1-1 By: Capelo (Senate Sponsor - Brown) H.B. No. 3152
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on Health
1-4 and Human Services; May 11, 2001, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to due process for physicians, dentists, and podiatrists
1-9 in hospitals.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 241.101, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 241.101. HOSPITAL AUTHORITY CONCERNING MEDICAL STAFF.
1-14 (a) Except as otherwise provided by this section and Section
1-15 241.102, this chapter does not change the authority of the
1-16 governing body of a hospital, as it considers necessary or
1-17 advisable, to:
1-18 (1) make rules, standards, or qualifications for
1-19 medical staff membership; or
1-20 (2) grant or refuse to grant membership on the medical
1-21 staff.
1-22 (b) This chapter does not prevent the governing body of a
1-23 hospital from adopting reasonable rules and requirements in
1-24 compliance with this chapter relating to:
1-25 (1) qualifications for any category of medical staff
1-26 appointments;
1-27 (2) termination of appointments; or
1-28 (3) the delineation or curtailment of clinical
1-29 privileges of those who are appointed to the medical staff.
1-30 (c) The process for considering applications for medical
1-31 staff membership and privileges or the renewal, modification, or
1-32 revocation of medical staff membership and privileges must afford
1-33 each physician, podiatrist, and dentist procedural due process that
1-34 meets the requirements of 42 U.S.C. Section 11101 et seq., as
1-35 amended.
1-36 (d) A physician, podiatrist, or dentist may request that the
1-37 hospital participate in alternative dispute resolution procedures
1-38 in the manner authorized by Chapter 154, Civil Practice and
1-39 Remedies Code, or binding arbitration as provided by Subsection (e)
1-40 if:
1-41 (1) the physician, podiatrist, or dentist has been
1-42 affected by a professional review action that adversely affects the
1-43 medical staff membership or privileges of the physician,
1-44 podiatrist, or dentist for a period longer than 30 days, and the
1-45 physician, podiatrist, or dentist believes the action has been
1-46 taken without due process as described in Subsection (c); or
1-47 (2) the hospital's credentials committee has failed to
1-48 take action on a completed application as required by Subsection
1-49 (k).
1-50 (e) If the hospital does not agree to participate in
1-51 alternative dispute resolution procedures as provided by Subsection
1-52 (d) or the affected physician, podiatrist, or dentist requests
1-53 binding arbitration as authorized by Chapter 171, Civil Practice
1-54 and Remedies Code, the hospital shall participate in binding
1-55 arbitration. A request for alternative dispute resolution is not a
1-56 prerequisite for binding arbitration. Subsections (d) and (e) do
1-57 not authorize a cause of action by a physician, podiatrist, or
1-58 dentist against the hospital other than an action to require a
1-59 hospital to participate in binding arbitration.
1-60 (f) An applicant for medical staff membership or privileges
1-61 may not be denied membership or privileges on any ground that is
1-62 otherwise prohibited by law.
1-63 (g) [(e)] A hospital's bylaw requirements for staff
1-64 privileges may require a physician, podiatrist, or dentist to
2-1 document the person's current clinical competency and professional
2-2 training and experience in the medical procedures for which
2-3 privileges are requested.
2-4 (h) [(f)] In granting or refusing medical staff membership
2-5 or privileges, a hospital may not differentiate on the basis of the
2-6 academic medical degree held by a physician.
2-7 (i) [(g)] Graduate medical education may be used as a
2-8 standard or qualification for medical staff membership or
2-9 privileges for a physician, provided that equal recognition is
2-10 given to training programs accredited by the Accreditation Council
2-11 on Graduate Medical Education and by the American Osteopathic
2-12 Association.
2-13 (j) [(h)] Board certification may be used as a standard or
2-14 qualification for medical staff membership or privileges for a
2-15 physician, provided that equal recognition is given to
2-16 certification programs approved by the American Board of Medical
2-17 Specialties and the Bureau of Osteopathic Specialists.
2-18 (k) [(i)] A hospital's credentials committee shall act
2-19 expeditiously and without unnecessary delay when a licensed
2-20 physician, podiatrist, or dentist submits a completed application
2-21 for medical staff membership or privileges. The hospital's
2-22 credentials committee shall take action on the completed
2-23 application not later than the 90th day after the date on which the
2-24 application is received. The governing body of the hospital shall
2-25 take final action on the application for medical staff membership
2-26 or privileges not later than the 60th day after the date on which
2-27 the recommendation of the credentials committee is received. The
2-28 hospital must notify the applicant in writing of the hospital's
2-29 final action, including a reason for denial or restriction of
2-30 privileges, not later than the 20th day after the date on which
2-31 final action is taken.
2-32 SECTION 2. This Act takes effect immediately if it receives
2-33 a vote of two-thirds of all the members elected to each house, as
2-34 provided by Section 39, Article III, Texas Constitution. If this
2-35 Act does not receive the vote necessary for immediate effect, this
2-36 Act takes effect September 1, 2001.
2-37 * * * * *