1-1 AN ACT
1-2 relating to due process for physicians, dentists, and podiatrists
1-3 in hospitals.
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 to read as follows:
1-7 Sec. 241.101. HOSPITAL AUTHORITY CONCERNING MEDICAL STAFF.
1-8 (a) Except as otherwise provided by this section and Section
1-9 241.102, this chapter does not change the authority of the
1-10 governing body of a hospital, as it considers necessary or
1-11 advisable, to:
1-12 (1) make rules, standards, or qualifications for
1-13 medical staff membership; or
1-14 (2) grant or refuse to grant membership on the medical
1-15 staff.
1-16 (b) This chapter does not prevent the governing body of a
1-17 hospital from adopting reasonable rules and requirements in
1-18 compliance with this chapter relating to:
1-19 (1) qualifications for any category of medical staff
1-20 appointments;
1-21 (2) termination of appointments; or
1-22 (3) the delineation or curtailment of clinical
1-23 privileges of those who are appointed to the medical staff.
1-24 (c) The process for considering applications for medical
2-1 staff membership and privileges or the renewal, modification, or
2-2 revocation of medical staff membership and privileges must afford
2-3 each physician, podiatrist, and dentist procedural due process that
2-4 meets the requirements of 42 U.S.C. Section 11101 et seq., as
2-5 amended.
2-6 (d) If a hospital's credentials committee has failed to take
2-7 action on a completed application as required by Subsection (k), or
2-8 a physician, podiatrist, or dentist is subject to a professional
2-9 review action that may adversely affect his medical staff
2-10 membership or privileges, and the physician, podiatrist, or dentist
2-11 believes that mediation of the dispute is desirable, the physician,
2-12 podiatrist, or dentist may require the hospital to participate in
2-13 mediation as provided in Chapter 154, Civil Practice and Remedies
2-14 Code. The mediation shall be conducted by a person meeting the
2-15 qualifications required by Section 154.052, Civil Practice and
2-16 Remedies Code, and within a reasonable period of time.
2-17 (e) Subsection (d) does not authorize a cause of action by a
2-18 physician, podiatrist, or dentist against the hospital other than
2-19 an action to require a hospital to participate in mediation.
2-20 (f) An applicant for medical staff membership or privileges
2-21 may not be denied membership or privileges on any ground that is
2-22 otherwise prohibited by law.
2-23 (g) [(e)] A hospital's bylaw requirements for staff
2-24 privileges may require a physician, podiatrist, or dentist to
2-25 document the person's current clinical competency and professional
2-26 training and experience in the medical procedures for which
2-27 privileges are requested.
3-1 (h) [(f)] In granting or refusing medical staff membership
3-2 or privileges, a hospital may not differentiate on the basis of the
3-3 academic medical degree held by a physician.
3-4 (i) [(g)] Graduate medical education may be used as a
3-5 standard or qualification for medical staff membership or
3-6 privileges for a physician, provided that equal recognition is
3-7 given to training programs accredited by the Accreditation Council
3-8 on Graduate Medical Education and by the American Osteopathic
3-9 Association.
3-10 (j) [(h)] Board certification may be used as a standard or
3-11 qualification for medical staff membership or privileges for a
3-12 physician, provided that equal recognition is given to
3-13 certification programs approved by the American Board of Medical
3-14 Specialties and the Bureau of Osteopathic Specialists.
3-15 (k) [(i)] A hospital's credentials committee shall act
3-16 expeditiously and without unnecessary delay when a licensed
3-17 physician, podiatrist, or dentist submits a completed application
3-18 for medical staff membership or privileges. The hospital's
3-19 credentials committee shall take action on the completed
3-20 application not later than the 90th day after the date on which the
3-21 application is received. The governing body of the hospital shall
3-22 take final action on the application for medical staff membership
3-23 or privileges not later than the 60th day after the date on which
3-24 the recommendation of the credentials committee is received. The
3-25 hospital must notify the applicant in writing of the hospital's
3-26 final action, including a reason for denial or restriction of
3-27 privileges, not later than the 20th day after the date on which
4-1 final action is taken.
4-2 SECTION 2. This Act takes effect immediately if it receives
4-3 a vote of two-thirds of all the members elected to each house, as
4-4 provided by Section 39, Article III, Texas Constitution. If this
4-5 Act does not receive the vote necessary for immediate effect, this
4-6 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3152 was passed by the House on May
11, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3152 on May 25, 2001, by the
following vote: Yeas 112, Nays 0, 2 present, not voting; and that
the House adopted S.C.R. No. 74 authorizing certain corrections in
H.B. No. 3152 on May 28, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3152 was passed by the Senate, with
amendments, on May 21, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting; and that the Senate adopted S.C.R. No. 74
authorizing certain corrections in H.B. No. 3152 on May 28, 2001,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor