Texas Legislative Update

June 2021


Theresa Q. Tran, MD, MBA, FACEP
Chair, Government Relations Committee

Dear TCEP member,

I am glad the legislative session is over. This year, the uncertainty that you faced on the front lines was paralleled on the legislative front. As I reflect on our work to combat unfavorable events during the past legislative cycle (from June 2019-June 2021), I can’t help but share with you a quote that has pervaded my thoughts during these stressful times. My favorite philosopher, Marcus Aurelius, wrote: “Never let the future disturb you. You will meet it, if you have to, with the same weapons of reason which today arm you against the present.” I am grateful to the TCEP board, members, staff, lobbyists, allying organizations, and especially to our allies within the legislature for their steadfastness in protecting our profession, resulting in a successful outcome to a legislative session that was unprecedented, unexpected, and unpredictable.

The 87th Legislature was unprecedented in the way that it opened – with restrictions on public access to the Capitol due to health and public safety concerns. There was a considerable amount of conjecture, up until opening day, about how a legislative session would even happen and what it would look like. One of the few things we were certain about was that the legislature would address items related to the COVID-19 pandemic. However, in February, when the legislature usually ramps up committee meetings, winter storm Uri devastated Texas’ energy infrastructure. This caused a wholly unexpected shift in focus to bills about the energy grid, along with related political plays, which left us wondering which of our bills would still be able to take priority enough to pass. The unpredictable part was how well TCEP would come out of this session.

In the midst of fighting the pandemic, maintaining our sanity, and caring for patients in Uri’s wake, Texas emergency physicians and trainees also faced the threat of scope of practice expansion in a dwindling job market. The political odds seemed stacked against us: the Chair of the House Public Health Committee, a registered nurse, was committed to gaining full practice authority for midlevel providers. This movement was backed by the health insurance industry and gained attention in both chambers. Despite this, none of the scope of practice bills were fruitful this session. Nor were any efforts to weaken the physician pay protections that were enacted in last session’s surprise medical billing law.

Many days were fraught with the type of stress that I can best liken to walking into a shift with every bed filled with an admit hold and 50 patients in the waiting room. Through it all, we sought to keep our profession intact, maintain past wins, and improve the safety of our patients and communities. Dr. Diana Fite led the entire House of Medicine with grace and ferocity as TMA’s president. Several TCEP members, most of whom were current or past TCEP Leadership and Advocacy Fellows, dropped what they were doing to respond to last-minute calls for in-person testimony. Our staffers, Ms. Beth Brooks and Ms. Annette Mitrosz, kept us organized and abreast of new developments. And our lobbyists at Imperium Public Affairs, Mr. Michael Grimes and Mr. Price Ashley, were our front line at the Capitol. More than just “hold the line,” we gained liability protection for the current and future pandemics, protection against medical billing taxation, ease of medical licensure across states, a way for the PMP to be funded without our out-of-pocket dollars, and extended insurance coverage for post-partum women, amongst other wins. Here, you will find a recap of the session and the major issues that TCEP engaged in and fought for during the 87th Legislature.

Though the future of our profession continues to face external threats, I have never felt prouder to be an emergency physician. Thank you for your confidence in the work that we do for you, and for your continued support as a TCEP member. Our work at the Capitol is meaningless without you.