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


Senate Research Center   C.S.S.B. 104
78R5849 JMM-DBy: Nelson
Health & Human Services
2/19/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the Texas State Board of Medical Examiners (TSBME) has limited
authority relating to the regulation and enforcement of the practice of
medicine in this state.  C.S.S.B. 104 would grant more authority to TSBME
regarding physicians licenses in this state. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of
Medical Examiners in SECTION 4 ( Section 154.056, Occupations Code),
SECTION 7 (Section 156.001, Occupations Code), SECTION 8 (Section 156.002,
Occupations Code), and SECTION 19 (164.001, Occupations Code) of this
bill.  

Rulemaking authority is modified in SECTION 4 ( Section 154.056,
Occupations Code), SECTION 14 (Section 156.009, Occupations Code), and
SECTION 20(Section 164.003, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 153.051(d), Occupations Code, to increase from
$200 to $400 a first registration permit, from $200 to $400 a renewal of a
registration permit, and from $300 to $600 the processing of an
application and the issuance of a registration for anesthesia in an
outpatient setting, relating to the maximum fee amount the Texas State
Board of Medical Examiners (TSBME) is allowed to set, charge, collect,
receive, or deposit.  Deletes existing text relating to annual fees.
Makes nonsubstantive changes. 

SECTION 2.  Amends Section 153.053, Occupations Code, as follows:

(a) Requires TSBME to collect a certain fee surcharge, rather than an
additional $200, relating to licenses and registration. 

(b) Makes a conforming change relating to the changes in Subsections
(a)(1) and (4). 

(c) Requires TSBME to deposit $100 to the credit of the foundation school
fund and $150 to the credit of the general revenue fund, of each surcharge
collected under Subsections (a)(2) and (3). 

SECTION 3.  Amends Chapter 153B, Occupations Code, by adding Section
153.0535, as follows: 

Sec. 153.0535.  SURCHARGE FOR REGISTRATION PERMIT.  (a) Requires TSBME to
collect an additional $30 surcharge for certain fees relating to
registration permits. 

(b) Requires TSBME to deposit each surcharge collected to the credit of
the public assurance account.  Requires the public assurance account to be
an account in the general revenue fund that is to be appropriated only to
TSBME to pay for TSBME's  enforcement program, including the expert
physician panel. 

SECTION 4.  Amends Section 154.056, Occupations Code, by amending
Subsection (a) and adding Subsection (e), as follows: 

(a) Requires TSBME to adopt rules concerning the investigations and review
of a complaint filed with TSBME.  Includes in the requirements of the
rules adopted under this section, that priority be given to complaints
that involve sexual misconduct, quality of care, and impaired physician
issues; that a letter be sent to the physician who was subject of the
complaint if dismissed; and that a  provision be made for an expert
physician panel authorized under Subsection (e) to assist with complaints
and investigations relating to medical competency. 

(e) Requires TSBME, by rule, to provide for an expert physician panel
appointed by TSBME to assist with complaints and investigations relating
to medical competency.  Requires each member of an expert physician panel
to be licensed to practice medicine in this state.  Requires the rules
adopted under this subsection to include provisions governing the
composition of the panel, qualifications for membership on the panel, and
the duties to be performed by the panel. 

SECTION 5.  Amends Section 154.058, Occupations Code, as follows:

(a)  Requires each complaint against a physician that requires a
determination of medical competency to be reviewed initially by certain
persons with a medical background considered sufficient by TSBME. 

(b) Requires the complaint, if the initial review under Subsection (a)
indicates that an act by a physician falls below an acceptable standard of
care, to be reviewed by an expert physician panel authorized under Section
154.056(e) consisting of physicians who practice in the same specialty as
the physician who is the subject of the complaint or in another specialty
that is similar to the physician's specialty. 

(c) Requires the expert physician panel to report in writing the panel's
determinations based on the review of the complaint under Subsection (b).
Requires the report to specify the standard of care that applies to the
facts that are the basis of the complaint and the clinical basis for the
panel's determinations, including any reliance on peer-reviewed journals,
studies, or reports. 

SECTION 6. Amends the heading to Chapter 156, Occupations Code, to read as
follows: 

CHAPTER 156. REGISTRATION OF PHYSICIANS

SECTION 7.  Amends Section 156.001, Occupations Code, as follows:

Sec. 156.001.  New heading: REGISTRATION REQUIREMENTS AND PROCEDURES. (a)
Requires each person licensed to practice medicine in this state to
register with the board every two years, rather than annually.  Deletes
existing text relating to annual license registration.  Requires the
initial registration permit to be issued with the license and expire on
the first day of the birth month of the license holder. 

(b) Makes a conforming change to delete existing text "annual" relating to
license registration. 

(c) Authorizes an eligible license holder, as determined by TSBME, to
renew the registration permit by submitting to TSBME, on or before the
expiration date of the registration permit, the required renewal
application and registration renewal fee.  Makes conforming changes to
delete existing text "annual" relating to license registration.  Requires
each registration permit renewal application to include certain personal
information relating to the license holder and other necessary information
as prescribed by board rule. 
 
(d) Changes existing term "person" to license holder.  Adds registration
to the term "renewal application."  Makes conforming changes. 

SECTION 8.  Amends Section 156.002, Occupations Code, as follows:

(a) Makes a conforming change to delete existing text "annual" relating to
license registration. 

(b) Provides that a physician licensed by TSBME whose only practice is
voluntary charity care, as defined by board rule, is exempt from the
registration permit fee requirement.  Makes a conforming change to delete
existing text "annual" relating to license registration. 

SECTION 9.  Amends Section 156.003, Occupations Code, to authorize TSBME,
by rule, to adopt a system under which registration permits expire on
various dates during the two-year registration period, rather than the
year.  Makes conforming changes relating to replacing the year with the
registration period and deleting existing text "annual." 

SECTION 10.  Amends Section 156.004, Occupations Code, to require TSBME to
send a, rather than mail and annual, registration permit renewal
application notice to each physician.  Makes a conforming change to delete
existing text annual relating to license registration. 

SECTION 11.  Amends Section 156.005, Occupations Code, as follow:

(a) Makes conforming changes relating to deleting existing text "annual"
and adding the term registration to existing text "renewal application"
and "renewal fee."  Increases a certain penalty fee from $50 to $75. 

(b) Makes conforming changes relating to deleting existing text "annual"
and adding the term registration to existing text "renewal application"
and "renewal fee."  Increases a certain penalty fee from $100 to $150. 

(c) Makes conforming changes relating to the deleting of existing text
"annual."  Sets forth that a person's license is automatically, rather
than considered to have been, canceled if expired for one year or longer. 

(d) Deletes existing text "submitted to reexamination" relating to a
canceled license.  Makes conforming changes replacing existing text
"considered" with "automatically."  Adds new to existing text license
relating to a physician with a canceled license. 

SECTION 12.  Amends Section 156.007, Occupations Code, as follows:

Sec. 156.007.  New heading: ISSUANCE OF REGISTRATION PERMIT.  Deletes
existing text "annual" from heading.  (a) Makes conforming changes to
delete existing text "annual." Requires an eligible physician to meet all
other requirements for registration before TSBME is required to issue a
registration permit.  Deletes existing text "year" and replaces with
"registration period." 

(b) Makes conforming changes.  Includes the requirement that the permit
holder has met the continuing medical education requirements and submitted
a current complete physician profile in the list of requirements for a
permit holder to practice medicine in this state. 

SECTION 13.  Amends Section 156.008, Occupations Code, to make conforming
changes. 

SECTION 14.  Amends Section 156.009, Occupations Code, to delete existing
text relating to requiring TSBME, by rule, to set a time limit for the
period during which a license holder is authorized to remain on inactive
status. 
 
SECTION 15.  Amends Sections 156.051(a) and (d), Occupations Code, as
follows: 

(a) Makes a conforming change. 

(d) Makes a conforming change relating to Section 156.002(a).  Deletes
existing text which states this section does not apply to retire license
holders. 

SECTION 16.  Amends Section 156.052, Occupations Code, to make conforming
and nonsubstantive changes.  Provides that a license holder is presumed to
be in compliance with the requirements of this subchapter if, during the
36 months proceeding the date of the required registration, the license
holder becomes TSBME certified or recertified by a specialty board, rather
than medical board, approved by certain medical entities.  Deletes the
American Medical Association and the Advisory Board for Osteopathic
Specialists and Boards of Certification from the list of medical entities. 

SECTION 17.  Amends Section 156.053, Occupations Code, to make conforming
and nonsubstantive changes. 

SECTION 18.  Amends Section 162.104(a), Occupations Code, to make a
conforming change. 

SECTION 19.  Amends Section 164.001, Occupations Code, by adding
Subsection (f), as follows:   

(f) Requires TSBME, by rule, to adopt a schedule of the disciplinary
sanctions that TSBME is authorized to impose under this subchapter.
Requires TSBME, in adopting the schedule of sanctions, to endure that the
severity of the sanction imposed is appropriate to the type of violation
or conduct that is the basis for disciplinary action. 

SECTION 20.  Amends Section 164.003, Occupations Code, by amending
Subsections (b) and (c) and adding Subsections (e) and (f), as follows: 

(b) Adds two requirements of rules adopted under this section relating to
details of an informal meeting between TSBME and a license holder.
Creates new Subdivision (3).  Redesignates Subdivisions (2) and (3) as (4)
and (5). 

(c) Adds to the list of actions an affected physician is entitled to take
relating to a meeting. 

(e) Requires the information provided by TSBME to the physician to include
the facts of the case as known to TSBME and any expert panel report, for
purposes of Subsections (c)(4), (c)(5), and (c)(6).  Provides that TSBME
is not required under those subsections to provide certain information
relating to an investigation.   

(f) Requires TSBME, if the license holder has previously been the subject
of disciplinary action by TSBME, to schedule the informal meeting as soon
practicable but not later than the deadline prescribed by Subsection
(b)(1). 

SECTION 21. Amends Section 164A, Occupations Code, by adding Section
164.0035, as follows: 

Sec. 164.0035.  DISMISSAL OF BASELESS COMPLAINT.  Requires TSBME, if,
during the 180-day period prescribed by Section 164.003(b)(1), TSBME
determines that the complaint is a baseless or unfounded complaint, to
dismiss the complaint and include a statement in the records of the
complaint that the reason for the dismissal is because the complaint was
baseless or unfounded. 

SECTION 22.  Amends Section 164.004, Occupations Code, by amending
Subsection (a) and adding Subsection (c), as follows: 

 (a) Adds, to the list of actions necessary for certain disciplinary
actions relating to a license to be effective, a statement and explanation
of the standard of care allegedly violated by the license holder; and
provision to the license holder any exculpatory evidence, reports, or
information in the possession or control of TSBME. 

(c) Requires the information provided by TSBME to the physician, for
purposes of Subsection (a), to include the facts of the case as known by
TSBME and any expert physician panel report.  Provides that TSBME is not
required under that subsection to provide certain information relating to
a complaint. 

SECTION 23.  Amends Section 164.010, Occupations Code, by adding
Subsection (c), to require TSBME to immediately investigate a certain
violation or complaint relating to a license holder. 

SECTION 24.  Amends Section 164.011(c), Occupations Code, to include an
injunction to a list of actions which are prohibited from being granted
depending on certain circumstances relating to a license holder. 

SECTION 25.  Amends Section 164.051, Occupations Code, by amending
Subsections (a), and (c), and adding Subsection (d), as follows: 

(a) Includes in the list of reasons TSBME is authorized to refuse to admit
a person to its examination or refuse to issue a license to practice
medicine and is authorized to take disciplinary action against a person,
if that person is placed on deferred adjudication community supervision or
deferred disposition for certain crimes.  Makes a conforming change
relating to Subsection (d). 

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

(d) Requires TSBME 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 26.  Amends Section 164.053(a), Occupations Code, to include acts
which violate federal law in the list of conduct considered unprofessional
or dishonorable by a physician. 

SECTION 27.  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 a misdemeanor under Chapter 22, Penal Code, other than a
misdemeanor punishable by fine only in the list of initial convictions
which would require TSBME to suspend a physician's license.  Makes
conforming and nonsubstantive changes. 

(b) Makes a conforming change.

SECTION 28.  Amends Section 164.059, Occupations Code, as follows:

Sec. 164.059.  New heading: TEMPORARY SUSPENSION OR RESTRICTION OF
LICENSE.  (a) Deletes existing text relating to TSBME approval.  Makes a
conforming change relating to a license being suspended or restricted. 

(b) Requires the disciplinary panel, if the disciplinary panel determines
from the evidence presented to the panel that a person licensed to
practice medicine would, by the person's continuation in unrestricted
practice, constitute a real danger to the health or safety of the
person's patients, to temporarily suspend or restrict the license of that
person.  Deletes existing text relating to information and continuing
threat to the public welfare. 

(c) Authorizes a license to be suspended or restricted by a disciplinary
panel under this section without notice or hearing if certain conditions
apply.  Makes a nonsubstantive change. 

(e) Requires TSBME, if the disciplinary panel affirms the temporary
suspension or restriction of the license holder's license, after the
hearing before the disciplinary panel described by Subsection (c), to
schedule an informal compliance meeting that meets the requirements of
Section 2001.054(c), Government Code (Licenses), and Section 164.004 of
this code to be held as soon as practicable, unless the license holder
waives the informal meeting or an informal meeting has already been held
with regard to the issues that are the basis for the temporary suspension
or restriction. 

(f) Requires a TSBME representative, if the license holder is unable to
show compliance at the informal meeting described by Subsection (e)
regarding the issues that are the basis for the temporary suspension or
restriction, to file a formal complaint under Section 164.005 as soon as
possible. 

(g) Prohibits the facts that were the basis for the temporary suspension
or restriction from being the sole basis of another proceeding to
temporarily suspend or restrict the license holder's license, if, after
the hearing described by Subsection (c), the disciplinary panel does not
temporarily suspend or restrict the license holder's license. 

SECTION 29.  Amends Section 164.060(c), Occupations Code, to include a
violation of the workers' compensation laws under Title 5A, Labor Code,
among the violations TSBME is required to immediately report if
discovered. 

SECTION 30.  (a) Effective date: upon passage or September 1, 2003.

(b) Requires TSBME to adopt rules as required by Section 164.001(f),
Occupations Code, as added by this Act, not later than January 1, 2004. 

(c) Makes application of Section 164.051, Occupations Code, retroactive.

(d) Makes application of Section 164.057, Occupations Code, prospective.

SECTION 31.  (a) Makes application of this Act relating to biennial
registration of physicians under Chapter 156, Occupations Code,
prospective to January 1, 2004. 

(b) Makes the application of Section 156.003, Occupations Code, relating
to TSBME being authorized to adopt a staggered registration system,
prospective to September 1, 2004.   

(c) Requires TSBME to adopt rules required by Chapter 156, Occupations
Code, as amended by this Act, not later than December 1, 2003. 

SECTION 32.  Makes applications of this Act by the enactment of Section
153.0535, Occupations Code, prospective to January 1, 2004. 

SECTION 33.  Makes application of this Act relating to investigation and
disposition of a complaint and any proceeding begun as a result of a
complaint investigation, prospective. 


SUMMARY OF COMMITTEE CHANGES

 Differs from original by adding  SECTIONS 1-24, 26, and 28-33. 

Differs from original in SECTION 25 by adding in the list of reasons TSBME
is authorized to refuse to admit a person to its examination or refuse to
issue a license to practice medicine and is authorized to take
disciplinary action against a person, if that person is placed on deferred
adjudication community supervision or deferred disposition for certain
crimes.   

Differs from the original in SECTION 27 by replacing existing text
referring to any other offense that is a violent crime with a misdemeanor
under Chapter 22, Penal Code, other than a misdemeanor punishable by fine
only.