SRC-TJG S.B. 104 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 104
78R1654 JMM-DBy: Nelson
Health and Human Services
2/13/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas State Board of Medical Examiners is charged with
protecting the public health, safety, and welfare through the licensing
and regulation of physicians, acupuncturists, and physician assistants.
S.B. 104, filed as a companion to the Medical Liability Insurance Reform
Act (S.B. 12), includes measures intended to reduce the risk of patient
injury due to medical error.  As proposed, S.B. 104 provides measures
relating to the regulation and enforcement of the practice of medicine by
the Texas State Board of Medical Examiners (board). 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of
Medical Examiners in SECTION 3 (Section 164.057, Occupations Code) and
SECTION 4 (Section 164.059, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 153A, Occupations Code, by adding Section
153.014, as follows: 

Sec. 153.014.  PHYSICIAN EDUCATION AND ASSISTANCE PROGRAM.  (a) Requires
the Texas State Board of Medical Examiners (board) to establish a
physician education and assistance program to ensure that all physicians
licensed under this subtitle have sufficient knowledge regarding current
medical technology and other developments in the practice of medicine. 

(b) Requires the board, as part of the program established under this
section, to establish a procedure to identify and provide assistance to
physicians who may be at risk of committing medical errors or other acts
of malpractice.  

SECTION 2.  Amends Section 164.051, Occupations Code, by amending
Subsections (a) and (c) and adding Subsection (d), as follows: 

(b) Makes a conforming change referring to Subsection (d).

(c) Makes a conforming change referring to Subsection (d).

(d) Requires the board to revoke a license issued under this subtitle if
the license holder held a license to practice medicine in another state
that has been revoked by the licensing authority in that state. 

SECTION 3.  Amends Section 164.057, Occupations Code, as follows:

Sec. 164.057.  New heading: REQUIRED SUSPENSION OR REVOCATION OF LICENSE
FOR CERTAIN OFFENSES.  Deletes "felony" from the heading. 

 (a) Includes "any other offense that is a violent crime" in the list of
initial convictions which would require the board to suspend a physician's
license.  Makes conforming changes. 

(b) Makes a conforming change.

(c) Requires the board to adopt rules that prescribe the offenses for
which a conviction is considered to be a conviction of a violent crime
under Subsection (a)(1)(B). 

SECTION 4.  Amends Section 164.059, Occupations Code, by adding
Subsections (e) and (f), as follows: 

(e) Requires the board, by rule, to adopt guidelines to assist in
determining whether a license holder's continuation in practice
constitutes a threat to the public welfare for purposes of this section
and Section 164.001(c). 

(f) Requires the board and the State Office of Administrative Hearings to
expedite any informal settlement conference, hearing, or other decision
resulting from a temporary suspension under this section. 

SECTION 5.  (a) Effective date: September 1, 2003.

(b) Requires the board to take certain actions.

(c) Provides that the change in law made by this Act by the amendment of
Section 164.051, Occupations Code, applies to a physician whose license to
practice medicine in another state was revoked on, before, or after the
effective date of this Act. 

(d) Makes application of this Act prospective to January 1, 2004.