HBA-SEB S.B. 1132 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1132
By: Madla
Public Health
5/6/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current law, only applicants for medical staff membership are
provided with procedural due process.  Many of the concerns of a member of
a hospital staff arise when the hospital terminates membership, refuses to
renew membership, or limits the privileges of medical staff.  Many
hospitals already provide due process for these actions because of the
passage of the Health Care Quality Improvement Act of 1986 (Public Law No.
99-660), which requires adverse actions concerning a quality of care issue
to be reported to the National Practitioner Data Bank. 

S.B 1132 recognizes the change in the legal and practice environment of
hospitals and medical staff members by amending the Health and Safety Code
to provide that the process for considering the renewal, modification, or
revocation of medical staff membership and privileges must afford each
physician, podiatrist, and dentist procedural due process. 

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 241.101(c), Health and Safety Code, to provide
that the process for considering the renewal, modification, or revocation
of medical staff membership and privileges must afford each physician,
podiatrist, and dentist procedural due process. 

SECTION 2.Emergency clause.
  Effective date: upon passage.