HBA-EDN H.B. 3198 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3198
By: Maxey
State Affairs
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

In the interest of providing the health care consumer with helpful
information concerning physicians, legislation passed by the 76th
Legislature mandated the Texas State Board of Medical Examiners to provide
profiles of its licensees for the public.  These profiles are now available
on the Internet.  However, information that consumers may need in order to
make informed decisions about their chiropractors, podiatrists, dentists,
optometrists, physical therapists, occupational therapists, psychologists,
or pharmacists is not readily available to the health care consumer.   

Oftentimes, consumers must rely only on information from their insurance
companies or by word of mouth. These methods are not comprehensive or
objective.  Information such as educational background, number of years
licensed, and nationally recognized specialty certification, along with
information on past criminal conduct and malpractice claims, could be
helpful to consumers in making informed decisions when selecting a health
care professional.  To implement such a profile system would require the
licensing authorities to create their own unique program software or the
expansion of TexasOnline.  The former may be somewhat inefficient, but the
expansion of TexasOnline is feasible and would bring significant
improvements to assist all licensing authorities across Texas.  House Bill
3198 requires certain licensing authorities to create profiles of their
licensees and expands the TexasOnline website to assist individual
licensing authorities.       

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Chiropractic
Examiners in SECTION 3 (Section 201.206, Occupations Code) and SECTION 12;
the Texas State Board of Podiatric Medical Examiners in SECTION 4 (Section
202.206, Occupations Code) and SECTION 12; the State Board of Dental
Examiners in SECTION 5 (Section 255.009, Occupations Code) and SECTION 12;
the Texas Optometry Board in SECTION 6 (Section 351.206, Occupations Code)
and SECTION 12; the Texas Board of Physical Therapy Examiners in SECTION 7
(Section 453.156, Occupations Code) and SECTION 12; the Texas Board of
Occupational Therapy Examiners in SECTION 8 (Section 454.155, Occupations
Code) and SECTION 12; the Texas State Board of Examiners of Psychologists
in SECTION 9 (Section 501.207, Occupations Code) and SECTION 12; and the
Texas State Board of Pharmacy in SECTION 10 (Section 555.013, Occupations
Code) and SECTION 12 of this bill.   

ANALYSIS

House Bill 3198 amends the Government and Occupations codes relating to the
establishment of an electronic system for occupational licensing
transactions (electronic system), public access to certain information
regarding license holders, and fees imposed by occupational licensing
agencies. 

H.B. 3198 amends the Government Code to require the Department of
Information Resources (department) to administer a common electronic system
using the Internet through which a licensing authority can electronically: 

_send occupational licenses, profiles of license holders, and other
documents to persons  regulated by the licensing authority and to the
public; 

_receive applications for occupational licenses, complaints, and other
documents for filing from persons regulated by the licensing authority and
from the public, including documents that can be electronically signed if
necessary; and  

_receive required payments from persons regulated by the licensing
authority and from the public. 

The bill sets forth the licensing authorities which are required to
participate in an electronic system and authorizes a licensing authority
not listed in the bill to participate in the system, subject to department
approval.  The bill sets forth provisions relating to the implementation of
an electronic system and requires the department to charge fees in amounts
sufficient to cover the cost of implementation.  The bill requires the
department to adopt a schedule for implementing an electronic system not
later than April 1, 2002, which shall permit the initial group of licensing
authorities to perform their functions not later than September 1, 2002.
The bill requires the department to report to the presiding officer of each
house of the legislature and to the presiding officers of the committees of
each house of the legislature that have primary oversight jurisdiction over
the department or over a licensing authority listed in the bill, on the
department's progress in implementing an electronic system.  The bill
establishes steering committees for electronic occupational licensing
transactions and sets forth provisions relating to the composition and
duties of each committee. H.B. 3198 requires each licensing authority and
the department, no later than January 1, 2002, to appoint members of the
steering committee.  The bill specifies that provisions governing state
agency advisory committees do not apply to the size, composition, or
duration of the steering committee, and authorizes any reimbursement of
expenses to a member of the steering committee to be paid only from funds
available to the governmental entity the member represents (Secs.
2054.252-2054.254 and SECTION 12). 

House Bill 3198 amends the Occupations Code to require the Texas Board of
Chiropractic Examiners, the Texas State Board of Podiatric Medical
Examiners, the State Board of Dental Examiners, the Texas Optometry Board,
the Texas Board of Physical Therapy Examiners, the Texas Board of
Occupational Therapy Examiners, the Texas State Board of Pharmacy, and the
Texas State Board of Examiners of Psychologists (examiners) to create a
profile of each chiropractor, podiatrist, dentist, optometrist, therapeutic
optometrist, physical therapist, occupational therapist, psychologist, and
pharmacist (licensee) or their related facilities of employment.  The bill
provides that a profile must be compiled in a format that permits the
licensing authority to make the information contained in the profile
available to the public.  A profile must include information about the
licensee's education, certification, years of practice, hospital
privileges, office location, language abilities, criminal history,
disciplinary action, accessibility for the disabled, history of complaints,
and a description of the services provided (Secs. 201.206, 202.206,
255.009, 351.206, 453.156, 454.155, 501.207, and 555.103). 

The bill requires information required to be included in a profile that is
not maintained by an examiner in the ordinary course of its duties to be
obtained from a licensee or the facility where the licensee is employed at
the time the licensee or facility renews the license or registration.  In
requesting information from a licensee, the examiner is required to inform
the licensee or facility that compliance with the request for information
is mandatory, inform the licensee of the date that information will be made
available to the public, and instruct the licensee or facility about any
requirements regarding correction of errors in the profile.  These
provisions do not prevent an examiner from providing explanatory
information regarding the significance of categories in which malpractice
settlements are reported or require an examiner to disclose confidential
settlement information.  The bill prohibits a pending malpractice claim or
complaint from being disclosed to the public by an examiner, but does not
prevent the examiner from investigating and disciplining a licensee or
facility on the basis of such a claim or complaint.  The bill requires an
examiner to provide a licensee or facility with a copy of the profile upon
request and to update the information contained in the profile annually.
The bill also requires an examiner to adopt a form that allows a licensee
or facility to update or correct information contained in the profile.  The
bill authorizes an examiner to adopt rules concerning the type and content
of additional information that may be included in a profile and requires an
examiner to adopt rules as necessary to implement these provisions (Secs.
201.206, 202.206, 255.009,  351.206, 453.156, 454.155, 501.207, and
555.013).   

H.B. 3198 prohibits the Texas State Board of Medical Examiners from
adjusting a fee established on or before August 31, 2001, to an amount less
than the amount of the fee on August 31, 2001 (Sec. 153.051, Occupations
Code).  The bill repeals provisions relating to the adjustment of fees by
the Texas State Board of Medical Examiners (SECTION 11).  

An examiner required to establish a profile system shall adopt rules not
later than April 1, 2002, and make the initial profiles available to the
public not later than September 1, 2003.  The bill sets forth limits by
which each examiner may prescribe required fee increases (SECTION 12).     

EFFECTIVE DATE

September 1, 2001.