SRC-CTC, JEC C.S.H.B. 3600 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 3600
77R14128 JMM-FBy: Capelo (Cain)
Health & Human Services
5/10/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Once a physician is determined to have violated the Medical Practice Act,
the physician may be placed under restrictions and requirements by order of
the Texas State Board of Medical Examiners (board). These requirements and
restrictions provide guidelines that protect the public but also allow the
physician to improve his or her performance. The physician is monitored by
a board investigator to ensure that the physician is complying with the
terms of the board's order. The monitoring process may also involve a
review by another physician. All reports filed by the investigator or the
monitoring physician along with drug and alcohol screenings are maintained
by the board in a compliance file. Current law does not specifically state
that a compliance file must be kept confidential. C.S.H.B. 3600 specifies
that information related to compliance monitoring of physicians is
confidential.  

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 Section 160.006(a), Occupations Code, to provide that a
record, report, or other information received and maintained by the Texas
State Board of Medical Examiners (board) under this subchapter or
Subchapter B, including any material received or developed by the board
during an investigation or hearing and the identity of, and reports made
by, a physician performing or supervising compliance monitoring for the
board, is confidential. 

SECTION 2.  Amends Section 164.007(c), Occupations Code, to provide, for
the purposes of this subsection, that investigative information includes
information relating to the identity of, and a report made by, a physician
performing or supervising compliance monitoring for the board. 

SECTION 3.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Amends Engrossed H.B. 3600 by adding proposed text relating to the
confidentiality of certain information.  Removes proposed text relating to
a compliance file and adds proposed text relating to investigative
information.