1-1     By:  Duncan                                            S.B. No. 836

 1-2           (In the Senate - Filed February 27, 1997; March 4, 1997, read

 1-3     first time and referred to Committee on Economic Development;

 1-4     April 25, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 1; April 25, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 836                   By:  Duncan

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to medical examinations required for an employee who may

1-11     be entitled to workers' compensation benefits.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subsection (b), Section 408.004, Labor Code, is

1-14     amended to read as follows:

1-15           (b)  The commission may require an employee to submit to a

1-16     medical examination at the request of the insurance carrier, but

1-17     only after the insurance carrier has attempted and failed to

1-18     receive the permission and concurrence of the employee for the

1-19     examination.  Except as otherwise provided by this subsection, the

1-20     [The] insurance carrier is entitled to the examination only once in

1-21     a 180-day period.  The commission may adopt rules that require an

1-22     employee to submit to more than one medical examination in a

1-23     180-day period under specified circumstances, including to

1-24     determine whether there has been a change in the employee's

1-25     condition, whether it is necessary to change the employee's

1-26     diagnosis, and whether treatment should be extended to another body

1-27     part or system.  The rules shall also establish a system for

1-28     monitoring requests under this subsection.  A subsequent

1-29     examination must be performed by the same doctor unless otherwise

1-30     approved by the commission.

1-31           SECTION 2.  Section 408.004, Labor Code, is amended by adding

1-32     Subsection (g) to read as follows:

1-33           (g)  An insurance carrier that unreasonably requests a

1-34     medical examination under Subsection (b) commits a violation.  A

1-35     violation under this subsection is a Class B administrative

1-36     violation.

1-37           SECTION 3.  This Act takes effect September 1, 1997, and

1-38     applies to dates of injury on or after that date.  For dates of

1-39     injury prior to the effective date of this Act, the former law is

1-40     continued in effect.

1-41           SECTION 4.  The importance of this legislation and the

1-42     crowded condition of the calendars in both houses create an

1-43     emergency and an imperative public necessity that the

1-44     constitutional rule requiring bills to be read on three several

1-45     days in each house be suspended, and this rule is hereby suspended,

1-46     and that this Act take effect and be in force from and after its

1-47     passage, and it is so enacted.

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