Texas 2009 - 81st Regular

Texas Senate Bill SB1331 Compare Versions

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1	1	81R10468 JSC-F
2	2	By: Nelson S.B. No. 1331
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Texas Physician Health Program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle B, Title 3, Occupations Code, is
10	10	amended by adding Chapter 167 to read as follows:
11	11	CHAPTER 167. TEXAS PHYSICIAN HEALTH PROGRAM
12	12	Sec. 167.001. DEFINITIONS. In this chapter:
13	13	(1) "Committee" means the Physician Health and
14	14	Rehabilitation Advisory Committee established under this chapter.
15	15	(2) "Governing board" means the governing board of the
16	16	program.
17	17	(3) "Medical director" means a person appointed under
18	18	Section 167.002 to oversee the program.
19	19	(4) "Physician assistant board" means the Texas
20	20	Physician Assistant Board established under Chapter 204.
21	21	(5) "Program" means the Texas Physician Health Program
22	22	established under this chapter.
23	23	(6) "Program participant" means a physician or
24	24	physician assistant who receives services under the program.
25	25	Sec. 167.002. MEDICAL DIRECTOR. (a) The board shall
26	26	appoint a medical director for the program.
27	27	(b) The medical director must:
28	28	(1) be a physician licensed by the board; and
29	29	(2) have expertise in a field of medicine relating to
30	30	disorders commonly affecting physicians or physician assistants,
31	31	including substance abuse disorders.
32	32	(c) The medical director shall provide clinical and policy
33	33	oversight for the program.
34	34	Sec. 167.003. GOVERNING BOARD. (a) The president of the
35	35	board shall appoint persons to serve on the governing board of the
36	36	program. The appointees shall include physicians, physician
37	37	assistants, and other related professionals with experience
38	38	addressing health conditions commonly found in the population of
39	39	monitored physicians or physician assistants.
40	40	(b) The governing board shall:
41	41	(1) provide advice and counsel to the board; and
42	42	(2) establish policy and procedures for the operation
43	43	and administration of the program.
44	44	(c) The board, with the advice and in consultation with the
45	45	physician assistant board and Texas-based professional
46	46	associations of physicians and physician assistants, shall adopt
47	47	rules relating to the appointment of members to the governing
48	48	board, including length of terms, procedures for filling a vacancy,
49	49	and conflict-of-interest provisions.
50	50	Sec. 167.004. PHYSICIAN HEALTH AND REHABILITATION ADVISORY
51	51	COMMITTEE. (a) The governing board shall appoint physicians to the
52	52	Physician Health and Rehabilitation Advisory Committee who have
53	53	experience in disorders commonly affecting physicians or physician
54	54	assistants.
55	55	(b) The committee shall assist the governing board by making
56	56	recommendations on the request of the governing board.
57	57	(c) The board, with the advice and in consultation with the
58	58	physician assistant board and Texas-based professional
59	59	associations of physicians and physician assistants, shall adopt
60	60	rules relating to the appointment of members to the committee,
61	61	including length of terms, procedures for filling a vacancy, and
62	62	conflict-of-interest provisions.
63	63	(d) Chapter 2110, Government Code, does not apply to the
64	64	committee.
65	65	Sec. 167.005. TEXAS PHYSICIAN HEALTH PROGRAM. (a) The
66	66	Texas Physician Health Program is established to promote:
67	67	(1) physician and physician assistant wellness; and
68	68	(2) treatment of all health conditions that have the
69	69	potential to compromise the physician's or physician assistant's
70	70	ability to practice with reasonable skill and safety, including
71	71	mental health issues, substance abuse issues, and addiction issues.
72	72	(b) The program is a confidential, nondisciplinary
73	73	therapeutic program for physicians and physician assistants.
74	74	(c) The program is administratively attached to the board.
75	75	Sec. 167.006. RULES. The board, with the advice of and in
76	76	consultation with the governing board, committee, and Texas-based
77	77	professional associations of physicians and physician assistants,
78	78	shall:
79	79	(1) adopt rules and policies as necessary to implement
80	80	the program, including:
81	81	(A) policies for assessments under the program
82	82	and guidelines for the validity of a referral to the program;
83	83	(B) policies and guidelines for initial contacts
84	84	used to determine if there is a need for a physician or physician
85	85	assistant to complete a clinically appropriate evaluation or to
86	86	enter treatment, including policies and guidelines for
87	87	arrangements for that evaluation or treatment; and
88	88	(C) policies and guidelines for interventions
89	89	conducted under the program; and
90	90	(2) define applicable guidelines for the management of
91	91	substance abuse disorders, psychiatric disorders, and physical
92	92	illnesses and impairments.
93	93	Sec. 167.007. OPERATION OF PROGRAM. (a) The program must
94	94	include provisions for:
95	95	(1) continuing care, monitoring, and case management
96	96	of potentially impairing health conditions, including provisions
97	97	for cooperation with the evaluating or treating facility;
98	98	(2) ongoing monitoring for relapse, including random
99	99	drug testing, consultations with other physician health and
100	100	rehabilitation committees, work site monitors, and treating health
101	101	professionals, including mental health professionals; and
102	102	(3) other physician and physician assistant health and
103	103	rehabilitation programs to operate under an agreement with the
104	104	program, using established guidelines to ensure uniformity and
105	105	credibility of services throughout this state.
106	106	(b) The program must ensure appropriate communications with
107	107	the board, the physician assistant board, other state licensing
108	108	boards, and physician health and rehabilitation programs.
109	109	(c) The program shall use physicians or other health care
110	110	professional experts or consultants, as appropriate, when
111	111	necessary to evaluate, recommend solutions for, or resolve a
112	112	medical dispute.
113	113	Sec. 167.008. REFERRALS TO PROGRAM. (a) The program shall
114	114	accept a self referral from a physician or physician assistant and
115	115	referrals from an individual, a physician health and rehabilitation
116	116	committee, a physician assistant organization, a state physician
117	117	health program, a hospital or hospital system licensed in this
118	118	state, a residency program, the board, or the physician assistant
119	119	board.
120	120	(b) A physician or physician assistant may refer the
121	121	physician or physician assistant to the program.
122	122	(c) The program may not accept a referral, except as
123	123	provided by board rules, for a violation of the standard of care as
124	124	a result of drugs or alcohol or boundary violations with a patient
125	125	or a patient's family.
126	126	Sec. 167.009. REFERRAL BY BOARD OR PHYSICIAN ASSISTANT
127	127	BOARD AS PREREQUISITE FOR ISSUING OR MAINTAINING A LICENSE. (a)
128	128	The board or the physician assistant board, through an agreed order
129	129	or after a contested proceeding, may make a referral to the program
130	130	and require participation in the program by a specified physician
131	131	or physician assistant as a prerequisite for issuing or maintaining
132	132	a license under Chapter 155 or 204.
133	133	(b) The board or the physician assistant board may
134	134	discipline a physician or physician assistant required to
135	135	participate in the program under Subsection (a) who does not
136	136	participate in the program.
137	137	(c) Each program participant is individually responsible
138	138	for payment of the participant's own medical costs, including any
139	139	required evaluations, primary treatment, and continuing care.
140	140	Sec. 167.010. CONFIDENTIALITY. (a) Each referral,
141	141	proceeding, report, investigative file, record, or other
142	142	information received, gathered, created, or maintained by the
143	143	program or its employees, consultants, work site monitors, or
144	144	agents relating to a physician or physician assistant is privileged
145	145	and confidential and is not subject to disclosure under Chapter
146	146	552, Government Code, or to discovery, subpoena, or other means of
147	147	legal compulsion for release to any person except as provided by
148	148	this chapter.
149	149	(b) Notwithstanding Subsection (a), the program may report
150	150	to the board or the physician assistant board, as appropriate, the
151	151	name and pertinent information relating to impairment of a
152	152	physician or physician assistant.
153	153	(c) Notwithstanding Subsection (a), the program shall make
154	154	a report to the board or the physician assistant board, as
155	155	appropriate, regarding a physician or physician assistant if the
156	156	medical director or the governing board determines that the
157	157	physician or physician assistant poses a continuing threat to the
158	158	public welfare. If requested by the board or the physician
159	159	assistant board, a report under this subsection must include all
160	160	information in the possession or control of the program.
161	161	Sec. 167.011. FUNDING; FEES. (a) The Texas physician
162	162	health program account is a special account in the general revenue
163	163	fund. Funds in the account may be appropriated only to the board
164	164	for administration of the program.
165	165	(b) The board by rule shall set and collect reasonable and
166	166	necessary fees from program participants in amounts sufficient to
167	167	offset, to the extent reasonably possible, the cost of
168	168	administering this chapter.
169	169	(c) Each program participant shall pay an annual fee to
170	170	partially offset the cost of participation and monitoring services.
171	171	(d) The board shall deposit fees collected under this
172	172	section to the credit of the account established under Subsection
173	173	(a).
174	174	(e) The board may grant a waiver to the fee imposed under
175	175	Subsection (c). The board shall adopt rules relating to the
176	176	issuance of a waiver under this subsection.
177	177	SECTION 2. Section 153.051(d), Occupations Code, is amended
178	178	to read as follows:
179	179	(d) The board may not set, charge, collect, receive, or
180	180	deposit any of the following fees in excess of:
181	181	(1) $900 for a license;
182	182	(2) $400 for a first registration permit;
183	183	(3) $200 for a temporary license;
184	184	(4) $400 for renewal of a registration permit;
185	185	(5) $200 for a physician-in-training permit;
186	186	(6) $600 for the processing of an application and the
187	187	issuance of a registration for anesthesia in an outpatient setting;
188	188	(7) $200 for an endorsement to other state medical
189	189	boards;
190	190	(8) $200 for a duplicate license; [or]
191	191	(9) $700 for a reinstated license after cancellation
192	192	for cause; or
193	193	(10) $1,200 for an annual fee under Section 167.011(c)
194	194	for a program participant in the Texas Physician Health Program.
195	195	SECTION 3. Effective January 1, 2010, the following laws
196	196	are repealed:
197	197	(1) Sections 164.202, 164.203, 164.204, and 164.205,
198	198	Occupations Code; and
199	199	(2) Sections 204.305, 204.306, 204.307, and 204.3075,
200	200	Occupations Code.
201	201	SECTION 4. A rehabilitation order under Chapter 167 or 204,
202	202	Occupations Code, entered into on or before January 1, 2010, is
203	203	governed by the law as it existed immediately before that date, and
204	204	that law is continued in effect for that purpose.
205	205	SECTION 5. Except as otherwise provided by this Act, this
206	206	Act takes effect September 1, 2009.