Texas 2009 - 81st Regular

Texas Senate Bill SB2077 Compare Versions

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1	1	By: Uresti S.B. No. 2077
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to physician residency programs, including physicians
7	7	shortage residency programs and oncology training in certain
8	8	residency programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 61, Education Code, is amended by adding
11	11	Subchapter I-1 to read as follows:
12	12	SUBCHAPTER I-1. CONTRACTS FOR PHYSICIAN SHORTAGE RESIDENCY
13	13	PROGRAMS
14	14	Sec. 61.511. DEFINITIONS. As used in this subchapter:
15	15	(1) "Medical school" means a medical school that is
16	16	part of The University of Texas System, the Texas Tech University
17	17	System, The Texas A&M University System, the University of North
18	18	Texas System, or the Baylor College of Medicine.
19	19	(2) "Approved physician shortage residency training
20	20	program" means a graduate medical education program that is
21	21	operated by a medical school, licensed hospital, or nonprofit
22	22	corporation and that has been approved for training physicians in a
23	23	shortage area identified by the Physician Shortage Residency
24	24	Advisory Committee.
25	25	Sec. 61.512. CONTRACTS. The board may contract with a
26	26	medical school, licensed hospital, or nonprofit corporation for the
27	27	purpose of establishing and operating an approved physician
28	28	shortage residency training program and may compensate the medical
29	29	school, licensed hospital, or nonprofit corporation on a formula
30	30	approved by the board based upon the number of resident physicians
31	31	in the training program.
32	32	Sec. 61.513. RULES. The board shall adopt rules to
33	33	implement this subchapter.
34	34	Sec. 61.514. DISBURSEMENTS. (a) Pursuant to a contract,
35	35	the board may disburse through the designated project director to a
36	36	medical school, licensed hospital, or nonprofit corporation funds
37	37	for the purpose of the graduate training of physicians in an
38	38	approved physician shortage residency training program. The
39	39	project director of the residency program shall, in accordance with
40	40	such rules as the board may adopt, make timely reports directly to
41	41	the board concerning the development and progress of the residency
42	42	training program.
43	43	(b) The board may establish by contract the method or manner
44	44	of the disbursement to the project director.
45	45	Sec. 61.515. ADVISORY COMMITTEE. (a) The Physician
46	46	Shortage Residency Advisory Committee is created and shall consist
47	47	of nine members, as follows:
48	48	(1) one member shall be a licensed physician appointed
49	49	by the Texas Osteopathic Medical Association;
50	50	(2) two members shall be administrators of hospitals
51	51	and shall be appointed by the Texas Hospital Association;
52	52	(3) two members shall be licensed physicians appointed
53	53	by the Texas Medical Association;
54	54	(4) three members of the public shall be appointed to
55	55	the committee by the governor; and
56	56	(5) one member representing the statewide health
57	57	coordinating council as determined by the chair of the council.
58	58	(b) The terms of office of each member shall be for three
59	59	years. Each member shall serve until a replacement has been
60	60	appointed to the committee.
61	61	(c) The members of the committee serve without
62	62	compensation, but shall be reimbursed by the board for actual
63	63	expenses incurred in the performance of duties as members of the
64	64	committee.
65	65	(d) The committee shall meet at least annually and so often
66	66	as requested by the board or called into meeting by the chairman.
67	67	(e) The chairman shall be elected by the members of the
68	68	committee for one year.
69	69	(f) The committee shall:
70	70	(1) review data from the statewide health coordinating
71	71	council and other resources to determine the physician shortages in
72	72	Texas;
73	73	(2) review for the board applications for approval and
74	74	funding of residency training programs and related support
75	75	programs;
76	76	(3) make recommendations to the board relating to the
77	77	disbursement of funds under this subchapter based on the following
78	78	criteria:
79	79	(A) residency programs which would expand
80	80	training opportunities in medical specialty areas in which there is
81	81	a shortage in Texas;
82	82	(B) residency programs which would be located in
83	83	medically underserved communities in Texas;
84	84	(C) residency programs in specialty areas in
85	85	which a substantial number of graduates of Texas medical schools
86	86	have left the state of Texas to pursue such training; or
87	87	(D) residency programs which would undertake
88	88	innovative approaches to residency training, including extensive
89	89	use of ambulatory facilities or the creation of medical homes for
90	90	patients; and
91	91	(4) perform such other duties as may be directed by the
92	92	board.
93	93	Sec. 61.516. FUNDING. The board may:
94	94	(1) receive and expend appropriations for purposes of
95	95	this subchapter, including funds generated by fees under Chapter
96	96	153, Occupations Code, in excess of the funds needed for the
97	97	purposes authorized by Section 153.052, Occupations Code; and
98	98	(2) accept gifts, grants, and donations of real or
99	99	personal property from any entity, subject to limitations or
100	100	conditions set by law, for the purposes of this subchapter.
101	101	Sec. 61.517. CONTRACTS SUBJECT TO AVAILABLE FUNDS.
102	102	Notwithstanding any other provision of this subchapter, the board
103	103	may not enter into a contract under this subchapter with respect to
104	104	an approved physician shortage residency training program unless
105	105	the board requests certification and the comptroller certifies that
106	106	the amount of appropriations or other money available for that
107	107	purpose equals or exceeds $3 million. The comptroller shall
108	108	publish the certification in the Texas Register.
109	109	SECTION 2. The heading to Subchapter I, Chapter 61,
110	110	Education Code, is amended to read as follows:
111	111	SUBCHAPTER I. CONTRACTS FOR FAMILY PRACTICE [MEDICAL] RESIDENCY
112	112	PROGRAMS
113	113	SECTION 3. Subsection (b), Section 51.918, Education Code,
114	114	is amended to read as follows:
115	115	(b) The Texas Higher Education Coordinating Board shall:
116	116	(1) encourage and coordinate the creation or expansion
117	117	of a rural preceptor program among medical schools, teaching
118	118	hospitals, nursing schools, and schools of allied health sciences;
119	119	and
120	120	(2) require family practice residency programs to
121	121	provide an opportunity for residents to have a one-month rotation
122	122	through:
123	123	(A) a rural setting; [and]
124	124	(B) a public health setting; and
125	125	(C) an oncology setting.
126	126	SECTION 4. The Texas Higher Education Coordinating Board
127	127	shall adopt rules to implement Subchapter I-1, Chapter 61,
128	128	Education Code, as added by this Act, not later than January 1,
129	129	2010.
130	130	SECTION 5. This Act does not make an appropriation. A
131	131	provision in this Act that creates a new governmental program,
132	132	creates a new entitlement, or imposes a new duty on a governmental
133	133	entity is not mandatory during a fiscal period for which the
134	134	legislature has not made a specific appropriation to implement the
135	135	provision.
136	136	SECTION 6. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2009.