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Amend CSSB 104 by adding the following appropriately numbered
SECTION and renumbering the SECTIONS of the bill accordingly:
SECTION _____. Subtitle B, Title 3, Occupations Code, is
amended by adding Chapter 166 to read as follows:
CHAPTER 166. OFFICE OF PATIENT ADVOCATE
Sec. 166.001. ESTABLISHMENT OF OFFICE. The office of patient
advocate is created as an independent office to represent the
interests of consumers who are patients of physicians in this
state.
Sec. 166.002. APPOINTMENT OF ADVOCATE. (a) The governor, with
the advice and consent of the senate, shall appoint a patient
advocate who shall be responsible for carrying out the provisions
of this chapter.
(b) The patient advocate may not:
(1) be licensed to practice medicine;
(2) be financially involved in any organization that is
subject to regulation by the board; or
(3) be a provider of health care.
Sec. 166.003. FUNDING OF OFFICE. To provide funding
sufficient for the office of patient advocate to exercise the
office's powers and duties, the initial registration permit and
renewal of registration permit fees for each physician under this
subtitle are increased by $10. The fees collected under this
section may be used only to fund the activities of the office of
patient advocate.
Sec. 166.004. POWERS AND DUTIES. (a) The office of patient
advocate may:
(1) appear or intervene before the board on behalf of
consumers as a class;
(2) recommend necessary legislative and regulatory
changes; and
(3) appeal a board decision on behalf of consumers as a
class.
(b) The office of patient advocate shall serve as the liaison
between consumer complainants and the board. The office shall
assist a consumer in obtaining information about the status of the
consumer's complaint.
(c) The office of patient advocate is entitled to access to
complaints and board records that are available to any party, other
than board staff, in a proceeding before the board.
(d) The confidentiality requirements that apply to the board
also apply to the office of patient advocate.