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AN ACT
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relating to certain duties of the Texas Medical Board in licensing |
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and expert testimony. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 153, Occupations Code, is |
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amended by adding Section 153.016 to read as follows: |
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Sec. 153.016. EXPERT TESTIMONY. A member of the board may |
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not serve as an expert witness in a suit involving a health care |
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liability claim against a physician for injury to or death of a |
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patient. |
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SECTION 2. Section 155.007, Occupations Code, is amended by |
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adding Subsections (h), (i), (j), (k), (l), (m), and (n) to read as |
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follows: |
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(h) Not later than January 1 of each year: |
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(1) the executive director shall review the policy and |
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procedures the board uses to issue licenses; and |
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(2) the board shall perform a needs assessment to |
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enable the board to determine the performance goals that the board |
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must meet to reduce any unreasonable delays in the timely |
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completion of the licensing process and to ensure the process is |
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completed in a reasonable number of days. |
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(i) Not later than August 1 of each even-numbered year, the |
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executive director shall issue a report to the governor, the |
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Legislative Budget Board, and the relevant committees of the senate |
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and the house of representatives on the state of the board's |
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licensing process. |
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(j) The report required under Subsection (i) must include a |
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projected yearly budget for board staffing and technology |
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improvements that will allow the board to issue licenses within a |
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reasonable number of days. |
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(k) The board and the executive director shall ensure that |
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any change in licensing policies or procedures is made only to |
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increase the number of licenses issued under this chapter, reduce |
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unreasonable delays in the licensing process, and maintain public |
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safety. |
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(l) The report required under Subsection (i) must include: |
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(1) any specialty certification information collected |
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from applicants, including any information similar to information |
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collected under Section 154.006; |
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(2) the location where each applicant intends to |
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practice; and |
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(3) in aggregate form, data collected since the prior |
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report relating to felony convictions, Class A and Class B |
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misdemeanor convictions, and deferred adjudications for felonies |
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and Class A and Class B misdemeanors. |
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(m) Not later than August 31, 2008, the board shall ensure |
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that the average time to process license applications under this |
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chapter does not exceed 51 days. The board shall include the |
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board's progress toward this performance measure target in the |
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report required under Subsection (i). |
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(n) The board shall make an effort to give priority to an |
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application submitted by an applicant who informs the board that |
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the applicant intends to practice in a medically underserved area |
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of this state. |
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SECTION 3. Section 155.008, Occupations Code, is amended to |
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read as follows: |
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Sec. 155.008. CRIMINAL RECORD CHECK. (a) The board may |
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submit to the Department of Public Safety a complete set of |
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fingerprints of each license applicant, and the department shall |
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classify and check the fingerprints against those in the |
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department's fingerprint records. The department shall certify to |
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the board its findings regarding the criminal record of the |
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applicant or the applicant's lack of a criminal record. |
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(b) Each applicant shall submit information to the board |
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detailing any conviction for a felony or a Class A or Class B |
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misdemeanor or a deferred adjudication for a felony or Class A or |
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Class B misdemeanor for a violation relating to: |
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(1) Medicare, Medicaid or insurance fraud; |
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(2) the Texas Controlled Substances Act or |
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intoxication or alcoholic beverage offenses; |
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(3) sexual or assaultive offenses; and |
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(4) tax fraud or evasion. |
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SECTION 4. Section 156.001, Occupations Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) In addition to the information required by Subsection |
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(c), a license holder shall submit to the board with the |
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registration permit renewal application information not reported |
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on a license application or a previous permit renewal application |
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relating to a felony conviction, a conviction for a Class A or Class |
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B misdemeanor, or a deferred adjudication for a felony offense or |
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Class A or Class B misdemeanor offense for: |
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(1) Medicare, Medicaid or insurance fraud; |
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(2) the Texas Controlled Substances Act or |
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intoxication or alcoholic beverage offenses; |
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(3) sexual or assaultive offenses; and |
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(4) tax fraud or evasion. |
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SECTION 5. Section 155.1025(a), Occupations Code, is |
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amended to read as follows: |
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(a) The board shall adopt rules for expediting any |
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application for a license under this subtitle made by a person who |
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[is licensed to practice medicine in another state or country and
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who] submits an affidavit with the application stating that: |
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(1) the applicant intends to practice in a rural |
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community[, as determined by the Office of Rural Community
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Affairs]; or |
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(2) the applicant[:
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[(A)
has requested and is eligible for an
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immigration visa waiver as described by Section 12.0127, Health and
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Safety Code; and
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[(B)] intends to practice medicine in a medically |
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underserved area or health professional shortage area, designated |
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by the United States Department of Health and Human Services, that |
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has a current shortage of physicians. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1973 was passed by the House on April |
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18, 2007, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1973 on May 21, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1973 on May 26, 2007, by the following vote: Yeas 143, |
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Nays 1, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1973 was passed by the Senate, with |
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amendments, on May 17, 2007, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1973 on May 26, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |