Texas 2009 - 81st Regular

Texas House Bill HB3456 Compare Versions

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1	1	H.B. No. 3456
2	2
3	3
4	4	AN ACT
5	5	relating to the education and preparation of resident physicians.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 61.097, Education Code, is amended to
8	8	read as follows:
9	9	Sec. 61.097. CONTRACTS WITH RESPECT TO RESIDENT
10	10	PHYSICIANS. (a) The board shall contract with [the] Baylor
11	11	College of Medicine for the administration, direction, and
12	12	performance of services necessary or proper to the education,
13	13	training, development, and preparation of resident physicians for a
14	14	career in medicine. [Included in those services shall be the
15	15	payment and furnishing by the medical school to the resident
16	16	physicians of all compensation that has previously been paid or
17	17	furnished by the hospital or hospitals in which the resident
18	18	physicians have been educated and trained.]
19	19	(b) [In Sections 61.097 and 61.098 of this code:
20	20	[(1) "Resident physician" means a person who is
21	21	appointed a resident physician by the Baylor College of Medicine
22	22	and who:
23	23	[(A) has received a Doctor of Medicine or a
24	24	Doctor of Osteopathic Medicine degree from the Baylor College of
25	25	Medicine or from one of the schools of medicine listed in Section
26	26	58.001 of this code; or
27	27	[(B) is a citizen of Texas and has received a
28	28	Doctor of Medicine or a Doctor of Osteopathic Medicine degree from
29	29	some other school of medicine that is accredited by the Liaison
30	30	Committee on Medical Education or by the Bureau of Professional
31	31	Education of the American Osteopathic Association.
32	32	[(2) "Primary teaching hospital" is a hospital at
33	33	which the Baylor College of Medicine educates and trains both
34	34	resident physicians and undergraduate medical students.
35	35	[(3) "Compensation" includes stipends; payments, if
36	36	any, for services rendered; and fringe benefits when applied to
37	37	payments to or for the benefit of resident physicians.
38	38	[(c) A person may not be considered a resident physician for
39	39	a period of time longer than is ordinarily and customarily required
40	40	for a resident physician to complete a medical specialty program
41	41	approved by the Accrediting Council on Graduate Medical Education
42	42	for the specialty in which the resident physician seeks
43	43	certification as a diplomate and to obtain the certification from
44	44	the appropriate board or agency approved by the American Board of
45	45	Medical Specialties.
46	46	[(d) Notwithstanding the provisions of Subsection (c) of
47	47	this section, a person may not be considered a resident physician
48	48	under this section for a period of time longer than four years.
49	49	[(e) The total number of the first-year resident physicians
50	50	compensated under this section and Chapter 58 of this code may not
51	51	exceed the combined total number of persons in the previous year's
52	52	graduating classes of the schools listed in Section 58.001 of this
53	53	code and the Baylor College of Medicine. The Baylor College of
54	54	Medicine shall give priority consideration to applicants who
55	55	demonstrate a willingness to practice in medically underserved
56	56	areas of Texas.
57	57	[(f) It is the intent of this section that eventually at
58	58	least 50 percent of the first-year resident physicians appointed by
59	59	medical schools shall be in the primary care areas of family
60	60	medicine, internal medicine, pediatrics, geriatrics, and
61	61	obstetrics/gynecology, with 25 percent of those residents in family
62	62	practice.
63	63	[(g)] In the exercise of the authority under Subsection (a)
64	64	[of this section], the board shall disburse to [the] Baylor College
65	65	of Medicine the money [, out of funds] appropriated by the
66	66	legislature to the board for that purpose [, an amount not to exceed
67	67	$15,000 per fiscal year of disbursement for each resident physician
68	68	appointed by the school for that year]. The money disbursed to
69	69	Baylor College of Medicine under this section shall be spent by the
70	70	school exclusively for the education, training, development, and
71	71	preparation of resident physicians for a career in medicine [The
72	72	board shall establish, by contract with the Baylor College of
73	73	Medicine, the method by which the disbursement shall be
74	74	accomplished. The funds authorized by this section are separate
75	75	from and in addition to the funds authorized in Sections 61.092 and
76	76	61.093 of this code].
77	77	SECTION 2. Sections 61.098 and 61.099, Education Code, are
78	78	repealed.
79	79	SECTION 3. The change in law made by this Act applies only
80	80	to a contract entered into or renewed under Section 61.097,
81	81	Education Code, on or after the effective date of this Act. A
82	82	contract entered into or renewed under that section before the
83	83	effective date of this Act is governed by the law in effect when the
84	84	contract was entered into or renewed, and the former law is
85	85	continued in effect for that purpose.
86	86	SECTION 4. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2009.
91	91	______________________________ ______________________________
92	92	President of the Senate Speaker of the House
93	93	I certify that H.B. No. 3456 was passed by the House on April
94	94	15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
95	95	voting.
96	96	______________________________
97	97	Chief Clerk of the House
98	98	I certify that H.B. No. 3456 was passed by the Senate on May
99	99	5, 2009, by the following vote: Yeas 29, Nays 0.
100	100	______________________________
101	101	Secretary of the Senate
102	102	APPROVED: _____________________
103	103	Date
104	104	_____________________
105	105	Governor