HBA-TBM H.B. 3600 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3600
By: Capelo
Public Health
7/9/2001
Enrolled



BACKGROUND AND PURPOSE 

Once a physician is determined to have violated the Medical Practice Act,
the physician may be placed under restrictions and requirements by order of
the Texas State Board of Medical Examiners (TSBME). These requirements and
restrictions provide guidelines that protect the public but also allow the
physician to improve his or her performance.  The physician is then
monitored by a TSBME investigator to ensure that the physician is complying
with the terms of the order.  The monitoring process may also involve a
review by another physician.  All reports filed by the investigator or the
monitoring physician along with drug and alcohol screenings are maintained
by TSBME in a compliance file.  Prior to the 77th Legislature, state law
did not specifically state that a compliance file must be kept
confidential.  House Bill 3600 specifies that information related to
compliance monitoring of physicians is confidential.   

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

House Bill 3600 amends the Occupations Code to provide that the identity of
and reports made by a physician performing or supervising compliance
monitoring for the Texas State Board of Medical Examiners is confidential.

EFFECTIVE DATE

June 15, 2001.