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.
1-58 * * * * *