Texas 2009 - 81st Regular

Texas Senate Bill SB292 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 292
2	2
3	3
4	4	AN ACT
5	5	relating to the requirement that licensed physicians provide
6	6	emergency contact information to the Texas Medical Board and to the
7	7	creation of the Texas Physician Health Program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 156, Occupations Code, is
10	10	amended by adding Section 156.006 to read as follows:
11	11	Sec. 156.006. EMERGENCY CONTACT INFORMATION. (a) Each
12	12	license holder shall submit to the board telephone numbers, fax
13	13	numbers, and e-mail addresses, if available and as appropriate,
14	14	that the board may use to contact the license holder in an
15	15	emergency.
16	16	(b) A license holder who receives an initial registration
17	17	permit shall provide the information required under Subsection (a)
18	18	not later than the 30th day after the date the permit is issued.
19	19	Each license holder who applies to renew a registration permit
20	20	shall submit the information required under Subsection (a) with the
21	21	renewal application.
22	22	(c) A license holder shall report to the board any change in
23	23	the information required under Subsection (a) not later than the
24	24	45th day after the date of the change.
25	25	(d) The information provided by a license holder under this
26	26	section is confidential and is not subject to disclosure under
27	27	Chapter 552, Government Code. The board may not publish, release,
28	28	or make available information provided by a license holder under
29	29	this section except as provided by Subsection (e).
30	30	(e) In the event of a public health emergency declared or
31	31	invoked by the governor, the Department of State Health Services,
32	32	or a federal agency, the board may publish, release, or make
33	33	available information provided by a license holder under this
34	34	section for the sole purpose of disseminating information to:
35	35	(1) a license holder;
36	36	(2) a designated city, county, state, or federal
37	37	public health or emergency management official; or
38	38	(3) the Federation of State Medical Boards.
39	39	SECTION 2. (a) Subtitle B, Title 3, Occupations Code, is
40	40	amended by adding Chapter 167 to read as follows:
41	41	CHAPTER 167. TEXAS PHYSICIAN HEALTH PROGRAM
42	42	Sec. 167.001. DEFINITIONS. In this chapter:
43	43	(1) "Committee" means the Physician Health and
44	44	Rehabilitation Advisory Committee established under this chapter.
45	45	(2) "Governing board" means the governing board of the
46	46	program.
47	47	(3) "Medical director" means a person appointed under
48	48	Section 167.002 to oversee the program.
49	49	(4) "Physician assistant board" means the Texas
50	50	Physician Assistant Board established under Chapter 204.
51	51	(5) "Program" means the Texas Physician Health Program
52	52	established under this chapter.
53	53	(6) "Program participant" means a physician or
54	54	physician assistant who receives services under the program.
55	55	Sec. 167.002. MEDICAL DIRECTOR. (a) The board shall
56	56	appoint a medical director for the program.
57	57	(b) The medical director must:
58	58	(1) be a physician licensed by the board; and
59	59	(2) have expertise in a field of medicine relating to
60	60	disorders commonly affecting physicians or physician assistants,
61	61	including substance abuse disorders.
62	62	(c) The medical director shall provide clinical and policy
63	63	oversight for the program.
64	64	Sec. 167.003. GOVERNING BOARD. (a) The president of the
65	65	board shall appoint persons to serve on the governing board of the
66	66	program. The appointees shall include physicians, physician
67	67	assistants, and other related professionals with experience
68	68	addressing health conditions commonly found in the population of
69	69	monitored physicians or physician assistants.
70	70	(b) The governing board shall:
71	71	(1) provide advice and counsel to the board; and
72	72	(2) establish policy and procedures for the operation
73	73	and administration of the program.
74	74	(c) The board, with the advice and in consultation with the
75	75	physician assistant board and Texas-based professional
76	76	associations of physicians and physician assistants, shall adopt
77	77	rules relating to the appointment of members to the governing
78	78	board, including length of terms, procedures for filling a vacancy,
79	79	and conflict-of-interest provisions.
80	80	Sec. 167.004. PHYSICIAN HEALTH AND REHABILITATION ADVISORY
81	81	COMMITTEE. (a) The governing board shall appoint physicians to
82	82	the Physician Health and Rehabilitation Advisory Committee who have
83	83	experience in disorders commonly affecting physicians or physician
84	84	assistants.
85	85	(b) The committee shall assist the governing board by making
86	86	recommendations on the request of the governing board.
87	87	(c) The board, with the advice and in consultation with the
88	88	physician assistant board and Texas-based professional
89	89	associations of physicians and physician assistants, shall adopt
90	90	rules relating to the appointment of members to the committee,
91	91	including length of terms, procedures for filling a vacancy, and
92	92	conflict-of-interest provisions.
93	93	(d) Chapter 2110, Government Code, does not apply to the
94	94	committee.
95	95	Sec. 167.005. TEXAS PHYSICIAN HEALTH PROGRAM. (a) The
96	96	Texas Physician Health Program is established to promote:
97	97	(1) physician and physician assistant wellness; and
98	98	(2) treatment of all health conditions that have the
99	99	potential to compromise the physician's or physician assistant's
100	100	ability to practice with reasonable skill and safety, including
101	101	mental health issues, substance abuse issues, and addiction issues.
102	102	(b) The program is a confidential, nondisciplinary
103	103	therapeutic program for physicians and physician assistants.
104	104	(c) The program is administratively attached to the board.
105	105	Sec. 167.006. RULES. The board, with the advice of and in
106	106	consultation with the governing board, committee, and Texas-based
107	107	professional associations of physicians and physician assistants,
108	108	shall:
109	109	(1) adopt rules and policies as necessary to implement
110	110	the program, including:
111	111	(A) policies for assessments under the program
112	112	and guidelines for the validity of a referral to the program;
113	113	(B) policies and guidelines for initial contacts
114	114	used to determine if there is a need for a physician or physician
115	115	assistant to complete a clinically appropriate evaluation or to
116	116	enter treatment, including policies and guidelines for
117	117	arrangements for that evaluation or treatment; and
118	118	(C) policies and guidelines for interventions
119	119	conducted under the program; and
120	120	(2) define applicable guidelines for the management of
121	121	substance abuse disorders, psychiatric disorders, and physical
122	122	illnesses and impairments.
123	123	Sec. 167.007. OPERATION OF PROGRAM. (a) The program must
124	124	include provisions for:
125	125	(1) continuing care, monitoring, and case management
126	126	of potentially impairing health conditions, including provisions
127	127	for cooperation with the evaluating or treating facility;
128	128	(2) ongoing monitoring for relapse, including random
129	129	drug testing, consultations with other physician health and
130	130	rehabilitation committees, work site monitors, and treating health
131	131	professionals, including mental health professionals; and
132	132	(3) other physician and physician assistant health and
133	133	rehabilitation programs to operate under an agreement with the
134	134	program, using established guidelines to ensure uniformity and
135	135	credibility of services throughout this state.
136	136	(b) The program must ensure appropriate communications with
137	137	the board, the physician assistant board, other state licensing
138	138	boards, and physician health and rehabilitation programs.
139	139	(c) The program shall use physicians or other health care
140	140	professional experts or consultants, as appropriate, when
141	141	necessary to evaluate, recommend solutions for, or resolve a
142	142	medical dispute.
143	143	Sec. 167.008. REFERRALS TO PROGRAM. (a) The program shall
144	144	accept a self-referral from a physician or physician assistant and
145	145	referrals from an individual, a physician health and rehabilitation
146	146	committee, a physician assistant organization, a state physician
147	147	health program, a hospital or hospital system licensed in this
148	148	state, a residency program, the board, or the physician assistant
149	149	board.
150	150	(b) A physician or physician assistant may refer the
151	151	physician or physician assistant to the program.
152	152	(c) The program may not accept a referral, except as
153	153	provided by board rules, for a violation of the standard of care as
154	154	a result of drugs or alcohol or boundary violations with a patient
155	155	or a patient's family.
156	156	Sec. 167.009. REFERRAL BY BOARD OR PHYSICIAN ASSISTANT
157	157	BOARD AS PREREQUISITE FOR ISSUING OR MAINTAINING A LICENSE.
158	158	(a) The board or the physician assistant board, through an agreed
159	159	order or after a contested proceeding, may make a referral to the
160	160	program and require participation in the program by a specified
161	161	physician or physician assistant as a prerequisite for issuing or
162	162	maintaining a license under Chapter 155 or 204.
163	163	(b) The board or the physician assistant board may
164	164	discipline a physician or physician assistant required to
165	165	participate in the program under Subsection (a) who does not
166	166	participate in the program.
167	167	(c) Each program participant is individually responsible
168	168	for payment of the participant's own medical costs, including any
169	169	required evaluations, primary treatment, and continuing care.
170	170	Sec. 167.010. CONFIDENTIALITY. (a) Each referral,
171	171	proceeding, report, investigative file, record, or other
172	172	information received, gathered, created, or maintained by the
173	173	program or its employees, consultants, work site monitors, or
174	174	agents relating to a physician or physician assistant is privileged
175	175	and confidential and is not subject to disclosure under Chapter
176	176	552, Government Code, or to discovery, subpoena, or other means of
177	177	legal compulsion for release to any person except as provided by
178	178	this chapter.
179	179	(b) Notwithstanding Subsection (a), the program may report
180	180	to the board or the physician assistant board, as appropriate, the
181	181	name and pertinent information relating to impairment of a
182	182	physician or physician assistant.
183	183	(c) Notwithstanding Subsection (a), the program shall make
184	184	a report to the board or the physician assistant board, as
185	185	appropriate, regarding a physician or physician assistant if the
186	186	medical director or the governing board determines that the
187	187	physician or physician assistant poses a continuing threat to the
188	188	public welfare. If requested by the board or the physician
189	189	assistant board, a report under this subsection must include all
190	190	information in the possession or control of the program.
191	191	Sec. 167.011. FUNDING; FEES. (a) The Texas physician
192	192	health program account is a special account in the general revenue
193	193	fund. Funds in the account may be appropriated only to the board
194	194	for administration of the program.
195	195	(b) The board by rule shall set and collect reasonable and
196	196	necessary fees from program participants in amounts sufficient to
197	197	offset, to the extent reasonably possible, the cost of
198	198	administering this chapter.
199	199	(c) Each program participant shall pay an annual fee to
200	200	partially offset the cost of participation and monitoring services.
201	201	(d) The board shall deposit fees collected under this
202	202	section to the credit of the account established under Subsection
203	203	(a).
204	204	(e) The board may grant a waiver to the fee imposed under
205	205	Subsection (c). The board shall adopt rules relating to the
206	206	issuance of a waiver under this subsection.
207	207	(b) Subsection (d), Section 153.051, Occupations Code, is
208	208	amended to read as follows:
209	209	(d) The board may not set, charge, collect, receive, or
210	210	deposit any of the following fees in excess of:
211	211	(1) $900 for a license;
212	212	(2) $400 for a first registration permit;
213	213	(3) $200 for a temporary license;
214	214	(4) $400 for renewal of a registration permit;
215	215	(5) $200 for a physician-in-training permit;
216	216	(6) $600 for the processing of an application and the
217	217	issuance of a registration for anesthesia in an outpatient setting;
218	218	(7) $200 for an endorsement to other state medical
219	219	boards;
220	220	(8) $200 for a duplicate license; [or]
221	221	(9) $700 for a reinstated license after cancellation
222	222	for cause; or
223	223	(10) $1,200 for an annual fee under Section 167.011(c)
224	224	for a program participant in the Texas Physician Health Program.
225	225	(c) Effective January 1, 2010, the following laws are
226	226	repealed:
227	227	(1) Sections 164.202, 164.203, 164.204, and 164.205,
228	228	Occupations Code; and
229	229	(2) Sections 204.305, 204.306, 204.307, and 204.3075,
230	230	Occupations Code.
231	231	(d) A rehabilitation order under Chapter 167 or 204,
232	232	Occupations Code, entered into on or before January 1, 2010, is
233	233	governed by the law as it existed immediately before that date, and
234	234	that law is continued in effect for that purpose.
235	235	SECTION 3. Not later than December 1, 2009, each person who
236	236	holds a license to practice medicine under Chapter 155, Occupations
237	237	Code, shall make the initial submission to the Texas Medical Board
238	238	of the information required by Subsection (a), Section 156.006,
239	239	Occupations Code, as added by this Act.
240	240	SECTION 4. This Act takes effect September 1, 2009.
241	241	______________________________ ______________________________
242	242	President of the Senate Speaker of the House
243	243	I hereby certify that S.B. No. 292 passed the Senate on
244	244	March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
245	245	the Senate concurred in House amendment on May 30, 2009, by the
246	246	following vote: Yeas 31, Nays 0.
247	247	______________________________
248	248	Secretary of the Senate
249	249	I hereby certify that S.B. No. 292 passed the House, with
250	250	amendment, on May 27, 2009, by the following vote: Yeas 148,
251	251	Nays 0, one present not voting.
252	252	______________________________
253	253	Chief Clerk of the House
254	254	Approved:
255	255	______________________________
256	256	Date
257	257	______________________________
258	258	Governor