HBA-MPM H.B. 2524 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2524 By: Capelo Public Health 4/1/1999 Introduced BACKGROUND AND PURPOSE The president of the Texas State Board of Medical Examiners (board) is responsible for appointing a three-member disciplinary panel, composed of board members, to determine if a person licensed to practice medicine in this state should have their license temporarily suspended. The person's license may be suspended without notice or hearing, provided the disciplinary panel initiates proceedings for a hearing in conjunction with the temporary suspension of the license, and provided that a hearing is held on the matter as soon as possible. These hearings are sometimes not held in a timely manner, causing prolonged suspension of the person's license. H.B. 2524 sets out time and procedural guidelines for the disciplinary panel of the board with respect to a hearing to suspend a license. 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 Sections 3.081(d) and (e), Article 4495b, V.T.C.S. (Medical Practice Act), as follows: (d) Includes Section 4.135 of this Act, in addition to Section 4.13, under which the provisions of this section shall not prevent or limit the authority of the Texas State Board of Medical Examiners (board) to take action to temporarily suspend a license. (e) Makes a conforming change. SECTION 2. Amends Section 4.02(m), Article 4495b, V.T.C.S. (Medical Practice Act), to make a conforming change. SECTION 3. Amends Section 4.13, Article 4495b, V.T.C.S. (Medical Practice Act), as follows: Sec. 4.13. New title: TEMPORARY SUSPENSION OF LICENSE FOLLOWING NOTICE AND HEARING. SECTION 4. Amends Sections 4.13(c) and (d), Article 4495b, V.T.C.S. (Medical Practice Act), as follows: (c) Deletes text authorizing a license to be suspended under this section without notice or hearing on the complaint, provided institution of proceedings for a hearing before the board is initiated simultaneously with the temporary suspension and provided that a hearing is held as soon as can be accomplished under the Administrative Procedure Act and this Act. (d) Adds Chapter 551 (Open Meetings), Government Code, and deletes Chapter 271, Acts of the 60th Legislature, Regular Session, 1967 (Article 6252-17, V.T.C.S.), under which a disciplinary panel is authorized to hold a meeting by telephone conference call if immediate action is required and the convening at one location of the disciplinary panel is inconvenient for any member of the panel. SECTION 5. Amends Subchapter D, Article 4495b, V.T.C.S. (Medical Practice Act), by adding Section 4.135, as follows: Sec. 4.135. TEMPORARY SUSPENSION OF LICENSE WITHOUT NOTICE OR HEARING. (a) Authorizes the board to temporarily suspend a person's license to practice medicine in this state without prior notice or hearing on a complaint if, after the license if temporary suspended: (1) the board president, with the board's approval, appoints a disciplinary panel consisting of three board members to conduct a hearing to determine whether the suspension of a license under this section should be withdrawn or affirmed; (2) The holder is given an opportunity to appear before the panel at the hearing to show compliance with all requirements of law for the retention of the license; and (3) the holder is given written notice no later than the 10th day before the hearing, by personal service or registered or certified mail, that includes information specific to the hearing; and (4) the hearing is held no later than the 14th day after the license is temporarily suspended or at another time to which the board and holder agree in writing. (b) Requires proceedings for a hearing under Chapter 2001 (Administrative Procedure), Government Code, and this Act to be initiated immediately if the disciplinary panel affirms the temporary suspension of the license. Furthermore, a hearing shall be held on the suspension as soon as can be accomplished. (c) Provides that if the disciplinary panel withdraws the temporary suspension of the license, the withdrawal takes effect immediately. (d) Requires the board to notify the license holder in writing, by personal service or by registered or certified mail, of the disciplinary panel's decision to affirm or withdraw the temporary suspension of the license no later than the third day after the panel hearing. Provides that if the board fails to provide notice within the time required by this subsection, the suspension is considered withdrawn. (e) Makes Section 4.13(c) of this Act applicable to a meeting of a disciplinary panel under this section. SECTION 6. Effective date: September 1, 1999. Makes application of this Act to a temporary suspension of a license by the board prospective. SECTION 7. Emergency clause.