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