78R3115 SMH-D

By:  Harris                                                       S.B. No. 208



A BILL TO BE ENTITLED

AN ACT

relating to the contents of physician profiles created by the Texas 
State Board of Medical Examiners.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 154.006(b) and (e), Occupations Code, 
are amended to read as follows:
	(b)  A profile must contain the following information on each 
physician:     
		(1)  the name of each medical school attended and the 
dates of:             
			(A)  graduation; or                                                          
			(B)  Fifth Pathway designation and completion of 
the Fifth Pathway Program;
		(2)  a description of all graduate medical education in 
the United States or Canada;
		(3)  any specialty certification held by the physician 
and issued by a medical licensing board that is a member of the 
American Board of Medical Specialties or the Bureau of Osteopathic 
Specialists;
		(4)  the number of years the physician has actively 
practiced medicine in:  
			(A)  the United States or Canada; and                                        
			(B)  this state;                                                             
		(5)  the name of each hospital in this state in which 
the physician has privileges;
		(6)  the physician's primary practice location;                               
		(7)  the type of language translating services, 
including translating services for a person with impairment of 
hearing, that the physician provides at the physician's primary 
practice location;
		(8)  whether the physician participates in the Medicaid 
program;            
		(9)  [a description of any conviction for a felony, a 
Class A or Class B misdemeanor, or a Class C misdemeanor involving 
moral turpitude during the 10-year period preceding the date of the 
profile;
		[(10)  a description of any charges reported to the 
board during the 10-year period preceding the date of the profile to 
which the physician has pleaded no contest, for which the physician 
is the subject of deferred adjudication or pretrial diversion, or 
in which sufficient facts of guilt were found and the matter was 
continued by a court;
		[(11)]  a description of any final disciplinary action 
against the physician by the board during the 10-year period 
preceding the date of the profile, including any final disciplinary 
action taken by the board on medical malpractice claims or 
complaints required to be reviewed by the board under Section 
164.201;
		(10) [(12)]  a description of any final public
disciplinary action against the physician by a medical licensing 
board of another state during the 10-year period preceding the date 
of the profile; and
		(11) [(13)  a description of the final resolution taken 
by the board on medical malpractice claims or complaints required 
to be opened by the board under Section 164.201;
		[(14)]  whether the physician's patient service areas 
are accessible to disabled persons, as defined by federal law[;  and
		[(15)  a description of any formal complaint against 
the physician initiated and filed under Section 164.005 and the 
status of the complaint].
	(e)  A pending malpractice claim or complaint, other than a 
claim disclosed under Subsection (b)(9) [(b)(13)], may not be 
disclosed to the public by the board.  This subsection does not 
prevent the board from investigating and disciplining a physician 
on the basis of a pending medical malpractice claim or complaint.
	SECTION 2.  This Act takes effect September 1, 2003.