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


Office of House Bill AnalysisH.B. 3083
By: Telford
Public Health
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

In 1996, the Texas State Board of Medical Examiners issued a position
statement prohibiting 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.  Some physicians are reluctant to obtain such a license due to the
required time and expense. 
The statement has caused difficulties for border communities.  Currently,
in order for a person to continue health treatment originally provided by
another state, that person would have to find a licensed Texas physician to
order the care from a home health agency.  Some physicians, however, are
reluctant to take responsibility for someone who is not a regular patient
of the 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 physicians located in states bordering the State of
Texas. 

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 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.