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
 
 
SENATE RESOLUTION
         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
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