1-1 AN ACT 1-2 relating to creating the rural physician relief program and to 1-3 licensing of physicians intending to practice in rural areas or 1-4 other underserved or shortage areas. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 106, Health and Safety Code, is amended 1-7 by adding Subchapter H to read as follows: 1-8 SUBCHAPTER H. RURAL PHYSICIAN RELIEF PROGRAM 1-9 Sec. 106.251. DEFINITIONS. In this subchapter: 1-10 (1) "Physician" means a person licensed to practice 1-11 medicine in this state under Subtitle B, Title 3, Occupations Code. 1-12 (2) "Relief services" means: 1-13 (A) the temporary coverage of a physician's 1-14 practice by another physician for a predetermined time during the 1-15 physician's absence and before the physician's return; or 1-16 (B) the intended practice of medicine by a 1-17 person who is applying for a license as a physician in this state 1-18 and who promises to practice medicine in a rural area as defined by 1-19 Subdivision (3)(A). 1-20 (3) "Rural" means: 1-21 (A) a community located in a county with a 1-22 population not greater than 50,000; or 1-23 (B) an area designated under state or federal 1-24 law as: 1-25 (i) a health professional shortage area; 2-1 or 2-2 (ii) a medically underserved area; or 2-3 (C) a medically underserved community designated 2-4 by the center. 2-5 Sec. 106.252. RURAL PHYSICIAN RELIEF PROGRAM. (a) The 2-6 center shall create a program to provide affordable relief services 2-7 to rural physicians practicing in the fields of general family 2-8 medicine, general internal medicine, and general pediatrics to 2-9 facilitate the ability of those physicians to take time away from 2-10 their practice. 2-11 (b) As part of the program under this subchapter, the center 2-12 shall provide the statement required by Section 155.056(c), 2-13 Occupations Code, for an applicant for a license as a physician who 2-14 promises to provide relief services as described by Section 2-15 106.251(2)(B). 2-16 Sec. 106.253. FEES. (a) The center shall charge a fee for 2-17 rural physicians to participate in the program. 2-18 (b) The fees collected under this section shall be deposited 2-19 in a special account in the general revenue fund that may be 2-20 appropriated only to the center for administration of this 2-21 subchapter. 2-22 Sec. 106.254. FUNDING. The center may solicit and accept 2-23 gifts, grants, donations, and contributions to support the program. 2-24 Sec. 106.255. RELIEF PHYSICIAN'S EXPENSES. The center shall 2-25 pay a physician providing relief under the program using fees 2-26 collected by the center. 3-1 Sec. 106.256. PRIORITY ASSIGNMENT OF RELIEF PHYSICIANS. 3-2 (a) The center shall assign physicians to provide relief to a 3-3 rural area in accordance with the following priorities: 3-4 (1) solo practitioners; 3-5 (2) counties that have fewer than seven residents per 3-6 square mile; 3-7 (3) counties that have been designated under federal 3-8 law as a health professional shortage area; 3-9 (4) counties that do not have a hospital; and 3-10 (5) counties that have a hospital but do not have a 3-11 continuously staffed hospital emergency room. 3-12 (b) In determining where to assign relief physicians, the 3-13 center shall consider the number of physicians in the area 3-14 available to provide relief services and the distance in that area 3-15 to the nearest physician that practices in the same specialty. 3-16 (c) At the request of the center, residency program 3-17 directors may assist the center in coordinating the assignment of 3-18 relief physicians. 3-19 Sec. 106.257. RELIEF PHYSICIAN RECRUITMENT. The center 3-20 shall actively recruit physicians to participate in the program as 3-21 relief physicians. The center shall concentrate on recruiting 3-22 physicians involved in an accredited residency program in general 3-23 pediatrics, general internal medicine, and general family medicine, 3-24 physicians registered on the center's locum tenens registry, 3-25 physicians employed at a medical school, and physicians working for 3-26 private locum tenens groups. 4-1 Sec. 106.258. APPLICATION. This subchapter does not 4-2 authorize the unlicensed practice of medicine. 4-3 SECTION 2. Section 155.056, Occupations Code, is amended by 4-4 adding Subsection (c) to read as follows: 4-5 (c) Notwithstanding Subsections (a) and (b), an applicant is 4-6 considered to have satisfied the requirements of this section if 4-7 the applicant: 4-8 (1) passed all but one part of an examination approved 4-9 by the board within three attempts and passed the remaining part of 4-10 the examination within six attempts; 4-11 (2) is specialty board certified by a specialty board 4-12 that: 4-13 (A) is a member of the American Board of Medical 4-14 Specialties; or 4-15 (B) is approved by the American Osteopathic 4-16 Association; 4-17 (3) is a pharmacist licensed by the Texas State Board 4-18 of Pharmacy; 4-19 (4) submits an affidavit with the application that the 4-20 applicant intends to provide relief services, as described by 4-21 Section 106.251(2)(B), Health and Safety Code; 4-22 (5) provides a statement from the Center for Rural 4-23 Health Initiatives that the services the applicant promises to 4-24 provide qualify as relief services under Section 106.251, Health 4-25 and Safety Code; and 4-26 (6) has completed, in this state, at least three years S.B. No. 516 5-1 of postgraduate medical training approved by the board. 5-2 SECTION 3. Subchapter B, Chapter 155, Occupations Code, is 5-3 amended by adding Section 155.059 to read as follows: 5-4 Sec. 155.059. LICENSE TO PRACTICE IN RURAL AREAS. The board 5-5 may issue a license to practice medicine to an applicant who 5-6 qualifies for a license under Section 155.056(c). A person 5-7 licensed under this section may only practice medicine in a rural 5-8 area as defined by Section 106.251(3)(A), Health and Safety Code. 5-9 SECTION 4. This Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 516 passed the Senate on February 26, 2001, by a viva-voce vote; May 22, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 24, 2001, House granted request of the Senate; May 26, 2001, Senate adopted Conference Committee Report by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 516 passed the House, with amendments, on May 17, 2001, by a non-record vote; May 24, 2001, House granted request of the Senate for appointment of Conference Committee; May 26, 2001, House adopted Conference Committee Report by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor