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.