1-1     By:  Cain                                             S.B. No. 1651

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

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

 1-4     April 22, 1997, reported favorably by the following vote:  Yeas 9,

 1-5     Nays 0; April 22, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to improving access to health care for the citizens of

 1-9     Texas by providing for the reimbursement and use of particular

1-10     health care practitioners who are licensed by the state to provide

1-11     certain services.

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

1-13           SECTION 1.  Subsection (B), Section 2, Chapter 397, Acts of

1-14     the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas

1-15     Insurance Code), is amended to read as follows:

1-16           (B)  No policy of accident and sickness insurance shall make

1-17     benefits contingent upon treatment or examination by a particular

1-18     practitioner or by particular practitioners of the healing arts

1-19     hereinafter designated unless such policy contains a provision

1-20     designating the practitioner or practitioners who will be

1-21     recognized by the insurer and those who will not be recognized by

1-22     the insurer.  Such provision may be located in the "Exceptions" or

1-23     "Exceptions and Reductions" provisions, or elsewhere in the policy,

1-24     or by endorsement attached to the policy, at the insurer's option.

1-25     In designating the practitioners who will and will not be

1-26     recognized, such provision shall use the following terms: Doctor of

1-27     Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of

1-28     Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed

1-29     Audiologist, Licensed Speech-language Pathologist, Doctor in

1-30     Psychology, Licensed Master Social Worker--Advanced Clinical

1-31     Practitioner, Licensed Dietitian, Licensed Professional Counselor,

1-32     Licensed Marriage and Family Therapist, Licensed Chemical

1-33     Dependency Counselor, Licensed Hearing Aid Fitter and Dispenser,

1-34     Licensed Occupational Therapist, Licensed Physical Therapist, and

1-35     Licensed Psychological Associate.

1-36           For purposes of this Act, such designations shall have the

1-37     following meanings:

1-38           Doctor of Medicine:  One licensed by the Texas State Board of

1-39     Medical Examiners on the basis of the degree "Doctor of Medicine";

1-40           Doctor of Osteopathy:  One licensed by the Texas State Board

1-41     of Medical Examiners on the basis of the degree of "Doctor of

1-42     Osteopathy";

1-43           Doctor of Dentistry:  One licensed by the State Board of

1-44     Dental Examiners;

1-45           Doctor of Chiropractic:  One licensed by the Texas Board of

1-46     Chiropractic Examiners;

1-47           Doctor of Optometry:  One licensed by the Texas Optometry

1-48     Board;

1-49           Doctor of Podiatry:  One licensed by the Texas State Board of

1-50     Podiatric Medical Examiners;

1-51           Licensed Audiologist:  One with a master's or doctorate

1-52     degree in audiology from an accredited college or university and

1-53     who is licensed as an audiologist by the State Committee of

1-54     Examiners for Speech-Language Pathology and Audiology;

1-55           Licensed Speech-language Pathologist:  One with a master's or

1-56     doctorate degree in speech pathology or speech-language pathology

1-57     from an accredited college or university and who is licensed as a

1-58     speech-language pathologist by the State Committee of Examiners for

1-59     Speech-Language Pathology and Audiology;

1-60           Doctor in Psychology:  One licensed by the Texas State Board

1-61     of Examiners of Psychologists and certified as a Health Service

1-62     Provider;

1-63           Licensed Master Social Worker--Advanced Clinical

1-64     Practitioner:  One licensed by the Texas State Board of Social

 2-1     Worker Examiners as a Licensed Master Social Worker with the order

 2-2     of recognition of Advanced Clinical Practitioner;

 2-3           Licensed Dietitian:  One licensed by the Texas State Board of

 2-4     Examiners of Dietitians;

 2-5           Licensed Professional Counselor:  One licensed by the Texas

 2-6     State Board of Examiners of Professional Counselors;

 2-7           Licensed Marriage and Family Therapist:  One licensed by the

 2-8     Texas State Board of Examiners of Marriage and Family Therapists;

 2-9           Licensed Chemical Dependency Counselor:  One licensed by the

2-10     Texas Commission on Alcohol and Drug Abuse;

2-11           Licensed Hearing Aid Fitter and Dispenser:  One licensed by

2-12     the Texas Board of Examiners in the Fitting and Dispensing of

2-13     Hearing Aids;

2-14           Licensed Occupational Therapist:  One licensed by the Texas

2-15     Board of Occupational Therapy Examiners;

2-16           Licensed Physical Therapist:  One licensed by the Texas Board

2-17     of Physical Therapy Examiners; and

2-18           Licensed Psychological Associate:  One licensed by the Texas

2-19     State Board of Examiners of Psychologists and practicing under the

2-20     supervision of a licensed psychologist.

2-21           SECTION 2.  Section 1, Article 21.52, Insurance Code, as

2-22     amended by Chapters 429 and 541, Acts of the 74th Legislature,

2-23     1995, is amended to read as follows:

2-24           Sec. 1.  Definitions.  As used in this article:

2-25           (a)  "health insurance policy" means any individual, group,

2-26     blanket, or franchise insurance policy, insurance agreement, or

2-27     group hospital service contract, providing benefits for medical or

2-28     surgical expenses incurred as a result of an accident or sickness;

2-29           (b)  "doctor of podiatric medicine" includes D.P.M.,

2-30     podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;

2-31           (c)  "doctor of optometry" includes optometrist, doctor of

2-32     optometry, and O.D.;

2-33           (d)  "doctor of chiropractic" means a person who is licensed

2-34     by the Texas Board of Chiropractic Examiners to practice

2-35     chiropractic;

2-36           (e)  "licensed dentist" means a person who is licensed to

2-37     practice dentistry by the State Board of Dental Examiners;

2-38           (f)  "licensed audiologist" means a person who has received a

2-39     master's or doctorate degree in audiology from an accredited

2-40     college or university and is licensed as an audiologist by the

2-41     State Committee of Examiners for Speech-Language Pathology and

2-42     Audiology;

2-43           (g)  "licensed speech-language pathologist" means a person

2-44     who has received a master's or doctorate degree in speech-language

2-45     pathology from an accredited college or university and is licensed

2-46     as a speech-language pathologist by the State Committee of

2-47     Examiners for Speech-Language Pathology and Audiology;

2-48           (h)  "licensed master social worker--advanced clinical

2-49     practitioner" means a person who is licensed by the Texas State

2-50     Board of Social Worker Examiners as a licensed master social worker

2-51     with the order of recognition of advanced clinical practitioner;

2-52           (i)  "licensed dietitian" means a person who is licensed by

2-53     the Texas State Board of Examiners of Dietitians;

2-54           (j)  "licensed professional counselor" means a person who is

2-55     licensed by the Texas State Board of Examiners of Professional

2-56     Counselors;

2-57           (k)  "psychologist" means a person licensed to practice

2-58     psychology by the Texas State Board of Examiners of Psychologists;

2-59           (l)  "licensed marriage and family therapist" means a person

2-60     who is licensed by the Texas State Board of Examiners of Marriage

2-61     and Family Therapists;

2-62           (m)  "licensed chemical dependency counselor" means a person

2-63     who is licensed by the Texas Commission on Alcohol and Drug Abuse;

2-64     [and]

2-65           (n)  "licensed hearing aid fitter and dispenser" means a

2-66     person who is licensed by the Texas Board of Examiners in the

2-67     Fitting and Dispensing of Hearing Aids[.]

2-68           (o) [(n)]  "licensed psychological associate" means a person

2-69     who is licensed by the Texas State Board of Examiners of

 3-1     Psychologists and who practices under the supervision of a licensed

 3-2     psychologist;

 3-3                 (p)  "occupational therapist" means a person who is

 3-4     licensed to practice occupational therapy by the Texas Board of

 3-5     Occupational Therapy Examiners; and

 3-6                 (q)  "physical therapist" means a person who practices

 3-7     physical therapy and is licensed by the Texas Board of Physical

 3-8     Therapy Examiners.

 3-9           SECTION 3.  Section 3, Article 21.52, Insurance Code, as

3-10     amended by Section 2, Chapter 429, Acts of the 74th Legislature,

3-11     1995, is amended to read as follows:

3-12           Sec. 3.  SELECTION OF PRACTITIONERS.  Any person who is

3-13     issued, who is a party to, or who is a beneficiary under any health

3-14     insurance policy delivered, renewed, or issued for delivery in this

3-15     state by any insurance company, association, or organization to

3-16     which this article applies may select a licensed doctor of

3-17     podiatric medicine, a licensed dentist, or a doctor of chiropractic

3-18     to perform the medical or surgical services or procedures scheduled

3-19     in the policy which fall within the scope of the license of that

3-20     practitioner, a licensed doctor of optometry to perform the

3-21     services or procedures scheduled in the policy which fall within

3-22     the scope of the license of that doctor of optometry, an

3-23     occupational therapist to provide the health care services

3-24     scheduled in the policy which fall within the scope of the license

3-25     of that provider, a physical therapist to provide the health care

3-26     services in the policy which fall within the scope of the license

3-27     of that provider, a licensed audiologist to measure hearing for the

3-28     purpose of determining the presence or extent of a hearing loss and

3-29     to provide aural rehabilitation services to a person with a hearing

3-30     loss if those services or procedures are scheduled in the policy, a

3-31     licensed speech-language pathologist to evaluate speech and

3-32     language and to provide habilitative and rehabilitative services to

3-33     restore speech or language loss or to correct a speech or language

3-34     impairment if those services or procedures are scheduled in the

3-35     policy, a licensed master social worker--advanced clinical

3-36     practitioner to provide the services that fall within the scope of

3-37     the license of such certified practitioner and which are specified

3-38     as services within the terms of the policy of insurance, including

3-39     the provision of direct, diagnostic, preventive, or clinical

3-40     services to individuals, families, and groups whose functioning is

3-41     threatened or affected by social or psychological stress or health

3-42     impairment, if those services or procedures are scheduled in the

3-43     policy, a licensed dietitian including a provisional licensed

3-44     dietitian under a licensed dietitian's supervision to provide the

3-45     services that fall within the scope of the license of that

3-46     dietitian if those services are scheduled in the policy, a licensed

3-47     professional counselor to provide the services that fall within the

3-48     scope of the license of that professional if those services are

3-49     scheduled in the policy, a licensed marriage and family therapist

3-50     to provide the services that fall within the scope of the license

3-51     of that professional if those services are scheduled in the policy,

3-52     a psychologist to perform the services or procedures scheduled in

3-53     the policy that fall within the scope of the license of that

3-54     psychologist, a licensed chemical dependency counselor to perform

3-55     the services or procedures scheduled in the policy that fall within

3-56     the scope of the license of that practitioner, or a licensed

3-57     hearing aid fitter and dispenser to provide the services or

3-58     procedures scheduled in the policy that fall within the scope of

3-59     the license of that practitioner.  The services of a licensed

3-60     master social worker--advanced clinical practitioner, licensed

3-61     professional counselor, or licensed marriage and family therapist

3-62     that are included in this Act may require a professional

3-63     recommendation by a doctor of medicine or doctor of osteopathy

3-64     unless the health insurance policy terms do not require such a

3-65     recommendation.  The payment or reimbursement by the insurance

3-66     company, association, or organization for those services or

3-67     procedures in accordance with the payment schedule or the payment

3-68     provisions in the policy shall not be denied because the same were

3-69     performed by a licensed doctor of podiatric medicine, a licensed

 4-1     doctor of optometry, a licensed doctor of chiropractic, a licensed

 4-2     dentist, an occupational therapist, a physical therapist, a

 4-3     licensed audiologist, a licensed speech-language pathologist, a

 4-4     licensed master social worker--advanced clinical practitioner, a

 4-5     licensed dietitian, a licensed professional counselor, a licensed

 4-6     marriage and family therapist, a psychologist, a licensed chemical

 4-7     dependency counselor, or a licensed hearing aid fitter and

 4-8     dispenser.  There shall not be any classification, differentiation,

 4-9     or other discrimination in the payment schedule or the payment

4-10     provisions in a health insurance policy, nor in the amount or

4-11     manner of payment or reimbursement thereunder, between scheduled

4-12     services or procedures when performed by a doctor of podiatric

4-13     medicine, a doctor of optometry, a doctor of chiropractic, a

4-14     licensed dentist, an occupational therapist, a physical therapist,

4-15     a licensed audiologist, a licensed speech-language pathologist, a

4-16     licensed master social worker--advanced clinical practitioner, a

4-17     licensed dietitian, a licensed professional counselor, a licensed

4-18     marriage and family therapist, a psychologist, a licensed chemical

4-19     dependency counselor, or a licensed hearing aid fitter and

4-20     dispenser which fall within the scope of the license or

4-21     certification and the same services or procedures when performed by

4-22     any other practitioner of the healing arts whose services or

4-23     procedures are covered by the policy.  Any provision in a health

4-24     insurance policy contrary to or in conflict with the provisions of

4-25     this article shall, to the extent of the conflict with the

4-26     provisions of this article shall, to the extent of the conflict, be

4-27     void, but such invalidity shall not affect the validity of the

4-28     other provisions of this policy.  Any presently approved policy

4-29     form containing any provision in conflict with the requirements of

4-30     this Act shall be brought into compliance with this Act by the use

4-31     of riders and endorsements which have been approved by the State

4-32     Board of Insurance or by the filing of new or revised policy forms

4-33     for approval by the State Board of Insurance.

4-34           SECTION 4.  Section 3, Article 21.52, Insurance Code, as

4-35     amended by Section 3, Chapter 541, Acts of the 74th Legislature,

4-36     1995, is amended to read as follows:

4-37           Sec. 3.  SELECTION OF PRACTIONERS.  Any person who is issued,

4-38     who is a party to, or who is a beneficiary under any health

4-39     insurance policy delivered, renewed, or issued for delivery in this

4-40     state by any insurance company, association, or organization to

4-41     which this article applies may select a licensed doctor of

4-42     podiatric medicine, a licensed dentist, or a doctor of chiropractic

4-43     to perform the medical or surgical services or procedures scheduled

4-44     in the policy which fall within the scope of the license of that

4-45     practitioner, a licensed doctor of optometry to perform the

4-46     services or procedures scheduled in the policy which fall within

4-47     the scope of the license of that doctor of optometry, an

4-48     occupational therapist to provide the services scheduled in the

4-49     policy which fall within the scope of the license of that

4-50     occupational therapist, a physical therapist to provide the

4-51     services scheduled in the policy which fall within the scope of

4-52     license of that physical therapist, a licensed audiologist to

4-53     measure hearing for the purpose of determining the presence or

4-54     extent of a hearing loss and to provide aural rehabilitation

4-55     services to a person with a hearing loss if those services or

4-56     procedures are scheduled in the policy, a licensed speech-language

4-57     pathologist to evaluate speech and language and to provide

4-58     habilitative and rehabilitative services to restore speech or

4-59     language loss or to correct a speech or language impairment if

4-60     those services or procedures are scheduled in the policy, a

4-61     licensed master social worker--advanced clinical practitioner to

4-62     provide the services that fall within the scope of the license of

4-63     such certified practitioner and which are specified as services

4-64     within the terms of the policy of insurance, including the

4-65     provision of direct, diagnostic, preventive, or clinical services

4-66     to individuals, families, and groups whose functioning is

4-67     threatened or affected by social or psychological stress or health

4-68     impairment, if those services or procedures are scheduled in the

4-69     policy, a licensed dietitian including a provisional licensed

 5-1     dietitian under a licensed dietitian's supervision to provide the

 5-2     services that fall within the scope of the license of that

 5-3     dietitian if those services are scheduled in the policy, a licensed

 5-4     professional counselor to provide the services that fall within the

 5-5     scope of the license of that professional if those services are

 5-6     scheduled in the policy, a licensed marriage and family therapist

 5-7     to provide the services that fall within the scope of the license

 5-8     of that professional if those services are scheduled in the policy,

 5-9     a psychologist to perform the services or procedures scheduled in

5-10     the policy that fall within the scope of the license of that

5-11     psychologist, a licensed hearing aid fitter and dispenser to

5-12     provide the services or procedures scheduled in the policy that

5-13     fall within the scope of the license of that practitioner, or a

5-14     licensed psychological associate to provide the services that fall

5-15     within the scope of the license of that professional if those

5-16     services are scheduled in the policy.  The services of a licensed

5-17     master social worker--advanced clinical practitioner, licensed

5-18     professional counselor, or licensed marriage and family therapist

5-19     that are included in this Act may require a professional

5-20     recommendation by a doctor of medicine or doctor of osteopathy

5-21     unless the health insurance policy terms do not require such a

5-22     recommendation.  The payment or reimbursement by the insurance

5-23     company, association, or organization for those services or

5-24     procedures in accordance with the payment schedule or the payment

5-25     provisions in the policy shall not be denied because the same were

5-26     performed by a licensed doctor of podiatric medicine, a licensed

5-27     doctor of optometry, a licensed doctor of chiropractic, a licensed

5-28     dentist, an occupational therapist, a physical therapist, a

5-29     licensed audiologist, a licensed speech-language pathologist, a

5-30     licensed master social worker--advanced clinical practitioner, a

5-31     licensed dietitian, a licensed professional counselor, a licensed

5-32     marriage and family therapist, a psychologist, a licensed

5-33     psychological associate, or a licensed hearing aid fitter and

5-34     dispenser.  There shall not be any classification, differentiation,

5-35     or other discrimination in the payment schedule or the payment

5-36     provisions in a health insurance policy, nor in the amount or

5-37     manner of payment or reimbursement thereunder, between scheduled

5-38     services or procedures when performed by a doctor of podiatric

5-39     medicine, a doctor of optometry, a doctor of chiropractic, a

5-40     licensed dentist, an occupational therapist, a physical therapist,

5-41     a licensed audiologist, a licensed speech-language pathologist, a

5-42     licensed master social worker--advanced clinical practitioner, a

5-43     licensed dietitian, a licensed professional counselor, a licensed

5-44     marriage and family therapist, a psychologist, a licensed

5-45     psychological associate, or a licensed hearing aid fitter and

5-46     dispenser which fall within the scope of his license or

5-47     certification and the same services or procedures when performed by

5-48     any other practitioner of the healing arts whose services or

5-49     procedures are covered by the policy.  Any provision in a health

5-50     insurance policy contrary to or in conflict with the provisions of

5-51     this article shall, to the extent of the conflict, be void, but

5-52     such invalidity shall not affect the validity of the other

5-53     provisions of this policy.  Any presently approved policy form

5-54     containing any provision in conflict with the requirements of this

5-55     Act shall be brought into compliance with this Act by the use of

5-56     riders and endorsements which have been approved by the State Board

5-57     of Insurance or by the filing of new or revised policy forms for

5-58     approval by the State Board of Insurance.

5-59           SECTION 5.  This Act takes effect September 1, 1997.

5-60           SECTION 6.  The importance of this legislation and the

5-61     crowded condition of the calendars in both houses create an

5-62     emergency and an imperative public necessity that the

5-63     constitutional rule requiring bills to be read on three several

5-64     days in each house be suspended, and this rule is hereby suspended.

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