SRC-BWC S.B. 1587 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1587
77R7907 DAK-DBy: Moncrief
Administration
3/29/2001
As Filed


DIGEST AND PURPOSE 

Disputes over health care professionals' scope of practice 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.  As proposed,
S.B. 1587 outlines a process in which health care practitioners participate
in alternative dispute resolution proceedings regarding health care
profession draft legislation. 

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 7, Civil Practice and Remedies Code, by adding
Chapter 156, as follows: 

CHAPTER 156.  ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR HEALTH
CARE PROFESSION DRAFT LEGISLATION

Sec. 156.001.  DEFINITIONS.  Defines "health care profession draft
legislation," "health care professional group," and  "mediator." 

Sec. 156.002.  HEALTH CARE PROFESSIONS. Sets forth a list of health care
professions to which this chapter applies. 
  
Sec. 156.003.  DISPUTE RESOLUTION PROCEEDING.  Authorizes a health care
professional group that seeks the enactment of health care profession draft
legislation to conduct a dispute resolution proceeding in the manner
provided by this chapter relating to the draft legislation. 

Sec. 156.004.  POSTPONEMENT OF CONSIDERATION. Authorizes the chair of any
committee of the senate or house of representatives to require that the
committee postpone consideration of health care profession draft
legislation until after an alternative dispute resolution proceeding
relating to the draft legislation is conducted in the manner provided by
this chapter. 

Sec. 156.005.  CHOICE OF ALTERNATIVE DISPUTE RESOLUTION PROCEEDING.
Authorizes a health care professional group that seeks the enactment of
health care profession draft legislation to choose any appropriate
alternative dispute resolution procedure, including a procedure described
under Chapter 154B or  mediation by the Center for Public Policy Dispute
Resolution at The University of Texas School of Law. 
 
Sec. 156.006.  PARTIES TO THE ALTERNATIVE DISPUTE RESOLUTION PROCEEDING.
Provides that the parties to the alternative dispute resolution proceeding
are the health care professional group that seeks the enactment of health
care profession draft legislation, any other health care professional group
that would be affected by the enactment of the health care profession draft
legislation and that chooses to participate as a party, and certain
individuals. 
   
Sec. 156.007.  COST OF PROCEEDING.  Requires the health care professional
group that seeks the enactment of health care profession draft legislation
to pay the costs of the mediator. Requires a party to pay for any costs it
incurs in preparing for and participating in the alternative dispute
resolution proceeding, including costs for experts. 

Sec. 156.008.  INVOLVEMENT OF ALL AFFECTED HEALTH CARE PROFESSIONS.
Requires the mediator to assure that all health care professional groups of
the health care professions affected by the health care profession draft
legislation that is the subject of the alternative dispute resolution
proceeding have been notified of and invited to participate in the
proceeding. 

Sec. 156.009.  ISSUES FOR RESOLUTION.  Requires the alternative dispute
resolution proceeding to consider, in relation to the health care
profession draft legislation, certain  issues. 

Sec. 156.010.  REPORT ON COMPLETION OF ALTERNATIVE DISPUTE RESOLUTION
PROCEEDING.  Requires the mediator, after the conclusion of the alternative
dispute resolution proceeding, to prepare a report that is required to
contain certain information and sent to certain individuals. 
 
Sec. 156.011.  STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a)   Authorizes
certain individuals, on or after the 60th day after the date the mediator
sends its report under Section 156.010, to request that the State Office of
Administrative Hearings conduct a hearing or an alternative dispute
resolution procedure relating to the health care profession draft
legislation that is the subject of the report. 
  
 (b)  Requires the person making the request, in consultation with the
State Office of Administrative Hearings and the parties to the original
alternative dispute resolution procedure, to determine the nature of the
proceeding that the office will conduct. 

(c)  Requires the hearing or alternative dispute resolution proceeding to
consider, in relation to the health care profession draft legislation, the
issues under Section 156.009. 

 (d)  Requires the mediator to prepare and submit a report in the same
manner as provided by Section 156.010. 

(e)  Requires a party to the hearing or alternative dispute resolution to
pay for any costs it incurs in preparing for and participating in the
hearing or alternative dispute resolution proceeding, including costs for
experts. 

SECTION 2.  Effective date: September 1, 2001.
 
(b)  Provides that this Act applies to a proposal for legislation to change
or clarify the permissible scope of practice of a health care profession to
which Chapter 156, Civil Practice and Remedies Code, as added by this Act,
applies without regard to whether the proposal has previously been
considered in any manner by the legislature.