     the Internet.  A physician may update information  in the

5-17     physician's profile or provide additional information for the

5-18     profile at any time.  The board may assess a fee to be paid by the

5-19     physician to update the physician's profile at a time other than

5-20     the board's annual update and a fee to cover the costs of including

5-21     additional information in the profile not required by the board.

5-22     The board may adopt rules concerning the type and content of

5-23     additional information that may be included in a physician's

5-24     profile.

5-25           (h)  The board shall adopt rules as necessary to implement

5-26     this section.

5-27           SECTION 3.  (a)  Each state agency listed in Subsection (b)

 6-1     of this section shall provide a cost estimate, including

 6-2     methodology, regarding the establishment and administration of a

 6-3     profile program for persons licensed or regulated by the agency

 6-4     similar to the program established by the Texas State Board of

 6-5     Medical Examiners under Section 5.11, Medical Practice Act (Article

 6-6     4495b, Vernon's Texas Civil Statutes), as added by this Act.

 6-7           (b)  This section applies to the:

 6-8                 (1)  Texas Board of Chiropractic Examiners;

 6-9                 (2)  State Board of Dental Examiners;

6-10                 (3)  Texas Board of Occupational Therapy Examiners;

6-11                 (4)  Texas Optometry Board;

6-12                 (5)  Texas State Board of Pharmacy;

6-13                 (6)  Texas Board of Physical Therapy Examiners;

6-14                 (7)  Texas State Board of Podiatric Medical Examiners;

6-15     and

6-16                 (8)  Texas State Board of Examiners of Psychologists.

6-17           (c)  An agency required to provide a cost estimate, including

6-18     methodology, under this section shall report, not later than

6-19     January 1, 1998, the results of the study to the presiding officer

6-20     of each house of the 76th Legislature, Regular Session, 1999.

6-21           SECTION 4.  (a)  This Act takes effect September 1, 1997.

6-22           (b)  The change in law made by this Act to Section 5.07(a),

6-23     Medical Practice Act (Article 4495b, Vernon's Texas Civil

6-24     Statutes),  applies only to a conviction or finding of guilt for an

6-25     offense that is made on or after the effective date of this Act.  A

6-26     conviction or finding made before the effective date of this Act is

6-27     governed by the law in effect on the date of the conviction or

 7-1     finding, and the former law is continued in effect for that

 7-2     purpose.

 7-3           (c)  The Texas State Board of Medical Examiners shall adopt

 7-4     rules under Section 5.11, Medical Practice Act (Article 4495b,

 7-5     Vernon's Texas Civil Statutes), as added by this Act, not later

 7-6     than January 1, 1998.  The board shall make the initial physician

 7-7     profiles required under this Act available to the public not later

 7-8     than June 1, 1999.

 7-9           (d)  The Texas State Board of Medical Examiners shall raise

7-10     fees prescribed by the board in an amount not to exceed $15 for

7-11     each fiscal year in the 1998-1999 biennium and not to exceed $10

7-12     for each fiscal year in the 2000-2001 biennium for each physician

7-13     licensed by the board to cover the costs of administering the

7-14     changes in law made by this Act.  The board shall reduce any fees

7-15     raised under this subsection not later than the second anniversary

7-16     of the date the initial physician profiles required under this Act

7-17     are made available to the public to the extent the increase in fee

7-18     amounts was necessary to cover the initial costs incurred by the

7-19     board in establishing a physician profile system.

7-20           SECTION 5.  The importance of this legislation and the

7-21     crowded condition of the calendars in both houses create an

7-22     emergency and an imperative public necessity that the

7-23     constitutional rule requiring bills to be read on three several

7-24     days in each house be suspended, and this rule is hereby suspended.