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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.