SRC-VRA H.B. 2985 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2985
By: Capelo (Nelson)
Health & Human Services
5/19/2003
Engrossed


DIGEST AND PURPOSE 

There is a growing concern that the public has limited knowledge about
navigating the complaint and appeals processes at various state health
licensing boards.   Newspaper articles in the past year have highlighted
the need for public assistance when pursuing a complaint at a health
licensing board.  

An interim study on disciplinary actions taken by these boards was
undertaken by the House Committee on Public Health.  Additionally,
members of the House Appropriations Committee and the Senate Finance
Committee have expressed a growing interest in ensuring that members of
the public have assistance when filing a compliant with a health licensing
board. 

H.B. 2895 establishes the office of patient protection within the Health
Professions Council.  The mission of the office is to provide the public
with assistance and information regarding healthcare complaint processes. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 101, Occupations Code, by adding Subchapter G,
as follows: 

SUBCHAPTER G.  OFFICE OF PATIENT PROTECTION

Sec. 101.301.  GENERAL PROVISIONS.  (a)  Defines "consumers as a class,"
"licensing agency," and "office." 
 
(b)  Requires the Health Professions Council (council) to establish an
office of patient protection (office) within the council to represent the
interests of consumers in matters before licensing agencies. 

Sec. 101.302.  EXECUTIVE COMMITTEE;  DIRECTOR.  (a) Requires the governor
to appoint an executive committee consisting of at least three members who
are public members of the governing bodies of licensing agencies.
Requires the executive committee to appoint a director for the office.
Requires the director to be responsible for administering the provisions
of this subchapter. 

(b)  Prohibits the director from being a certain individual.
 
Sec. 101.303.  ADMINISTRATIVE ATTACHMENT TO COUNCIL; REIMBURSEMENT.
Provides that the office is located in the council but may not interfere
with the other duties of the council.  Requires the office to reimburse
the council from fees received by the office under Section 101.307 for
administrative costs incurred by the council in providing administrative
support for the office. 

Sec. 101.304.  PUBLIC INFORMATION PROVIDED BY OFFICE; STANDARD  COMPLAINT
FORM.  (a)  Requires the office to provide to the public information about
the complaint process at each licensing agency. 

(b)  Requires the office to conduct a public awareness campaign to
increase awareness of the telephone complaint system under Subchapter B. 

(c)  Provides that through the use of the Internet and other information
and communications media, the office must provide information to the
public in easily understood language regarding the complaint procedures
and sanctions processes used by the licensing agencies. 

(d)  Requires the office, in cooperation with the licensing agencies, to
adopt a standard complaint form that may be used by a member of the public
to file a complaint with a licensing agency.  Requires each licensing
agency to accept the form adopted under this section in addition to any
other form required by the agency. 

Sec.  101.305.  POWERS AND DUTIES OF OFFICE.  (a)  Requires the office to
perform certain tasks. 

(b)  Authorizes the office to perform certain tasks.

(c)  Prohibits the office from appealing an individual complainant's case
before any agency. 

(d)  Provides that the office is entitled to access to certain information.

(e)  Provides that the confidentiality requirements that apply to the
records of a licensing agency and the sanctions for disclosure of
confidential information apply to the office and to information obtained
by the office under Subsection (d). 

Sec. 101.306.  MONITORING OF AGENCIES.  (a)  Requires the office to review
and evaluate rules proposed for adoption by the licensing agencies and
changes made to the statutes that govern the operation of the agencies and
the professions regulated by the agencies. 

(b)  Authorizes the office to report to the legislature and recommend to
licensing agencies changes in agency rules that, in the office's judgment,
would positively affect the interests of consumers. 
 
(c)  Requires the office to recommend changes to the statutes described by
Subsection (a) to the Sunset Advisory Commission during the commission's
review of the relevant licensing agency. 

Sec. 101.307.  FUNDING OF OFFICE.  (a)  Provides that to provide funding
sufficient for the office to exercise the powers and duties prescribed by
this subchapter the initial licensing or registration fee charged by each
licensing agency is increased by $5 and the renewal fee charged by each
licensing agency is increased by $1 for each year for which the license or
registration is renewed. 

(b)  Requires the fee increases authorized under this section to be
collected in the same manner as the assessment under Section 101.006.
Authorizes the council to spend the fees collected under this section only
to fund the activities of the office under this subchapter. 

SECTION 2. (a)  Effective date:  September 1, 2003.

(b)  Requires the council to establish the office of patient protection as
required by this Act not later than January 1, 2004.  Authorizes the
council to establish a  schedule under which the office of patient
protection shall begin to perform the powers and duties prescribed by this
Act on and after the date the office is established. 

(c)  Makes application of the change in law made by this Act by the
enactment of Section 101.307, Occupations Code, prospective to January 1,
2004.