By Moncrief S.B. No. 1587
77R7907 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to alternative dispute resolution procedures for proposals
1-3 for legislation to change or clarify the permissible scope of
1-4 practice of a health care profession.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 7, Civil Practice and Remedies Code, is
1-7 amended by adding Chapter 156 to read as follows:
1-8 CHAPTER 156. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR HEALTH
1-9 CARE PROFESSION DRAFT LEGISLATION
1-10 Sec. 156.001. DEFINITIONS. In this chapter:
1-11 (1) "Health care profession draft legislation" means
1-12 a proposal for legislation to change or clarify the permissible
1-13 scope of practice of a health care profession to which this chapter
1-14 applies.
1-15 (2) "Health care professional group" means a group of
1-16 individuals or a person representing a group of individuals who
1-17 practice a health care profession to which this chapter applies.
1-18 (3) "Mediator" means the impartial third party, panel,
1-19 or other person who conducts a dispute resolution proceeding under
1-20 this chapter.
1-21 Sec. 156.002. HEALTH CARE PROFESSIONS. This chapter applies
1-22 to the following health care professions:
1-23 (1) physician;
1-24 (2) physician's assistant;
2-1 (3) registered nurse;
2-2 (4) advanced practice nurse;
2-3 (5) licensed vocational nurse;
2-4 (6) medical physicist;
2-5 (7) medical radiologic technologist;
2-6 (8) dentist;
2-7 (9) dental hygienist;
2-8 (10) optometrist or therapeutic optometrist;
2-9 (11) optician;
2-10 (12) chiropractor;
2-11 (13) prosthetist;
2-12 (14) orthotist;
2-13 (15) audiologist;
2-14 (16) speech-language pathologist;
2-15 (17) hearing instrument fitter and dispenser;
2-16 (18) physical therapist;
2-17 (19) occupational therapist;
2-18 (20) psychologist;
2-19 (21) social worker;
2-20 (22) licensed professional counselor;
2-21 (23) chemical dependency counselor;
2-22 (24) marriage and family therapist;
2-23 (25) acupuncturist;
2-24 (26) dietician;
2-25 (27) midwife;
2-26 (28) athletic trainer;
2-27 (29) massage therapist;
3-1 (30) perfusionist;
3-2 (31) pharmacist;
3-3 (32) respiratory care professional; and
3-4 (33) podiatrist.
3-5 Sec. 156.003. DISPUTE RESOLUTION PROCEEDING. A health care
3-6 professional group that seeks the enactment of health care
3-7 profession draft legislation may conduct a dispute resolution
3-8 proceeding in the manner provided by this chapter relating to the
3-9 draft legislation.
3-10 Sec. 156.004. POSTPONEMENT OF CONSIDERATION. The chair of
3-11 any committee of the senate or house of representatives may require
3-12 that the committee postpone consideration of health care profession
3-13 draft legislation until after an alternative dispute resolution
3-14 proceeding relating to the draft legislation is conducted in the
3-15 manner provided by this chapter.
3-16 Sec. 156.005. CHOICE OF ALTERNATIVE DISPUTE RESOLUTION
3-17 PROCEEDING. A health care professional group that seeks the
3-18 enactment of health care profession draft legislation may choose
3-19 any appropriate alternative dispute resolution procedure,
3-20 including:
3-21 (1) a procedure described under Subchapter B, Chapter
3-22 154; or
3-23 (2) mediation by the Center for Public Policy Dispute
3-24 Resolution at The University of Texas School of Law.
3-25 Sec. 156.006. PARTIES TO THE ALTERNATIVE DISPUTE RESOLUTION
3-26 PROCEEDING. The parties to the alternative dispute resolution
3-27 proceeding are:
4-1 (1) the health care professional group that seeks the
4-2 enactment of health care profession draft legislation;
4-3 (2) any other health care professional group that
4-4 would be affected by the enactment of the health care profession
4-5 draft legislation and that chooses to participate as a party; and
4-6 (3) an individual:
4-7 (A) who is a health care professional in a
4-8 profession affected by the enactment of the health care profession
4-9 draft legislation; and
4-10 (B) whose interest is not otherwise represented
4-11 in the proceeding by a health care professional group.
4-12 Sec. 156.007. COST OF PROCEEDING. (a) The health care
4-13 professional group that seeks the enactment of health care
4-14 profession draft legislation shall pay the costs of the mediator.
4-15 (b) A party shall pay for any costs it incurs in preparing
4-16 for and participating in the alternative dispute resolution
4-17 proceeding, including costs for experts.
4-18 Sec. 156.008. INVOLVEMENT OF ALL AFFECTED HEALTH CARE
4-19 PROFESSIONS. The mediator shall assure that all health care
4-20 professional groups of the health care professions affected by the
4-21 health care profession draft legislation that is the subject of the
4-22 alternative dispute resolution proceeding have been notified of and
4-23 invited to participate in the proceeding.
4-24 Sec. 156.009. ISSUES FOR RESOLUTION. The alternative dispute
4-25 resolution proceeding shall consider, in relation to the health
4-26 care profession draft legislation, the following issues:
4-27 (1) a definition of the problem and why legislation is
5-1 necessary to address the problem;
5-2 (2) the benefit to the public;
5-3 (3) any harm to the public;
5-4 (4) the extent to which the public can be confident
5-5 that the health care professionals whose practice will change as a
5-6 result of the enactment of the draft legislation will be competent,
5-7 including evidence that, in relation to the change or clarification
5-8 in scope of practice:
5-9 (A) the regulatory authority of each affected
5-10 health profession will adequately protect the public;
5-11 (B) effective quality assurance standards exist
5-12 in each health care profession affected; and
5-13 (C) educational programs for health care
5-14 professionals will be available and adequate;
5-15 (5) the extent to which the draft legislation may:
5-16 (A) restrict entry into practice; and
5-17 (B) require health care professionals from
5-18 outside this state who decide to practice in this state to undergo
5-19 reeducation or new training;
5-20 (6) any cost to this state and to the public of the
5-21 enactment of the draft legislation; and
5-22 (7) any objections that health care professionals
5-23 affected by the draft legislation have raised and the validity of
5-24 those objections.
5-25 Sec. 156.010. REPORT ON COMPLETION OF ALTERNATIVE DISPUTE
5-26 RESOLUTION PROCEEDING. (a) The mediator shall, after the
5-27 conclusion of the alternative dispute resolution proceeding,
6-1 prepare a report.
6-2 (b) The report must:
6-3 (1) present the mediator's findings and conclusions in
6-4 relation to the issues listed under Section 156.009;
6-5 (2) summarize the position of each of the parties in
6-6 relation to the mediator's findings and conclusions on each issue;
6-7 (3) indicate those areas in which all parties agreed;
6-8 and
6-9 (4) include any comments submitted by a party in
6-10 relation to each issue.
6-11 (c) The mediator shall send the report to:
6-12 (1) the parties;
6-13 (2) the lieutenant governor;
6-14 (3) the speaker of the house of representatives; and
6-15 (4) the chairs of the committees in the senate and the
6-16 house of representatives whose jurisdiction relates to change or
6-17 clarification sought by the health care profession draft
6-18 legislation.
6-19 Sec. 156.011. STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a)
6-20 On or after the 60th day after the date the mediator sends its
6-21 report under Section 156.010, the following persons may request
6-22 that the State Office of Administrative Hearings conduct a hearing
6-23 or an alternative dispute resolution procedure relating to the
6-24 health care profession draft legislation that is the subject of the
6-25 report:
6-26 (1) the lieutenant governor;
6-27 (2) the speaker of the house of representatives; or
7-1 (3) the chairs of the committees in the senate and the
7-2 house of representatives whose jurisdiction relates to change or
7-3 clarification sought by the health care profession draft
7-4 legislation.
7-5 (b) The person making the request shall, in consultation
7-6 with the State Office of Administrative Hearings and the parties to
7-7 the original alternative dispute resolution procedure, determine
7-8 the nature of the proceeding that the office will conduct.
7-9 (c) The hearing or alternative dispute resolution proceeding
7-10 shall consider, in relation to the health care profession draft
7-11 legislation, the issues under Section 156.009.
7-12 (d) The mediator shall prepare and submit a report in the
7-13 same manner as provided by Section 156.010.
7-14 (e) A party to the hearing or alternative dispute resolution
7-15 shall pay for any costs it incurs in preparing for and
7-16 participating in the hearing or alternative dispute resolution
7-17 proceeding, including costs for experts.
7-18 SECTION 2. (a) This Act takes effect September 1, 2001.
7-19 (b) This Act applies to a proposal for legislation to change
7-20 or clarify the permissible scope of practice of a health care
7-21 profession to which Chapter 156, Civil Practice and Remedies Code,
7-22 as added by this Act, applies without regard to whether the
7-23 proposal has previously been considered in any manner by the
7-24 legislature.