HBA-TBM C.S.H.B. 3600 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3600 By: Capelo Public Health 4/30/2001 Committee Report (Substituted) 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. C.S.H.B. 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 C.S.H.B. 3600 amends the Occupations Code to provide that the identity of and reports made by a physician performing or supervising compliance monitoring for the State Board of Medical Examiners 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3600 differs from the original by conforming to Legislative Council style and format.