Archive CSHB 3816, May 06, 2009
 TXPPR Staff Editor
May 06, 2009
Take Immediate Action! Hearing on SB 2336 scheduled today, May 5th, 2009
May 5, 2009
We are at a critical turning point in our efforts to revise the Texas Medical Practice Act. SB 2336 is the companion bill of CSHB 3816 which passed the House Public Health Committee last week by a vote of 10-1. Remember that all legislation must pass both the House and Senate. SB 2336 and HB 3816 have been introduced in the 2009 Texas Legislature in order to require transparency of the actions of the Texas Medical Board (TMB), ensure legal due process and to protect patients’ and physicians’ rights.
SB 2336 has been set for a committee hearing today, May 5, 2009 at 9:00am in the Senate Chamber on the second floor of the Capitol. It is essential that we have a large contingency of supporters in the room by 8:45am. Your presence will have a dramatic impact upon the senators.
You will not need to speak before the committee but simply be present to show your support of SB 2336. We will have a petition supporting SB 2336 which will be circulated tomorrow morning prior to the committee hearing for you to sign. This petition will then be submitted to the Health and Human Services Committee during the hearing.
Encourage your fellow colleagues, members of your family, friends and staff to join you in Austin.
Please contact the members of the Health and Human Services Committee today asking them to support SB 2336. Please be sure to have your staff and patients do likewise. When your staff calls it will be more effective if they use their personal cell phones.
2009 Senate Committee on Health and Human Services
Chair:
Senator Jane Nelson (R-12)
(512) 463-0112
jane.nelson@senate.state.tx.us
Steve Roddy – Chief of Staff
steve.roddy@senate.state.tx.us
Nnenna Ezekoye Policy Analyst
Nnenna.ezekoye@senate.state.tx.us
Dave Nelson – Legislative Aide
Dave.nelson@senate.state.tx.us
Vice-Chair:
Senator Bob Deuell (R-2)
(512) 463-0102
bob.deuell@senate.state.tx.us
Don T. Forse, Jr. – Chief Staff
Don.forse@senate.state.tx.us
Scot Kibde – Legislative/Health Policy
Scot.kibb@senate.state.tx.us
Members:
Senator Joan Huffman (R-17)
(512) 463-0117
joan.huffman@senate.state.tx.us
Jonathon Stinson – Legislative Director
Jonathon.stinson@senate.state.tx.us
Kyle Kamrath – Policy Director
Kyle.kamrath@senate.state.tx.us
Ryan Hutchison - Legislative Aide
ryan.hutchison@senate.state.tx.us
Senator Robert Nichols (R-3)
(512) 463-0103
Robert.nichols@senate.state.tx.us
Steven Albright – Chief of Staff
Steven.albright@senate.state.tx.us
Adrianne Emr
Adrianne.emr@senate.state.tx.us
Angus Lupton – Policy Director
Angus.lupton@senate.state.tx.us
Senator Dan Patrick (R-7)***introduced and supports SB 2336
(512) 463-0107
Dan.patrick@senate.state.tx.us
Logan Spence JD - Legislative Director
logan.spence@senate.state.tx.us
Suzanne Tomlin – Policy
Suzanne.tomlin@senate.state.tx.us
Senator Eliot Shapleigh (D-29)
(512) 463-0129
eliot.shapleigh@senate.state.tx.us
Eduardo Hagert – Chief of Staff
Eduardo.hagert@senate.state.tx.us
Sushma Jasti – Policy Director
Sushma.jasti@senate.state.tx.us
Senator Carlos Uresti (D-19)
(512) 463-0119
carlos.uresti@senate.state.tx.us
Tomas Larralde – Chief of Staff
Tomas.larralde@senate.state.tx.us.
Rachel Johnston – Legislative/Policy Director
Rachel.johnston@senate.state.tx.us
Senator Royce West (D-23)
(512) 463-0123
royce.west@senate.state.tx.us
LaJuana Barton – Chief of Staff
Lajuana.barton@senate.state.tx.us
Graham Keever – Policy Analyst
Graham.keever@senate.state.tx.us
Senator Judith Zaffirini (D-21)
(512) 463-0121
judith.zaffirini@senate.state.tx.us
Warren von Eschenbach – Chief of Staff
Warren.voneschenbach@senate.state.tx.us
Jessica Ramos – Legislative Aide/Policy
Jessica.ramos@senate.state.tx.us
Clare Duncan
Clare.duncan@senate.state.tx.us
Synopsis of the C.S.S.B. 2336/C.S.H.B. 3816
Eliminate anonymous complaints and provide the accused physician with a copy of the complaint (with narrow exceptions).
Abuse of the complaint process by insurance companies shall be grounds for imposing sanctions by the commissioner of the Texas Dep’t of Insurance.
A reasonable time of 45 days to respond to complaints (currently the physician must respond in only 14 days, which is far too short for a defense).
Prohibition of conflicts of interests by TMB members.
Expert witnesses must be actively practicing medicine in the same or similar specialty as the accused physician, and the expert shall review the record with the patients’ and physicians’ identities redacted.
No more disregard by the TMB of expert testimony that exonerates physicians subject to complaints; such reports must be provided to the physicians.
Transparency by requiring disclosure of the list of names of persons who served on the ISC disciplinary panels during the prior year.
A seven-year statute of limitations on complaints to prevent the current practice of abusive complaints that go back as far as 29 years.
A physician may practice medicine in a manner currently taught by an accredited organization, and the Board may not direct a physician in how to practice medicine except to prevent actual harm or an imminent risk of harm.
Physicians may request the recording of the ISC disciplinary proceeding.
The Board must accept the findings of the administrative law judge or contest them in a legal proceeding, rather than ignoring them as the Board does now.
The Board shall not discipline a physician for allegedly non-therapeutic care unless it has a likelihood of harm to a patient.
Doctors, like attorneys, deserve a right to a jury trial before license revocation.
You may visit the website of the Texans for Patients’ and Physicians’ Rights (TXPPR), www.txppr.com, to read the entire bill, which contains the underlined changes, and to review the more complete analysis of the changes which are being proposed.
Please be sure to forward this email to your distribution lists and ask them to participate with you. Again, time is of the essence.
You may visit Texans for Patients’ and Physicians’ Rights, www.txppr.org to review a copy of the bill as well as a synopsis and summary of the bill.
Confident that we will be successful in our efforts to revise the Texas Medical Practice Act by passing SB 2336, I remain, as always,
Sincerely yours for liberty,
Steven F. Hotze, M.D.
President
Texans for Patients’ and Physician’s Rights
20214 Braidwood, Suite 215
Katy, Texas 77450
281.698.8679 - Stacey Bandfield, Director of Public Relations
stacey.bandfield@hotzehwc.com
www.txppr.org
More Helpful Information
Current Authors and Joint Authors of HB 3816
2009 House Public Health Committee
Please call your local representative and ask them to support HB 3816!”
Please read the Austin American Statesman article about HB 3816, which appeared on the front page, above the fold, in Wednesday’s paper. The article follows this letter.
Action List
1. Visit the Texans for Patients' and Physicians' Rights website, www.txppr.com, and read H.B. 3816 and its summary. Place this website on your desktop screen to keep up with the progress of the bill.
2. Contribute $1000, $2000, $5000, $10,000 or more to AAPS to pay for the lobbying expenses needed to secure passage of this bill. Make your check payable to AAPS and send it to my office address below.
3. Contact your State Representative both by phone and e-mail and ask him to cosponsor H.B. 3816. The contact information for your state representative can be found on line at
http://www.house.state.tx.us/resources/faq.htm#who_rep.
4. Contact the officers of your medical association, either TOMA or TMA, and ask them to support H.B. 3816.
5. Enlist the support of your staff and patients. Supply them with this information and have them contact their state representative to ask him to support and sponsor H.B. 3816.
6. Please contact Rep. Fred Brown's and Senator Dan Patrick's offices and tell them "Thank you!" for introducing this legislation to protect patients' and physicians' rights by revising the TMPA.
Rep. Fred Brown – (512) 463-0698
Senator Dan Patrick – (512) 463-0107
Allow me to recommend that you print out this correspondence and keep it on your desk. Ask your assistant to help you accomplish the action list.
Please forward this letter to your colleagues by e-mail and/or distribute printed copies to them.
Working together I am convinced that we shall be successful in passing H.B.3816, bring transparency to the activities of the TMB and protect patients' and physicians rights.
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