1-1 By: Telford (Senate Sponsor - Duncan) H.B. No. 3083
1-2 (In the Senate - Received from the House May 3, 1999;
1-3 May 3, 1999, read first time and referred to Committee on Health
1-4 Services; May 12, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 12, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to medical services ordered by physicians in certain other
1-9 states for residents of this state.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 3.06(i), Medical Practice Act (Article
1-12 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-13 follows:
1-14 (i) A person who is physically located in another
1-15 jurisdiction but who, through the use of any medium, including an
1-16 electronic medium, performs an act that is part of patient care
1-17 service initiated in this state, including the taking of an X-ray
1-18 examination or the preparation of pathological material for
1-19 examination, and that would affect the diagnosis or treatment of
1-20 the patient, is engaged in the practice of medicine in this state
1-21 for the purposes of this Act and is subject to this Act and to
1-22 appropriate regulation by the board. This subsection does not
1-23 apply to:
1-24 (1) the acts of a medical specialist located in
1-25 another jurisdiction who provides only episodic consultation
1-26 services on request to a person licensed in this state who
1-27 practices in the same medical specialty;
1-28 (2) the acts of a physician located in another
1-29 jurisdiction who is providing consultation services to a medical
1-30 school as defined in Section 61.501, Education Code; [or]
1-31 (3) the acts of a physician located in another
1-32 jurisdiction who is providing consultation services to an
1-33 institution defined in either Subchapter C, Chapter 73, Education
1-34 Code, or Subchapter K, Chapter 74, Education Code; or
1-35 (4) the acts of a physician located in another
1-36 jurisdiction of a state of the United States whose borders are
1-37 contiguous with the State of Texas who is the treating physician of
1-38 a patient and orders home health or hospice services for a resident
1-39 of this state to be delivered by a home and community support
1-40 services agency licensed in this state.
1-41 SECTION 2. This Act takes effect September 1, 1999.
1-42 SECTION 3. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *