By Hirschi H.B. No. 2452
75R5314 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to peer review of physicians.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3.02, Medical Practice Act (Article
1-5 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-6 follows:
1-7 Sec. 3.02. LICENSE RENEWALS. (a) On application on forms
1-8 provided by the board for this purpose and receipt of renewal
1-9 fees, licenses shall be renewed annually by the board.
1-10 (b) In addition to any other renewal requirements adopted by
1-11 the board, the board shall require each physician who renews a
1-12 license under this Act to disclose to the board in writing in the
1-13 license renewal form whether the physician has lost, during the two
1-14 years preceding the date of the renewal application, the
1-15 physician's privilege to practice medicine as a result of a
1-16 disciplinary action adopted by a medical peer review committee, and
1-17 if so, where the disciplinary action occurred. For purposes of
1-18 this subsection, "disciplinary action adopted by a medical peer
1-19 review committee" means an action taken by a medical peer review
1-20 committee under Section 5.06(i) of this Act.
1-21 (c) The board by rule may adopt a system under which
1-22 registrations expire on various dates during the year. The date
1-23 for license cancellation due to nonpayment shall be adjusted
1-24 accordingly. For the year in which the expiration date is changed,
2-1 registration fees payable on or before January 1 shall be prorated
2-2 on a monthly basis so that each registrant shall pay only that
2-3 portion of the registration fee which is allocable to the number of
2-4 months during which the registration is valid. On renewal of the
2-5 registration on the new expiration date, the total registration fee
2-6 is payable.
2-7 SECTION 2. Section 4.14, Medical Practice Act (Article
2-8 4495b, Vernon's Texas Civil Statutes), is amended to read as
2-9 follows:
2-10 Sec. 4.14. REPORT OF BOARD ACTIONS. (a) The board shall
2-11 report within the first working day next following an order of the
2-12 restriction, suspension, or revocation of a physician's license or
2-13 other disciplinary action by the board against a physician to the
2-14 appropriate health care facilities and hospitals, if known by the
2-15 board. The board shall report in writing within 30 days the
2-16 restriction, suspension, or revocation of a physician's license or
2-17 other disciplinary action by the board against a physician to the
2-18 appropriate health care facilities and hospitals, if not previously
2-19 notified in writing, professional societies of physicians in this
2-20 state, any entity responsible for the administration of Medicare
2-21 and Medicaid in this state, the U.S. Secretary of Health and Human
2-22 Services or the secretary's designee, and the complainant. If the
2-23 board, during its review of a complaint against any physician,
2-24 discovers an act or omission potentially constituting a felony, a
2-25 misdemeanor involving moral turpitude, a violation of state or
2-26 federal narcotics or controlled substance laws, or an offense
2-27 involving fraud or abuse under the Medicare or Medicaid programs,
3-1 the board shall report such act or omission to the appropriate
3-2 prosecuting authority immediately except the board may exercise
3-3 discretion in the case of impaired physicians actively
3-4 participating in board-approved or sanctioned care, counseling, or
3-5 treatment.
3-6 (b) If a physician discloses to the board in a license
3-7 renewal application under Section 3.02(b) of this Act that the
3-8 physician has been the subject of a disciplinary action adopted by
3-9 a medical peer review committee, the board shall report the
3-10 information as contained in the renewal application to the Texas
3-11 Department of Health.
3-12 SECTION 3. Sections 5.06(b), (c), and (i), Medical Practice
3-13 Act (Article 4495b, Vernon's Texas Civil Statutes), are amended to
3-14 read as follows:
3-15 (b)(1) Each medical peer review committee or health-care
3-16 entity shall report in writing to the board the results and
3-17 circumstances of any professional review action that:
3-18 (A) adversely affects the clinical privileges of
3-19 a physician for a period longer than 30 days; [,]
3-20 (B) accepts the surrender of clinical privileges
3-21 of a physician:
3-22 (i) while the physician is under an
3-23 investigation by the medical peer review committee relating to
3-24 possible incompetence or improper professional conduct;[,] or
3-25 (ii) in return for not conducting such an
3-26 investigation or proceeding;[,] or
3-27 (C) in the case of an entity which is a
4-1 professional society or association, [takes a professional review
4-2 action which] adversely affects the membership of a physician in
4-3 the society or association.
4-4 (2) The duty to report under Subsection (b)(1) of this
4-5 section may [shall] not be nullified through contract.
4-6 (3) In addition to the report made under Subsection
4-7 (b)(1) of this section, the medical peer review committee or
4-8 health-care entity shall file a complaint with the board under
4-9 Section 4.02 of this Act regarding the physician.
4-10 (c) Except as otherwise provided by this subsection, a [A]
4-11 report made under Subsection (b) of this section is confidential
4-12 and is not subject to disclosure under the open records law. In
4-13 any proceeding brought under this subchapter, evidence may not be
4-14 excluded on the ground of privileged communication except in the
4-15 case of communications between attorney and client.
4-16 Notwithstanding any other provision of this Act, a professional
4-17 review action that is reported to the board under Subsection (b)(1)
4-18 of this section because it adversely affects the clinical
4-19 privileges of a physician for longer than 30 days is public
4-20 information and may be disclosed as provided by the open records
4-21 law.
4-22 (i) Disclosure of confidential peer review committee
4-23 information to the board and to the affected physician pertinent to
4-24 the matter under review does [shall] not constitute waiver of the
4-25 confidentiality provisions provided by [in] this Act. If a medical
4-26 peer review committee takes action that could result in censure,
4-27 suspension, restriction, limitation, revocation, or denial of
5-1 membership or privileges in a health-care entity, the medical peer
5-2 review committee shall provide the board and the affected physician
5-3 with [shall be provided] a written copy of the recommendation of
5-4 the medical peer review committee and a copy of the final decision,
5-5 including a statement of the basis for the decision.
5-6 SECTION 4. This Act takes effect September 1, 1997, and
5-7 applies to an action of a medical peer review committee or
5-8 health-care entity taken on or after that date. An action taken
5-9 before that date is governed by the law in effect on the date that
5-10 the action was taken, and the former law is continued in effect for
5-11 that purpose.
5-12 SECTION 5. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.