86R12366 BEE-D
By: Buckingham S.B. No. 1882
A BILL TO BE ENTITLED
AN ACT
relating to voting by physicians at certain entities to authorize
the differentiation of physicians based on maintenance of
certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 241, Health and Safety
Code, is amended by adding Section 241.1011 to read as follows:
Sec. 241.1011. HOSPITAL AUTHORITY TO DIFFERENTIATE BASED ON
MAINTENANCE OF CERTIFICATION. An entity to which Section 151.0515,
Occupations Code, applies violates this chapter if the entity does
not comply with the requirements of that section regarding the
provision of written notice regarding and the holding of an
election to vote on whether to authorize the entity to
differentiate between physicians based on a physician's
maintenance of certification.
SECTION 2. Section 151.0515, Occupations Code, is amended
by amending Subsections (c) and (d) and adding Subsection (c-1) to
read as follows:
(c) Subject to this section, a separately certified [An]
entity described by Subsection (a) may differentiate between
physicians based on a physician's maintenance of certification if
the voting physician members of that [the] entity's organized
medical staff vote to authorize the differentiation.
(c-1) An entity described by Subsection (a) shall:
(1) provide written notice to the voting physician
members of the entity's organized medical staff of the process by
which the members may request an election to vote on whether to
authorize the entity to differentiate between physicians based on a
physician's maintenance of certification; and
(2) if the voting physician members request the
election in accordance with the process described in the notice
required by Subdivision (1), hold the election not later than the
60th day after the date of the request.
(d) An authorization described by Subsection (c) may:
(1) be made only by the voting physician members of the
separately certified entity's organized medical staff and not by
the entity's governing body, administration, medical executive
committee, or any other person;
(2) subject to Subsection (e), establish terms
applicable to the entity's differentiation, including:
(A) appropriate grandfathering provisions; and
(B) limiting the differentiation to certain
medical specialties; and
(3) be rescinded at any time by a vote of the voting
physician members of the entity's organized medical staff.
SECTION 3. This Act takes effect September 1, 2019.