Bill: HB 3078, 85(R) - 2017

Committee

House Public Health

2nd Chamber Committee

Senate Health & Human Services

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Vote No; Amend Negative Neutral Neutral Negative Neutral

Author(s)

Senfronia Thompson

Sponsor(s)

Charles Schwertner

Bill Caption

Relating to sunset review of the Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation and the transfer of the regulation of podiatry to the Texas Department of Licensing and Regulation; authorizing a reduction in fees.

Fiscal Notes

Estimated Two-year Net Impact to General Revenue Related Funds for HB3078, As Introduced: a positive impact of $60,036 through the biennium ending August 31, 2019. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Bill Analysis

This bill would extend the sunset date of the Texas Commission of Licensing and Regulation to 2021.

This bill would transfer the regulation of podiatry to the Texas Commission of Licensing and Regulation and change the board to the Podiatric Medical Examiners Advisory Board. The governor would appoint the members and any replacements to fill a vacancy that occurs during the six year terms of the members of the advisory board. The executive director of the Texas Department of Licensing and Regulation would administer and enforce regulations of podiatry under the chapter.

The bill would also require an applicant for a license or license renewal (if they have not already done so) to submit a full set of fingerprints for a criminal background check.  The licenses would be valid for one or two years as determined by commission rule, and the applicant would have to pay a renewal fee.

A podiatrist would be required to review a patient’s prescription history before prescribing them opioids, benzodiazepines, barbiturates, or carisoprodol, and the department would be required to periodically check prescribing information to see if a podiatrist is engaged in potentially harmful prescribing patterns or practices, and notify the podiatrist of the patterns or practices that are potentially harmful and allow the department to initiate a complaint against a podiatrist for those practices. 

Vote Recommendation Notes

This bill would transfer regulation of podiatrists to the Texas Department of Licensing and Regulation and introduce new requirements for fingerprint background checks and prescription drugs. These new requirements would violate our limited government principles, since it is unnecessary for a podiatrist license applicant to submit a full set of fingerprints for a background check that would likely cost the applicant money and create a new barrier to entry into the market. The new requirements on certain prescriptions are similarly not the proper role of government. For these reasons, we oppose this unless amended to strike these new requirements.

Source URL (retrieved on 04/18/2024 05:04 PM): http://reports.texasaction.com/bill/85r/hb3078?print_view=true