HBA-DMD C.S.H.B. 3758 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3758
By: Giddings
Business & Industry
4/16/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Under current law, a doctor licensed in another state is allowed to be on
the Texas Workforce Commission's (commission) list of approved doctors to
treat employees. C.S.H.B. 3758 authorizes doctors to apply to have their
names removed from the commission's list of approved doctors. This bill
prohibits a doctor licensed in another state but not licensed in Texas from
being on the commission's list of approved doctors that treat employees. It
also authorizes the commission to grant exceptions to certain requirements. 

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 408.023(a), Labor Code, to authorize a doctor to
apply in writing to the Texas Workers' Compensation Commission (commission)
to have the doctor's name removed from the list of approved doctors and
once removed from the list, the doctor is authorized to reapply to be
reinstated to the list. Provides that all doctors performing functions
under this Act and commission rules, including required medical
examinations under Section 408.004 (Required Medical Examinations;
Administrative Violation), Labor Code, and medical utilization review
evaluations for insurance carriers, must be on the approved doctor list in
order to perform services under the Act or to receive payment for services.
Prohibits a doctor, who is not licensed in this state but is licensed in
another state or jurisdiction, who treats employees or performs functions
under this Act, from being included on the commission's list of approved
doctors. Deletes the provision authorizing a doctor who is not licensed in
this state but is licensed in another state or jurisdiction, who treats
employees to apply to the commission to be included on the list. Authorizes
the commission to grant exceptions to this requirement in order to ensure
that employees residing out of the state have access to medical care and
the that commission can perform necessary review functions. 

SECTION 2.Effective date: January 1, 2000.

SECTION 3.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original bill in SECTION 1 (Section
408.023(a), Labor Code), by authorizing a doctor to apply in writing to the
Texas Workers' Compensation Commission (commission) to have that doctor's
name removed from the list of approved doctors and once removed from the
list, that doctor is authorized to reapply to be reinstated to the list. In
addition, this substitute provides that all doctors performing functions
under this Act and commission rules, must be on the approved doctor list in
order to perform services under the Act or to receive payment for services.
This substitute also prohibits a doctor, who is not licensed in this state
but is licensed in another state or jurisdiction, who treats employees or
performs functions under this Act, rather than who treats employees or
evaluates employee medical records, from being included on the commission's
list of approved doctors. This substitute authorizes the commission to
grant exceptions to this requirement in order to ensure that employees
residing out of the state have access to medical  care and that the
commission can perform necessary review functions.