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.     Bonnen of Galveston     ______________________________   Speaker of the House                 I certify that H.R. No. 2628 was adopted by the House on May   28, 2017, by the following vote:  Yeas 147, Nays 0, 2 present, not   voting.     ______________________________   Chief Clerk of the House