By: Madden H.B. No. 3095
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that a health care entity notify the
Texas State Board of Medical Examiners regarding the privileges or
membership of a physician.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 160.002, Occupations Code, is amended by
amending Subsection (b) and adding a new Subsection (c) to read as
follows:
(a) A medical peer review committee or health care entity
shall report in writing to the board the results and circumstances
of a medical peer review that:
(1) adversely affects the clinical privileges of a
physician for a period longer than 30 days;
(2) accepts a physician's surrender of clinical
privileges either:
(A) while the physician is under an investigation
by the medical peer review committee relating to possible
incompetence or improper professional conduct; or
(B) in return for not conducting an investigation
or proceeding relating to possible incompetence or improper
professional conduct; or
(3) adversely affect the membership of a physician in
a professional society or association, if the medical peer review
is conducted by that society or association.
(b) A health care entity required to report under Subsection
(a) shall provide the report not later than the 30th day after the
date the change in the physician's privileges or membership at the
entity is final.
(c) The duty to report under this section may not be
nullified through contract.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies to an action
taken by a health care entity, or a settlement or agreement between
a health care entity and a physician made, on or after the effective
date of the Act. An action taken by a health care entity, or a
settlement or agreement between a heath care entity and a physician
made, before the effective date of the Act is governed by the law in
effect on the date the action was taken or the settlement or
agreement was made, and the former law is continued in effect for
that purpose.