Texas 2011 - 82nd Regular

Texas House Bill HB1990 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hardcastle H.B. No. 1990
2	2	Substitute the following for H.B. No. 1990:
3	3	By: Gonzales of Williamson C.S.H.B. No. 1990
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the authority of the board of directors of the Hardeman
9	9	County Hospital District to employ physicians and other health care
10	10	providers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 1038.062, Special
13	13	District Local Laws Code, is amended to read as follows:
14	14	Sec. 1038.062. [APPOINTMENT AND RECRUITMENT OF] STAFF AND
15	15	EMPLOYEES.
16	16	SECTION 2. Section 1038.062, Special District Local Laws
17	17	Code, is amended by adding Subsections (a-1) and (e) and amending
18	18	Subsection (c) to read as follows:
19	19	(a-1) The board may employ physicians and other health care
20	20	providers as necessary for the efficient operation of the district.
21	21	(c) Except as otherwise provided by this subsection, the
22	22	[The] board may delegate to the district administrator the
23	23	authority to employ district employees, including technicians and
24	24	nurses. The board may not delegate to the district administrator
25	25	the authority to employ physicians.
26	26	(e) This section may not be construed as authorizing the
27	27	board to supervise or control the practice of medicine, as
28	28	prohibited by Subtitle B, Title 3, Occupations Code.
29	29	(f) The board may employ a physician and retain all or part
30	30	of the professional income generated by the physician for medical
31	31	services provided at the hospital and other health facilities owned
32	32	or operated by the hospital if the hospital satisfies the
33	33	requirements of this subchapter.
34	34	(g) The board shall:
35	35	(1) appoint a chief medical officer, who may be a
36	36	member of the hospital's medical staff; and
37	37	(2) adopt, maintain, and enforce policies to ensure
38	38	that a physician employed by the hospital exercises the physician's
39	39	independent medical judgment in providing care to patients at the
40	40	hospital.
41	41	(h) The policies adopted under this section must include:
42	42	(1) policies relating to:
43	43	(A) credentialing;
44	44	(B) quality assurance;
45	45	(C) utilization review;
46	46	(D) peer review; and
47	47	(E) medical decision-making; and
48	48	(2) the implementation of a complaint mechanism to
49	49	process and resolve complaints regarding interference or attempted
50	50	interference with a physician's independent medical judgment.
51	51	(i) The policies adopted under this section must be approved
52	52	by the chief medical officer of the hospital.
53	53	(j) For all matters relating to the practice of medicine,
54	54	each physician employed by the hospital under this subchapter shall
55	55	ultimately report to the chief medical officer of the hospital. The
56	56	policies adopted under this section:
57	57	(1) must be approved by the chief medical officer of
58	58	the hospital; and
59	59	(2) shall control and prevail in the event of a
60	60	conflict with any other policies of a hospital under this
61	61	subchapter.
62	62	(k) The chief medical officer shall immediately report to
63	63	the Texas Medical Board any action or event that the chief medical
64	64	officer reasonably and in good faith believes constitutes a
65	65	compromise of the independent medical judgment of a physician in
66	66	caring for a patient."
67	67	SECTION 3. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2011.