By:  Madla                                             S.R. No. 908

                                  SENATE RESOLUTION

 1-1           BE IT RESOLVED by the Senate of the State of Texas, 75th

 1-2     Legislature, Regular Session, 1997, That Senate Rule 12.03 be

 1-3     suspended in part as provided by Senate Rule 12.08 to enable the

 1-4     conference committee appointed to resolve the differences on House

 1-5     Bill No. 2846 to consider and take action on the following matters:

 1-6           (1)  Senate Rules 12.03(3) and (4) are suspended to permit

 1-7     the committee to add text incorporating a new SECTION in the bill,

 1-8     appropriately numbered, to amend Section 3.10, Medical Practice Act

 1-9     (Article 4495b, Vernon's Texas Civil Statutes), to read as follows:

1-10           SECTION ____.  Section 3.10, Medical Practice Act (Article

1-11     4495b, Vernon's Texas Civil Statutes), as amended by Chapters 214

1-12     and 862, Acts of the 73rd Legislature, Regular Session, 1993, is

1-13     amended to read as follows:

1-14           Sec. 3.10. FEES.  (a)  All annual registration fees collected

1-15     by the board shall be placed in the State Treasury to the credit of

1-16     the medical registration fund.  The fees deposited to this special

1-17     fund shall be credited to the appropriations of the board and may

1-18     be spent only as provided by the General Appropriations Act, this

1-19     Act, or other applicable statutes.  Money in that fund may be used

1-20     by the board and under its direction in the enforcement of this

1-21     Act, the prohibition of the unlawful practice of medicine, the

1-22     dissemination of information to prevent the violation of the laws,

1-23     and the prosecution of those who violate the laws.  All

 2-1     distributions from the fund may be made only upon written approval

 2-2     of the secretary-treasurer of the board or his designated

 2-3     representative, and the comptroller shall upon requisition of the

 2-4     board from time to time draw warrants upon the State Treasurer for

 2-5     the amounts specified in the requisition.

 2-6           (b)  The board may not set, charge, collect, receive, or

 2-7     deposit any of the following fees in excess of:

 2-8                 (1)  for processing and granting a license by

 2-9                        reciprocity  to  a licensee   of  another  state

2-10                        .................................. $1,000 [$700]

2-11                 (2)  for processing  an  application  and

2-12                        administration  of  a partial    examination

2-13                        for    licensure ................. $1,000 [$700]

2-14                 (3)  for  processing  an  application  and

2-15                        administration   of   a complete   examination

2-16                        for    licensure ................. $1,000 [$700]

2-17                 (4)  for processing an application and issuance of a

2-18                        temporary license ......................... $200

2-19                 (5)  for processing an application and issuance of a

2-20                        duplicate license ......................... $200

2-21                 (6)  for processing an application and issuance of a

2-22                        license of reinstatement after a lapse or

2-23                        cancellation of a license ........ $1,000 [$700]

2-24                 (7)  for processing an application and issuance of an

2-25                        annual registration of a licensee ......... $200

 3-1                 (8)  for processing and issuance of an institutional

 3-2                        permit for interns, residents, and others in

 3-3                        approved medical training programs ........ $200

 3-4                 (9)  for processing an application and  issuance  of

 3-5                        an  endorsement  to other  state  medical

 3-6                        boards .................................... $200

 3-7                 (10)  for processing and issuance of a  license  or

 3-8                        temporary license  to   a    physician

 3-9                        assistant ................................. $200

3-10                 (11)  for processing and issuance of a  permit  to  a

3-11                        physician  who  supervises    an

3-12                        acupuncturist ............................ $200.

3-13           (c) [(b)]  The board may set and collect a sales charge for

3-14     making copies of any paper of record in the office of the board and

3-15     for any printed material published by the board.  The charges shall

3-16     be in amounts considered sufficient to reimburse the board for the

3-17     actual expense.

3-18           (d) [(c)]  The financial transactions of the board are

3-19     subject to audit by the state auditor in accordance with Chapter

3-20     321, Government Code.

3-21           (e) [(d)]  The board shall file annually with the governor

3-22     and the presiding officer of each house of the legislature a

3-23     complete and detailed written report accounting for all funds

3-24     received and disbursed by the board during the preceding fiscal

3-25     year.  The annual report must be in the form and reported in the

 4-1     time provided by the General Appropriations Act.

 4-2           Explanation:  This change is necessary to increase certain

 4-3     fees assessed by the Texas State Board of Medical Examiners to

 4-4     levels that cover the administrative costs of that agency in

 4-5     providing the affected services.

 4-6           (2)  Senate Rules 12.03(3) and (4) are suspended to permit

 4-7     the committee to add text incorporating a new SECTION in the bill,

 4-8     appropriately numbered, to amend the Medical Practice Act (Article

 4-9     4495b, Vernon's Texas Civil Statutes) to add a new Section 5.11 to

4-10     read as follows:

4-11           SECTION _____. Subchapter E, Medical Practice Act (Article

4-12     4495b, Vernon's Texas Civil Statutes), is amended by adding Section

4-13     5.11 to read as follows:

4-14           Sec. 5.11.  PHYSICIAN PROFILES.  (a)  The board shall create

4-15     a profile of each physician licensed under this Act.  The profile

4-16     must:

4-17                 (1)  include the information required by Subsection (b)

4-18     of this section; and

4-19                 (2)  be compiled in a format that permits the board to

4-20     make the information contained in the profile available to the

4-21     public.

4-22           (b)  A profile must contain the following information on each

4-23     physician:

4-24                 (1)  the name of each medical school attended and the

4-25     dates of graduation;

 5-1                 (2)  a description of any graduate medical education;

 5-2                 (3)  any specialty certification recognized by the

 5-3     board and held by the physician;

 5-4                 (4)  the number of years the physician has practiced

 5-5     medicine;

 5-6                 (5)  the name of each hospital in which the physician

 5-7     has privileges;

 5-8                 (6)  the physician's primary practice location;

 5-9                 (7)  whether the physician provides any language

5-10     translating services, including translating services for a person

5-11     with impairment of hearing, at the physician's primary practice

5-12     location;

5-13                 (8)  whether the physician participates in the Medicaid

5-14     program;

5-15                 (9)  a description of any conviction for an offense

5-16     constituting a felony or a serious misdemeanor that reflects

5-17     adversely on the physician's clinical competence to practice

5-18     medicine in an acceptable manner consistent with the public health

5-19     and welfare or affects adversely:

5-20                       (A)  the physician's ability to practice medicine

5-21     in an acceptable manner consistent with the public health and

5-22     welfare, as determined by board rule, during the 10-year period

5-23     preceding the date of the profile; or

5-24                       (B)  the safety of the physician's patients;

5-25                 (10)  a description of any charges reported to the

 6-1     board under Section 5.07(a) of this Act during the 10-year period

 6-2     preceding the date of the profile to which the physician has

 6-3     pleaded no contest or in which sufficient facts of guilt were found

 6-4     and the matter was continued by a court of competent jurisdiction;

 6-5                 (11)  a description of any final disciplinary action

 6-6     against the physician by the board during the 10-year period

 6-7     preceding the date of the profile;

 6-8                 (12)  a description of any final disciplinary action

 6-9     against the physician by a medical licensing board of another state

6-10     during the 10-year period preceding the date of the profile;

6-11                 (13)  a description of any revocation of or involuntary

6-12     restriction of longer than 30 days on the physician's hospital

6-13     privileges, after notice and hearing, imposed by the hospital's

6-14     governing body or other hospital official that was based on

6-15     clinical quality of patient care during the 10-year period

6-16     preceding the date of the profile;

6-17                 (14)  a description of any resignation from or

6-18     nonrenewal of medical staff membership or restriction on hospital

6-19     privileges of longer than 30 days that was based on clinical

6-20     quality of patient care imposed as a settlement of a pending

6-21     disciplinary proceeding during the 10-year period preceding the

6-22     date of the profile;

6-23                 (15)  a description of the type of allegation and of

6-24     each review action taken by the board as the result of opening a

6-25     complaint regarding a physician against whom three or more

 7-1     malpractice claims were reported under Section 5.05 of this Act in

 7-2     a five-year period; and

 7-3                 (16)  whether the physician's patient service areas are

 7-4     accessible to disabled persons, as defined by federal law.

 7-5           (c)  Information required to be included under Subsection (b)

 7-6     of this section that is not maintained by the board in the ordinary

 7-7     course of the board's duties shall be obtained from a physician at

 7-8     the time the physician renews the physician's license.  In

 7-9     requesting information from the physician, the board shall inform

7-10     the physician that compliance with the request for information is

7-11     mandatory, inform the physician of the date the information will be

7-12     made available to the public, and instruct the physician of the

7-13     requirements under Subsection (f) of this section for the physician

7-14     to obtain a copy of the physician's profile to make corrections.

7-15           (d)  This section does not prevent the board from providing

7-16     explanatory information regarding the significance of categories in

7-17     which malpractice settlements are reported.

7-18           (e)  A pending malpractice claim, other than a claim

7-19     disclosed under Subsection (b)(15) of this section, may not be

7-20     disclosed to the public by the board.  This subsection does not

7-21     prevent the board from investigating and disciplining a physician

7-22     on the basis of a pending medical malpractice claim.

7-23           (f)  The board shall provide an individual physician with a

7-24     copy of the physician's profile if the physician requests a copy at

7-25     the time the physician renews the physician's license.  If a copy

 8-1     is requested by a physician the board shall provide the physician

 8-2     one month from the date the copy is provided to the physician to

 8-3     correct factual errors in the physician's profile.

 8-4           (g)  The board shall update the information contained in a

 8-5     physician's profile annually.  The board shall adopt a form that

 8-6     allows a physician to update information contained in a physician's

 8-7     profile or to provide additional information to be included in the

 8-8     profile.  The form shall be made available electronically and on

 8-9     the Internet.  A physician may update information  in the

8-10     physician's profile or provide additional information for the

8-11     profile at any time.  The board may assess a fee to be paid by the

8-12     physician to update the physician's profile at a time other than

8-13     the board's annual update and a fee to cover the costs of including

8-14     additional information in the profile not required by the board.

8-15     The board may adopt rules concerning the type and content of

8-16     additional information that may be included in a physician's

8-17     profile.

8-18           (h)  The board shall adopt rules as necessary to implement

8-19     this section.

8-20           Explanation:  This change is necessary to authorize the Texas

8-21     State Board of Medical Examiners to establish a physician profiling

8-22     system to improve the efficiency of that agency in regulating the

8-23     practice of medicine in this state.

8-24           (3)  Senate Rules 12.03(3) and (4) are suspended to permit

8-25     the committee to add text incorporating transitional material in

 9-1     the bill to implement the amendment to  Section 3.10, Medical

 9-2     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

 9-3     the addition of Section 5.11, Medical Practice Act (Article 4495b,

 9-4     Vernon's Texas Civil Statutes), to read as follows:

 9-5           (b)  Section 3.10, Medical Practice Act (Article 4495b,

 9-6     Vernon's Texas Civil Statutes), as amended by this Act, applies

 9-7     only to a fee assessed for a license application, license issuance,

 9-8     or license examination occurring on or after the effective date of

 9-9     this  Act.

9-10           (c)  The Texas State Board of Medical Examiners shall adopt

9-11     rules under Section 5.11, Medical Practice Act (Article 4495b,

9-12     Vernon's Texas Civil Statutes), as added by this Act, not later

9-13     than January 1, 1998.  The board shall make the initial physician

9-14     profiles required under that section available to the public not

9-15     later than June 1, 1999.

9-16           (d)  The Texas State Board of Medical Examiners shall raise

9-17     fees prescribed by the board in an amount not to exceed $15 for

9-18     each fiscal year in the 1998-1999 biennium and not to exceed $10

9-19     for each fiscal year in the 2000-2001 biennium for each physician

9-20     licensed by the board to cover the costs of administering the

9-21     changes in law made by this Act.  The board shall reduce any fees

9-22     raised under this subsection not later than the second anniversary

9-23     of the date the initial physician profiles required under Section

9-24     5.11, Medical Practice Act (Article 4495b, Vernon's Texas Civil

9-25     Statutes), as added by this Act, are made available to the public

 10-1    to the extent the increase in fee amounts was necessary to cover

 10-2    the initial costs incurred by the board in establishing a physician

 10-3    profile system.

 10-4          Explanation:  This change is necessary to clarify the

 10-5    implementation of the new fee increases and physician profiling

 10-6    system adopted under the amendments to the Medical Practice Act

 10-7    (Article 4495b, Vernon's Texas Civil Statutes).

 10-8                                 ______________________________________

 10-9                                         President of the Senate

10-10                                      I hereby certify that the above

10-11                                 Resolution was adopted by the Senate

10-12                                 on May 28, 1997, by the following

10-13                                 vote:  Yeas 29, Nays 0.

10-14                                 ______________________________________

10-15                                         Secretary of the Senate