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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas Physician Health Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 3, Occupations Code, is |
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amended by adding Chapter 167 to read as follows: |
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CHAPTER 167. TEXAS PHYSICIAN HEALTH PROGRAM |
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Sec. 167.001. DEFINITIONS. In this chapter: |
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(1) "Committee" means the Physician Health and |
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Rehabilitation Advisory Committee established under this chapter. |
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(2) "Governing board" means the governing board of the |
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program. |
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(3) "Medical director" means a person appointed under |
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Section 167.002 to oversee the program. |
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(4) "Physician assistant board" means the Texas |
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Physician Assistant Board established under Chapter 204. |
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(5) "Program" means the Texas Physician Health Program |
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established under this chapter. |
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(6) "Program participant" means a physician or |
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physician assistant who receives services under the program. |
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Sec. 167.002. MEDICAL DIRECTOR. (a) The board shall |
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appoint a medical director for the program. |
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(b) The medical director must: |
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(1) be a physician licensed by the board; and |
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(2) have expertise in a field of medicine relating to |
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disorders commonly affecting physicians or physician assistants, |
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including substance abuse disorders. |
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(c) The medical director shall provide clinical and policy |
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oversight for the program. |
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Sec. 167.003. GOVERNING BOARD. (a) The president of the |
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board shall appoint persons to serve on the governing board of the |
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program. The appointees shall include physicians, physician |
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assistants, and other related professionals with experience |
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addressing health conditions commonly found in the population of |
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monitored physicians or physician assistants. |
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(b) The governing board shall: |
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(1) provide advice and counsel to the board; and |
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(2) establish policy and procedures for the operation |
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and administration of the program. |
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(c) The board, with the advice and in consultation with the |
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physician assistant board and Texas-based professional |
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associations of physicians and physician assistants, shall adopt |
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rules relating to the appointment of members to the governing |
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board, including length of terms, procedures for filling a vacancy, |
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and conflict-of-interest provisions. |
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Sec. 167.004. PHYSICIAN HEALTH AND REHABILITATION ADVISORY |
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COMMITTEE. (a) The governing board shall appoint physicians to the |
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Physician Health and Rehabilitation Advisory Committee who have |
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experience in disorders commonly affecting physicians or physician |
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assistants. |
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(b) The committee shall assist the governing board by making |
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recommendations on the request of the governing board. |
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(c) The board, with the advice and in consultation with the |
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physician assistant board and Texas-based professional |
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associations of physicians and physician assistants, shall adopt |
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rules relating to the appointment of members to the committee, |
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including length of terms, procedures for filling a vacancy, and |
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conflict-of-interest provisions. |
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(d) Chapter 2110, Government Code, does not apply to the |
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committee. |
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Sec. 167.005. TEXAS PHYSICIAN HEALTH PROGRAM. (a) The |
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Texas Physician Health Program is established to promote: |
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(1) physician and physician assistant wellness; and |
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(2) treatment of all health conditions that have the |
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potential to compromise the physician's or physician assistant's |
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ability to practice with reasonable skill and safety, including |
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mental health issues, substance abuse issues, and addiction issues. |
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(b) The program is a confidential, nondisciplinary |
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therapeutic program for physicians and physician assistants. |
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(c) The program is administratively attached to the board. |
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Sec. 167.006. RULES. The board, with the advice of and in |
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consultation with the governing board, committee, and Texas-based |
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professional associations of physicians and physician assistants, |
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shall: |
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(1) adopt rules and policies as necessary to implement |
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the program, including: |
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(A) policies for assessments under the program |
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and guidelines for the validity of a referral to the program; |
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(B) policies and guidelines for initial contacts |
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used to determine if there is a need for a physician or physician |
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assistant to complete a clinically appropriate evaluation or to |
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enter treatment, including policies and guidelines for |
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arrangements for that evaluation or treatment; and |
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(C) policies and guidelines for interventions |
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conducted under the program; and |
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(2) define applicable guidelines for the management of |
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substance abuse disorders, psychiatric disorders, and physical |
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illnesses and impairments. |
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Sec. 167.007. OPERATION OF PROGRAM. (a) The program must |
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include provisions for: |
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(1) continuing care, monitoring, and case management |
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of potentially impairing health conditions, including provisions |
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for cooperation with the evaluating or treating facility; |
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(2) ongoing monitoring for relapse, including random |
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drug testing, consultations with other physician health and |
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rehabilitation committees, work site monitors, and treating health |
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professionals, including mental health professionals; and |
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(3) other physician and physician assistant health and |
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rehabilitation programs to operate under an agreement with the |
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program, using established guidelines to ensure uniformity and |
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credibility of services throughout this state. |
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(b) The program must ensure appropriate communications with |
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the board, the physician assistant board, other state licensing |
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boards, and physician health and rehabilitation programs. |
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(c) The program shall use physicians or other health care |
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professional experts or consultants, as appropriate, when |
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necessary to evaluate, recommend solutions for, or resolve a |
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medical dispute. |
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Sec. 167.008. REFERRALS TO PROGRAM. (a) The program shall |
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accept a self referral from a physician or physician assistant and |
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referrals from an individual, a physician health and rehabilitation |
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committee, a physician assistant organization, a state physician |
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health program, a hospital or hospital system licensed in this |
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state, a residency program, the board, or the physician assistant |
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board. |
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(b) A physician or physician assistant may refer the |
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physician or physician assistant to the program. |
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(c) The program may not accept a referral, except as |
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provided by board rules, for a violation of the standard of care as |
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a result of drugs or alcohol or boundary violations with a patient |
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or a patient's family. |
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Sec. 167.009. REFERRAL BY BOARD OR PHYSICIAN ASSISTANT |
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BOARD AS PREREQUISITE FOR ISSUING OR MAINTAINING A LICENSE. (a) |
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The board or the physician assistant board, through an agreed order |
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or after a contested proceeding, may make a referral to the program |
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and require participation in the program by a specified physician |
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or physician assistant as a prerequisite for issuing or maintaining |
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a license under Chapter 155 or 204. |
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(b) The board or the physician assistant board may |
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discipline a physician or physician assistant required to |
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participate in the program under Subsection (a) who does not |
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participate in the program. |
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(c) Each program participant is individually responsible |
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for payment of the participant's own medical costs, including any |
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required evaluations, primary treatment, and continuing care. |
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Sec. 167.010. CONFIDENTIALITY. (a) Each referral, |
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proceeding, report, investigative file, record, or other |
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information received, gathered, created, or maintained by the |
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program or its employees, consultants, work site monitors, or |
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agents relating to a physician or physician assistant is privileged |
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and confidential and is not subject to disclosure under Chapter |
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552, Government Code, or to discovery, subpoena, or other means of |
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legal compulsion for release to any person except as provided by |
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this chapter. |
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(b) Notwithstanding Subsection (a), the program may report |
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to the board or the physician assistant board, as appropriate, the |
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name and pertinent information relating to impairment of a |
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physician or physician assistant. |
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(c) Notwithstanding Subsection (a), the program shall make |
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a report to the board or the physician assistant board, as |
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appropriate, regarding a physician or physician assistant if the |
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medical director or the governing board determines that the |
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physician or physician assistant poses a continuing threat to the |
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public welfare. If requested by the board or the physician |
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assistant board, a report under this subsection must include all |
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information in the possession or control of the program. |
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Sec. 167.011. FUNDING; FEES. (a) The Texas physician |
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health program account is a special account in the general revenue |
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fund. Funds in the account may be appropriated only to the board |
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for administration of the program. |
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(b) The board by rule shall set and collect reasonable and |
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necessary fees from program participants in amounts sufficient to |
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offset, to the extent reasonably possible, the cost of |
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administering this chapter. |
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(c) Each program participant shall pay an annual fee to |
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partially offset the cost of participation and monitoring services. |
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(d) The board shall deposit fees collected under this |
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section to the credit of the account established under Subsection |
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(a). |
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(e) The board may grant a waiver to the fee imposed under |
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Subsection (c). The board shall adopt rules relating to the |
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issuance of a waiver under this subsection. |
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SECTION 2. Section 153.051(d), Occupations Code, is amended |
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to read as follows: |
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(d) The board may not set, charge, collect, receive, or |
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deposit any of the following fees in excess of: |
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(1) $900 for a license; |
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(2) $400 for a first registration permit; |
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(3) $200 for a temporary license; |
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(4) $400 for renewal of a registration permit; |
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(5) $200 for a physician-in-training permit; |
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(6) $600 for the processing of an application and the |
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issuance of a registration for anesthesia in an outpatient setting; |
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(7) $200 for an endorsement to other state medical |
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boards; |
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(8) $200 for a duplicate license; [or] |
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(9) $700 for a reinstated license after cancellation |
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for cause; or |
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(10) $1,200 for an annual fee under Section 167.011(c) |
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for a program participant in the Texas Physician Health Program. |
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SECTION 3. Effective January 1, 2010, the following laws |
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are repealed: |
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(1) Sections 164.202, 164.203, 164.204, and 164.205, |
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Occupations Code; and |
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(2) Sections 204.305, 204.306, 204.307, and 204.3075, |
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Occupations Code. |
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SECTION 4. A rehabilitation order under Chapter 167 or 204, |
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Occupations Code, entered into on or before January 1, 2010, is |
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governed by the law as it existed immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 5. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2009. |