HBA-JRA H.B. 677 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 677
By: Janek
Public Health
2/22/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas State Board of Medical Examiners is in the process of changing
the present institutional permit to a postgraduate resident permit.  As a
result, some county probate courts have determined that intern and resident
physicians providing medical services under an institutional permit do not
meet the definition of "physician" in the Texas Mental Health Code.  H.B.
677 redefines "physician" to include an intern or resident physician
providing medical services under an institutional permit at an approved
Texas postgraduate training program, for the purpose of completing a
certificate of medical examination for mental illness. 

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 574.009, Health and Safety Code, by adding
Subsection (e), as follows: 

(e)  Defines "physician," for the purposes of this section (Requirement of
Medical Examination), as a person who is licensed to practice medicine in
this state, is employed by a federal agency and has a license to practice
medicine in any state, or is an intern or resident physician providing
medical services under an institutional permit at a Texas postgraduate
training program approved by the Accreditation Council on Graduate Medical
Education, the American Osteopathic Association, or the Texas State Board
of Medical Examiners. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.