By Capelo                                             H.B. No. 3152
         77R6936 YDB-F                           
                                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(c), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (c)  The process for considering applications for medical
 1-8     staff membership and privileges or the renewal, modification, or
 1-9     revocation of medical staff membership and privileges must afford
1-10     each physician, podiatrist, and dentist procedural due process.  A
1-11     physician, podiatrist, or dentist who is damaged by a failure to
1-12     follow the due process protections provided by this subsection may
1-13     bring an action for damages on behalf of the physician, podiatrist,
1-14     or dentist and others similarly situated.  The damages may include:
1-15                 (1)  actual damages;
1-16                 (2)  reasonable court costs and attorney's fees; and
1-17                 (3)  other appropriate relief.
1-18           SECTION 2.  This Act takes effect immediately if it receives
1-19     a vote of two-thirds of all the members elected to each house, as
1-20     provided by Section 39, Article III, Texas Constitution.  If this
1-21     Act does not receive the vote necessary for immediate effect, this
1-22     Act takes effect September 1, 2001.