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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 85th |
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Legislature, Regular Session, 2017, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill 1148 (maintenance of certification by a physician or |
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an applicant for a license to practice medicine in this state) to |
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consider and take action on the following matter: |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to add text on a matter not included in either the house or senate |
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version of the bill by adding SECTION 3 to the bill to read as |
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follows: |
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SECTION 3. Subchapter B, Chapter 151, Occupations Code, |
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is amended by adding Section 151.0515 to read as follows: |
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Sec. 151.0515. DISCRIMINATION BASED ON MAINTENANCE OF |
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CERTIFICATION. (a) Except as otherwise provided by this |
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section, the following entities may not differentiate between |
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physicians based on a physician's maintenance of certification: |
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(1) a health facility that is licensed under |
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Subtitle B, Title 4, Health and Safety Code, or a mental hospital |
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that is licensed under Chapter 577, Health and Safety Code, if |
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the facility or hospital has an organized medical staff or a |
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process for credentialing physicians; |
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(2) a hospital that is owned or operated by this |
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state; |
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(3) an institution or program that is owned, |
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operated, or licensed by this state, including an institution or |
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program that directly or indirectly receives state financial |
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assistance, if the institution or program: |
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(A) has an organized medical staff or a |
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process for credentialing physicians on its staff; and |
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(B) is not a medical school, as defined by |
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Section 61.501, Education Code, or a comprehensive cancer |
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center, as designated by the National Cancer Institute; or |
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(4) an institution or program that is owned, |
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operated, or licensed by a political subdivision of this state, |
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if the institution or program has an organized medical staff or a |
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process for credentialing physicians on its staff. |
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(b) An entity described by Subsection (a) may |
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differentiate between physicians based on a physician's |
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maintenance of certification if: |
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(1) the entity's designation under law or |
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certification or accreditation by a national certifying or |
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accrediting organization is contingent on the entity requiring a |
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specific maintenance of certification by physicians seeking |
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staff privileges or credentialing at the entity; and |
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(2) the differentiation is limited to those |
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physicians whose maintenance of certification is required for |
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the entity's designation, certification, or accreditation as |
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described by Subdivision (1). |
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(c) An entity described by Subsection (a) may |
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differentiate between physicians based on a physician's |
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maintenance of certification if the voting physician members of |
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the entity's organized medical staff vote to authorize the |
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differentiation. |
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(d) An authorization described by Subsection (c) may: |
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(1) be made only by the voting physician members of |
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the entity's organized medical staff and not by the entity's |
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governing body, administration, or any other person; |
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(2) subject to Subsection (e), establish terms |
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applicable to the entity's differentiation, including: |
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(A) appropriate grandfathering provisions; |
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and |
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(B) limiting the differentiation to certain |
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medical specialties; and |
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(3) be rescinded at any time by a vote of the voting |
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physician members of the entity's organized medical staff. |
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(e) Terms established under Subsection (d)(2) may not |
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conflict with a maintenance of certification requirement |
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applicable to the entity's designation under law or |
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certification or accreditation by a national certifying or |
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accrediting organization. |
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Explanation: The change is necessary to provide that |
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certain entities may not differentiate between physicians based |
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on a physician's maintenance of certification except in certain |
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circumstances. |