By: Truan S.B. No. 965
A BILL TO BE ENTITLED
AN ACT
1-1 relating to hospital staff membership and privileges for
1-2 physicians, podiatrists, and dentists.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 241.101, Health and Safety Code, is
1-5 amended by amending Subsection (c) and by adding Subsections (e),
1-6 (f), (g), (h), and (i) to read as follows:
1-7 (c) The process for considering applications for medical
1-8 staff membership and privileges must afford each physician,
1-9 podiatrist, and dentist <applicant> procedural due process.
1-10 (e) A hospital's bylaw requirements for staff privileges may
1-11 require a physician, podiatrist, or dentist to document the
1-12 person's current clinical competency and professional training and
1-13 experience in the medical procedures for which privileges are
1-14 requested.
1-15 (f) In granting or refusing medical staff membership or
1-16 privileges, a hospital may not differentiate on the basis of the
1-17 academic medical degree held by a physician.
1-18 (g) Graduate medical education may be used as a standard or
1-19 qualification for medical staff membership or privileges for a
1-20 physician, provided that equal recognition is given to training
1-21 programs accredited by the Accreditation Council on Graduate
1-22 Medical Education and by the American Osteopathic Association.
1-23 (h) Board certification may be used as a standard or
1-24 qualification for medical staff membership or privileges for a
2-1 physician, provided that equal recognition is given to
2-2 certification programs approved by the American Board of Medical
2-3 Specialties and the Bureau of Osteopathic Specialists.
2-4 (i) A hospital's credentials committee shall act
2-5 expeditiously and without unnecessary delay when a licensed
2-6 physician, podiatrist, or dentist submits a completed application
2-7 for medical staff membership or privileges. The hospital's
2-8 credentials committee shall take action on the completed
2-9 application not later than the 90th day after the date on which the
2-10 application is received. The governing body of the hospital shall
2-11 take final action on the application for medical staff membership
2-12 or privileges not later than the 60th day after the date on which
2-13 the recommendation of the credentials committee is received. The
2-14 hospital must notify the applicant in writing of the hospital's
2-15 final action, including a reason for denial or restriction of
2-16 privileges, not later than the 20th day after the date on which
2-17 final action is taken.
2-18 SECTION 2. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.