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78R5863 JMM-D
By: Nelson, et al. S.B. No. 104
Substitute the following for S.B. No. 104:
By: Laubenberg C.S.S.B. No. 104
A BILL TO BE ENTITLED
AN ACT
relating to the regulation and enforcement of the practice of
medicine by the Texas State Board of Medical Examiners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.051(d), Occupations Code, is amended
to read as follows:
(d) The board may not set, charge, collect, receive, or
deposit any of the following fees in excess of:
(1) $900 for a license;
(2) $400 [$200] for a first [annual] registration
permit;
(3) $200 for a temporary license;
(4) $400 [$200] for renewal of a [an annual]
registration permit;
(5) $200 for a physician-in-training permit;
(6) $600 [$300] for the processing of an application
and the issuance of a [an annual] registration for anesthesia in an
outpatient setting;
(7) $200 for an endorsement to other state medical
boards;
(8) $200 for a duplicate license; or
(9) $700 for a reinstated license after cancellation
for cause.
SECTION 2. Section 153.053, Occupations Code, is amended to
read as follows:
Sec. 153.053. SURCHARGE FOR CERTAIN FEES. (a) The board
shall collect a fee [an additional $200] surcharge as follows [for
each of the following fees]:
(1) $200 for the license fee;
(2) $400 for the first [annual] registration permit;
(3) $400 for renewal of a [annual] registration
permit; and
(4) $200 for reinstatement of a license after
cancellation for cause.
(b) Of each surcharge collected under Subsections (a)(1)
and (4), the board shall deposit $50 to the credit of the foundation
school fund and $150 to the credit of the general revenue fund.
(c) Of each surcharge collected under Subsections (a)(2)
and (3), the board shall deposit $100 to the credit of the
foundation school fund and $150 to the credit of the general revenue
fund.
SECTION 3. Subchapter B, Chapter 153, Occupations Code, is
amended by adding Section 153.0535 to read as follows:
Sec. 153.0535. SURCHARGE FOR REGISTRATION PERMIT. (a) The
board shall collect an additional $30 surcharge for each of the
following fees:
(1) first registration permit; and
(2) renewal of a registration permit.
(b) The board shall deposit each surcharge collected to the
credit of the public assurance account. The public assurance
account is an account in the general revenue fund that shall be
appropriated only to the board to pay for the board's enforcement
program, including the expert physician panel.
SECTION 4. Section 154.056, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) The board shall adopt rules concerning the
investigation and review of a complaint filed with the board. The
rules adopted under this section must:
(1) distinguish among categories of complaints and
give priority to complaints that involve sexual misconduct, quality
of care, and impaired physician issues;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the board be advised of the dismissal
of a complaint and that a letter be sent to the person who filed the
complaint and to the physician who was the subject of the complaint
explaining the action taken on the complaint;
(4) ensure that a person who files a complaint has an
opportunity to explain the allegations made in the complaint;
[and]
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator; and
(6) provide for an expert physician panel authorized
under Subsection (e) to assist with complaints and investigations
relating to medical competency.
(e) The board by rule shall provide for an expert physician
panel appointed by the board to assist with complaints and
investigations relating to medical competency. Each member of an
expert physician panel must be licensed to practice medicine in
this state. The rules adopted under this subsection must 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. Section 154.058, Occupations Code, is amended to
read as follows:
Sec. 154.058. DETERMINATION OF MEDICAL COMPETENCY. (a)
Each complaint against a physician that requires a determination of
medical competency shall be reviewed initially by a board member,
consultant, or employee with a medical background considered
sufficient by the board.
(b) If the initial review under Subsection (a) indicates
that an act by a physician falls below an acceptable standard of
care, the complaint shall 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) The expert physician panel shall report in writing the
panel's determinations based on the review of the complaint under
Subsection (b). The report must 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. The heading to Chapter 156, Occupations Code, is
amended to read as follows:
CHAPTER 156. REGISTRATION OF PHYSICIANS [LICENSE RENEWAL]
SECTION 7. Section 156.001, Occupations Code, is amended to
read as follows:
Sec. 156.001. [ANNUAL] REGISTRATION REQUIREMENTS AND
PROCEDURES [REQUIRED; REGISTRATION PROCEDURE]. (a) Each person
licensed to practice medicine in this state must register with the
board every two years [annually]. The initial [annual]
registration permit shall be issued with the license and expires on
the first day of the birth month of the license holder.
(b) Except as provided by Section 156.002, the application
for registration must be accompanied by a [an annual] registration
permit fee in an amount set by the board regardless of whether the
person is practicing medicine in this state.
(c) A license holder may renew the [annual] registration
permit by submitting to the board, on or before the expiration date
of the [annual] registration permit, the required renewal
application and registration renewal fee. Each [annual]
registration permit renewal application must include:
(1) the license holder's name, [and] mailing address,
and address for receipt of electronic mail;
(2) the primary place [or places] at which the license
holder is engaged in the practice of medicine; and
(3) other necessary information as prescribed by [the]
board rule.
(d) If the license holder [person] is licensed to practice
medicine by another state or country or by the uniformed services of
the United States, the registration renewal application must
include a description of any investigation the license holder
[person] knows is in progress and any sanction imposed by or
disciplinary matter pending in the state, country, or service
regarding the license holder [person].
SECTION 8. Section 156.002, Occupations Code, is amended to
read as follows:
Sec. 156.002. EXEMPTION FOR CERTAIN PHYSICIANS. (a) The
board by rule may exempt a retired physician from the [annual]
registration permit fee requirement.
(b) A physician licensed by the board whose only practice is
voluntary charity care, as defined by board rule, is exempt from the
[annual] registration permit fee requirement.
SECTION 9. Section 156.003, Occupations Code, is amended to
read as follows:
Sec. 156.003. STAGGERED RENEWAL SYSTEM. (a) The board by
rule may adopt a system under which [annual] registration permits
expire on various dates during the two-year registration period
[year].
(b) For the registration period [year] in which the
expiration date is changed, [annual] registration permit fees shall
be prorated. On renewal of the registration on the new expiration
date, the total [annual] registration permit fee is payable.
SECTION 10. Section 156.004, Occupations Code, is amended
to read as follows:
Sec. 156.004. NOTICE OF EXPIRATION. The board shall send a
[mail an annual] registration permit renewal application notice to
each physician at the physician's last known address according to
the board's records at least 30 days before the expiration date of
the [annual] registration permit. The board shall provide for a
30-day grace period for renewing the [annual] registration permit
from the date of the expiration of the permit.
SECTION 11. Section 156.005, Occupations Code, is amended
to read as follows:
Sec. 156.005. RENEWAL OF CERTAIN REGISTRATION PERMITS. (a)
If a person's [annual] registration permit has been expired for 90
days or less, the person may renew the permit by submitting to the
board the required registration renewal application, the
registration renewal fee, and a $75 [$50] penalty fee.
(b) If the person's [annual] registration permit has been
expired for longer than 90 days but less than one year, the person
may renew the permit by submitting to the board the required
registration renewal application, the registration renewal fee,
and a $150 [$100] penalty fee.
(c) If the person's [annual] registration permit has been
expired for one year or longer, the person's license is
automatically [considered to have been] canceled, unless an
investigation is pending, and the person may not renew the [annual]
registration permit.
(d) A physician whose license is automatically [considered]
canceled may obtain a new license by [submitting to reexamination
and] complying with the requirements, fees, and procedures for
obtaining a new license. The board may issue a new license without
examination to a person whose license is automatically [considered]
canceled for less than two years.
SECTION 12. Section 156.007, Occupations Code, is amended
to read as follows:
Sec. 156.007. ISSUANCE OF [ANNUAL] REGISTRATION PERMIT.
(a) On receipt of a registration renewal application and all
required fees, the board, after ascertaining from the records of
the board or from other sources considered reliable by the board
that the applicant is an eligible [a] physician in this state and
meets all other requirements for registration, shall issue to the
applicant a [an annual] registration permit certifying that the
applicant has filed the application, has paid the [annual]
registration permit fee for the registration period [year], and has
completed the requirements for [annual] registration.
(b) The filing of the registration renewal application, the
payment of the required fees, and the issuance of the permit do
[does] not entitle the permit holder to practice medicine in this
state unless:
(1) the permit holder has been previously licensed as
a physician by the board, as prescribed by law; [and]
(2) the license to practice medicine is in effect;
(3) the permit holder has met the continuing medical
education requirements; and
(4) the permit holder has submitted a current complete
physician profile.
SECTION 13. Section 156.008, Occupations Code, is amended
to read as follows:
Sec. 156.008. PRACTICING MEDICINE WITHOUT [ANNUAL]
REGISTRATION PROHIBITED. (a) Practicing medicine after the
expiration of the 30-day grace period under Section 156.004
following expiration of a [an annual] registration permit that has
not been renewed for the current registration period [year] as
provided by this subchapter has the same effect as, and is subject
to all penalties of, practicing medicine without a license.
(b) In a prosecution for the unlawful practice of medicine,
the receipt showing payment of the [annual] registration fee
required by this chapter does not constitute evidence that the
receipt holder is lawfully entitled to practice medicine.
SECTION 14. Section 156.009, Occupations Code, is amended
to read as follows:
Sec. 156.009. INACTIVE STATUS. The board may adopt rules
and set reasonable fees relating to placing license holders on
inactive status. [The board by rule shall set a time limit for the
period during which a license holder may remain on inactive
status.]
SECTION 15. Sections 156.051(a) and (d), Occupations Code,
are amended to read as follows:
(a) The board by rule shall adopt, monitor, and enforce a
reporting program for the continuing medical education of license
holders. The board shall adopt and administer rules that:
(1) establish the number of hours of continuing
medical education the board determines appropriate as a
prerequisite to the [annual] registration of a license under this
subtitle;
(2) require at least one-half of the hours of
continuing medical education established under Subdivision (1) to
be board approved; and
(3) adopt a process to assess a license holder's
participation in continuing medical education courses.
(d) This section does not apply to a license holder who is
[retired and is] exempt by rule from paying the [annual]
registration fee under Section 156.002(a).
SECTION 16. Section 156.052, Occupations Code, is amended
to read as follows:
Sec. 156.052. PRESUMPTION OF COMPLIANCE FOR CERTAIN LICENSE
HOLDERS. A license holder is presumed to be in compliance with the
requirements of this subchapter if, during the 36 months preceding
the date of the required [annual] registration, the license holder
becomes board certified or recertified by [in] a [medical]
specialty board approved by [and that medical specialty program
considers the standards of:
[(1)] the American Board of Medical Specialties[;
[(2) the American Medical Association;
[(3) the Advisory Board for Osteopathic Specialists
and Boards of Certification;] or
[(4)] the American Osteopathic Association Bureau of
Osteopathic Specialists.
SECTION 17. Section 156.053, Occupations Code, is amended
to read as follows:
Sec. 156.053. TEMPORARY EXEMPTION. (a) The board may
temporarily exempt a license holder from the continuing medical
education requirement on the basis of [for]:
(1) catastrophic illness;
(2) military service outside this state for longer
than one year;
(3) medical practice and residence outside the United
States for longer than one year; or
(4) good cause shown on the written application of the
license holder that provides evidence satisfactory to the board
that the license holder is unable to comply with the requirement.
(b) A temporary exemption granted under Subsection (a) may
not exceed one year but may be renewed [annually].
SECTION 18. Section 162.104(a), Occupations Code, is
amended to read as follows:
(a) The board shall require each physician who administers
anesthesia or performs a surgical procedure for which anesthesia
services are provided in an outpatient setting to [annually]
register with the board on a form prescribed by the board and to pay
a fee to the board in an amount established by the board.
SECTION 19. Section 164.001, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) The board by rule shall adopt a schedule of the
disciplinary sanctions that the board may impose under this
subchapter. In adopting the schedule of sanctions, the board shall
ensure 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. Section 164.003, Occupations Code, is amended
by amending Subsections (b) and (c) and adding Subsections (e) and
(f) to read as follows:
(b) Rules adopted under this section must require that:
(1) an informal meeting in compliance with Section
2001.054, Government Code, be scheduled not later than the 180th
day after the date the complaint is filed with the board under
Section 154.051, unless good cause is shown by the board for
scheduling the informal meeting after that date;
(2) the board give notice to the license holder of the
time and place of the meeting not later than the 30th day before the
date the meeting is held;
(3) the complainant and the license holder be provided
an opportunity to be heard;
(4) [(2)] the board's legal counsel or a
representative of the attorney general be present to advise the
board or the board's staff; and
(5) [(3)] a member of the board's staff at the meeting
present to the board's representative the facts the staff
reasonably believes it could prove by competent evidence or
qualified witnesses at a hearing.
(c) An affected physician is entitled to:
(1) reply to the staff's presentation; [and]
(2) present the facts the physician reasonably
believes the physician could prove by competent evidence or
qualified witnesses at a hearing;
(3) be present in person or through an attorney at the
entire meeting with the board's representative, except for
deliberations as to the disposition of the complaint;
(4) receive, with the required notice of the meeting,
a complete copy of any exculpatory evidence, reports, or
information in the possession or control of the board or the board's
staff;
(5) receive, at least 10 days before the date of the
meeting, a complete copy of any information, including reports,
summaries, and clinical records provided to the board's
representative by the board's staff; and
(6) if applicable, a statement and explanation of the
standard of care the physician is alleged to have violated,
including any reports of an expert physician panel and clinical
peer-reviewed information used by the board to establish the
existence of the alleged violation.
(e) For purposes of Subsections (c)(4), (5), and (6), the
information provided by the board to the physician must include the
facts of the case as known to the board and any expert physician
panel report. The board is not required under those subdivisions to
provide the following information:
(1) a board investigative report or memorandum, unless
the report or memorandum contains exculpatory evidence or
information;
(2) the identity of a nontestifying complainant; or
(3) attorney-client communications, attorney work
product, or other materials covered by a privilege recognized by
the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(f) If the license holder has previously been the subject of
disciplinary action by the board, the board shall schedule the
informal meeting as soon as practicable but not later than the
deadline prescribed by Subsection (b)(1).
SECTION 21. Subchapter A, Chapter 164, Occupations Code, is
amended by adding Section 164.0035 to read as follows:
Sec. 164.0035. DISMISSAL OF BASELESS COMPLAINT. If, during
the 180-day period prescribed by Section 164.003(b)(1), the board
determines that the complaint is a baseless or unfounded complaint,
the board shall 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. Section 164.004, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except in the case of a suspension under Section 164.059
or under the terms of an agreement between the board and a license
holder, a revocation, suspension, involuntary modification, or
other disciplinary action relating to a license is not effective
unless, before board proceedings are instituted:
(1) the board gives notice, in a manner consistent
with the notice requirements under Section 154.053, to the affected
license holder of the facts or conduct alleged to warrant the
intended action, including, if appropriate, a statement and
explanation of the standard of care allegedly violated by the
license holder; [and]
(2) the license holder is provided with any
exculpatory evidence, reports, or information in the possession or
control of the board; and
(3) the license holder is given an opportunity to show
compliance with all requirements of law for the retention of the
license, at the license holder's option, either in writing or
through personal appearance at an informal meeting with one or more
representatives of the board.
(c) For purposes of Subsection (a), the information
provided by the board to the physician must include the facts of the
case as known to the board and any expert physician panel report.
The board is not required under that subsection to provide the
following information:
(1) a board investigative report or memorandum, unless
the report or memorandum contains exculpatory evidence or
information;
(2) the identity of a nontestifying complainant; or
(3) attorney-client communications, attorney work
product, or other materials covered by a privilege recognized by
the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
SECTION 23. Section 164.010, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The board shall immediately investigate:
(1) a violation of a disciplinary order by a license
holder described by Subsection (a); or
(2) a complaint filed against a license holder
described by Subsection (a).
SECTION 24. Section 164.011(c), Occupations Code, is
amended to read as follows:
(c) A stay or injunction may not be granted if the license
holder's continued practice presents a danger to the public. A stay
or injunction may not be granted for a term that exceeds 120 days.
SECTION 25. Section 164.051, Occupations Code, is amended
by amending Subsections (a) and (c) and adding Subsection (d) to
read as follows:
(a) The board may refuse to admit a person to its
examination or refuse to issue a license to practice medicine and
may take disciplinary action against a person if the person:
(1) commits an act prohibited under Section 164.052;
(2) is convicted of, or is placed on deferred
adjudication community supervision or deferred disposition for:
(A) a felony; or
(B) a misdemeanor involving moral turpitude;
(3) commits or attempts to commit a direct or indirect
violation of a rule adopted under this subtitle, either as a
principal, accessory, or accomplice;
(4) is unable to practice medicine with reasonable
skill and safety to patients because of:
(A) illness;
(B) drunkenness;
(C) excessive use of drugs, narcotics,
chemicals, or another substance; or
(D) a mental or physical condition;
(5) is found by a court judgment to be of unsound mind;
(6) fails to practice medicine in an acceptable
professional manner consistent with public health and welfare;
(7) is removed, suspended, or is subject to
disciplinary action taken by the person's peers in a local,
regional, state, or national professional medical association or
society, or is disciplined by a licensed hospital or medical staff
of a hospital, including removal, suspension, limitation of
hospital privileges, or other disciplinary action, if the board
finds that the action:
(A) was based on unprofessional conduct or
professional incompetence that was likely to harm the public; and
(B) was appropriate and reasonably supported by
evidence submitted to the board;
(8) is subject to repeated or recurring meritorious
health care liability claims that in the board's opinion evidence
professional incompetence likely to injure the public; or
(9) except as provided by Subsection (d), holds a
license to practice medicine subject to disciplinary action by
another state, or subject to disciplinary action by the uniformed
services of the United States, based on acts by the person that are
prohibited under Section 164.052 or are similar to acts described
by this subsection.
(c) A certified copy of the record of another state that
takes action described by Subsection (a)(9) or (d) is conclusive
evidence of that action.
(d) The board shall 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. Section 164.053(a), Occupations Code, is
amended to read as follows:
(a) For purposes of Section 164.052(a)(5), unprofessional
or dishonorable conduct likely to deceive or defraud the public
includes conduct in which a physician:
(1) commits an act that violates any [the laws of this]
state or federal law if the act is connected with the physician's
practice of medicine;
(2) fails to keep complete and accurate records of
purchases and disposals of:
(A) drugs listed in Chapter 481, Health and
Safety Code; or
(B) controlled substances scheduled in the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. Section 801 et seq.);
(3) writes prescriptions for or dispenses to a person
who:
(A) is known to be an abuser of narcotic drugs,
controlled substances, or dangerous drugs; or
(B) the physician should have known was an abuser
of narcotic drugs, controlled substances, or dangerous drugs;
(4) writes false or fictitious prescriptions for:
(A) dangerous drugs as defined by Chapter 483,
Health and Safety Code; or
(B) controlled substances scheduled in Chapter
481, Health and Safety Code, or the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
(5) prescribes or administers a drug or treatment that
is nontherapeutic in nature or nontherapeutic in the manner the
drug or treatment is administered or prescribed;
(6) prescribes, administers, or dispenses in a manner
inconsistent with public health and welfare:
(A) dangerous drugs as defined by Chapter 483,
Health and Safety Code; or
(B) controlled substances scheduled in Chapter
481, Health and Safety Code, or the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
(7) violates Section 311.0025, Health and Safety Code;
(8) fails to supervise adequately the activities of
those acting under the supervision of the physician; or
(9) delegates professional medical responsibility or
acts to a person if the delegating physician knows or has reason to
know that the person is not qualified by training, experience, or
licensure to perform the responsibility or acts.
SECTION 27. Section 164.057, Occupations Code, is amended
to read as follows:
Sec. 164.057. REQUIRED SUSPENSION OR REVOCATION OF LICENSE
FOR CERTAIN [FELONY] OFFENSES. (a) The board shall suspend a
physician's license on proof that the physician has been:
(1) initially convicted of:
(A) a felony; or
(B) a misdemeanor under Chapter 22, Penal Code,
other than a misdemeanor punishable by fine only; or
(2) subject to an initial finding by the trier of fact
of guilt of a felony under:
(A) [(1)] Chapter 481 or 483, Health and Safety
Code;
(B) [(2)] Section 485.033, Health and Safety
Code; or
(C) [(3)] the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
(b) On final conviction for an offense [a felony] described
by Subsection (a), the board shall revoke the physician's license.
SECTION 28. Section 164.059, Occupations Code, is amended
to read as follows:
Sec. 164.059. TEMPORARY SUSPENSION OR RESTRICTION OF
LICENSE. (a) The president of the board[, with board approval,]
shall appoint a three-member disciplinary panel consisting of board
members to determine whether a person's license to practice
medicine should be temporarily suspended or restricted.
(b) If the disciplinary panel determines from the evidence
[or information] 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 [continuing threat to the public
welfare], the disciplinary panel shall temporarily suspend or
restrict the license of that person.
(c) A license may be suspended or restricted by a
disciplinary panel under this section without notice or hearing [on
the complaint] if:
(1) the board immediately provides notice of the
suspension or restriction to the license holder;
(2) [institution of proceedings for] a hearing on the
temporary suspension or restriction before a disciplinary panel of
the board is scheduled for a date not sooner than the 14th day after
the date of the notice of [initiated simultaneously with] the
temporary suspension or restriction; and
(3) the license holder receives at least 10 days'
notice before the date of the hearing on the suspension or
restriction [(2) a hearing is held under Chapter 2001, Government
Code, and this subtitle as soon as possible].
(d) Notwithstanding Chapter 551, Government Code, the
disciplinary panel may hold a meeting by telephone conference call
if immediate action is required and convening of the panel at one
location is inconvenient for any member of the disciplinary panel.
(e) After the hearing before the disciplinary panel
described by Subsection (c), if the disciplinary panel affirms the
temporary suspension or restriction of the license holder's
license, the board shall schedule an informal compliance meeting
that meets the requirements of Section 2001.054(c), Government
Code, 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) If the license holder is unable to show compliance at
the informal meeting described by Subsection (e) regarding the
the informal meeting described by Subsection (e) regarding the
issues that are the basis for the temporary suspension or
restriction, a board representative shall file a formal complaint
under Section 164.005 as soon as practicable.
(g) If, after the hearing described by Subsection (c), the
disciplinary panel does not temporarily suspend or restrict the
license holder's license, the facts that were the basis for the
temporary suspension or restriction may not be the sole basis of
another proceeding to temporarily suspend or restrict the license
holder's license. The board may use those same facts in a
subsequent investigation to obtain new information that may be the
basis for the temporary suspension or restriction of the license
holder's license. For purposes of this subsection, facts that are
the basis for the temporary suspension or restriction of a license
holder's license include facts presented to the disciplinary panel
and facts known to the board or a representative of the board at the
time evidence was presented to the disciplinary panel.
SECTION 29. Section 164.060(c), Occupations Code, is
amended to read as follows:
(c) If the board, during its review of a complaint against a
physician, discovers an act or omission that may constitute a
felony, a misdemeanor involving moral turpitude, a violation of
state or federal narcotics or controlled substance laws, [or] an
offense involving fraud or abuse under the Medicare or Medicaid
programs, or a violation of the workers' compensation laws under
Subtitle A, Title 5, Labor Code, the board shall immediately report
that act or omission to the appropriate prosecuting authority.
SECTION 30. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
(b) The Texas State Board of Medical Examiners shall adopt
rules required by Section 164.001(f), Occupations Code, as added by
this Act, not later than January 1, 2004.
(c) 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) The change in law made by this Act by the amendment of
Section 164.057, Occupations Code, applies only to a person who is
initially convicted of an offense on or after the effective date of
this Act. A person initially convicted of an offense before that
date is governed by the law in effect on the date the conviction
occurred, and the former law is continued in effect for that
purpose.
SECTION 31. (a) The changes in law made by this Act
relating to the biennial registration of physicians apply to a
person who files with the Texas State Board of Medical Examiners an
application for registration under Chapter 156, Occupations Code,
as amended by this Act, on or after January 1, 2004. A person who
files an application before that date is governed by the law in
effect on the date the application was filed, and the former law is
continued in effect for that purpose.
(b) The Texas State Board of Medical Examiners may adopt a
staggered registration system as provided by Section 156.003,
Occupations Code, as amended by this Act, on or after September 1,
2004.
(c) The Texas State Board of Medical Examiners shall adopt
the rules required by Chapter 156, Occupations Code, as amended by
this Act, not later than December 1, 2003.
SECTION 32. The change in law made by this Act by the
enactment of Section 153.0535, Occupations Code, applies to a
registration permit fee that becomes due on or after January 1,
2004. A registration permit fee that becomes due before that date
is governed by the law in effect on the date the fee became due, and
the former law is continued in effect for that purpose.
SECTION 33. The change in law made by this Act relating to
the investigation and disposition of a complaint and any proceeding
begun as a result of a complaint investigation applies only to a
complaint filed with the Texas State Board of Medical Examiners on
or after the effective date of this Act. A complaint filed before
the effective date of this Act is governed by the law in effect on
the date the complaint was made, and the former law is continued in
effect for that purpose.