By Dunnam H.B. No. 3395
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to standards for credentialing of health care providers in
1-3 health care liability claims.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sec. 160.010, Occupations Code, is amended by
1-6 amending Subsections (b) and (c) and by adding new Subsections (e)
1-7 and (f) to read as follows:
1-8 (b) Except as provided in Subsection (e) of this section, a
1-9 [A] cause of action does not accrue against a member, agent, or
1-10 employee of a medical peer review committee or against a health
1-11 care entity from any act, statement, determination or
1-12 recommendation made, or act reported, without malice, in the course
1-13 of medical peer review.
1-14 (c) Except as provided in Subsection (e) of this section, a
1-15 [A] person, medical peer review committee, or health care entity
1-16 that, without malice, participates in medical peer review or
1-17 furnishes records, information, or assistance to a medical peer
1-18 review committee or the board is immune from any civil liability
1-19 arising from that act.
1-20 (e)(1) Notwithstanding any other provision of this section,
1-21 a hospital or a health maintenance organization is liable to a
1-22 patient without proof of malice if the trier of fact determines by
1-23 a preponderance of the evidence that the members or staff of a
2-1 medical peer review committee or the officers, agents, employees,
2-2 or the members of the governing body of a hospital, or the health
2-3 maintenance organization is negligent with respect to the granting
2-4 of medical staff privileges or employment, or in retaining members
2-5 of the medical staff whose privileges are expiring, or in failing
2-6 to revoke privileges, or in failing to place appropriate
2-7 limitations on the exercise of privileges, and that such negligence
2-8 was a proximate cause of injury to or death of the patient in
2-9 question.
2-10 (2) If a hospital or health maintenance organization
2-11 delegates to any other person or entity, including any other health
2-12 care entity, the function of making or conducting any inquiry,
2-13 investigation, screening, recommendation, medical peer review, or
2-14 other similar activity in connection with the granting of medical
2-15 staff privileges or employment, or the retaining of members of the
2-16 medical staff whose privileges are expiring, or the revocation of
2-17 privileges or the placing of appropriate limitations on the
2-18 exercise of the privileges, such duties are deemed to be
2-19 non-delegable duties of the hospital or health maintenance
2-20 organization and the hospital or health maintenance organization
2-21 remains ultimately and solely liable for any negligence of any
2-22 person or entity to whom any such duties are delegated where such
2-23 negligence is a proximate cause of injury to or death of the
2-24 patient in question.
2-25 (3) For the purposes of this subsection:
2-26 (a) "Hospital" means a duly licensed public or
3-1 private institution as defined in Chapter 241, Health and Safety
3-2 Code, or in Section 88, Chapter 243, Acts of the 55th Legislature,
3-3 Regular Session, 1957 (Article 5547-88, Vernon's Texas Civil
3-4 Statutes.
3-5 (b) "Health maintenance organization" means an
3-6 organization licensed under the Texas Health Maintenance
3-7 Organization Act, Chapter 20A, Texas Insurance Code.
3-8 (c) "Health care liability claim" means a cause
3-9 of action against a health care provider or physician for
3-10 treatment, lack of treatment, or other claimed departure from
3-11 accepted standards of medical care or health care or safety which
3-12 proximately results in injury to or death of the patient, whether
3-13 the patient's claim or cause of action sounds in tort or contract.
3-14 (f) Nothing in this Act is intended to modify or
3-15 limit any privilege against discovery available in a civil action
3-16 to a medical peer review committee or its members under existing
3-17 law.
3-18 SECTION 2. This Act takes effect September 1, 2001, and
3-19 applies only to a cause of action that accrues on or after the
3-20 effective date of this Act. An action that accrues before the
3-21 effective date is governed by the law in effect immediately before
3-22 that date, and that law is continued in effect for that purpose.