HBA-GUM H.B. 3083 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3083 By: Telford Public Health 4/16/1999 Committee Report (Amended) 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. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 In proposed Subdivision (i)(4), specifies that the physician who orders home health or hospice services is the treating physician of the patient.