The Commerce and Labor Committee has put HB157 on Tuesday, February 6th, 2018. Pocahontas Building  900 Main Street, Richmond Virginia. 12PM-4PM

Room: House Committee Room, Ground Floor, Room W011, Pocahontas Building

 

Medical Society of Virginia has negotiated to make the following amendments to the bill.  While the amendments are not as strong as the original bill, the first phase is to get this out of committee.

Supporting these amendments will help get this bill out of the committee and onward to the House and Senate. If the bill gets killed for whatever reason in this committee, this cannot be brought up again next year and puts us behind with a bill that was killed once. Therefore, support of the bill with these amendments is critical.  Also, a key point to note, this bill does not allow a specific certification company to be the sole place of certification:

1) a medical specialty member board of the American Board of Medical Specialties; 2) a medical specialty member board of the American Osteopathic Association Bureau of Osteopathic Specialties; 3) any other certifying board determined to be acceptable and approved by the voting members of the medical staff of such hospital; or 4) any other educational course, seminar or class determined acceptable to and approved by the voting members of the medical staff of such hospital.

Therefore, you can utilize NBPAS or any other certifying board. This is the first step of many in the process to decouple MOC. Hope to see many of you there.

HOUSE BILL NO. 157
Offered January 10, 2018
Prefiled December 21, 2017
A BILL to amend and reenact § 32.1-134.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.20 and by adding a section numbered 54.1-2912.1:1, relating to right to treat; requirement of Maintenance of Certification prohibited.
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Patrons– Rasoul and Kory
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:
1. That § 32.1-134.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.20 and by adding a section numbered 54.1-2912.1:1 as follows:
§ 32.1-134.1. When denial, etc., to duly licensed physician of staff membership or professional privileges improper.

A. It shall be an improper practice for the governing body of a hospital which has twenty-five beds or more and which is required by state law to be licensed to refuse or fail to act within sixty days of a completed application for staff membership or professional privileges or deny or withhold from a duly licensed physician staff membership or professional privileges in such hospital, or to exclude or expel a physician from staff membership in such hospital or curtail, terminate or diminish in any way a physician’s professional privileges in such hospital, without stating in writing the reason or reasons therefor, a copy of which shall be provided to the physician. If the reason or reasons stated are unrelated to standards of patient care, patient welfare, violation of the rules and regulations of the institution or staff, the objectives or efficient operations of the institution, or the character or competency of the applicant, or misconduct in any hospital, it shall be deemed an improper practice.

B. The governing body of a hospital described in subsection A may differentiate between physicians based on maintenance of certification provided such differentiation is approved by the voting members of the medical staff of such hospital. For purposes of the section, differentiation shall include, in part, the granting of privileges, the denial of privileges, the limitation or revocation of privileges, eligibility for medical staff membership, establishment of medical staff categories of membership, or surgeries or procedures permitted to be performed. Nothing in the section shall prohibit the members of the medical staff from grandfathering physicians from any requirement to comply with maintenance of certification. Nothing in this section shall prohibit members of the medical staff from voting to establish different standards of differentiation among medical specialties. For purposes of the subsection “maintenance of certification” means the satisfactory completion of periodic recertification requirements that are required for physicians to maintain certification after initial certification from the following: 1) a medical specialty member board of the American Board of Medical Specialties; 2) a medical specialty member board of the American Osteopathic Association Bureau of Osteopathic Specialties; 3) any other certifying board determined to be acceptable and approved by the voting members of the medical staff of such hospital; or 4) any other educational course, seminar or class determined acceptable to and approved by the voting members of the medical staff of such hospital.

C. Any physician licensed in this Commonwealth to practice medicine who is aggrieved by any violation of this section shall have the right to seek an injunction from the circuit court of the city or county in which the hospital alleged to have violated this section is located prohibiting any such further violation. The provisions of this section shall not be deemed to impair or affect any other right or remedy;, provided that a violation of this section shall not constitute a violation of the provisions of this article for the purposes of § 32.1-135.

§ 38.2-3407.20. Requirement of Maintenance of Certification prohibited.
A. No provider plan pursuant to this chapter or Chapter 42 (§ 38.2-4200 et seq.) or health maintenance organization pursuant to Chapter 43 (§ 38.2-4300 et seq.) shall (i) require any Maintenance of Certification, as defined in § 54.1-2912.1:1, as a condition of participation or reimbursement for a physician licensed by the Board of Medicine pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 or (ii) establish different rates of reimbursement for physicians based on participation in any Maintenance of Certification, as defined in § 54.1-2912.1:1.

B. The provisions of subsection A shall not apply to any health maintenance organization that: (i) contracts with one multispecialty group of physicians who are employed by or are shareholders of the multispecialty group, which multispecialty group of physicians may also contract with health care providers in the community; and (ii) provides and arranges for the provision of physician services to its members by such multispecialty groupphysicians or by such contracted health care providers in the community.

§ 54.1-2912.1:1. Requirement of Maintenance of Certification prohibited.

A. As used in this section,
“Maintenance of Certification” means the satisfactory completion of periodic recertification requirements that are required for physicians to maintain certification after initial certification from the following: 1) a medical specialty member board of the American Board of Medical Specialties; 2) a medical specialty member board of the American Osteopathic Association Bureau of Osteopathic Specialties; 3) any other certifying board acceptable to the Board.

B. The Board shall not require participation in any Maintenance of Certification program or obtaining or maintaining any national or regional recertification as a condition of licensure to practice medicine in the Commonwealth.

C. Nothing in this section shall exempt licensed physicians from continuing medical education requirements established by the Board of Medicine pursuant to § 54.1-2912.1.

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