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                                  * * * * *