By Harris H.B. No. 597 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to hospital staff privileges for doctors of medicine and 1-3 doctors of osteopathy. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 241, Health and Safety 1-6 Code, is amended by adding Section 241.105 to read as follows: 1-7 Sec. 241.105. MEDICAL STAFF PRIVILEGES FOR DOCTORS OF 1-8 MEDICINE AND DOCTORS OF OSTEOPATHY. (a) A hospital may not 1-9 discriminate with respect to staff privileges against a physician 1-10 who is licensed on the basis of holding a degree of doctor of 1-11 osteopathy rather than the degree of doctor of medicine. 1-12 (b) If a hospital's staffing requirements for staff 1-13 privileges require a physician to be residency trained, to be 1-14 certified or eligible for certification by an American Medical 1-15 Association recognized specialty board, or to have completed a 1-16 residency program accredited by the Accreditation Council on 1-17 Graduate Medical Education, a hospital staff position must be made 1-18 available on an equal basis to an osteopathic physician who has 1-19 completed a residency program accredited by the American 1-20 Osteopathic Association, or certified or eligible for 1-21 certification by an American Osteopathic Association recognized 1-22 osteopathic speciality board. 1-23 (c) If a hospital's staffing requirements for staff 1-24 privileges require a physician to be residency trained, to be 2-1 certified or eligible for certification by a recognized American 2-2 Osteopathic Association specialty board, or to have completed a 2-3 residency program accredited by the American Osteopathic 2-4 Association, a hospital staff position must be made available on an 2-5 equal basis to an allopathic physician who has completed a 2-6 residency program accredited by the Accreditation Council for 2-7 Graduate Medical Education, or certified or eligible for 2-8 certification by a specialty board recognized by the American 2-9 Medical Association. 2-10 (d) A hospital may not adopt written bylaws that circumvent 2-11 the legislative intent to give equal professional status and 2-12 privileges to doctors of medicine and doctors of osteopathy or to 2-13 circumvent any other nondiscriminatory provisions in the Medical 2-14 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), or any 2-15 other law applicable to osteopathic physicians. 2-16 (e) A hospital credentialing committee shall act 2-17 expeditiously and without unnecessary delay when a licensed doctor 2-18 of medicine or doctor of osteopathy submits a completed application 2-19 for permission to treat patients in the hospital. The hospital 2-20 shall take final action on the application not later than the 90th 2-21 day after the date the application is received. The hospital must 2-22 notify the applicant in writing of the hospital's final action, 2-23 including a reason for the denial of or restriction on the 2-24 application, not later than the 20th day after the date of the 2-25 final action. 2-26 (f) On receipt of a complaint of discrimination by an 2-27 aggrieved physician, the district attorney of the county in which a 3-1 violation under this section occurs or the district attorney of 3-2 Travis County may bring an action to enjoin the violation. 3-3 SECTION 2. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended, 3-8 and that this Act take effect and be in force from and after its 3-9 passage, and it is so enacted.