85R31045 KEL-D
By: Schwertner, et al. S.B. No. 1066
(Lozano)
Substitute the following for S.B. No. 1066: No.
A BILL TO BE ENTITLED
AN ACT
relating to meeting the graduate medical education needs of new
medical degree programs offered by public institutions of higher
education and to the employment status of certain residents
participating in certain graduate medical education programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.05122 to read as follows:
Sec. 61.05122. GRADUATE MEDICAL EDUCATION REQUIREMENT FOR
NEW MEDICAL DEGREE PROGRAMS. (a) In this section, "graduate
medical education program" has the meaning assigned by Section
58A.001.
(b) As soon as practicable after an institution of higher
education completes preliminary planning for a new doctor of
medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree
program, the institution promptly shall provide to the board a
specific plan regarding the addition of first-year residency
positions for the graduate medical education program to be offered
in connection with the new degree program. The plan must propose an
increase in the number of those first-year residency positions
that, when combined with the total number of existing first-year
residency positions in this state, will be sufficient to reasonably
accommodate the number of anticipated graduates from all doctor of
medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree
programs that are offered in this state, including the degree
program proposed by the institution, and to provide adequate
opportunity for those graduates to remain in this state for the
clinical portion of their education.
(c) Submission of a plan described by this section is a
prerequisite for the board's approval of the proposed degree
program.
(d) An institution's projected increase in first-year
residency positions is presumed to be sufficient in its plan if the
increase will achieve the purposes of this section with respect to
all graduates from degree programs described by this section that
are offered or will be offered by the institution.
(e) The institution may consult with the board as necessary
to develop the plan required by this section.
SECTION 2. Section 312.003, Health and Safety Code, is
amended to read as follows:
Sec. 312.003. AGREEMENT REQUIRED. This chapter applies
only if the [a] medical and dental unit or [and a] supported medical
or dental school agrees [agree], either directly or through a
coordinating entity, to provide or cause to be provided medical,
dental, or other patient care or services or to perform or cause to
be performed medical, dental, or clinical education, training, or
research activities in a coordinated or cooperative manner in a
public or nonprofit hospital.
SECTION 3. Section 312.007, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) A resident engaged in graduate medical education in a
public or nonprofit hospital in association with a medical and
dental unit is an employee of a state agency regardless of whether
the resident receives a stipend or other payment from the medical
and dental unit for services performed as a resident.
SECTION 4. 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, 2017.