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A BILL TO BE ENTITLED
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AN ACT
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relating to voting by physicians at certain entities to authorize |
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the differentiation of physicians based on maintenance of |
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certification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 241, Health and Safety |
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Code, is amended by adding Section 241.1011 to read as follows: |
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Sec. 241.1011. HOSPITAL AUTHORITY TO DIFFERENTIATE BASED ON |
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MAINTENANCE OF CERTIFICATION. An entity to which Section 151.0515, |
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Occupations Code, applies violates this chapter if the entity does |
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not comply with the requirements of that section regarding the |
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provision of written notice regarding and the holding of an |
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election to vote on whether to authorize the entity to |
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differentiate between physicians based on a physician's |
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maintenance of certification. |
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SECTION 2. Section 151.0515, Occupations Code, is amended |
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by amending Subsections (c) and (d) and adding Subsection (c-1) to |
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read as follows: |
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(c) Subject to this section, a separately certified [An] |
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entity described by Subsection (a) may differentiate between |
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physicians based on a physician's maintenance of certification if |
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the voting physician members of that [the] entity's organized |
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medical staff vote to authorize the differentiation. |
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(c-1) An entity described by Subsection (a) shall: |
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(1) provide written notice to the voting physician |
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members of the entity's organized medical staff of the process by |
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which the members may request an election to vote on whether to |
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authorize the entity to differentiate between physicians based on a |
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physician's maintenance of certification; and |
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(2) if the voting physician members request the |
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election in accordance with the process described in the notice |
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required by Subdivision (1), hold the election not later than the |
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60th day after the date of the request. |
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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 the |
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separately certified entity's organized medical staff and not by |
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the entity's governing body, administration, medical executive |
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committee, 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; 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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SECTION 3. This Act takes effect September 1, 2019. |