Texas Occupations Code - Section 151.051. Discrimination Based On Type Of Academic Medical Degree Or Certain Religious Tenets Prohibited
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§ 151.051. DISCRIMINATION BASED ON TYPE OF ACADEMIC
MEDICAL DEGREE OR CERTAIN RELIGIOUS TENETS PROHIBITED. (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.
(b) The limitations imposed under this section relating to
discrimination based on the academic medical degree of a physician
do not apply to practice limitations adopted by:
(1) a medical school or college, including a program
of a medical school or college; or
(2) any office or offices of physicians, singularly or
in groups, in the conduct of their profession.
(c) This subtitle may not be construed in a manner that:
(1) discriminates against a school or system of
medical practice; or
(2) affects the use of the principles or teachings of
any church in ministering to the sick or suffering by prayer or
pastoral counseling without the use of a drug or other material
substance represented as medically effective.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
Section: 112.002 112.051 151.001 151.002 151.003 151.004 151.005 151.051 151.052 151.053 151.054 151.055 151.056 152.001 152.002
Last modified: August 10, 2007
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