1-1 AN ACT 1-2 relating to the establishment of a physician recruitment program 1-3 for medically underserved areas. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 106, Health and Safety Code, is amended 1-6 by adding Subchapter E to read as follows: 1-7 SUBCHAPTER E. TEXAS HEALTH SERVICE CORPS PROGRAM 1-8 FOR MEDICALLY UNDERSERVED AREAS 1-9 Sec. 106.101. DEFINITIONS. In this chapter: 1-10 (1) "Medically underserved area" means an area 1-11 designated by the United States Secretary of Health and Human 1-12 Services as having: 1-13 (A) a shortage of personal health services or a 1-14 population group that has such a shortage as provided by 42 U.S.C. 1-15 Section 300e-1(7); or 1-16 (B) a health professional shortage as provided 1-17 by 42 U.S.C. Section 254e(a)(1). 1-18 (2) "Physician" means a resident physician who is 1-19 enrolled in an accredited residency training program in this state 1-20 in the specialty of: 1-21 (A) family practice; 1-22 (B) general internal medicine; 1-23 (C) general pediatric medicine; or 1-24 (D) general obstetrics and gynecology. 2-1 Sec. 106.102. TEXAS HEALTH SERVICE CORPS PROGRAM. (a) The 2-2 executive committee shall establish a program in the center to 2-3 assist communities in recruiting and retaining physicians to 2-4 practice in medically underserved areas. 2-5 (b) The executive committee by rule shall establish: 2-6 (1) eligibility criteria for applicants; 2-7 (2) stipend application procedures; 2-8 (3) guidelines relating to stipend amounts; 2-9 (4) procedures for evaluating stipend applications; 2-10 and 2-11 (5) a system of priorities relating to the: 2-12 (A) geographic areas covered; 2-13 (B) medical specialties eligible to receive 2-14 funding under the program; and 2-15 (C) level of stipend support. 2-16 Sec. 106.103. ADMINISTRATION. (a) The executive committee 2-17 shall adopt rules necessary to administer this subchapter, and the 2-18 center shall administer the program in accordance with those rules. 2-19 (b) The center shall conduct field research, collect 2-20 information, and prepare statistical and other reports relating to 2-21 the need for the program. 2-22 (c) The center may not spend for the center's administrative 2-23 costs more than 10 percent of the amount appropriated to administer 2-24 this subchapter. 2-25 Sec. 106.104. REQUIRED CONTRACT. (a) The center may award 2-26 a stipend to a physician under this subchapter if the physician 2-27 enters into a written contract to provide services in a medically 3-1 underserved area for at least one year for each year that the 3-2 physician receives the stipend. 3-3 (b) The contract must provide that if the physician does not 3-4 provide the required services in the medically underserved area or 3-5 provides those services for less than the required term, the 3-6 physician is personally liable to the state for: 3-7 (1) the total amount of the stipend the physician 3-8 receives; 3-9 (2) interest on that total amount for the period 3-10 beginning on the date the physician signs the contract and ending 3-11 on the date the physician repays the amount of the stipend computed 3-12 at a rate equal to the sum of: 3-13 (A) the auction average rate quoted on a bank 3-14 discount basis for 26-week treasury bills issued by the United 3-15 States government, as published by the Federal Reserve Board, for 3-16 the week preceding the week in which the contract is signed; and 3-17 (B) five percent; and 3-18 (3) the state's reasonable expenses incurred in 3-19 obtaining payment, including reasonable attorney's fees. 3-20 Sec. 106.105. STIPENDS. (a) The center shall award 3-21 stipends to physicians for one-year periods. A stipend awarded 3-22 under this subchapter may not exceed $15,000 each year. 3-23 (b) The center may renew a stipend used to assist a 3-24 particular physician. 3-25 (c) A physician is not eligible for a stipend under this 3-26 subchapter for a period longer than is ordinarily and customarily 3-27 required for the completion of residency training for first board 4-1 eligibility. 4-2 (d) A physician who receives a stipend under this subchapter 4-3 is not eligible to receive assistance under a state educational 4-4 loan repayment program or other state incentive program. 4-5 Sec. 106.106. FUNDING. The center may seek, receive, and 4-6 spend money received through an appropriation, grant, donation, or 4-7 reimbursement from any public or private source to administer this 4-8 subchapter. 4-9 SECTION 2. The importance of this legislation and the 4-10 crowded condition of the calendars in both houses create an 4-11 emergency and an imperative public necessity that the 4-12 constitutional rule requiring bills to be read on three several 4-13 days in each house be suspended, and this rule is hereby suspended, 4-14 and that this Act take effect and be in force from and after its 4-15 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2192 was passed by the House on May 5, 1997, by the following vote: Yeas 140, Nays 0, 1 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 2192 was passed by the Senate on May 22, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor