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.