By Harris H.B. No. 585 74R2949 KLL-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 osteopathic medicine. 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. HOSPITAL STAFF PRIVILEGES FOR DOCTORS OF 1-8 MEDICINE AND DOCTORS OF OSTEOPATHIC MEDICINE. (a) It is the 1-9 policy of this state that holders of degrees of doctor of medicine 1-10 and doctor of osteopathic medicine shall have equal professional 1-11 status and privileges as licensed physicians. A hospital may not 1-12 discriminate with respect to staff privileges against a physician 1-13 who is licensed on the basis of holding a degree of doctor of 1-14 osteopathic medicine rather than the degree of doctor of medicine. 1-15 (b) If a hospital's bylaw requirements for staff privileges 1-16 require a physician to be residency trained, to be certified or 1-17 eligible for certification by an American Medical 1-18 Association-recognized specialty certification board, or to have 1-19 completed a residency program accredited by the Accreditation 1-20 Council for Graduate Medical Education, hospital staff privileges 1-21 must be made available on an equal basis to a physician who has 1-22 completed a residency program accredited by the American 1-23 Osteopathic Association or who is certified or eligible for 1-24 certification by an American Osteopathic Association-recognized 2-1 osteopathic specialty board. 2-2 (c) If a hospital's bylaw requirements for staff privileges 2-3 require a physician to be residency trained, to be certified or 2-4 eligible for certification by an American Osteopathic 2-5 Association-recognized osteopathic specialty board, or to have 2-6 completed a residency program accredited by the American 2-7 Osteopathic Association, hospital staff privileges must be made 2-8 available on an equal basis to a physician who has completed a 2-9 residency program accredited by the Accreditation Council for 2-10 Graduate Medical Education or who is certified or eligible for 2-11 certification by an American Medical Association-recognized 2-12 specialty certification board. 2-13 (d) A hospital may not use a preapplication form to 2-14 discriminate against a physician with respect to an academic 2-15 medical degree, residency training, or certification. 2-16 (e) A hospital may not adopt written bylaws that circumvent 2-17 the legislative intent to give equal professional status and 2-18 privileges to doctors of medicine and doctors of osteopathic 2-19 medicine or to circumvent any other nondiscriminatory provisions in 2-20 the Medical Practice Act (Article 4495b, Vernon's Texas Civil 2-21 Statutes) or any other law applicable to osteopathic physicians. 2-22 (f) A hospital's credentials committee shall act 2-23 expeditiously and without unnecessary delay when a licensed doctor 2-24 of medicine or doctor of osteopathic medicine submits a completed 2-25 application for permission to treat patients in the hospital. The 2-26 hospital's credentials committee shall take final action on the 2-27 completed application not later than the 90th day after the date 3-1 the application is received. The hospital must notify the 3-2 applicant in writing of the hospital's final action, including a 3-3 reason for denial of or restriction on the completed application, 3-4 not later than the 20th day after the date of the final action. 3-5 (g) On receipt of a complaint of discrimination by an 3-6 aggrieved physician with respect to an academic medical degree, 3-7 residency training, or certification, the district attorney of the 3-8 county in which a violation under this section occurs or the 3-9 district attorney of Travis County may bring an action to enjoin 3-10 the violation. 3-11 SECTION 2. The importance of this legislation and the 3-12 crowded condition of the calendars in both houses create an 3-13 emergency and an imperative public necessity that the 3-14 constitutional rule requiring bills to be read on three several 3-15 days in each house be suspended, and this rule is hereby suspended, 3-16 and that this Act take effect and be in force from and after its 3-17 passage, and it is so enacted.