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AN ACT
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relating to the education and preparation of resident physicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.097, Education Code, is amended to |
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read as follows: |
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Sec. 61.097. CONTRACTS WITH RESPECT TO RESIDENT |
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PHYSICIANS. (a) The board shall contract with [the] Baylor |
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College of Medicine for the administration, direction, and |
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performance of services necessary or proper to the education, |
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training, development, and preparation of resident physicians for a |
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career in medicine. [Included in those services shall be the
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payment and furnishing by the medical school to the resident
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physicians of all compensation that has previously been paid or
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furnished by the hospital or hospitals in which the resident
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physicians have been educated and trained.] |
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(b) [In Sections 61.097 and 61.098 of this code:
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[(1)
"Resident physician" means a person who is
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appointed a resident physician by the Baylor College of Medicine
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and who:
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[(A)
has received a Doctor of Medicine or a
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Doctor of Osteopathic Medicine degree from the Baylor College of
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Medicine or from one of the schools of medicine listed in Section
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58.001 of this code; or
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[(B)
is a citizen of Texas and has received a
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Doctor of Medicine or a Doctor of Osteopathic Medicine degree from
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some other school of medicine that is accredited by the Liaison
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Committee on Medical Education or by the Bureau of Professional
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Education of the American Osteopathic Association.
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[(2)
"Primary teaching hospital" is a hospital at
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which the Baylor College of Medicine educates and trains both
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resident physicians and undergraduate medical students.
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[(3)
"Compensation" includes stipends; payments, if
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any, for services rendered; and fringe benefits when applied to
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payments to or for the benefit of resident physicians.
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[(c)
A person may not be considered a resident physician for
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a period of time longer than is ordinarily and customarily required
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for a resident physician to complete a medical specialty program
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approved by the Accrediting Council on Graduate Medical Education
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for the specialty in which the resident physician seeks
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certification as a diplomate and to obtain the certification from
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the appropriate board or agency approved by the American Board of
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Medical Specialties.
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[(d)
Notwithstanding the provisions of Subsection (c) of
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this section, a person may not be considered a resident physician
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under this section for a period of time longer than four years.
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[(e)
The total number of the first-year resident physicians
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compensated under this section and Chapter 58 of this code may not
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exceed the combined total number of persons in the previous year's
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graduating classes of the schools listed in Section 58.001 of this
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code and the Baylor College of Medicine. The Baylor College of
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Medicine shall give priority consideration to applicants who
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demonstrate a willingness to practice in medically underserved
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areas of Texas.
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[(f)
It is the intent of this section that eventually at
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least 50 percent of the first-year resident physicians appointed by
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medical schools shall be in the primary care areas of family
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medicine, internal medicine, pediatrics, geriatrics, and
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obstetrics/gynecology, with 25 percent of those residents in family
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practice.
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[(g)] In the exercise of the authority under Subsection (a) |
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[of this section], the board shall disburse to [the] Baylor College |
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of Medicine the money [, out of funds] appropriated by the |
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legislature to the board for that purpose [, an amount not to exceed
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$15,000 per fiscal year of disbursement for each resident physician
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appointed by the school for that year]. The money disbursed to |
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Baylor College of Medicine under this section shall be spent by the |
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school exclusively for the education, training, development, and |
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preparation of resident physicians for a career in medicine [The
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board shall establish, by contract with the Baylor College of
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Medicine, the method by which the disbursement shall be
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accomplished. The funds authorized by this section are separate
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from and in addition to the funds authorized in Sections 61.092 and
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61.093 of this code]. |
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SECTION 2. Sections 61.098 and 61.099, Education Code, are |
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repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to a contract entered into or renewed under Section 61.097, |
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Education Code, on or after the effective date of this Act. A |
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contract entered into or renewed under that section before the |
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effective date of this Act is governed by the law in effect when the |
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contract was entered into or renewed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. 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, 2009. |
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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. 3456 was passed by the House on April |
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15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3456 was passed by the Senate on May |
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5, 2009, by the following vote: Yeas 29, 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 |