By Telford                                            H.B. No. 3083
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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
 2-1     jurisdiction who is providing consultation services to a medical
 2-2     school as defined in Section 61.501, Education Code; [or]
 2-3                 (3)  the acts of a physician located in another
 2-4     jurisdiction who is providing consultation services to an
 2-5     institution defined in either Subchapter C, Chapter 73, Education
 2-6     Code, or Subchapter K, Chapter 74, Education Code; or
 2-7                 (4)  the acts of a physician located in another
 2-8     jurisdiction of a state of the United States whose borders are
 2-9     contiguous with the State of Texas who orders home health or
2-10     hospice services for a resident of this state to be delivered by a
2-11     home and community support services agency licensed in this state.
2-12           SECTION 2.  This Act takes effect September 1, 1999.
2-13           SECTION 3.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and imperative public necessity that the constitutional
2-16     rule requiring bills to be read on three several days in each house
2-17     be suspended, and this rule is hereby suspended.