HBA-DMH H.B. 3152 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3152
By: Capelo
Civil Practices
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Hospitals are required to provide procedural due process to certain medical
practitioners when considering applications for medical staff membership
and privileges or the renewal, modification, or revocation of medical staff
membership and privileges.  Medical practitioners have no recourse if a
hospital does not adhere to this rule of law.  House Bill 3152 establishes
provisions for alternative dispute resolution for a physician, podiatrist,
or dentist relating to a  physician's, podiatrist's, or dentist's medical
staff membership or privileges. 

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. 

ANALYSIS

House Bill 3152 amends the Health and Safety Code to authorize a
physician, podiatrist, or dentist (medical professional) to require a
hospital to participate in alternative dispute resolution procedures or
binding arbitration if the hospital's credentials committee has failed to
take action on a completed application as required or a medical
professional is subject to a professional review action that may adversely
affect his medical staff membership or privileges and the medical
professional believes that mediation of the dispute is desirable.  The bill
requires the mediation to be conducted by a person meeting the
qualifications required by the Civil Practice and Remedies Code, and within
a reasonable period of time.  These provisions do not authorize a cause of
action by a medical professional against the hospital other than an action
to require a hospital to participate in mediation. 

EFFECTIVE DATE

June 15, 2001.