HBA-NMO H.B. 747 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 747
By: Gallego
Public Health
7/7/99
Enrolled



BACKGROUND AND PURPOSE 

Medical peer review committees may evaluate the competence of a physician
or the quality of medical and health care services afforded to patients.
State law protects the minutes and journals of medical peer review
committee hearings.  However, in cases where the governing body of a public
hospital, hospital district, or hospital authority conducts a meeting to
evaluate the competence of a physician or the quality of medical and care
services afforded to patients, the law, prior to the 76th Legislature, may
not have clearly protected the minutes and journals of the meeting.  H.B.
747 provides that the term "medical peer review committee" or "professional
review body" includes the governing body of a public hospital, hospital
authority, or hospital district, in relation to the body's evaluation of
the competence of a physician or the quality of medical or health care
services.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1.03(a)(6), Article 4495b, V.T.C.S. (Medical
Practice Act), to provide that the term "medical peer review committee" or
"professional review body" includes the governing body of a public hospital
owned or operated by a governmental entity, the governing body of a
hospital authority created under Chapter 262 or 264, Health and Safety Code
(Municipal Hospital Authorities and County Hospital Authorities,
respectively), and the governing body of a hospital district created under
Article IX, Texas Constitution (Counties), but only in relation to the
governing body's evaluation of the competence of a physician or the quality
of medical and health care services provided by the public hospital,
hospital authority, or hospital district, to the extent that the evaluation
involves discussions or records that could identify an individual patient
or physician. 

SECTION 2.Emergency clause.
  Effective date: upon passage.