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.