Bill Text: TX SR948 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction on SB 1148.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-05-28 - Reported enrolled [SR948 Detail]
Download: Texas-2017-SR948-Enrolled.html
By: Buckingham | S.R. No. 948 |
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BE IT RESOLVED by the Senate of the State of Texas, 85th | ||
Legislature, Regular Session, 2017, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 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: | ||
Senate Rule 12.03(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. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on May 28, 2017, by the | ||
following vote: Yeas 30, Nays 1. | ||
_______________________________ | ||
Secretary of the Senate |