HBA-NRS S.B. 1300 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1300
By: Cain
Public Health
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law provides that practicing medicine without an annual
registration receipt for the current year has the same effect, and is
subject to all penalties of, practicing medicine without a license. Current
law also provides that a physician is allowed a 30-day grace period for
payment of the annual registration fee from the date of the expiration of
the license. Current law is inconsistent regarding whether a physician who
does not pay the annual registration fee by the expiration date, but does
pay the fee within the 30-day grace period is or is not practicing without
a license during that period.  This inconsistency creates problems for
hospitals and other health care entities involved in credentialing
physicians. Physicians who have not paid the annual registration fee in
time to allow for the posting of the fee and updating of the new expiration
date of the registration may be considered to have an expired registration.
Senate Bill 1300 seeks to clarify current law by providing that a physician
is not considered to be practicing medicine without a license during the
30-day grace period. 

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

Senate Bill 1300 amends the Occupations Code to provide that practicing
medicine without an annual registration receipt for the current year after
the expiration of the 30-day grace period for payment of the annual
registration fee has the same effect as, and is subject to all penalties
of, practicing medicine without a license.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.