1-1  By:  Truan                                             S.B. No. 965
    1-2        (In the Senate - Filed March 7, 1995; March 8, 1995, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  March 22, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; March 22, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 965                    By:  Truan
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to hospital staff membership and privileges for
   1-11  physicians, podiatrists, and dentists.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 241.101, Health and Safety Code, is
   1-14  amended by amending Subsection (c) and by adding Subsections (e),
   1-15  (f), (g), (h), and (i) to read as follows:
   1-16        (c)  The process for considering applications for medical
   1-17  staff membership and privileges must afford each physician,
   1-18  podiatrist, and dentist <applicant> procedural due process.
   1-19        (e)  A hospital's bylaw requirements for staff privileges may
   1-20  require a physician, podiatrist, or dentist to document the
   1-21  person's current clinical competency and professional training and
   1-22  experience in the medical procedures for which privileges are
   1-23  requested.
   1-24        (f)  In granting or refusing medical staff membership or
   1-25  privileges, a hospital may not differentiate on the basis of the
   1-26  academic medical degree held by a physician.
   1-27        (g)  Graduate medical education may be used as a standard or
   1-28  qualification for medical staff membership or privileges for a
   1-29  physician, provided that equal recognition is given to training
   1-30  programs accredited by the Accreditation Council on Graduate
   1-31  Medical Education and by the American Osteopathic Association.
   1-32        (h)  Board certification may be used as a standard or
   1-33  qualification for medical staff membership or privileges for a
   1-34  physician, provided that equal recognition is given to
   1-35  certification programs approved by the American Board of Medical
   1-36  Specialties and the Bureau of Osteopathic Specialists.
   1-37        (i)  A hospital's credentials committee shall act
   1-38  expeditiously and without unnecessary delay when a licensed
   1-39  physician, podiatrist, or dentist submits a completed application
   1-40  for medical staff membership or privileges.  The hospital's
   1-41  credentials committee shall take action on the completed
   1-42  application not later than the 90th day after the date on which the
   1-43  application is received.  The governing body of the hospital shall
   1-44  take final action on the application for medical staff membership
   1-45  or privileges not later than the 60th day after the date on which
   1-46  the recommendation of the credentials committee is received.  The
   1-47  hospital must notify the applicant in writing of the hospital's
   1-48  final action, including a reason for denial or restriction of
   1-49  privileges, not later than the 20th day after the date on which
   1-50  final action is taken.
   1-51        SECTION 2.  The importance of this legislation and the
   1-52  crowded condition of the calendars in both houses create an
   1-53  emergency and an imperative public necessity that the
   1-54  constitutional rule requiring bills to be read on three several
   1-55  days in each house be suspended, and this rule is hereby suspended,
   1-56  and that this Act take effect and be in force from and after its
   1-57  passage, and it is so enacted.
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