By Bailey                                             H.B. No. 1526
         77R4932 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the selection of a doctor for workers' compensation
 1-3     benefits.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 408.022, Labor Code, is amended to read as
 1-6     follows:
 1-7           Sec. 408.022.  SELECTION OF DOCTOR. (a)  An injured employee
 1-8     is entitled to the employee's initial choice of a doctor.  An
 1-9     injured employee's initial choice of doctor is the first doctor who
1-10     provides health care to the employee after the injury occurs, other
1-11     than:
1-12                 (1)  a doctor salaried by the employer;
1-13                 (2)  a doctor recommended by the insurance carrier or
1-14     employer, unless the injured employee continues to receive
1-15     treatment from the doctor for a period of more than 60 days after
1-16     the date of receipt of written notice of the employee's right to
1-17     change doctors; or
1-18                 (3)  a doctor providing emergency care to the injured
1-19     employee, unless the injured employee receives treatment from the
1-20     doctor that is unrelated to the emergency treatment for a period of
1-21     more than 60 days after the date of receipt of written notice of
1-22     the employee's right to change doctors.
1-23           (b)  An employee may change doctors one time by submitting to
1-24     the commission in writing the reasons for the change.
 2-1           (c)  A third or subsequent doctor selected by the employee is
 2-2     subject to the approval of the insurance carrier or the commission.
 2-3           (d)  The commission shall adopt rules for implementing this
 2-4     section.  [Except in an emergency, the commission shall require an
 2-5     employee to receive medical treatment from a doctor chosen from a
 2-6     list of doctors approved by the commission.  A doctor may perform
 2-7     only those procedures that are within the scope of the practice for
 2-8     which the doctor is licensed.  The employee is entitled to the
 2-9     employee's initial choice of a doctor from the commission's list.]
2-10           [(b)  If an employee is dissatisfied with the initial choice
2-11     of a doctor from the commission's list, the employee may notify the
2-12     commission and request authority to select an alternate doctor.
2-13     The notification must be in writing stating the reasons for the
2-14     change, except notification may be by telephone when a medical
2-15     necessity exists for immediate change.]
2-16           [(c)  The commission shall prescribe criteria to be used by
2-17     the commission in granting the employee authority to select an
2-18     alternate doctor.  The criteria may include:]
2-19                 [(1)  whether treatment by the current doctor is
2-20     medically inappropriate;]
2-21                 [(2)  the professional reputation of the doctor;]
2-22                 [(3)  whether the employee is receiving appropriate
2-23     medical care to reach maximum medical improvement; and]
2-24                 [(4)  whether a conflict exists between the employee
2-25     and the doctor to the extent that the doctor-patient relationship
2-26     is jeopardized or impaired.]
2-27           [(d)  A change of doctor may not be made to secure a new
 3-1     impairment rating or medical report.]
 3-2           [(e)  For purposes of this section, the following is not a
 3-3     selection of an alternate doctor:]
 3-4                 [(1)  a referral made by the doctor chosen by the
 3-5     employee if the referral is medically reasonable and necessary;]
 3-6                 [(2)  the receipt of services ancillary to surgery;]
 3-7                 [(3)  the obtaining of a second or subsequent opinion
 3-8     only on the appropriateness of the diagnosis or treatment;]
 3-9                 [(4)  the selection of a doctor because the original
3-10     doctor:]
3-11                       [(A)  dies;]
3-12                       [(B)  retires; or]
3-13                       [(C)  becomes unavailable or unable to provide
3-14     medical care to the employee; or]
3-15                 [(5)  a change of doctors required because of a change
3-16     of residence by the employee.]
3-17           SECTION 2. (a)  This Act takes effect September 1, 2001.
3-18           (b)  The change in law made by this Act applies only to a
3-19     claim for workers' compensation benefits based on a compensable
3-20     injury that occurs on or after the effective date of this Act.  A
3-21     claim based on a compensable injury that occurs before the
3-22     effective date of this Act is governed by the law in effect on the
3-23     date the compensable injury occurred, and the former law is
3-24     continued in effect for that purpose.