By: Harris, Jack H.B. No. 597 73R1533 MLR-F 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, certified 1-14 or eligible for certification by an appropriate American Medical 1-15 Association specialty certification board, or accredited by the 1-16 Accreditation Council for Graduate Medical Education, that position 1-17 must be made available on an equal basis to an osteopathic 1-18 physician who is residency trained or certified or eligible for 1-19 certification by an appropriate osteopathic specialty board 1-20 accredited by the American Osteopathic Association. 1-21 (c) A hospital may not adopt written bylaws that circumvent 1-22 the legislative intent to give equal professional status and 1-23 privileges to doctors of medicine and doctors of osteopathy or to 1-24 circumvent any other nondiscriminatory provisions in the Medical 2-1 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), or any 2-2 other law applicable to osteopathic physicians. 2-3 (d) A hospital shall act expeditiously and without 2-4 unnecessary delay when a licensed doctor of medicine or doctor of 2-5 osteopathy submits an application for permission to treat patients 2-6 in the hospital. The hospital shall take final action on the 2-7 application not later than the 90th day after the date the 2-8 application is received. The hospital must notify the applicant in 2-9 writing of the hospital's final action, including a reason for the 2-10 denial of or restriction on the application, not later than the 2-11 20th day after the date of the final action. 2-12 (e) On receipt of a complaint by an aggrieved physician, the 2-13 district attorney of the county in which a violation under this 2-14 section occurs or the district attorney of Travis County may bring 2-15 an action to enjoin the violation. 2-16 SECTION 2. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended, 2-21 and that this Act take effect and be in force from and after its 2-22 passage, and it is so enacted.