HBA-NRS C.S.H.B. 2942 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2942
By: Capelo
Public Health
4/11/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law provides that practicing medicine without an annual
registration receipt for the current year has the same effect, and is
subject to all penalties of, practicing medicine without a license. Current
law also provides that a physician is allowed a 30-day grace period for
payment of the annual registration fee from the date of the expiration of
the license. Current law is inconsistent regarding whether a physician who
does not pay the annual registration fee by the expiration date, but does
pay the fee within the 30-day grace period is or is not practicing without
a license during that period.  This inconsistency creates problems for
hospitals and other health care entities involved in credentialing
physicians. Physicians who have not paid the annual registration fee in
time to allow for the posting of the fee and updating of the new expiration
date of the registration, may be considered to have an expired
registration. C.S.H.B. 2942 seeks to clarify current law by providing that
a physician is not considered to be practicing medicine without a license
during the 30-day grace period. 

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. 

ANALYSIS

C.S.H.B. 2942 amends the Occupations Code to provide that practicing
medicine after the expiration of the 30-day grace period for the payment of
the annual registration fee from the date of the expiration of the license
following expiration of an annual registration permit that has not been
renewed for the current year has the same effect as, and is subject to all
penalties of, practicing medicine without a license.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2942 conforms to Texas Legislative Council style and format.