HBA-JRA H.B. 677 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 677 By: Janek Public Health 2/26/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The Texas State Board of Medical Examiners is in the process of changing the present institutional permit to a postgraduate resident permit. As a result, some county probate courts have determined that intern and resident physicians providing medical services under an institutional permit do not meet the definition of "physician" in the Texas Mental Health Code. C.S.H.B. 677 redefines "physician" in the Texas Mental Health Code to include a person authorized to perform medical services under an institutional permit at an approved Texas postgraduate training program. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 571.003(18), Health and Safety Code, to include, in the definition of "physician," a person authorized to perform medical acts under an institutional permit at a Texas postgraduate training program approved by the Accreditation Council on Graduate Medical Education, the American Osteopathic Association, or the Texas State Board of Medical Examiners. SECTION 2. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. Redefines "physician" for purposes of the entire Texas Mental Health Code, rather than only for the purposes of completing a certificate of medical examination for mental illness under Section 574.009, Health and Safety Code, to include a person authorized to perform medical acts under an institutional permit at an approved Texas postgraduate training program.