Texas 2019 - 86th Regular

Texas House Bill HB4215 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12366 BEE-D
2	2	By: Bonnen of Galveston H.B. No. 4215
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voting by physicians at certain entities to authorize
8	8	the differentiation of physicians based on maintenance of
9	9	certification.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter E, Chapter 241, Health and Safety
12	12	Code, is amended by adding Section 241.1011 to read as follows:
13	13	Sec. 241.1011. HOSPITAL AUTHORITY TO DIFFERENTIATE BASED ON
14	14	MAINTENANCE OF CERTIFICATION. An entity to which Section 151.0515,
15	15	Occupations Code, applies violates this chapter if the entity does
16	16	not comply with the requirements of that section regarding the
17	17	provision of written notice regarding and the holding of an
18	18	election to vote on whether to authorize the entity to
19	19	differentiate between physicians based on a physician's
20	20	maintenance of certification.
21	21	SECTION 2. Section 151.0515, Occupations Code, is amended
22	22	by amending Subsections (c) and (d) and adding Subsection (c-1) to
23	23	read as follows:
24	24	(c) Subject to this section, a separately certified [An]
25	25	entity described by Subsection (a) may differentiate between
26	26	physicians based on a physician's maintenance of certification if
27	27	the voting physician members of that [the] entity's organized
28	28	medical staff vote to authorize the differentiation.
29	29	(c-1) An entity described by Subsection (a) shall:
30	30	(1) provide written notice to the voting physician
31	31	members of the entity's organized medical staff of the process by
32	32	which the members may request an election to vote on whether to
33	33	authorize the entity to differentiate between physicians based on a
34	34	physician's maintenance of certification; and
35	35	(2) if the voting physician members request the
36	36	election in accordance with the process described in the notice
37	37	required by Subdivision (1), hold the election not later than the
38	38	60th day after the date of the request.
39	39	(d) An authorization described by Subsection (c) may:
40	40	(1) be made only by the voting physician members of the
41	41	separately certified entity's organized medical staff and not by
42	42	the entity's governing body, administration, medical executive
43	43	committee, or any other person;
44	44	(2) subject to Subsection (e), establish terms
45	45	applicable to the entity's differentiation, including:
46	46	(A) appropriate grandfathering provisions; and
47	47	(B) limiting the differentiation to certain
48	48	medical specialties; and
49	49	(3) be rescinded at any time by a vote of the voting
50	50	physician members of the entity's organized medical staff.
51	51	SECTION 3. This Act takes effect September 1, 2019.