S.B. 1572 78(R)    BILL ANALYSIS


S.B. 1572
By: Carona
Business & Industry
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
HB 2600 abolished Texas Workers' Compensation Commission's treatment
guidelines and required that any new guidelines adopted be nationally
recognized, scientifically valid and outcome-based. During the interim,
issues were raised involving commonly disputed pharmaceuticals.  The
suggestion was for TWCC to adopt pharmaceutical guidelines.  However,
there are no such nationally recognized pharmaceutical guidelines.  SB
1572 would allow TWCC to adopt guidelines. 

SB 1572 would allow the Texas Workers' Compensation Commission to adopt,
by rule, individual treatment protocols.  If a nationally recognized
treatment protocol or guideline is not available for adoption by the
commission, then the commission is not prevented from adopting a treatment
guideline or protocol as long as it is scientifically valid and
outcome-based.  


RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Workers' Compensation Commission in SECTION 2 of this
bill. 

ANALYSIS

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends the heading to Section 413.011 to include "and
Protocols". 

SECTION 2.  Amends Section 413.011(e), Labor Code, and provides that the
Texas Workers' Compensation Commission to adopt, by rule, individual
treatment protocols. If a nationally recognized treatment protocol or
guideline is not available for adoption by the commission, then the
commission is not prevented from adopting a treatment guideline or
protocol as long as it is scientifically valid and outcome-based.  

  Amends Section 413.011(f), Labor Code, and includes words "and
protocols". 

SECTION 3.  Provides that Act applies only to claim for workers'
compensation benefits based on a compensation benefits based on a
compensable injury that occurs on or after the effective date.  A claim
based on a compensable injury that occurs before the effective date of
this Act is governed by the law in effect on the date that the compensable
injury occurred, and the former law is continued in effect for that
purpose. 

SECTION 4.  Provides for an immediate effective date if it receives a vote
of two-thirds of all members elected to each house or, if not, that the
effective date of the Act is September 1, 2003.   

EFFECTIVE DATE
Immediate effect with 2/3 vote or, failing such a vote, September 1, 2003