By McDonald H.B. No. 2533
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to membership or privileges on a hospital medical staff
1-3 and to the authority of hospitals and medical personnel.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 241.003, Health and Safety Code, is
1-6 amended by modifying subsection (7) and by adding a new subsection
1-7 (12) to read as follows:
1-8 (7) "Medical staff" means a physician or group of
1-9 physicians<, and> a podiatrist or group of podiatrists<,> and an
1-10 advanced nurse practitioner or group of advanced nurse
1-11 practitioners who by action of the governing body of a hospital
1-12 are privileged to work in and use the facilities of a hospital for
1-13 or in connection with the observation, care, diagnosis, or
1-14 treatment of an individual who is, or may be, suffering from a
1-15 mental or physical disease or disorder or a physical deformity or
1-16 injury.
1-17 (12) "Advanced nurse practitioner" means a registered
1-18 nurse recognized by the Board of Nurse Examiners as having the
1-19 specialized education and training required under Section 7,
1-20 Article 4514, Revised Statutes.
1-21 SECTION 2. Section 241.102, Health and Safety Code, is
1-22 amended to read as follows:
1-23 (a) This chapter does not authorize a physician<, or>
2-1 podiatrist<,> or advanced nurse practitioner to perform medical<,
2-2 or> podiatric<,> or nursing acts that are beyond the scope of the
2-3 respective license held.
2-4 (b) This chapter does not prevent the governing body of a
2-5 hospital from providing that:
2-6 (1) a podiatric patient be coadmitted to the hospital
2-7 by a podiatrist and a physician<;> or an advanced nursing practice
2-8 patient be coadmitted to the hospital by an advanced nurse
2-9 practitioner and a physician;
2-10 (2) a physician be responsible for the care of any
2-11 medical problem or condition of a podiatric or advanced nursing
2-12 practice patient that may exist at the time of admission or that
2-13 may arise during hospitalization and that is beyond the scope of
2-14 the podiatrist's or advanced nurse practitioner's license; or
2-15 (3) a physician determine the risk and effect of a
2-16 proposed podiatric surgical procedure on the total health status of
2-17 the patient.
2-18 (c) An applicant for medical staff membership may not be
2-19 denied membership solely on the ground that the applicant is a
2-20 podiatrist or advanced nurse practitioner rather than a physician.
2-21 (d) This chapter does not automatically entitle a
2-22 physician<, or> a podiatrist<,> or an advanced nurse practitioner
2-23 to membership or privileges on a medical staff.
2-24 (e) The governing body of a hospital may not require a
2-25 member of the medical staff to involuntarily:
3-1 (1) coadmit patients with a podiatrist or advanced
3-2 nurse practitioner;
3-3 (2) be responsible for the care of any medical problem
3-4 or condition of a podiatric or advanced nursing practice patient;
3-5 or
3-6 (3) determine the risk and effect of any proposed
3-7 podiatric procedure or advanced nursing practice procedure on the
3-8 total health status of the patient.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.