HBA-NMO, GUM H.B. 3083 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3083
By: Telford
Public Health
8/10/1999
Enrolled



BACKGROUND AND PURPOSE 

In 1996, the Texas State Board of Medical Examiners prohibited a health
care provider or practitioner in Texas from carrying out the orders of a
physician located outside Texas unless that physician has a reciprocal,
temporary out-of-state, or special purpose license.  However, some
outof-state physicians were reluctant to obtain such a license due to  time
and expense.  Therefore, a person, in order to continue health treatment
originally provided by another state, had to find a licensed Texas
physician to order a home health agency to provide the treatment.  Some
home health agencies, however, were reluctant to take responsibility for
someone who was not a regular patient of the in-state physician. 

H.B. 3083 provides an exemption from the Medical Practice Act to allow
licensed home and community support services agencies in Texas to accept
orders for care from a physician located in a state bordering Texas who is
the treating physician of a patient. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.06(i), Article 4495b, V.T.C.S. (Medical
Practice Act), to include among the exemptions from this subsection
(relating to regulation of the practice of medicine in this state), the
acts of a physician from a bordering state who is the treating physician of
a patient and orders certain home health or hospice services from a
specified agency for a resident of this state. Makes a conforming change. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.