BILL ANALYSIS
S.B. 965
By: Truan (J. Harris)
04-18-95
Committee Report (Unamended)
BACKGROUND
The Texas Medical Practice Act prohibits hospitals from
differentiating solely on the basis of academic medical degree when
determining hospital staff privileges for physicians, but it does
not provide for enforcement. Doctors of osteopathic medicine in
particular experience problems in obtaining hospital staff
physicians to complete a residency accredited by the American
Medical Association Accreditation Council of Graduate Medical
Education, while osteopathic residencies are accredited by the
American Osteopathic Association.
PURPOSE
S.B. 965 sets forth requirements for the granting of hospital staff
privileges for podiatrists, dentists, and physicians, including
doctors of osteopathic medicine.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sec. 241.101, Health and Safety Code, by amending
Subsection (c) and adding Subsections (e)-(i), as follows:
(c) Requires the process for considering applications for
medical staff membership to afford each physician, podiatrist,
and dentist procedural due process.
(e) Authorizes a hospital's bylaw requirements for staff
privileges to require a physician, podiatrist, or dentist to
document the person's
current clinical
competency and
professional training and
experience in medical
procedures for which
privileges are requested.
(f) Prohibits a hospital, in granting or refusing medical
staff membership or privileges, from differentiating on the
basis of the academic medical
degree held by a physician.
(g) Authorizes graduate medical education to be used as a
standard or qualification for medical staff membership of
privileges for a physician,
provided equal recognition is
given to training programs
accredited by the Accreditation
Council on Graduate Medical
Education and by the American
Osteopathic Association.
(h) Authorizes Texas Board of Health certification to be used
as a standard or qualification for membership or privileges for
a physician, provided equal recognition is
given to certification programs approved by
the American Board of Medical Specialties and
the Bureau of Osteopathic Specialists.
(i) Requires a hospital's credentials committee to act
expeditiously and without unnecessary delay when a licensed
physician, podiatrist, or dentist
submits an application for
membership or privileges. Requires
the committee to take action on the
application within 90 days of the
date it is received. Requires the
governing body of the hospital to
take final action on the application
within 60 days of the date on which
recommendation of the committee is
received. Requires the hospital to
notify the applicant in writing of
the hospital's final action within
20 days of the date on which final
action is taken.
SECTION 2. Emergency clause.
Effective date: upon passage.
SUMMARY OF COMMITTEE ACTION
S.B. 965 was considered by the Public Health Committee in a public
hearing on April 18, 1995. The bill was reported favorably without
amendment, with the recommendation that it do pass and be printed,
by a record vote of 6 Ayes, 0 Nays, 1 PNV, 2 Absent.