Texas 2023 - 88th Regular

Texas House Bill HB148 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Johnson of Dallas, Bryant, Leach H.B. No. 148
2	2	(Senate Sponsor - Johnson)
3	3	(In the Senate - Received from the House May 3, 2023;
4	4	May 5, 2023, read first time and referred to Committee on Health &
5	5	Human Services; May 19, 2023, reported favorably by the following
6	6	vote: Yeas 8, Nays 0; May 19, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the Texas Medical Disclosure Panel.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 74.102, Civil Practice and Remedies
15	15	Code, is amended by amending Subsections (b), (c), (d), and (h) and
16	16	adding Subsection (i) to read as follows:
17	17	(b) The disclosure panel established herein is
18	18	administratively attached to the [Texas Department of] Health and
19	19	Human Services Commission. The commission [Texas Department of
20	20	Health], at the request of the disclosure panel, shall provide
21	21	administrative assistance to the panel; and the commission [Texas
22	22	Department of Health] and the disclosure panel shall coordinate
23	23	administrative responsibilities in order to avoid unnecessary
24	24	duplication of facilities and services. The commission [Texas
25	25	Department of Health], at the request of the panel, shall submit the
26	26	panel's budget request to the legislature. The panel shall be
27	27	subject, except where inconsistent, to the rules and procedures of
28	28	the commission [Texas Department of Health]; however, the duties
29	29	and responsibilities of the panel as set forth in this chapter shall
30	30	be exercised solely by the disclosure panel, and the executive
31	31	commissioner of the commission [board] or the commission [Texas
32	32	Department of Health] shall have no authority or responsibility
33	33	with respect to same.
34	34	(c) The disclosure panel is composed of 11 [nine] members,
35	35	with two members representing the public, at least one of whom has a
36	36	background in health literacy, three members licensed to practice
37	37	law in this state, at least one of whom is board certified in
38	38	personal injury trial law by the Texas Board of Legal
39	39	Specialization and at least one of whom is board certified in health
40	40	law by the Texas Board of Legal Specialization, and six members
41	41	licensed to practice medicine in this state. Members of the
42	42	disclosure panel shall be selected by the executive commissioner of
43	43	the Health and Human Services Commission [health].
44	44	(d) At the expiration of the term of each member of the
45	45	disclosure panel so appointed, the executive commissioner of the
46	46	Health and Human Services Commission shall select a successor, and
47	47	such successor shall serve for a term of six years, or until that
48	48	member's [his] successor is selected. Any member who is absent for
49	49	three consecutive meetings without the consent of a majority of the
50	50	disclosure panel present at each such meeting may be removed by the
51	51	executive commissioner at the request of the disclosure panel
52	52	submitted in writing and signed by the chairman. Upon the death,
53	53	resignation, or removal of any member, the executive commissioner
54	54	shall fill the vacancy by selection for the unexpired portion of the
55	55	term.
56	56	(h) Employees of the [Texas Department of] Health and Human
57	57	Services Commission shall serve as the staff for the panel.
58	58	(i) When appointing panel members representing the public,
59	59	the executive commissioner of the Health and Human Services
60	60	Commission may not appoint a registered lobbyist, a health care
61	61	provider or the spouse of a health care provider, or a person who
62	62	works in any health care-related field, including health insurance.
63	63	The executive commissioner shall give preference to persons with
64	64	experience in advocating for the public interest.
65	65	SECTION 2. The heading to Section 74.103, Civil Practice
66	66	and Remedies Code, is amended to read as follows:
67	67	Sec. 74.103. DUTIES OF DISCLOSURE PANEL; LIMITATIONS ON
68	68	AUTHORITY.
69	69	SECTION 3. Section 74.103, Civil Practice and Remedies
70	70	Code, is amended by adding Subsection (e) to read as follows:
71	71	(e) The panel is not authorized to take any action that may
72	72	be interpreted as changing the scope of practice authority of any
73	73	physician or health care provider.
74	74	SECTION 4. Not later than January 1, 2024, the executive
75	75	commissioner of the Health and Human Services Commission shall
76	76	appoint new members to the Texas Medical Disclosure Panel in
77	77	accordance with Section 74.102, Civil Practice and Remedies Code,
78	78	as amended by this Act.
79	79	SECTION 5. This Act takes effect September 1, 2023.
80	80	* * * * *