HBA-NRS C.S.S.B. 1300 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1300
By: Cain
Public Health
4/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law provides that practicing medicine without an annual
registration receipt for the current year has the same effect, and is
subject to all penalties of, practicing medicine without a license. Current
law also provides that a physician is allowed a 30-day grace period for
payment of the annual registration fee from the date of the expiration of
the license. Current law is inconsistent regarding whether a physician who
does not pay the annual registration fee by the expiration date, but does
pay the fee within the 30-day grace period is or is not practicing without
a license during that period.  This inconsistency creates problems for
hospitals and other health care entities involved in credentialing
physicians. Physicians who have not paid the annual registration fee in
time to allow for the posting of the fee and the updating of the new
expiration date of the registration may be considered to have an expired
registration. C.S.S.B. 1300 seeks to clarify current law by providing that
a physician is not considered to be practicing medicine without a license
during the 30-day grace period. 

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.S.B. 1300 amends the Occupations Code to provide that practicing
medicine after the expiration of the 30-day grace period for payment of the
annual registration fee following an expiration of an annual registration
permit that has not been renewed for the current year has the same effect
as, and is subject to all penalties of, practicing medicine without a
license. 

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.S.B. 1300 modifies the original bill to conform to Texas Legislative
Council style and format.