By: Hardcastle, Christian, Hughes H.B. No. 1877
(Senate Sponsor - Madla)
(In the Senate - Received from the House May 1, 2003;
May 6, 2003, read first time and referred to Committee on
Intergovernmental Relations; May 16, 2003, reported favorably by
the following vote: Yeas 4, Nays 0; May 16, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to creating the rural physician relief program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 487, Government Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. RURAL PHYSICIAN RELIEF PROGRAM
Sec. 487.601. DEFINITIONS. In this subchapter:
(1) "Physician" means a person licensed to practice
medicine in this state under Subtitle B, Title 3, Occupations Code.
(2) "Relief services" means the temporary coverage of
a physician's practice by another physician for a predetermined
time during the physician's absence and before the physician's
return.
(3) "Rural" means:
(A) a community located in a county with a
population not greater than 50,000;
(B) an area designated under state or federal law
as:
(i) a health professional shortage area; or
(ii) a medically underserved area; or
(C) a medically underserved community designated
by the office.
Sec. 487.602. RURAL PHYSICIAN RELIEF PROGRAM. The office
shall create a program to provide affordable relief services to
rural physicians practicing in the fields of general family
medicine, general internal medicine, and general pediatrics to
facilitate the ability of those physicians to take time away from
their practice.
Sec. 487.603. FEES. (a) The office shall charge a fee for
rural physicians to participate in the program.
(b) The fees collected under this section shall be deposited
in a special account in the general revenue fund that may be
appropriated only to the office for administration of this
subchapter.
Sec. 487.604. FUNDING. The office may solicit and accept
gifts, grants, donations, and contributions to support the program.
Sec. 487.605. RELIEF PHYSICIAN'S EXPENSES. The office
shall pay a physician providing relief under the program using fees
collected by the center.
Sec. 487.606. PRIORITY ASSIGNMENT OF RELIEF PHYSICIANS.
(a) The office shall assign physicians to provide relief to a rural
area in accordance with the following priorities:
(1) solo practitioners;
(2) counties that have fewer than seven residents per
square mile;
(3) counties that have been designated under federal
law as a health professional shortage area;
(4) counties that do not have a hospital; and
(5) counties that have a hospital but do not have a
continuously staffed hospital emergency room.
(b) In determining where to assign relief physicians, the
office shall consider the number of physicians in the area
available to provide relief services and the distance in that area
to the nearest physician who practices in the same specialty.
(c) At the request of the office, residency program
directors may assist the office in coordinating the assignment of
relief physicians.
Sec. 487.607. RELIEF PHYSICIAN RECRUITMENT. The office
shall actively recruit physicians to participate in the program as
relief physicians. The office shall concentrate on recruiting
physicians involved in an accredited residency program in general
pediatrics, general internal medicine, and general family
medicine, physicians registered on the office's locum tenens
registry, physicians employed at a medical school, and physicians
working for private locum tenens groups.
Sec. 487.608. ADVISORY COMMITTEE. (a) The rural physician
relief advisory committee is composed of the following members
appointed by the executive committee:
(1) a physician who practices in the area of general
family medicine in a rural county;
(2) a physician who practices in the area of general
internal medicine in a rural county;
(3) a physician who practices in the area of general
pediatrics in a rural county;
(4) a representative from an accredited Texas medical
school;
(5) a program director from an accredited primary care
residency program;
(6) a representative from the Texas Higher Education
Coordinating Board; and
(7) a representative from the Texas State Board of
Medical Examiners.
(b) The advisory committee shall assist the office in
administering the program.
SECTION 2. Section 487.051, Government Code, is amended to
read as follows:
Sec. 487.051. POWERS AND DUTIES. The office shall:
(1) develop a rural policy for the state in
consultation with local leaders representing all facets of rural
community life, academic and industry experts, and state elected
and appointed officials with interests in rural communities;
(2) work with other state agencies and officials to
improve the results and the cost-effectiveness of state programs
affecting rural communities through coordination of efforts;
(3) develop programs to improve the leadership
capacity of rural community leaders;
(4) monitor developments that have a substantial
effect on rural Texas communities, especially actions of state
government, and compile an annual report describing and evaluating
the condition of rural communities;
(5) administer the federal community development
block grant nonentitlement program;
(6) administer programs supporting rural health care
as provided by this chapter [Subchapters D-H];
(7) perform research to determine the most beneficial
and cost-effective ways to improve the welfare of rural
communities;
(8) ensure that the office qualifies as the state's
office of rural health for the purpose of receiving grants from the
Office of Rural Health Policy of the United States Department of
Health and Human Services under 42 U.S.C. Section 254r; [and]
(9) manage the state's Medicare rural hospital
flexibility program under 42 U.S.C. Section 1395i-4; and
(10) seek state and federal money available for
economic development in rural areas for programs under this
chapter.
SECTION 3. Section 106.026(b), Health and Safety Code, as
added by Section 2, Chapter 1221, Acts of the 77th Legislature,
Regular Session, 2001, is redesignated as Section 487.056(b),
Government Code, and Section 487.056, Government Code, is amended
to read as follows:
Sec. 487.056. REPORT TO LEGISLATURE. (a) Not later than
January 1 of each odd-numbered year, the office shall submit a
biennial report to the legislature regarding the activities of the
office, the activities of the Rural Foundation, and any findings
and recommendations relating to rural issues.
(b) The office [center] shall obtain information from each
county about indigent health care provided in the county and
information from each university, medical school, rural community,
or rural health care provider that has performed a study relating to
rural health care during the biennium. The office [center] shall
include the information obtained under this subsection in the
office's [center's] report to the legislature.
SECTION 4. Subchapter H, Chapter 106, Health and Safety
Code, as added by Section 1, Chapter 831, Acts of the 77th
Legislature, Regular Session, 2001, is redesignated as Subchapter
K, Chapter 487, Government Code, and amended to read as follows:
SUBCHAPTER K [H]. COMMUNITY HEALTHCARE AWARENESS AND MENTORING
PROGRAM FOR STUDENTS
Sec. 487.451 [106.251]. DEFINITIONS. In this subchapter:
(1) "Health care professional" means:
(A) an advanced nurse practitioner;
(B) a dentist;
(C) a dental hygienist;
(D) a laboratory technician;
(E) a licensed vocational nurse;
(F) a licensed professional counselor;
(G) a medical radiological technologist;
(H) an occupational therapist;
(I) a pharmacist;
(J) a physical therapist;
(K) a physician;
(L) a physician assistant;
(M) a psychologist;
(N) a registered nurse;
(O) a social worker;
(P) a speech-language pathologist;
(Q) a veterinarian;
(R) a chiropractor; and
(S) another appropriate health care professional
identified by the executive committee.
(2) "Program" means the community healthcare
awareness and mentoring program for students established under this
subchapter.
(3) "Underserved urban area" means an urban area of
this state with a medically underserved population, as determined
in accordance with criteria adopted by the board by rule,
considering relevant demographic, geographic, and environmental
factors.
Sec. 487.452 [106.252]. COMMUNITY HEALTHCARE AWARENESS AND
MENTORING PROGRAM FOR STUDENTS. (a) The executive committee, in
collaboration with Area Health Education Center Programs, shall
establish a community healthcare awareness and mentoring program
for students to:
(1) identify high school students in rural and
underserved urban areas who are interested in serving those areas
as health care professionals;
(2) identify health care professionals in rural and
underserved urban areas to act as positive role models, mentors, or
reference resources for the interested high school students;
(3) introduce interested high school students to the
spectrum of professional health care careers through activities
such as health care camps and shadowing of health care
professionals;
(4) encourage a continued interest in service as
health care professionals in rural and underserved urban areas by
providing mentors and community resources for students
participating in training or educational programs to become health
care professionals; and
(5) provide continuing community-based support for
students during the period the students are attending training or
educational programs to become health care professionals,
including summer job opportunities and opportunities to mentor high
school students in the community.
(b) In connection with the program, the office [center]
shall establish and maintain an updated medical resource library
that contains information relating to medical careers. The office
[center] shall make the library available to school counselors,
students, and parents of students.
Sec. 487.453 [106.253]. ADMINISTRATION. (a) The office
[center] shall administer or contract for the administration of the
program.
(b) The office [center] may solicit and accept gifts,
grants, donations, and contributions to support the program.
(c) The office [center] may administer the program in
cooperation with other public and private entities.
(d) The office, in consultation with Area Health Education
Center Programs, [center] shall coordinate the program with similar
programs, including programs relating to workforce development,
scholarships for education, and employment of students, that are
administered by other agencies, such as the Texas Workforce
Commission and local workforce development boards.
Sec. 487.454 [106.254]. GRANTS; ELIGIBILITY. (a) Subject
to available funds, the executive committee shall develop and
implement, as a component of the program, a grant program to support
employment opportunities in rural and underserved urban areas in
this state for students participating in training or educational
programs to become health care professionals.
(b) In awarding grants under the program, the executive
committee shall give first priority to grants to training or
educational programs that provide internships to students.
(c) To be eligible to receive a grant under the grant
program, a person must:
(1) apply for the grant on a form adopted by the
executive committee;
(2) be enrolled or intend to be enrolled in a training
or educational program to become a health care professional;
(3) commit to practice or work, after licensure as a
health care professional, for at least one year as a health care
professional in a rural or underserved urban area in this state; and
(4) comply fully with any practice or requirements
associated with any scholarship, loan, or other similar benefit
received by the student.
(d) As a condition of receiving a grant under the program
the student must agree to repay the amount of the grant, plus a
penalty in an amount established by rule of the executive committee
not to exceed two times the amount of the grant, if the student
becomes licensed as a health care professional and fails to
practice or work for at least one year as a health care professional
in a rural or underserved urban area in this state.
SECTION 5. Subchapter H, Chapter 106, Health and Safety
Code, as added by Section 1, Chapter 1112, Acts of the 77th
Legislature, Regular Session, 2001, is redesignated as Subchapter
L, Chapter 487, Government Code, and amended to read as follows:
SUBCHAPTER L [H]. RURAL PHYSICIAN RECRUITMENT PROGRAM
Sec. 487.501 [106.251]. DEFINITIONS. In this subchapter:
(1) "Rural community" means a rural area as defined by
the office [center].
(2) "Medical school" has the meaning assigned by
Section 61.501, Education Code.
Sec. 487.502 [106.252]. GIFTS AND GRANTS. The office
[center] may accept gifts, grants, and donations to support the
rural physician recruitment program.
Sec. 487.503 [106.253]. RURAL PHYSICIAN RECRUITMENT
PROGRAM. (a) The office [center] shall establish a process in
consultation with the Texas Higher Education Coordinating Board for
selecting [a] Texas medical schools [school] to recruit students
from rural communities and encourage them to return to rural
communities to practice medicine.
(b) The Texas medical schools [school] selected [by the
center] shall:
(1) encourage high school and college students from
rural communities to pursue a career in medicine;
(2) develop a screening process to identify rural
students most likely to pursue a career in medicine;
(3) establish a rural medicine curriculum;
(4) establish a mentoring program for rural students;
(5) provide rural students with information about
financial aid resources available for postsecondary education; and
(6) establish a rural practice incentive program.
SECTION 6. Subchapter H, Chapter 106, Health and Safety
Code, as added by Section 2, Chapter 435, Acts of the 77th
Legislature, Regular Session, 2001, is redesignated as Subchapter
M, Chapter 487, Government Code, and amended to read as follows:
SUBCHAPTER M [H]. RURAL COMMUNITIES HEALTH CARE INVESTMENT
PROGRAM
Sec. 487.551 [106.301]. DEFINITIONS. In this subchapter:
(1) "Health professional" means a person other than a
physician who holds a license, certificate, registration, permit,
or other form of authorization required by law or a state agency
rule that must be obtained by an individual to practice in a health
care profession.
(2) "Medically underserved community" means a
community that:
(A) is located in a county with a population of
50,000 or less;
(B) has been designated under state or federal
law as:
(i) a health professional shortage area; or
(ii) a medically underserved area; or
(C) has been designated as a medically
underserved community by the office [center].
Sec. 487.552 [106.302]. ADVISORY PANEL. The office
[center] shall appoint an advisory panel to assist in the office's
[center's] duties under this subchapter. The advisory panel must
consist of at least:
(1) one representative from the Texas Higher Education
Coordinating Board;
(2) one representative from the institutions of higher
education having degree programs for the health professions
participating in the programs under this subchapter;
(3) one representative from a hospital in a medically
underserved community;
(4) one physician practicing in a medically
underserved community;
(5) one health professional, other than a physician,
practicing in a medically underserved community; and
(6) one public representative who resides in a
medically underserved community.
Sec. 487.553 [106.303]. LOAN REIMBURSEMENT PROGRAM. The
executive committee shall establish a program in the office
[center] to assist communities in recruiting health professionals
to practice in medically underserved communities by providing loan
reimbursement for health professionals who serve in those
communities.
Sec. 487.554 [106.304]. STIPEND PROGRAM. (a) The
executive committee shall establish a program in the office
[center] to assist communities in recruiting health professionals
to practice in medically underserved communities by providing a
stipend to health professionals who agree to serve in those
communities.
(b) A stipend awarded under this section shall be paid in
periodic installments.
(c) A health professional who participates in the program
established under this section must establish an office and
residency in the medically underserved area before receiving any
portion of the stipend.
Sec. 487.555 [106.305]. CONTRACT REQUIRED. (a) A health
professional may receive assistance under this subchapter only if
the health professional signs a contract agreeing to provide health
care services in a medically underserved community.
(b) A student in a degree program preparing to become a
health professional may contract with the office [center] for the
loan reimbursement program under Section 487.553 [106.303] before
obtaining the license required to become a health professional.
(c) The office [center] may contract with a health
professional for part-time services under the stipend program
established under Section 487.554 [106.304].
(d) A health professional who participates in any loan
reimbursement program is not eligible for a stipend under Section
487.554 [106.304].
(e) A contract under this section must provide that a health
professional who does not provide the required services to the
community or provides those services for less than the required
time is personally liable to the state for:
(1) the total amount of assistance the health
professional received from the office [center] and the medically
underserved community;
(2) interest on the amount under Subdivision (1) at a
rate set by the executive committee;
(3) the state's reasonable expenses incurred in
obtaining payment, including reasonable attorney's fees; and
(4) a penalty as established by the executive
committee by rule to help ensure compliance with the contract.
(f) Amounts recovered under Subsection (e) shall be
deposited in the permanent endowment fund for the rural communities
health care investment program under Section 487.558 [106.308].
Sec. 487.556 [106.306]. POWERS AND DUTIES OF OFFICE
[CENTER]. (a) The executive committee shall adopt rules necessary
for the administration of this subchapter, including guidelines
for:
(1) developing contracts under which loan
reimbursement or stipend recipients provide services to qualifying
communities;
(2) identifying the duties of the state, state agency,
loan reimbursement or stipend recipient, and medically underserved
community under the loan reimbursement or stipend contract;
(3) determining a rate of interest to be charged under
Section 487.555(e)(2) [106.305(e)(2)];
(4) ensuring that a loan reimbursement or stipend
recipient provides access to health services to participants in
government-funded health benefits programs in qualifying
communities;
(5) encouraging the use of telecommunications or
telemedicine, as appropriate;
(6) prioritizing the provision of loan reimbursements
and stipends to health professionals who are not eligible for any
other state loan forgiveness, loan repayment, or stipend program;
(7) prioritizing the provision of loan reimbursements
and stipends to health professionals who are graduates of health
professional degree programs in this state;
(8) encouraging a medically underserved community
served by a loan reimbursement or stipend recipient to contribute
to the cost of the loan reimbursement or stipend when making a
contribution is feasible; and
(9) requiring a medically underserved community
served by a loan reimbursement or stipend recipient to assist the
office [center] in contracting with the loan reimbursement or
stipend recipient who will serve that community.
(b) The executive committee by rule may designate areas of
the state as medically underserved communities.
(c) The executive committee shall make reasonable efforts
to contract with health professionals from a variety of different
health professions.
Sec. 487.557 [106.307]. USE OF TELECOMMUNICATION AND
TELEMEDICINE. A health professional who participates in a program
under this subchapter may not use telecommunication technology,
including telemedicine, as the sole or primary method of providing
services and may not use telecommunication technology as a
substitute for providing health care services in person. A health
professional who participates in a program under this subchapter
may use telecommunication technology only to supplement or enhance
the health care services provided by the health professional.
Sec. 487.558 [106.308]. PERMANENT ENDOWMENT FUND. (a) The
permanent endowment fund for the rural communities health care
investment program is a special fund in the treasury outside the
general revenue fund.
(b) The fund is composed of:
(1) money transferred to the fund at the direction of
the legislature;
(2) gifts and grants contributed to the fund;
(3) the returns received from investment of money in
the fund; and
(4) amounts recovered under Section 487.555(e)
[106.305(e)].
Sec. 487.559 [106.309]. ADMINISTRATION AND USE OF FUND.
(a) The office [center] may administer the permanent endowment
fund for the rural communities health care investment program. If
the office [center] elects not to administer the fund, the
comptroller shall administer the fund.
(b) The administrator of the fund shall invest the fund in a
manner intended to preserve the purchasing power of the fund's
assets and the fund's annual distributions. The administrator may
acquire, exchange, sell, supervise, manage, or retain, through
procedures and subject to restrictions the administrator considers
appropriate, any kind of investment of the fund's assets that
prudent investors, exercising reasonable care, skill, and caution,
would acquire or retain in light of the purposes, terms,
distribution requirements, and other circumstances of the fund then
prevailing, taking into consideration the investment of all the
assets of the fund rather than a single investment.
(c) The comptroller or the office [center] may solicit and
accept gifts and grants to the fund.
(d) Annual distributions for the fund shall be determined by
the investment and distribution policy adopted by the administrator
of the fund for the fund's assets.
(e) Except as provided by Subsection (f), money in the fund
may not be used for any purpose.
(f) The amount available for distribution from the fund,
including any gift or grant, may be appropriated only for providing
stipends and loan reimbursement under the programs authorized by
this subchapter and to pay the expenses of managing the fund. The
expenditure of a gift or grant is subject to any limitation or
requirement placed on the gift or grant by the donor or granting
entity.
(g) Sections 403.095 and 404.071, Government Code, do not
apply to the fund. Section 404.094(d), Government Code, applies to
the fund.
Sec. 487.560 [106.310]. REPORTING REQUIREMENT. The office
[center] shall provide a report on the permanent endowment fund for
the rural communities health care investment program to the
Legislative Budget Board not later than November 1 of each year. The
report must include the total amount of money the office [center]
received from the fund, the purpose for which the money was used,
and any additional information that may be requested by the
Legislative Budget Board.
SECTION 7. Section 38.011(j), Education Code, as added by
Section 1, Chapter 1418, Acts of the 76th Legislature, Regular
Session, 1999, as amended by Section 4, Chapter 1424, Acts of the
77th Legislature, Regular Session, 2001, and as amended and
redesignated as Section 38.060(a), Education Code, by Section
4.005, Chapter 1420, Acts of the 77th Legislature, Regular Session,
2001, is reenacted to read as follows:
(a) This section applies only to a school-based health
center serving an area that:
(1) is located in a county with a population not
greater than 50,000; or
(2) has been designated under state or federal law as:
(A) a health professional shortage area;
(B) a medically underserved area; or
(C) a medically underserved community by the
Office of Rural Community Affairs.
SECTION 8. Section 61.0899, Education Code, is amended to
read as follows:
Sec. 61.0899. ASSISTANCE IN CERTAIN RURAL HEALTH CARE LOAN
REIMBURSEMENT AND STIPEND PROGRAMS. The board shall, in
cooperation with the Office of Rural Community Affairs [Center for
Rural Health Initiatives] and the office's [center's] advisory
panel established under Section 487.552 [106.302], Government
[Health and Safety] Code, ensure that the board seeks to obtain the
maximum amount of funds from any source, including federal funds,
to support programs to provide student loan reimbursement or
stipends for graduates of degree programs in this state who
practice or agree to practice in a medically underserved community.
SECTION 9. Section 110.001, Health and Safety Code, as
added by Chapter 1221, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
Sec. 110.001. CREATION OF FOUNDATION. (a) The Office of
Rural Community Affairs [Center for Rural Health Initiatives] shall
establish the Rural Foundation as a nonprofit corporation that
complies with the Texas Non-Profit Corporation Act (Article
1396-1.01 et seq., Vernon's Texas Civil Statutes), except as
otherwise provided by this chapter, and qualifies as an
organization exempt from federal income tax under Section
501(c)(3), Internal Revenue Code of 1986, as amended.
(b) The Office of Rural Community Affairs [Center for Rural
Health Initiatives] shall ensure that the Rural Foundation operates
independently of any state agency or political subdivision of the
state.
SECTION 10. Section 110.002(c), Health and Safety Code, as
added by Chapter 1221, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(c) The Rural Foundation shall develop and implement
policies and procedures that clearly separate the responsibilities
and activities of the foundation from the Office of Rural Community
Affairs [Center for Rural Health Initiatives].
SECTION 11. Section 110.003(a), Health and Safety Code, as
added by Chapter 1221, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(a) The Rural Foundation is governed by a board of five
directors appointed by the executive committee of the Office of
Rural Community Affairs [Center for Rural Health Initiatives] from
individuals recommended by the executive director of the Office of
Rural Community Affairs [Center for Rural Health Initiatives].
SECTION 12. Section 110.004(b), Health and Safety Code, as
added by Chapter 1221, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(b) A person may not be a member of the board of directors of
the Rural Foundation and may not be a foundation employee employed
in a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing an
exemption to the overtime provisions of the federal Fair Labor
Standards Act of 1938 (29 U.S.C. Section 201 et seq.), as amended,
if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association that is in the field of
health care or that contracts with the foundation; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association that is in the field of
health care or that contracts with the foundation.
SECTION 13. Section 110.005(c), Health and Safety Code, as
added by Chapter 1221, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(c) If the executive director of the Office of Rural
Community Affairs [Center for Rural Health Initiatives] has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the board of
directors of the Rural Foundation of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board of directors, who shall then notify the governor and the
attorney general that a potential ground for removal exists.
SECTION 14. Section 110.010, Health and Safety Code, as
added by Chapter 1221, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
Sec. 110.010. MEMORANDUM OF UNDERSTANDING. The Rural
Foundation and the Office of Rural Community Affairs [Center for
Rural Health Initiatives] shall enter into a memorandum of
understanding that:
(1) requires the board of directors and staff of the
foundation to report to the executive director and executive
committee of the Office of Rural Community Affairs [Center for
Rural Health Initiatives];
(2) allows the Office of Rural Community Affairs
[Center for Rural Health Initiatives] to provide staff functions to
the foundation;
(3) allows the Office of Rural Community Affairs
[Center for Rural Health Initiatives] to expend funds on the
foundation; and
(4) outlines the financial contributions to be made to
the foundation from funds obtained from grants and other sources.
SECTION 15. Section 110.011(a), Health and Safety Code, as
added by Chapter 1221, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(a) The Rural Foundation shall maintain financial records
and reports independently from those of the Office of Rural
Community Affairs [Center for Rural Health Initiatives].
SECTION 16. Section 110.012, Health and Safety Code, as
added by Chapter 1221, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
Sec. 110.012. REPORT TO OFFICE OF RURAL COMMUNITY
AFFAIRS [CENTER FOR RURAL HEALTH INITIATIVES]. Not later than the
60th day after the last day of the fiscal year, the Rural Foundation
shall submit to the Office of Rural Community Affairs [Center for
Rural Health Initiatives] a report itemizing all income and
expenditures and describing all activities of the foundation during
the preceding fiscal year.
SECTION 17. Section 155.1025(a), Occupations Code, is
amended to read as follows:
(a) The board shall adopt rules for expediting any
application for a license under this subtitle made by a person who
is licensed to practice medicine in another state or country and who
submits an affidavit with the application stating that:
(1) the applicant intends to practice in a rural
community, as determined by the Office of Rural Community Affairs
[Center for Rural Health Initiatives]; or
(2) the applicant intends to:
(A) accept employment with an entity located in a
medically underserved area or health professional shortage area,
designated by the United States Department of Health and Human
Services, and affiliated with or participating in a public
university-sponsored graduate medical education program;
(B) serve on the faculty of the public
university-sponsored graduate medical education program; and
(C) engage in the practice of medicine and
teaching in a specialty field of medicine that is necessary to
obtain or maintain the accreditation of the public
university-sponsored graduate medical education program by the
Accreditation Council for Graduate Medical Education.
SECTION 18. Section 531.02172, Government Code, as amended
by Chapters 661 and 959, Acts of the 77th Legislature, Regular
Session, 2001, is reenacted and amended to read as follows:
Sec. 531.02172. TELEMEDICINE ADVISORY COMMITTEE. (a) The
commissioner shall establish an advisory committee to assist the
commission in:
(1) evaluating policies for telemedical consultations
under Section 531.0217;
(2) evaluating policies for telemedicine medical
services or telehealth services pilot programs established under
Section 531.02171;
(3) ensuring the efficient and consistent development
and use of telecommunication technology for telemedical
consultations and telemedicine medical services or telehealth
services reimbursed under government-funded health programs;
(4) monitoring the type of programs receiving
reimbursement under Sections 531.0217 and 531.02171; and
(5) coordinating the activities of state agencies
concerned with the use of telemedical consultations and
telemedicine medical services or telehealth services.
(b) The advisory committee must include:
(1) representatives of health and human services
agencies and other state agencies concerned with the use of
telemedical consultations in the Medicaid program and the state
child health plan program, including representatives of:
(A) the commission;
(B) the Texas Department of Health;
(C) the Office of Rural Community Affairs [Center
for Rural Health Initiatives];
(D) the Telecommunications Infrastructure Fund
Board;
(E) the Texas Department of Insurance;
(F) the Texas State Board of Medical Examiners;
(G) the Board of Nurse Examiners; and
(H) the Texas State Board of Pharmacy;
(2) representatives of health science centers in this
state;
(3) experts on telemedicine, telemedical
consultation, and telemedicine medical services or telehealth
services; and
(4) representatives of consumers of health services
provided through telemedical consultations and telemedicine
medical services or telehealth services.
(c) A member of the advisory committee serves at the will of
the commissioner.
SECTION 19. The following provisions are repealed:
(1) Section 106.025(a), Health and Safety Code, as
amended by Section 1, Chapter 435, Acts of the 77th Legislature,
Regular Session, 2001;
(2) Section 106.029, Health and Safety Code, as added
by Section 1, Chapter 1113, Acts of the 77th Legislature, Regular
Session, 2001; and
(3) Section 106.043(b), Health and Safety Code, as
amended by Section 10, Chapter 874, Acts of the 77th Legislature,
Regular Session, 2001.
SECTION 20. This Act takes effect September 1, 2003.
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