By: Uresti S.B. No. 2077
A BILL TO BE ENTITLED
AN ACT
relating to physician residency programs, including physicians
shortage residency programs and oncology training in certain
residency programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 61, Education Code, is amended by adding
Subchapter I-1 to read as follows:
SUBCHAPTER I-1. CONTRACTS FOR PHYSICIAN SHORTAGE RESIDENCY
PROGRAMS
Sec. 61.511. DEFINITIONS. As used in this subchapter:
(1) "Medical school" means a medical school that is
part of The University of Texas System, the Texas Tech University
System, The Texas A&M University System, the University of North
Texas System, or the Baylor College of Medicine.
(2) "Approved physician shortage residency training
program" means a graduate medical education program that is
operated by a medical school, licensed hospital, or nonprofit
corporation and that has been approved for training physicians in a
shortage area identified by the Physician Shortage Residency
Advisory Committee.
Sec. 61.512. CONTRACTS. The board may contract with a
medical school, licensed hospital, or nonprofit corporation for the
purpose of establishing and operating an approved physician
shortage residency training program and may compensate the medical
school, licensed hospital, or nonprofit corporation on a formula
approved by the board based upon the number of resident physicians
in the training program.
Sec. 61.513. RULES. The board shall adopt rules to
implement this subchapter.
Sec. 61.514. DISBURSEMENTS. (a) Pursuant to a contract,
the board may disburse through the designated project director to a
medical school, licensed hospital, or nonprofit corporation funds
for the purpose of the graduate training of physicians in an
approved physician shortage residency training program. The
project director of the residency program shall, in accordance with
such rules as the board may adopt, make timely reports directly to
the board concerning the development and progress of the residency
training program.
(b) The board may establish by contract the method or manner
of the disbursement to the project director.
Sec. 61.515. ADVISORY COMMITTEE. (a) The Physician
Shortage Residency Advisory Committee is created and shall consist
of nine members, as follows:
(1) one member shall be a licensed physician appointed
by the Texas Osteopathic Medical Association;
(2) two members shall be administrators of hospitals
and shall be appointed by the Texas Hospital Association;
(3) two members shall be licensed physicians appointed
by the Texas Medical Association;
(4) three members of the public shall be appointed to
the committee by the governor; and
(5) one member representing the statewide health
coordinating council as determined by the chair of the council.
(b) The terms of office of each member shall be for three
years. Each member shall serve until a replacement has been
appointed to the committee.
(c) The members of the committee serve without
compensation, but shall be reimbursed by the board for actual
expenses incurred in the performance of duties as members of the
committee.
(d) The committee shall meet at least annually and so often
as requested by the board or called into meeting by the chairman.
(e) The chairman shall be elected by the members of the
committee for one year.
(f) The committee shall:
(1) review data from the statewide health coordinating
council and other resources to determine the physician shortages in
Texas;
(2) review for the board applications for approval and
funding of residency training programs and related support
programs;
(3) make recommendations to the board relating to the
disbursement of funds under this subchapter based on the following
criteria:
(A) residency programs which would expand
training opportunities in medical specialty areas in which there is
a shortage in Texas;
(B) residency programs which would be located in
medically underserved communities in Texas;
(C) residency programs in specialty areas in
which a substantial number of graduates of Texas medical schools
have left the state of Texas to pursue such training; or
(D) residency programs which would undertake
innovative approaches to residency training, including extensive
use of ambulatory facilities or the creation of medical homes for
patients; and
(4) perform such other duties as may be directed by the
board.
Sec. 61.516. FUNDING. The board may:
(1) receive and expend appropriations for purposes of
this subchapter, including funds generated by fees under Chapter
153, Occupations Code, in excess of the funds needed for the
purposes authorized by Section 153.052, Occupations Code; and
(2) accept gifts, grants, and donations of real or
personal property from any entity, subject to limitations or
conditions set by law, for the purposes of this subchapter.
Sec. 61.517. CONTRACTS SUBJECT TO AVAILABLE FUNDS.
Notwithstanding any other provision of this subchapter, the board
may not enter into a contract under this subchapter with respect to
an approved physician shortage residency training program unless
the board requests certification and the comptroller certifies that
the amount of appropriations or other money available for that
purpose equals or exceeds $3 million. The comptroller shall
publish the certification in the Texas Register.
SECTION 2. The heading to Subchapter I, Chapter 61,
Education Code, is amended to read as follows:
SUBCHAPTER I. CONTRACTS FOR FAMILY PRACTICE [MEDICAL] RESIDENCY
PROGRAMS
SECTION 3. Subsection (b), Section 51.918, Education Code,
is amended to read as follows:
(b) The Texas Higher Education Coordinating Board shall:
(1) encourage and coordinate the creation or expansion
of a rural preceptor program among medical schools, teaching
hospitals, nursing schools, and schools of allied health sciences;
and
(2) require family practice residency programs to
provide an opportunity for residents to have a one-month rotation
through:
(A) a rural setting; [and]
(B) a public health setting; and
(C) an oncology setting.
SECTION 4. The Texas Higher Education Coordinating Board
shall adopt rules to implement Subchapter I-1, Chapter 61,
Education Code, as added by this Act, not later than January 1,
2010.
SECTION 5. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.