Bill Text: TX HR2628 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Suspending limitations on conference committee jurisdiction, S.B. No. 1148.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-05-31 - Reported enrolled [HR2628 Detail]

Download: Texas-2017-HR2628-Enrolled.html
 
 
  H.R. No. 2628
 
 
 
R E S O L U T I O N
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 85th Legislature, Regular Session, 2017, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on Senate Bill 1148 (maintenance of
  certification by a physician or an applicant for a license to
  practice medicine in this state) to consider and take action on the
  following matter:
         House Rule 13, Section 9(a)(4), is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill by adding SECTION 3 to the bill to read
  as follows:
         SECTION 3.  Subchapter B, Chapter 151, Occupations Code, is
  amended by adding Section 151.0515 to read as follows:
         Sec. 151.0515.  DISCRIMINATION BASED ON MAINTENANCE OF
  CERTIFICATION. (a) Except as otherwise provided by this section,
  the following entities may not differentiate between physicians
  based on a physician's maintenance of certification:
               (1)  a health facility that is licensed under Subtitle
  B, Title 4, Health and Safety Code, or a mental hospital that is
  licensed under Chapter 577, Health and Safety Code, if the facility
  or hospital has an organized medical staff or a process for
  credentialing physicians;
               (2)  a hospital that is owned or operated by this state;
               (3)  an institution or program that is owned, operated,
  or licensed by this state, including an institution or program that
  directly or indirectly receives state financial assistance, if the
  institution or program:
                     (A)  has an organized medical staff or a process
  for credentialing physicians on its staff; and
                     (B)  is not a medical school, as defined by
  Section 61.501, Education Code, or a comprehensive cancer center,
  as designated by the National Cancer Institute; or
               (4)  an institution or program that is owned, operated,
  or licensed by a political subdivision of this state, if the
  institution or program has an organized medical staff or a process
  for credentialing physicians on its staff.
         (b)  An entity described by Subsection (a) may differentiate
  between physicians based on a physician's maintenance of
  certification if:
               (1)  the entity's designation under law or
  certification or accreditation by a national certifying or
  accrediting organization is contingent on the entity requiring a
  specific maintenance of certification by physicians seeking staff
  privileges or credentialing at the entity; and
               (2)  the differentiation is limited to those physicians
  whose maintenance of certification is required for the entity's
  designation, certification, or accreditation as described by
  Subdivision (1).
         (c)  An entity described by Subsection (a) may differentiate
  between physicians based on a physician's maintenance of
  certification if the voting physician members of the entity's
  organized medical staff vote to authorize the differentiation.
         (d)  An authorization described by Subsection (c) may:
               (1)  be made only by the voting physician members of the
  entity's organized medical staff and not by the entity's governing
  body, administration, 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.
         (e)  Terms established under Subsection (d)(2) may not
  conflict with a maintenance of certification requirement
  applicable to the entity's designation under law or certification
  or accreditation by a national certifying or accrediting
  organization.
         Explanation: The change is necessary to provide that certain
  entities may not differentiate between physicians based on a
  physician's maintenance of certification except in certain
  circumstances.
 
  Bonnen of Galveston
 
  ______________________________
  Speaker of the House     
 
         I certify that H.R. No. 2628 was adopted by the House on May
  28, 2017, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
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