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.