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


Office of House Bill AnalysisH.B. 3600
By: Capelo
Public Health
3/22/2001
Introduced



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 (board). 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 board investigator to ensure that the physician is complying
with the terms of the board's 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 the board in a compliance file.  Current law
does not specifically state that a compliance file must be kept
confidential.  House Bill 3600 specifies that a compliance file 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 any material
received or developed by the State Board of Medical Examiners during
compliance monitoring is privileged and confidential.   

EFFECTIVE DATE

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