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


Office of House Bill AnalysisC.S.H.B. 747
By: Gallego
Public Health
4/5/1999
Committee Report (Substituted)



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.
Current 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 may not clearly protect the minutes
and journals of the meeting.  C.S.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), Medical Practice Act, Article 4495b,
V.T.C.S., 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 by reorganizing
language to provide that the condition regarding the evaluation involving
discussions or records that could identify an individual patient or
physician applies to the evaluation of the competence of a physician, as
well as the evaluation of the quality of medical and health care services.