1-1                                   AN ACT

 1-2     relating to medical examinations required for an employee who may

 1-3     be entitled to workers' compensation benefits; providing an

 1-4     administrative penalty.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 408.004(b), Labor Code, is amended to

 1-7     read as follows:

 1-8           (b)  The commission may require an employee to submit to a

 1-9     medical examination at the request of the insurance carrier, but

1-10     only after the insurance carrier has attempted and failed to

1-11     receive the permission and concurrence of the employee for the

1-12     examination.  Except as otherwise provided by this subsection, the

1-13     [The] insurance carrier is entitled to the examination only once in

1-14     a 180-day period.  The commission may adopt rules that require an

1-15     employee to submit to not more than three medical examinations in a

1-16     180-day period under specified circumstances, including to

1-17     determine whether there has been a change in the employee's

1-18     condition, whether it is necessary to change the employee's

1-19     diagnosis, and whether treatment should be extended to another body

1-20     part or system.  The commission by rule shall adopt a system for

1-21     monitoring requests made under this subsection by insurance

1-22     carriers.  That system must ensure that good cause exists for any

1-23     additional medical examination allowed under this subsection that

1-24     is not requested by the employee.  A subsequent examination must be

 2-1     performed by the same doctor unless otherwise approved by the

 2-2     commission.

 2-3           SECTION 2.  Section 408.004, Labor Code, is amended by adding

 2-4     Subsection (g) to read as follows:

 2-5           (g)  An insurance carrier who unreasonably requests a medical

 2-6     examination under Subsection (b) commits a violation.  A violation

 2-7     under this subsection is a Class B administrative violation.

 2-8           SECTION 3.  This Act takes effect on September 1, 1997, and

 2-9     applies to dates of injury on or after that date.  For dates of

2-10     injury prior to the effective date of this Act, the former law is

2-11     continued in effect.

2-12           SECTION 4.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended,

2-17     and that this Act take effect and be in force from and after its

2-18     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 3161 was passed by the House on May

         2, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 3161 was passed by the Senate on May

         27, 1997, by the following vote:  Yeas 24, Nays 7.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor