By: Buckingham S.R. No. 948               SENATE RESOLUTION          BE IT RESOLVED by the Senate of the State of Texas, 85th   Legislature, Regular Session, 2017, That Senate Rule 12.03 be   suspended in part as provided by Senate Rule 12.08 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:          Senate Rule 12.03(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.