BILL ANALYSIS


                                                     C.S.S.B. 965
                                                        By: Truan
                                        Health and Human Services
                                                          3-22-95
                                   Committee Report (Substituted)
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
privileges because the bylaws of certain hospitals require
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

As proposed, C.S.S.B. 965 sets forth requirements for the granting
of hospital staff privileges for physicians, podiatrists, and
dentists.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 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 (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.