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


Office of House Bill AnalysisC.S.H.B. 677
By: Janek
Public Health
2/26/1999
Committee Report (Substituted)



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.
C.S.H.B. 677 redefines "physician"  in the Texas Mental Health Code to
include a person authorized to perform medical services under an
institutional permit at an approved Texas postgraduate training program. 

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 571.003(18), Health and Safety Code, to include,
in the definition of "physician," a person authorized to perform medical
acts 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  Redefines "physician" for purposes of the entire Texas Mental
Health Code, rather than only for the purposes of completing a certificate
of medical examination for mental illness under Section 574.009, Health and
Safety Code, to include a person authorized to perform medical acts under
an institutional permit at an approved Texas postgraduate training program.