By Rangel                                             H.B. No. 1951
         76R5782 JSA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the distribution of certain fees collected at medical
 1-3     schools, the establishment of a health care account for certain
 1-4     health education purposes, and the establishment of primary care
 1-5     mission statements, strategic plans, and reporting for medical
 1-6     schools.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1.  This Act may be cited as the Omnibus Health
 1-9     Professional Shortage Act.
1-10           SECTION 2.  Subchapter A, Chapter 51, Education Code, is
1-11     amended by adding Section 51.0085 to read as follows:
1-12           Sec. 51.0085.  CERTAIN HOSPITAL, CLINIC, AND DOCTOR FEES.
1-13     (a)  In this section:
1-14                 (1)  "Medical school" has the meaning assigned by
1-15     Section 61.501.
1-16                 (2)  "Medically underserved area" means an area
1-17     designated by the United States secretary of health and human
1-18     services as:
1-19                       (A)  an area having a medically underserved
1-20     population as provided by 42 U.S.C. Section 300e-1(7); or
1-21                       (B)  a health professional shortage area as
1-22     provided by 42 U.S.C. Section 254e(a)(1).
1-23           (b)  A special account known as the health care account is
1-24     created in the general revenue fund.
 2-1           (c)  The governing board of each medical school shall remit
 2-2     to the comptroller 20 percent of all hospital, clinic, and doctor
 2-3     fees collected by the medical school.  The comptroller shall
 2-4     deposit money remitted under this subsection to the credit of the
 2-5     health care account.  The percentage of all hospital, clinic, and
 2-6     doctor fees collected by each medical school required to be
 2-7     remitted to the health care account is increased by five percent
 2-8     each year beginning in the state fiscal year that begins September
 2-9     1, 2000, until the medical school demonstrates that at least 55
2-10     percent of its graduates are completing residencies and practicing
2-11     in the primary care specialties of family practice, general
2-12     practice, general internal medicine, general pediatric medicine, or
2-13     general obstetrics and gynecology.
2-14           (d)  The health care account consists of money credited to
2-15     the fund under Subsection (c), gifts, grants, and funds
2-16     appropriated by the legislature.
2-17           (e)  Money in the account may be appropriated only to the
2-18     governing board of a medical school for primary patient care
2-19     personnel and programs, educational personnel and support,
2-20     institutional development and recruitment, and new program
2-21     development that encourages health profession students in medicine,
2-22     nursing, dentistry, or allied health to specialize in primary care
2-23     delivery in medically underserved areas.
2-24           (f)  Money appropriated from the health care account to the
2-25     governing board of a medical school may not be expended until the
2-26     governing board of the medical school submits to and has had
2-27     approved by the Texas Higher Education Coordinating Board a plan
 3-1     describing the specific uses of money appropriated to the governing
 3-2     board from the health care account.  The plan must include, at a
 3-3     minimum, provisions relating to:
 3-4                 (1)  recruitment and admissions of students from
 3-5     medically underserved areas;
 3-6                 (2)  promotion, tenure, and development of primary care
 3-7     faculty;
 3-8                 (3)  team-training for students in all health
 3-9     profession degree programs;
3-10                 (4)  support for third-year clerkships in family
3-11     medicine;
3-12                 (5)  creation of endowed chairs in primary care,
3-13     preventive care, and public health in health profession schools;
3-14     and
3-15                 (6)  establishment of affiliation agreements with
3-16     hospitals and clinics in medically underserved areas that provide
3-17     for rotations of health profession students through these settings.
3-18           (g)  The initial annual plan required by Subsection (f) must
3-19     be submitted not later than April 1, 2000, and approved for
3-20     implementation not later than July 1, 2000.
3-21           SECTION 3.   Section 51.009(c), Education Code, is amended to
3-22     read as follows:
3-23           (c)  Each of the following shall be accounted for as
3-24     educational and general funds:  net tuition, special course fees
3-25     charged under Sections 54.051(e) and (l), Education Code, lab fees,
3-26     student teaching fees, hospital, [and] clinic, and doctor fees,
3-27     organized activity fees, proceeds from the sale of educational and
 4-1     general equipment, and indirect cost recovery fees.
 4-2           SECTION 4.  Chapter 61, Education Code, is amended by adding
 4-3     Subchapter V to read as follows:
 4-4               SUBCHAPTER V.  PRIMARY CARE MISSION STATEMENTS,
 4-5                       STRATEGIC PLANS, AND REPORTING
 4-6           Sec. 61.851.  DEFINITIONS.  In this subchapter:
 4-7                 (1)  "Medical school" has the meaning assigned by
 4-8     Section 61.501.
 4-9                 (2)  "Medically underserved area" means an area
4-10     designated by the United States secretary of health and human
4-11     services as:
4-12                       (A)  an area having a medically underserved
4-13     population as provided by 42 U.S.C. Section 300e-1(7); or
4-14                       (B)  a health professional shortage area as
4-15     provided by 42 U.S.C. Section 254e(a)(1).
4-16                 (3)  "Primary care physician" means a physician in the
4-17     specialty of family practice, general practice, general internal
4-18     medicine, general pediatrics, or general obstetrics and gynecology.
4-19           Sec. 61.852.  ROLE AND MISSION STATEMENT.  The role and
4-20     mission of each medical school shall:
4-21                 (1)  reflect the school's responsibility and
4-22     accountability for providing at least 55 percent of its graduates
4-23     as primary care physicians;
4-24                 (2)  reflect that the production of family and general
4-25     practitioners must be at least 25 percent of its graduates; and
4-26                 (3)  recognize the school's responsibility and
4-27     accountability for providing physicians from communities and
 5-1     backgrounds that are significantly underrepresented among
 5-2     physicians, primary care research, and the provision of primary
 5-3     care physicians to provide primary medical care to medically
 5-4     underserved areas.
 5-5           Sec. 61.853.  STRATEGIC PLAN.  (a)  The governing board of
 5-6     each medical school shall develop a strategic plan that reflects
 5-7     the requirements of Section 61.852.
 5-8           (b)  The strategic plan must contain, at least, the following
 5-9     quantifiable outcome measures:
5-10                 (1)  55 percent of the total number of medical school
5-11     graduates should complete residencies in primary care specialties
5-12     in this state;
5-13                 (2)  at least 40 percent of the members of the
5-14     admissions committee of the medical school should be primary care
5-15     physicians and include primary care physicians in private practice;
5-16     and
5-17                 (3)  at least 55 percent of the members of the
5-18     curriculum committee of the medical school should be primary care
5-19     physicians.
5-20           Sec. 61.854.  CONTENTS OF STRATEGIC PLAN.  (a)  The strategic
5-21     plan of each medical school must include, at least, the following
5-22     baseline information:
5-23                 (1)  the statistical information concerning the
5-24     practice specialties and location of the medical school's graduates
5-25     for each academic year starting with students graduating in 1991;
5-26                 (2)  the statistical information concerning students
5-27     admitted after 1991, including socioeconomic background, racial or
 6-1     ethnic composition, county of origin, sex, and financial aid
 6-2     provided;
 6-3                 (3)  the composition of admission and curriculum
 6-4     committees by specialty for each academic year after the 1994-1995
 6-5     academic year;
 6-6                 (4)  the number, specialty, and location of affiliated
 6-7     residency programs, number of positions in each program by
 6-8     postgraduate year, and number of filled positions by postgraduate
 6-9     year starting in the 1991-1992 academic year;
6-10                 (5)  the number of full-time salaried faculty by
6-11     specialty, sex, ethnicity, race, tenure, and faculty rank; and
6-12                 (6)  the total budget and sources of funds by
6-13     department within the medical school.
6-14           (b)  Each strategic plan shall address, at least, the medical
6-15     school's plan:
6-16                 (1)  to ensure that the medical school's admission
6-17     policies, structure, and function address the need to admit and
6-18     recruit more students who are inclined to select primary care
6-19     specialties;
6-20                 (2)  to ensure that the medical school's admission
6-21     policies, structure, and function reflect the need to recruit and
6-22     admit more students from economically and educationally
6-23     disadvantaged groups to the medical school;
6-24                 (3)  to ensure that the medical school's departments
6-25     and faculty composition are balanced, with increased representation
6-26     of primary care physicians, full-time salaried physicians from
6-27     underrepresented communities and backgrounds, and other primary
 7-1     care providers from community settings;
 7-2                 (4)  to ensure a system of advancement and tenure that
 7-3     rewards faculty members who are primary care generalists with
 7-4     demonstrated excellence in teaching in the same manner as other
 7-5     faculty members;
 7-6                 (5)  to involve community-based primary care physicians
 7-7     and other providers as preceptors, faculty, and role models for
 7-8     medical students and residents and to provide recognition and
 7-9     incentives to those providers for their participation;
7-10                 (6)  to incorporate basic sciences within a clinical
7-11     context throughout the preclinical curriculum;
7-12                 (7)  to ensure that preclinical and clinical training
7-13     in social, behavioral, and humanistic aspects of health and health
7-14     care delivery are provided by faculty, researchers, and clinicians
7-15     in fields such as nursing, psychology, public health, medical
7-16     sociology, medical education, health services delivery, and
7-17     bioethics;
7-18                 (8)  to provide preclinical and clinical training that
7-19     emphasizes the importance of the team approach to health care
7-20     delivery and that includes experience in working as a team member
7-21     with other health care professionals and training in using the
7-22     skills and expertise of nurses, pharmacists, public health
7-23     professionals, social workers, and other health care professionals
7-24     and ancillary personnel;
7-25                 (9)  to ensure that curricula and clinical rotations
7-26     provide all students and residents with a balance between
7-27     hospital-based subspecialty training and community-based primary
 8-1     care training, including the establishment of affiliation
 8-2     agreements with hospitals and clinics in medically underserved
 8-3     areas that provide for rotations of students through these
 8-4     settings;
 8-5                 (10)  to ensure that community-based educational
 8-6     experiences are developed and managed with significant community
 8-7     participation and involvement;
 8-8                 (11)  to provide financial support for third-year
 8-9     clerkships in family medicine; and
8-10                 (12)  to plan for the creation of endowed chairs for
8-11     primary care physicians.
8-12           Sec. 61.855.  ADOPTION OF STRATEGIC PLAN; ANNUAL UPDATE.  (a)
8-13     The initial strategic plan approved for a medical school under this
8-14     section shall be used as a baseline to assess progress toward each
8-15     medical school's goals in subsequent years.
8-16           (b)  The governing board of each medical school, at least
8-17     annually, shall update the strategic plan required by this
8-18     subchapter and shall file the plan for comment with the Texas
8-19     Higher Education Coordinating Board and the Legislative Budget
8-20     Board not later than July 1 of each year.  The governing board
8-21     shall approve for implementation the strategic plan filed for
8-22     comment under this subsection, with any changes the governing board
8-23     considers appropriate after comment by the coordinating board or
8-24     Legislative Budget Board, before September 1 of each year.
8-25           (c)  Each annual strategic plan must assess the medical
8-26     school's progress toward the outcome measures under Section 61.853.
8-27           (d)  Until the governing board of a medical school files the
 9-1     strategic plan for the medical school as required by Subsection (b)
 9-2     and approves the plan for implementation as required by Subsection
 9-3     (b), the governing board may not spend money appropriated by the
 9-4     legislature for the medical school in the state fiscal year that
 9-5     begins on the September 1 before which the plan is required to be
 9-6     approved for implementation.
 9-7           (e)  The governing board of each medical school must submit
 9-8     its initial strategic plan required by this subchapter for comment
 9-9     with the coordinating board and the Legislative Budget Board not
9-10     later than September 1, 1999.  A strategic plan must be approved
9-11     for implementation by the governing board of each medical school
9-12     not later than October 31, 2000.
9-13           SECTION 5.  Section 51.0085, Education Code, as added by this
9-14     Act, applies to fees collected on or after September 1, 1999.  A
9-15     fee collected before that date is governed by the law in effect
9-16     when the fee is collected, and that law is continued in effect for
9-17     that purpose.
9-18           SECTION 6.  The importance of this legislation and the
9-19     crowded condition of the calendars in both houses create an
9-20     emergency and an imperative public necessity that the
9-21     constitutional rule requiring bills to be read on three several
9-22     days in each house be suspended, and this rule is hereby suspended,
9-23     and that this Act take effect and be in force from and after its
9-24     passage, and it is so enacted.