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Amend CSHB 7 as follows:
(1) Amend CSHB 7 by striking SECTION 1.204 of the bill,
(Committee Substitute page 188, lines 4 through 13.
(2) Amend Sec. 408C.002, Labor Code (Committee Substitute
page 182, line 2), by striking "An", and substituting the
following: "Except as provided in subsection (f), an".
(3) Amend Sec. 408C.002, Labor Code (Committee Substitute
page 183), between lines 22 and 23, insert a new subsection (f) to
read as follows:
"(f) Notwithstanding the repeal by this Act of Sections
408.023 and 408.0231, Labor Code, there may be no direct or indirect
provision of health care under the workers' compensation Act and
rules, and no direct or indirect receipt of remuneration under the
Act and rules by a doctor who:
(1) before the effective date of this Act:
(A) was removed or deleted from the list of
approved doctors either by action of the Texas Workers'
Compensation Commission or by agreement with the doctor; or
(B) was not admitted to the list of approved
doctors either by action of the Texas Workers' Compensation
Commission or by agreement with the doctor;
(C) was suspended from list of approved doctors
either by action of the Texas Workers' Compensation Commission or
by agreement with the doctor; or
(D) had the license to practice suspended by the
appropriate licensing board including those whose suspension was
stayed, deferred, or probated, or voluntarily relinquished the
license to practice; and
(2) was not reinstated or restored by the Texas
Workers' Compensation Commission to the list of approved doctors
prior to the effective date of this Act.".
(4) Amend SECTION 1.034 of the bill, Sec. 402.168, Labor
Code (Committee Substitute page 31, line 13), between "SANCTIONS."
and "Only", by inserting: "(b)" .
(5) Amend SECTION 1.034 of the bill, Sec. 402.168, Labor
Code (Committee Substitute page 31, line 13), between "SANCTIONS."
and "Only", by inserting a new subsection (a) to read as follows:
"(a) The department shall act on a recommendation by the
medical advisor selected under Section 413.0511 and, after notice
and the opportunity for a hearing, may impose sanctions under this
section on a doctor or other health care provider or an insurance
carrier or may recommend action regarding a utilization review
agent or independent review organization. The department may
impose sanctions as appropriate, including removal of the privilege
of practice in the workers' compensation system. Only the
commissioner may impose:
(1) a sanction that deprives a person of the right to
practice before the department under this subtitle or of the right
to receive remuneration under this subtitle for a period exceeding
30 days; or
(2) another sanction suspending for more than 30 days
or revoking a certificate of authority, license, certification, or
permit required for practice in the field of workers' compensation.
(h) A sanction imposed by the department is binding pending
appeal.".