HBA-CCH H.B. 2730 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2730
By: Gray
Civil Practices
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Disputes over the scope of practice of health care professionals are
generated by the crossover of services and may develop from an attempt to
increase access to health care by expanding the practice of particular
health care professionals.  The high level of complexity and specialized
knowledge make scope of practice disputes among the most contentious and
time-consuming issues that the legislature addresses.  In addition to the
complexity of the debates, the brevity of the biannual legislative session
compounds legislators' difficulty in navigating through these issues.
House Bill 2730 proposes a process in which health care practitioners
participate in alternative dispute resolution proceedings.  

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. 

ANALYSIS

House Bill 2730 amends the Civil Practice and Remedies Code to authorize a
health care professional group (group) that seeks the enactment of health
care profession draft legislation (draft legislation) to conduct a dispute
resolution proceeding relating to the draft legislation (Sec. 156.003).
The bill authorizes the chair of any committee of the senate or house of
representatives to require that the committee postpone consideration of
draft legislation until after an alternative dispute resolution proceeding
relating to the draft legislation (Sec. 156.004).  The bill authorizes a
group to seek the enactment of draft legislation and to choose any
appropriate alternative dispute resolution procedure including mediation
(Sec. 156.005). The bill specifies the parties to the alternative dispute
resolution proceeding and sets forth provisions relating to the payment for
the proceeding (Sec. 156.006 and 156.007).  
The bill requires the mediator to assure that all groups of the health care
professions affected by the draft legislation that are the subject of the
alternative dispute resolution proceeding have been notified of and invited
to participate in the proceeding (Sec. 156.008).  The bill requires the
alternative dispute resolution proceeding to consider the necessity of the
draft legislation, the benefit or harm to the public, the extent to which
the public can be confident that the health care professionals whose
practice will be affected will be competent, the extent to which the draft
legislation may restrict entry into practice and require health care
professionals from other states who decide to practice in Texas to undergo
new training, any cost to the state and the public, and any objections
raised by health care professionals affected by the draft legislation and
the validity of the objections (Sec. 156.009).   

The bill requires the mediator to prepare and send a report to the parties
of the proceeding, the lieutenant governor, the speaker of the house of
representatives, and the chairs of the appropriate committees in the senate
and house of representatives and specifies the general content the report
must contain (Sec. 156.010).  On or after the 60th day after the date the
mediator sends its report, the lieutenant governor, the speaker of the
house of representatives or the chairs of the committees may request that
the State Office of Administrative Hearings conduct a hearing or an
alternative dispute resolution procedure relating to the subject matter of
the report.  The bill sets forth provisions related to the nature of the
hearing or proceeding, the required subject matter of the hearing or
proceeding, the required mediator's report and who shall  receive the
report, and the payment for the hearing or proceeding (Sec. 156.011).   

EFFECTIVE DATE

September 1, 2001.