HBA-JEK H.B. 556 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 556
By: Maxey
Public Health
2/8/2001
Introduced



BACKGROUND AND PURPOSE 

In an effort to provide health care consumers with objective information
regarding their physicians, the 76th Legislature enacted legislation
requiring the Texas State Board of Medical Examiners to make profiles of
physicians available to the public.  These profiles are now available to
the public on the Internet.  House Bill 556 requires that profiles of
chiropractors, podiatrists, dentists, optometrists, physical therapists,
occupational therapists, psychologists, and pharmacists also be created and
made available to the public on the Internet. 

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 1 (Section 201.206, Occupations Code), the Texas State
Board of Podiatric Medical Examiners in SECTION 2 (Section 202.206,
Occupations Code), the State Board of Dental Examiners in SECTION 3
(Section 255.009, Occupations Code), the Texas Optometry Board in SECTION 4
(Section 351.206, Occupations Code), the Texas Board of Physical Therapy
Examiners in SECTION 5 (Section 453.156, Occupations Code), the Texas Board
of Occupational Therapy Examiners in SECTION 6 (Section 454.155,
Occupations Code), the Texas State Board of Examiners of Psychologists in
SECTION 7 (Section 501.207, Occupations Code), and the Texas State Board of
Pharmacy in SECTION 8 (Section 555.013, Occupations Code) of this bill.  

ANALYSIS

House Bill 556 amends the Occupations Code to require the following boards
of health care professionals (boards) to create and make available to the
public a profile for each of its health care professionals: Texas Board of
Chiropractic Examiners (SECTION 1), Texas State Board of Podiatric Medical
Examiners (SECTION 2), State Board of Dental Examiners (SECTION 3), Texas
Optometry Board (SECTION 4), Texas Board of Physical Therapy Examiners
(SECTION 5), Texas Board of Occupational Therapy Examiners (SECTION 6),
Texas State Board of Examiners for Psychologists (SECTION 7), and Texas
State Board of Pharmacy (SECTION 8).  The bill outlines the information to
be contained in the profile, including information regarding the health
care professional's practice, education, any speciality certification, and
a description of any criminal or disciplinary charges against the health
care professional. 

The bill prohibits a board from disclosing a pending malpractice claim or
complaint, but does not  prevent a board from investigating and
disciplining a health care professional on the basis of such a complaint.
The bill does not require a board to disclose confidential settlement
information.   The bill does not prevent a board from providing explanatory
information regarding malpractice settlements.    

The bill requires each board to obtain additionally needed information each
time its health care professionals renew their licenses.  The bill requires
each board to inform its health care professionals that it is mandatory to
provide the profile information, to disclose the date the information will
be made available to the public, and instruct the health care professional
that, on request, the board is required to provide a health care
professional with a copy of the profile at the time of the professional's
license renewal.  The bill requires each board to provide the health care
professional one month from the date the copy is provided to correct
factual errors in the profile.   

The bill requires a board to update its profile information annually, and
to adopt a form that allows each health care professional to update the
profile information.  The bill requires the form to be made available on
the Internet and in other formats as prescribed by board rule.  The bill
authorizes each board to adopt rules concerning the type and content of
additional information that may be included in a profile. 

The bill requires each state agency subject to these provisions to adopt
rules under these provisions no later than April 1, 2002, and make the
initial profiles available to the public no later than September 1, 2003.
The bill requires each state agency to raise fees to cover the costs of
implementing the profile system in an amount no greater than $20 for each
fiscal year in the 2002-2003 biennium and no greater than $10 for each
fiscal year in the 2004-2005 biennium.  The state agency is required to
reduce these increased fees no later than the second anniversary of the
date the profiles are made available to the public to the extent the
increase in fee amounts was necessary to cover the initial costs incurred
by the agency in establishing a profile system. 

EFFECTIVE DATE

September 1, 2001.