SRC-DBM S.B. 1132 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1132
76R6051  JMM-FBy: Madla
Health Services
3/26/1999
As Filed


DIGEST 

Current due process provisions pertaining to hospital medical staff are
only applicable to a medical staff applicant; current medical staff
members' privileges are not protected by the same due process provisions
when a hospital decides to terminate or limit them.  The Health Care
Quality Act of 1986 (Public Law No. 99-660) requires reporting of adverse
actions, such as a "quality care issue," to the National Practitioner Data
bank.  Furthermore, there is frequent "deselection" of  physicians and
other hospital medical staff so that they are not provided due process for
terminations and modifications of privileges, by managed care panels.  S.B.
1132 would provide procedural due process requirements for renewal,
modification, or revocation of medical staff membership and privileges. 

PURPOSE

As proposed, S.B. 1132 provides procedural due process requirements for
renewal, modification, or revocation of medical staff membership and
privileges. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 241.101(c), Health and Safety Code, to require
that the process of considering medical staff membership applications and
privileges or the renewal, modification, or revocation of medical staff
membership and privileges must afford each physician, podiatrist, and
dentist procedural due process. 

SECTION 2.Emergency clause.
  Effective date: upon passage.