Texas 2009 - 81st Regular

Texas Senate Bill SB1705 Compare Versions

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1	1	S.B. No. 1705
2	2
3	3
4	4	AN ACT
5	5	relating to the authority and policies and procedures of the Dallas
6	6	County Hospital District with regard to appointing, contracting
7	7	for, or employing physicians, dentists, and other health care
8	8	providers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 281, Health and Safety
11	11	Code, is amended by adding Section 281.0282 to read as follows:
12	12	Sec. 281.0282. DALLAS COUNTY HOSPITAL DISTRICT; EMPLOYMENT
13	13	OF HEALTH CARE PROVIDERS AND PHYSICIANS. (a) The board of the
14	14	Dallas County Hospital District may appoint, contract for, or
15	15	employ physicians, dentists, and other health care providers as the
16	16	board considers necessary for the efficient operation of the
17	17	district.
18	18	(b) The term of an employment contract entered into under
19	19	this section may not exceed four years.
20	20	(c) This section may not be construed as authorizing the
21	21	board of the Dallas County Hospital District to supervise or
22	22	control the practice of medicine, as prohibited by Subtitle B,
23	23	Title 3, Occupations Code.
24	24	(d) The authority granted to the board of the Dallas County
25	25	Hospital District under Subsection (a) to employ physicians shall
26	26	apply only as necessary for the district to fulfill the district's
27	27	statutory mandate to provide medical and dental care for the
28	28	indigent and needy residents of the district as provided by Section
29	29	281.046.
30	30	(e) The Dallas County Hospital District shall establish a
31	31	committee consisting of at least five actively practicing
32	32	physicians who provide care in the district. The committee shall
33	33	approve existing policies or adopt new policies, if no policies
34	34	exist, to ensure that a physician who is employed by the district is
35	35	exercising the physician's independent medical judgment in
36	36	providing care to patients.
37	37	(f) The chair of the committee must be a member of the
38	38	executive committee of the Dallas County Hospital District's
39	39	medical staff.
40	40	(g) The policies adopted or approved by the committee shall
41	41	include policies relating to credentialing, quality assurance,
42	42	utilization review, peer review, medical decision-making,
43	43	governance of the committee, and due process.
44	44	(h) Each member of a committee shall provide biennially to
45	45	the chief medical officer of the Dallas County Hospital District a
46	46	signed, verified statement indicating that the committee member:
47	47	(1) is licensed by the Texas Medical Board;
48	48	(2) will exercise independent medical judgment in all
49	49	committee matters, including matters relating to credentialing,
50	50	quality assurance, utilization review, peer review, medical
51	51	decision-making, and due process;
52	52	(3) will exercise the committee member's best efforts
53	53	to ensure compliance with the Dallas County Hospital District's
54	54	policies that are adopted or established by the committee; and
55	55	(4) will report immediately to the Texas Medical Board
56	56	any action or event that the committee member reasonably and in good
57	57	faith believes constitutes a compromise of the independent medical
58	58	judgment of a physician in caring for a patient.
59	59	(i) The committee shall adopt rules requiring the
60	60	disclosure of financial conflicts of interest by a committee
61	61	member.
62	62	(j) For all matters relating to the practice of medicine,
63	63	each physician employed by the board shall ultimately report to the
64	64	chief medical officer of the Dallas County Hospital District.
65	65	SECTION 2. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2009.
70	70	______________________________ ______________________________
71	71	President of the Senate Speaker of the House
72	72	I hereby certify that S.B. No. 1705 passed the Senate on
73	73	April 30, 2009, by the following vote: Yeas 31, Nays 0.
74	74	______________________________
75	75	Secretary of the Senate
76	76	I hereby certify that S.B. No. 1705 passed the House on
77	77	May 27, 2009, by the following vote: Yeas 147, Nays 1, one
78	78	present not voting.
79	79	______________________________
80	80	Chief Clerk of the House
81	81	Approved:
82	82	______________________________
83	83	Date
84	84	______________________________
85	85	Governor