85R34589 BEE-D
	By: Bonnen of Galveston	H.R. No. 2628

	R E S O L U T I O N
	BE IT RESOLVED by the House of Representatives of the State of
	Texas, 85th Legislature, Regular Session, 2017, That House Rule 13,
	Section 9(a), be suspended in part as provided by House Rule 13,
	Section 9(f), to enable the conference committee appointed to
	resolve the differences on Senate Bill 1148 (maintenance of
	certification by a physician or an applicant for a license to
	practice medicine in this state) to consider and take action on the
	following matter:
	House Rule 13, Section 9(a)(4), is suspended to permit the
	committee to add text on a matter not included in either the house
	or senate version of the bill by adding SECTION 3 to the bill to read
	as follows:
	SECTION 3.  Subchapter B, Chapter 151, Occupations Code, is
	amended by adding Section 151.0515 to read as follows:
	Sec. 151.0515.  DISCRIMINATION BASED ON MAINTENANCE OF
	CERTIFICATION. (a) Except as otherwise provided by this section,
	the following entities may not differentiate between physicians
	based on a physician's maintenance of certification:
	(1)  a health facility that is licensed under Subtitle
	B, Title 4, Health and Safety Code, or a mental hospital that is
	licensed under Chapter 577, Health and Safety Code, if the facility
	or hospital has an organized medical staff or a process for
	credentialing physicians;
	(2)  a hospital that is owned or operated by this state;
	(3)  an institution or program that is owned, operated,
	or licensed by this state, including an institution or program that
	directly or indirectly receives state financial assistance, if the
	institution or program:
	(A)  has an organized medical staff or a process
	for credentialing physicians on its staff; and
	(B)  is not a medical school, as defined by
	Section 61.501, Education Code, or a comprehensive cancer center,
	as designated by the National Cancer Institute; or
	(4)  an institution or program that is owned, operated,
	or licensed by a political subdivision of this state, if the
	institution or program has an organized medical staff or a process
	for credentialing physicians on its staff.
	(b)  An entity described by Subsection (a) may differentiate
	between physicians based on a physician's maintenance of
	certification if:
	(1)  the entity's designation under law or
	certification or accreditation by a national certifying or
	accrediting organization is contingent on the entity requiring a
	specific maintenance of certification by physicians seeking staff
	privileges or credentialing at the entity; and
	(2)  the differentiation is limited to those physicians
	whose maintenance of certification is required for the entity's
	designation, certification, or accreditation as described by
	Subdivision (1).
	(c)  An entity described by Subsection (a) may differentiate
	between physicians based on a physician's maintenance of
	certification if the voting physician members of the entity's
	organized medical staff vote to authorize the differentiation.
	(d)  An authorization described by Subsection (c) may:
	(1)  be made only by the voting physician members of the
	entity's organized medical staff and not by the entity's governing
	body, administration, or any other person;
	(2)  subject to Subsection (e), establish terms
	applicable to the entity's differentiation, including:
	(A)  appropriate grandfathering provisions; and
	(B)  limiting the differentiation to certain
	medical specialties; and
	(3)  be rescinded at any time by a vote of the voting
	physician members of the entity's organized medical staff.
	(e)  Terms established under Subsection (d)(2) may not
	conflict with a maintenance of certification requirement
	applicable to the entity's designation under law or certification
	or accreditation by a national certifying or accrediting
	organization.
	Explanation: The change is necessary to provide that certain
	entities may not differentiate between physicians based on a
	physician's maintenance of certification except in certain
	circumstances.