HBA-CCH H.B. 2730 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2730 By: Gray Civil Practices 3/27/2001 Introduced BACKGROUND AND PURPOSE Disputes over the scope of practice of health care professionals are generated by the crossover of services and may develop from an attempt to increase access to health care by expanding the practice of particular health care professionals. The high level of complexity and specialized knowledge make scope of practice disputes among the most contentious and time-consuming issues that the legislature addresses. In addition to the complexity of the debates, the brevity of the biannual legislative session compounds legislators' difficulty in navigating through these issues. House Bill 2730 proposes a process in which health care practitioners participate in alternative dispute resolution proceedings. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2730 amends the Civil Practice and Remedies Code to authorize a health care professional group (group) that seeks the enactment of health care profession draft legislation (draft legislation) to conduct a dispute resolution proceeding relating to the draft legislation (Sec. 156.003). The bill authorizes the chair of any committee of the senate or house of representatives to require that the committee postpone consideration of draft legislation until after an alternative dispute resolution proceeding relating to the draft legislation (Sec. 156.004). The bill authorizes a group to seek the enactment of draft legislation and to choose any appropriate alternative dispute resolution procedure including mediation (Sec. 156.005). The bill specifies the parties to the alternative dispute resolution proceeding and sets forth provisions relating to the payment for the proceeding (Sec. 156.006 and 156.007). The bill requires the mediator to assure that all groups of the health care professions affected by the draft legislation that are the subject of the alternative dispute resolution proceeding have been notified of and invited to participate in the proceeding (Sec. 156.008). The bill requires the alternative dispute resolution proceeding to consider the necessity of the draft legislation, the benefit or harm to the public, the extent to which the public can be confident that the health care professionals whose practice will be affected will be competent, the extent to which the draft legislation may restrict entry into practice and require health care professionals from other states who decide to practice in Texas to undergo new training, any cost to the state and the public, and any objections raised by health care professionals affected by the draft legislation and the validity of the objections (Sec. 156.009). The bill requires the mediator to prepare and send a report to the parties of the proceeding, the lieutenant governor, the speaker of the house of representatives, and the chairs of the appropriate committees in the senate and house of representatives and specifies the general content the report must contain (Sec. 156.010). On or after the 60th day after the date the mediator sends its report, the lieutenant governor, the speaker of the house of representatives or the chairs of the committees may request that the State Office of Administrative Hearings conduct a hearing or an alternative dispute resolution procedure relating to the subject matter of the report. The bill sets forth provisions related to the nature of the hearing or proceeding, the required subject matter of the hearing or proceeding, the required mediator's report and who shall receive the report, and the payment for the hearing or proceeding (Sec. 156.011). EFFECTIVE DATE September 1, 2001.