Texas 2017 - 85th Regular

Texas Senate Bill SR948 Compare Versions

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1	1		By: Buckingham S.R. No. 948
2	2
3	3
4	4		SENATE RESOLUTION
5	5		BE IT RESOLVED by the Senate of the State of Texas, 85th
6	6		Legislature, Regular Session, 2017, That Senate Rule 12.03 be
7	7		suspended in part as provided by Senate Rule 12.08 to enable the
8	8		conference committee appointed to resolve the differences on
9	9		Senate Bill 1148 (maintenance of certification by a physician or
10	10		an applicant for a license to practice medicine in this state) to
11	11		consider and take action on the following matter:
12	12		Senate Rule 12.03(4) is suspended to permit the committee
13	13		to add text on a matter not included in either the house or senate
14	14		version of the bill by adding SECTION 3 to the bill to read as
15	15		follows:
16	16		SECTION 3. Subchapter B, Chapter 151, Occupations Code,
17	17		is amended by adding Section 151.0515 to read as follows:
18	18		Sec. 151.0515. DISCRIMINATION BASED ON MAINTENANCE OF
19	19		CERTIFICATION. (a) Except as otherwise provided by this
20	20		section, the following entities may not differentiate between
21	21		physicians based on a physician's maintenance of certification:
22	22		(1) a health facility that is licensed under
23	23		Subtitle B, Title 4, Health and Safety Code, or a mental hospital
24	24		that is licensed under Chapter 577, Health and Safety Code, if
25	25		the facility or hospital has an organized medical staff or a
26	26		process for credentialing physicians;
27	27		(2) a hospital that is owned or operated by this
28	28		state;
29	29		(3) an institution or program that is owned,
30	30		operated, or licensed by this state, including an institution or
31	31		program that directly or indirectly receives state financial
32	32		assistance, if the institution or program:
33	33		(A) has an organized medical staff or a
34	34		process for credentialing physicians on its staff; and
35	35		(B) is not a medical school, as defined by
36	36		Section 61.501, Education Code, or a comprehensive cancer
37	37		center, as designated by the National Cancer Institute; or
38	38		(4) an institution or program that is owned,
39	39		operated, or licensed by a political subdivision of this state,
40	40		if the institution or program has an organized medical staff or a
41	41		process for credentialing physicians on its staff.
42	42		(b) An entity described by Subsection (a) may
43	43		differentiate between physicians based on a physician's
44	44		maintenance of certification if:
45	45		(1) the entity's designation under law or
46	46		certification or accreditation by a national certifying or
47	47		accrediting organization is contingent on the entity requiring a
48	48		specific maintenance of certification by physicians seeking
49	49		staff privileges or credentialing at the entity; and
50	50		(2) the differentiation is limited to those
51	51		physicians whose maintenance of certification is required for
52	52		the entity's designation, certification, or accreditation as
53	53		described by Subdivision (1).
54	54		(c) An entity described by Subsection (a) may
55	55		differentiate between physicians based on a physician's
56	56		maintenance of certification if the voting physician members of
57	57		the entity's organized medical staff vote to authorize the
58	58		differentiation.
59	59		(d) An authorization described by Subsection (c) may:
60	60		(1) be made only by the voting physician members of
61	61		the entity's organized medical staff and not by the entity's
62	62		governing body, administration, or any other person;
63	63		(2) subject to Subsection (e), establish terms
64	64		applicable to the entity's differentiation, including:
65	65		(A) appropriate grandfathering provisions;
66	66		and
67	67		(B) limiting the differentiation to certain
68	68		medical specialties; and
69	69		(3) be rescinded at any time by a vote of the voting
70	70		physician members of the entity's organized medical staff.
71	71		(e) Terms established under Subsection (d)(2) may not
72	72		conflict with a maintenance of certification requirement
73	73		applicable to the entity's designation under law or
74	74		certification or accreditation by a national certifying or
75	75		accrediting organization.
76	76		Explanation: The change is necessary to provide that
77	77		certain entities may not differentiate between physicians based
78	78		on a physician's maintenance of certification except in certain
79	79		circumstances.
80		-	_______________________________
81		-	President of the Senate
82		-	I hereby certify that the
83		-	above Resolution was adopted by
84		-	the Senate on May 28, 2017, by the
85		-	following vote: Yeas 30, Nays 1.
86		-	_______________________________
87		-	Secretary of the Senate