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


Office of House Bill AnalysisH.B. 3152
By: Capelo
Civil Practices
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, 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 authorizes a physician, podiatrist, or dentist to bring a cause of
action against a hospital for damages. 

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 who is damaged by a failure to follow due
process protections for considering applications regarding medical staff
membership and privileges to bring an action for damages on behalf of the
physician, podiatrist, or dentist and others similarly situated.  The bill
authorizes the damages to include actual damages, reasonable court costs
and attorney's fees, and other appropriate relief. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.