Texas 2011 - 82nd Regular

Texas Senate Bill SB1255 Compare Versions

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1	1	By: Estes S.B. No. 1255
2	2	(King of Parker)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the employment of physicians by certain municipal
8	8	hospital authorities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (b), Section 262.023, Health and
11	11	Safety Code, is amended to read as follows:
12	12	(b) The board may delegate to the manager or executive
13	13	director the authority to manage the hospital and to employ and
14	14	discharge employees other than physicians hired in accordance with
15	15	Section 262.0235.
16	16	SECTION 2. Subchapter C, Chapter 262, Health and Safety
17	17	Code, is amended by adding Section 262.0235 to read as follows:
18	18	Sec. 262.0235. EMPLOYMENT OF PHYSICIANS. (a) This section
19	19	applies only to an authority that is created by the governing body
20	20	of a municipality with a population of less than 10,000 and that
21	21	owns or operates a hospital with more than 50 licensed beds.
22	22	(b) The board of an authority may employ a physician and
23	23	retain all or part of the professional income generated by the
24	24	physician for medical services provided at a hospital or other
25	25	health care facility owned or operated by the authority if the board
26	26	satisfies the requirements of this section.
27	27	(c) The board of an authority shall:
28	28	(1) appoint a chief medical officer for the authority
29	29	who has been recommended by the medical staff of the authority; and
30	30	(2) adopt, maintain, and enforce policies to ensure
31	31	that a physician employed by the authority exercises the
32	32	physician's independent medical judgment in providing care to
33	33	patients.
34	34	(d) The policies adopted under this section must include:
35	35	(1) policies relating to:
36	36	(A) credentialing and privileges;
37	37	(B) quality assurance;
38	38	(C) utilization review;
39	39	(D) peer review and due process; and
40	40	(E) medical decision-making; and
41	41	(2) the implementation of a complaint mechanism to
42	42	process and resolve complaints regarding interference or attempted
43	43	interference with a physician's independent medical judgment.
44	44	(e) The policies adopted under this section must be approved
45	45	by the medical staff of the authority. The medical staff of the
46	46	authority and the board shall jointly develop and implement a
47	47	conflict management policy to resolve any conflict between a
48	48	medical staff policy and a board policy.
49	49	(f) For all matters relating to the practice of medicine,
50	50	each physician employed by an authority shall ultimately report to
51	51	the chief medical officer of the authority.
52	52	(g) The chief medical officer shall notify the Texas Medical
53	53	Board that the board is employing physicians under this section and
54	54	that the chief medical officer is the board's designated contact
55	55	with the Texas Medical Board. The chief medical officer shall
56	56	immediately report to the Texas Medical Board any action or event
57	57	that the chief medical officer reasonably and in good faith
58	58	believes constitutes a compromise of the independent medical
59	59	judgment of a physician in caring for a patient.
60	60	(h) The board of an authority shall give equal consideration
61	61	regarding the issuance of medical staff membership and privileges
62	62	to physicians employed by the authority and physicians not employed
63	63	by the authority.
64	64	(i) A physician employed by an authority shall retain
65	65	independent medical judgment in providing care to patients and may
66	66	not be disciplined for reasonably advocating for patient care.
67	67	(j) If an authority provides professional liability
68	68	coverage for physicians employed by the authority, a physician
69	69	employed by the authority may participate in the selection of the
70	70	professional liability coverage, has the right to an independent
71	71	defense at the physician's own cost, and retains the right to
72	72	consent to the settlement of any action or proceeding brought
73	73	against the physician.
74	74	(k) If a physician employed by an authority enters into an
75	75	employment agreement that includes a covenant not to compete, the
76	76	agreement is subject to Section 15.50, Business & Commerce Code.
77	77	(l) The board of an authority may not delegate to the
78	78	manager or executive director of a hospital owned or operated by the
79	79	hospital authority the authority to hire a physician.
80	80	(m) This section may not be construed as authorizing the
81	81	board to supervise or control the practice of medicine as
82	82	prohibited under Subtitle B, Title 3, Occupations Code.
83	83	SECTION 3. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2011.