By Telford H.B. No. 3083
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of physicians.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3.06(i), Medical Practice Act (Article
1-5 4495b, Vernon's Texas Civil Statutes) is amended to read as
1-6 follows:
1-7 (i) A person who is physically located in another
1-8 jurisdiction but who, through the use of any medium, including an
1-9 electronic medium, performs an act that is part of patient care
1-10 service initiated in this state, including the taking of an X-ray
1-11 examination or the preparation of pathological material for
1-12 examination, and that would affect the diagnosis or treatment of
1-13 the patient, is engaged in the practice of medicine in this state
1-14 for the purposes of this Act and is subject to this Act and to
1-15 appropriate regulation by the board. This subsection does not
1-16 apply to:
1-17 (1) the acts of a medical specialist located in
1-18 another jurisdiction who provides only episodic consultation
1-19 services on request to a person licensed in this state who
1-20 practices in the same medical specialty;
1-21 (2) the acts of a physician located in another
1-22 jurisdiction who is providing consultation services to a medical
1-23 school as defined in Section 61.501, Education Code; [or]
1-24 (3) the acts of a physician located in another
2-1 jurisdiction who is providing consultation services to an
2-2 institution defined in either Subchapter C, Chapter 73, Education
2-3 Code, or Subchapter K, Chapter 74, Education Code; or
2-4 (4) the acts of a physician located in another
2-5 jurisdiction of a state of the United States whose borders are
2-6 contiguous with the State of Texas who orders home health or
2-7 hospice services for a resident of this state to be delivered by a
2-8 home and community support services agency licensed in this state.
2-9 SECTION 2. This Act takes effect September 1, 1999.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and imperative public necessity that the constitutional
2-13 rule requiring bills to be read on three several days in each house
2-14 be suspended, and this rule is hereby suspended.
2-15 COMMITTEE AMENDMENT NO. 1
2-16 Amend House Bill 3083 as follows:
2-17 (1) On page 2, line 10, after who and before orders, insert
2-18 the following: is the treating physician of a patient and
2-19 Hilderbran