| 1 | 1 | | By: Kleinschmidt H.B. No. 3967 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the limited practice of medicine by a physician under a |
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| 7 | 7 | | license issued by the Texas Medical Board. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 155, Occupations Code, is |
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| 10 | 10 | | amended by adding Section 155.010 to read as follows: |
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| 11 | 11 | | Sec. 155.010. LICENSE FOR LIMITED PRACTICE PHYSICIANS. (a) |
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| 12 | 12 | | The board shall adopt rules for the issuance of a license for |
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| 13 | 13 | | limited practice physicians. |
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| 14 | 14 | | (b) The board's rules under this section must include |
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| 15 | 15 | | provisions for: |
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| 16 | 16 | | (1) eligibility for the license; |
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| 17 | 17 | | (2) issuance and renewal of the license; |
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| 18 | 18 | | (3) the fees applicable to the license; |
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| 19 | 19 | | (4) continuing education requirements; and |
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| 20 | 20 | | (5) the scope of practice of a person who holds the |
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| 21 | 21 | | license. |
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| 22 | 22 | | (c) To be eligible for a license issued under this section a |
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| 23 | 23 | | physician must: |
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| 24 | 24 | | (1) be licensed by the board and in good standing; |
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| 25 | 25 | | (2) practice medicine not more than 20 hours each |
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| 26 | 26 | | week; and |
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| 27 | 27 | | (3) provide voluntary charity care, as defined by |
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| 28 | 28 | | board rule, for at least 25 percent of the physician's practice. |
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| 29 | 29 | | (d) The board by rule shall adopt notice requirements |
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| 30 | 30 | | sufficient to inform patients of a physician who holds a license |
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| 31 | 31 | | issued under this section that Section 74.005, Civil Practice and |
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| 32 | 32 | | Remedies Code, applies to the care provided by a physician licensed |
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| 33 | 33 | | under this section. |
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| 34 | 34 | | SECTION 2. Subchapter A, Chapter 74, Civil Practice and |
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| 35 | 35 | | Remedies Code, is amended by adding Section 74.005 to read as |
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| 36 | 36 | | follows: |
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| 37 | 37 | | Sec. 74.005. LIABILITY OF LIMITED PRACTICE PHYSICIAN. A |
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| 38 | 38 | | physician engaged in the limited practice of medicine within the |
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| 39 | 39 | | scope of a license issued under Section 155.010, Occupations Code, |
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| 40 | 40 | | is not liable in civil damages for a health care liability claim |
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| 41 | 41 | | unless the physician is willfully or wantonly negligent. |
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| 42 | 42 | | SECTION 3. Not later than January 1, 2010, the Texas Medical |
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| 43 | 43 | | Board shall adopt rules necessary to implement Section 155.010, |
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| 44 | 44 | | Occupations Code, as added by this Act. |
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| 45 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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