By Truan                                               S.B. No. 965
       74R5686 KLL-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to hospital staff privileges for physicians, podiatrists,
    1-3  and dentists.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 241.101, Health and Safety Code, is
    1-6  amended by amending Subsection (c) and adding Subsections (e)-(i)
    1-7  to read as follows:
    1-8        (c)  The process for considering applications for medical
    1-9  staff membership and privileges must afford each physician,
   1-10  podiatrist, and dentist <applicant> procedural due process.
   1-11        (e)  A hospital's bylaw requirements for staff privileges may
   1-12  require a physician, podiatrist, or dentist to document the
   1-13  person's current clinical competency and professional training and
   1-14  experience in the medical procedures for which privileges are
   1-15  requested.
   1-16        (f)  In granting or refusing medical staff membership or
   1-17  privileges, a hospital may not differentiate on the basis of the
   1-18  academic medical degree held by a physician.
   1-19        (g)  When graduate medical education is used as a standard or
   1-20  qualification for medical staff membership or privileges, equal
   1-21  recognition shall be given to training programs accredited by the
   1-22  Accreditation Council on Graduate Medical Education and by the
   1-23  American Osteopathic Association.
   1-24        (h)  When board certification is used as a standard or
    2-1  qualification for medical staff membership or privileges, equal
    2-2  recognition shall be given to certification programs approved by
    2-3  the American Board of Medical Specialties and the Bureau of
    2-4  Osteopathic Specialists.
    2-5        (i)  A hospital's credentials committee shall act
    2-6  expeditiously and without unnecessary delay when a licensed
    2-7  physician, podiatrist, or dentist submits a completed application
    2-8  for medical staff membership or privileges.  The hospital's
    2-9  credentials committee shall take action on the completed
   2-10  application not later than the 90th day after the date on which the
   2-11  application is received.  The governing body of the hospital shall
   2-12  take final action on the application for medical staff membership
   2-13  or privileges not later than the 60th day after the date on which
   2-14  the recommendation of the credentials committee is received.  The
   2-15  hospital must notify the applicant in writing of the hospital's
   2-16  final action, including a reason for denial or restriction of
   2-17  privileges, not later than the 20th day after the date on which
   2-18  final action is taken.
   2-19        SECTION 2.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.