77R13816 YDB-D
By Capelo H.B. No. 3152
Substitute the following for H.B. No. 3152:
By Bosse C.S.H.B. No. 3152
A BILL TO BE ENTITLED
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) A physician, podiatrist, or dentist may request that the
2-7 hospital participate in alternative dispute resolution procedures
2-8 in the manner authorized by Chapter 154, Civil Practice and
2-9 Remedies Code, or binding arbitration as provided by Subsection (e)
2-10 if:
2-11 (1) the physician, podiatrist, or dentist has been
2-12 affected by a professional review action that adversely affects the
2-13 medical staff membership or privileges of the physician,
2-14 podiatrist, or dentist for a period longer than 30 days, and the
2-15 physician, podiatrist, or dentist believes the action has been
2-16 taken without due process as described in Subsection (c); or
2-17 (2) the hospital's credentials committee has failed to
2-18 take action on a completed application as required by Subsection
2-19 (k).
2-20 (e) If the hospital does not agree to participate in
2-21 alternative dispute resolution procedures as provided by Subsection
2-22 (d) or the affected physician, podiatrist, or dentist requests
2-23 binding arbitration as authorized by Chapter 171, Civil Practice
2-24 and Remedies Code, the hospital shall participate in binding
2-25 arbitration. A request for alternative dispute resolution is not a
2-26 prerequisite for binding arbitration. Subsections (d) and (e) do
2-27 not authorize a cause of action by a physician, podiatrist, or
3-1 dentist against the hospital other than an action to require a
3-2 hospital to participate in binding arbitration.
3-3 (f) An applicant for medical staff membership or privileges
3-4 may not be denied membership or privileges on any ground that is
3-5 otherwise prohibited by law.
3-6 (g) [(e)] A hospital's bylaw requirements for staff
3-7 privileges may require a physician, podiatrist, or dentist to
3-8 document the person's current clinical competency and professional
3-9 training and experience in the medical procedures for which
3-10 privileges are requested.
3-11 (h) [(f)] In granting or refusing medical staff membership
3-12 or privileges, a hospital may not differentiate on the basis of the
3-13 academic medical degree held by a physician.
3-14 (i) [(g)] Graduate medical education may be used as a
3-15 standard or qualification for medical staff membership or
3-16 privileges for a physician, provided that equal recognition is
3-17 given to training programs accredited by the Accreditation Council
3-18 on Graduate Medical Education and by the American Osteopathic
3-19 Association.
3-20 (j) [(h)] Board certification may be used as a standard or
3-21 qualification for medical staff membership or privileges for a
3-22 physician, provided that equal recognition is given to
3-23 certification programs approved by the American Board of Medical
3-24 Specialties and the Bureau of Osteopathic Specialists.
3-25 (k) [(i)] A hospital's credentials committee shall act
3-26 expeditiously and without unnecessary delay when a licensed
3-27 physician, podiatrist, or dentist submits a completed application
4-1 for medical staff membership or privileges. The hospital's
4-2 credentials committee shall take action on the completed
4-3 application not later than the 90th day after the date on which the
4-4 application is received. The governing body of the hospital shall
4-5 take final action on the application for medical staff membership
4-6 or privileges not later than the 60th day after the date on which
4-7 the recommendation of the credentials committee is received. The
4-8 hospital must notify the applicant in writing of the hospital's
4-9 final action, including a reason for denial or restriction of
4-10 privileges, not later than the 20th day after the date on which
4-11 final action is taken.
4-12 SECTION 2. This Act takes effect immediately if it receives
4-13 a vote of two-thirds of all the members elected to each house, as
4-14 provided by Section 39, Article III, Texas Constitution. If this
4-15 Act does not receive the vote necessary for immediate effect, this
4-16 Act takes effect September 1, 2001.