By Lucio                                              S.B. No. 1297
         77R327 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to information that a professional liability insurance
 1-3     carrier or the Texas Board of Medical Examiners may require a
 1-4     physician to provide.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter B, Chapter 5, Insurance Code, is
 1-7     amended by adding Article 5.15-4 to read as follows:
 1-8           Art. 5.15-4.  PHYSICIAN NOT REQUIRED TO PROVIDE CERTAIN
 1-9     INFORMATION TO INSURER. (a)  In this article:
1-10                 (1)  "Health care liability claim"  has the meaning
1-11     assigned by Section 1.03, Medical Liability and Insurance
1-12     Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
1-13     Statutes).
1-14                 (2)  "Insurer" means any insurer who issues policies of
1-15     professional liability insurance covering physicians, including:
1-16                       (A)  the Texas Medical Liability Insurance
1-17     Underwriting Association established under Article 21.49-3 of this
1-18     code;
1-19                       (B)  a self-insurance trust operating under
1-20     Article 21.49-4 of this code; and
1-21                       (C)  an insurer acting as a servicing carrier for
1-22     an entity described by Paragraph (A) or (B) of this subdivision.
1-23                 (3)  "Physician" means a person licensed to practice
1-24     medicine in this state.
 2-1           (b)  An insurer may not require a physician who applies for
 2-2     or seeks renewal of a professional liability policy  to provide the
 2-3     insurer with documents or other information relating to a health
 2-4     care liability claim against the physician if a suit is filed on
 2-5     the claim and:
 2-6                 (1)  the suit is dismissed without:
 2-7                       (A)  a settlement on the claim being made; or
 2-8                       (B)  resolution of the claim being made through
 2-9     alternative dispute resolution, including mediation or arbitration,
2-10     under which the physician becomes liable to pay money to the
2-11     claimant; or
2-12                 (2)  the physician is found not liable for the claim by
2-13     the court that finally adjudicates the claim.
2-14           SECTION 2. Subchapter A, Chapter 156, Occupations Code, is
2-15     amended by adding Section 156.010 to read as follows:
2-16           Sec. 156.010.  APPLICANT NOT REQUIRED TO PROVIDE CERTAIN
2-17     INFORMATION. (a)  In this section, "health care liability claim"
2-18     has the meaning assigned by the Medical Liability and Insurance
2-19     Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
2-20     Statutes).
2-21           (b)  Notwithstanding Section 156.001, the board may not
2-22     require a person who applies for registration under this chapter to
2-23     provide the board with documents or other information relating to a
2-24     health care liability claim against the person if a suit is filed
2-25     on the claim and:
2-26                 (1)  the suit is dismissed without:
2-27                       (A)  a settlement on the claim being made; or
 3-1                       (B)  resolution of the claim being made through
 3-2     alternative dispute resolution, including mediation or arbitration,
 3-3     under which the physician becomes liable to pay money to the
 3-4     claimant; or
 3-5                 (2)  the person is found not liable for the claim by
 3-6     the court that finally adjudicates the claim.
 3-7           SECTION 3. This Act takes effect September 1, 2001.