SRC-MKV H.B. 100 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 100
77R326 MXM-DBy: Maxey (Van de Putte)
Health & Human Services
4/27/2001
Engrossed


DIGEST AND PURPOSE 

The United States Congress and state legislatures have enacted many
safeguards to protect consumers from unregulated health care activities.
Both federal and state licensing agencies have developed rules to regulate
professionals providing a service to consumers. With services to consumers
now being provided via the Internet, there may be confusion as to the
authority of state licensing authorities who regulate professionals on the
Internet with the same authority as in a non-Internet situation. H.B. 100
clarifies that a state licensing authority has the same regulatory power
over actions on the Internet as it has in a non-Internet setting.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 3A, Occupations Code, by adding Chapter 105, as
follows: 

CHAPTER 105.  GENERAL REGULATORY AUTHORITY REGARDING HEALTH CARE
PRACTITIONERS' USE OF INTERNET 

Sec. 105.001.  EFFECT OF INTERNET ACTIVITY.  (a) Defines "licensing
authority" and "Internet." 

(b) Provides that the fact that an activity occurs through the use of the
Internet does not affect a licensing authority's power to regulate an
activity or person that would otherwise be regulated under this title. 

SECTION 2.  Effective date: upon passage or September 1, 2001.