BILL ANALYSIS

 

 

 

C.S.H.B. 923

By: Garcia Hernandez, Cassandra

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Under current law, the Texas Medical Disclosure Panel has nine members licensed to practice law or medicine in Texas, and its purpose is to determine which risks and hazards related to medical care and surgical procedures must be disclosed by health care providers or physicians to their patients or to persons authorized to consent for their patients. However, due to the panel's composition, it does not currently allow public participation or patient advocates who could provide critical input. According to the Sunset Advisory Commission, one-third of board members for state agencies that protect the health, welfare, and safety of Texans should be members representing the general public. C.S.H.B. 923 seeks to align the panel with that recommendation by adding public representatives to the panel and by including additional requirements for members who are attorneys to either have experience representing patients or representing physicians or health care providers.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 923 amends the Civil Practice and Remedies Code to increase the number of members of the Texas Medical Disclosure Panel from nine to 13 by increasing the number of members licensed to practice medicine in Texas from six to seven and by adding three members representing the public. With respect to the appointment of these three members representing the public, the bill does the following:

·         requires at least one of the three to have a background in health literacy;

·         prohibits the appointment of a registered lobbyist, a health care provider or the spouse of a health care provider, or a person who works in any health care-related field, including health insurance; and

·         requires preference to be given to persons with experience in advocating for the public interest.

The bill requires at least one of the three panel members appointed on the basis of being licensed to practice law in Texas to have experience representing patients and at least one of those three members to have experience representing physicians or health care providers. The bill prohibits the panel from taking any action requiring a vote of the panel unless a majority of the members appointed to serve on the panel as members licensed to practice medicine are in attendance at the meeting when the vote is taken.

 

C.S.H.B. 923 establishes that the panel is not authorized to take any action that changes the scope of practice authority of any physician or health care provider. The bill requires the executive commissioner of the Health and Human Services Commission, not later than January 1, 2026, to appoint new members to the panel in accordance with the bill's provisions.

 

EFFECTIVE DATE

 

September 1, 2025.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 923 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

While both the introduced and the substitute revise the composition of the Texas Medical Disclosure Panel, the bill versions differ as follows:

·         whereas the introduced increased the total number of members of the panel from nine to 11, the substitute increases that number from nine to 13;

·         whereas the introduced added two members representing the public, the substitute adds three such members; and

·         whereas the introduced required at least one of the three panel members appointed on the basis of being licensed to practice law in Texas to be board certified in personal injury trial law by the Texas Board of Legal Specialization and at least one of those three members to be board certified in health law by that board, the substitute requires at least one of those three members to have experience representing patients and at least one of those three members to have experience representing physicians or health care providers.

The substitute also increases from six to seven the number of members licensed to practice medicine in Texas, whereas the introduced did not.

 

The substitute includes a provision that was not in the introduced prohibiting the panel from taking any action requiring a vote of the panel unless a majority of the members appointed to serve on the panel as members licensed to practice medicine in Texas are in attendance at the meeting when the vote is taken.

 

Whereas the introduced established that the panel is not authorized to take any action that may be interpreted as changing the scope of practice authority of any physician or health care provider, the substitute establishes that the panel is not authorized to take any action that changes the scope of that practice authority.