Texas Occupations Code

§ 151.051 — DISCRIMINATION BASED ON TYPE OF ACADEMIC MEDICAL DEGREE OR CERTAIN RELIGIOUS TENETS PROHIBITED

OC § 151.051Title 3. HEALTH PROFESSIONS · Part B. PHYSICIANS · Ch. 151. GENERAL PROVISIONS · Art. B. APPLICATION AND CONSTRUCTION OF SUBTITLE

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(a)A hospital, institution, or program that is licensed by the state, is operated by the state or a political subdivision of the state, or directly or indirectly receives state financial assistance may not differentiate in regard to a person licensed under this subtitle solely on the basis of the academic medical degree held by the person. The hospital, institution, program, state agency, or political subdivision may adopt rules and requirements relating to qualifications for medical staff appointments, including reappointments and the termination of appointments, the delineation of clinical privileges, or the curtailment of clinical privileges of persons who are appointed to that medical staff or permitted to participate in educational programs if those rules and requirements do not differentiate solely on the basis of the academic medical degree held by the affected physician and are:

(1)determined on a reasonable basis, such as the professional and ethical qualifications of the physician;

(2)based on reasonable standards;

(3)applied without irrelevant considerations;

(4)supported by sufficient evidence; and

(5)not arbitrary or capricious.

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Legislative history

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.