Texas 2011 - 82nd Regular

Texas Senate Bill SB311 Compare Versions

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1	1	By: Seliger S.B. No. 311
2	2	(Chisum)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the board of directors of the Ochiltree
8	8	County Hospital District to employ physicians and other health care
9	9	providers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1071.062, Special District Local Laws
12	12	Code, is amended by amending Subsection (b) and adding Subsection
13	13	(d) to read as follows:
14	14	(b) The board may employ technicians, nurses, health care
15	15	providers other than physicians, fiscal agents, accountants, and
16	16	other necessary employees.
17	17	(d) The board may employ physicians, but only as provided by
18	18	Section 1071.0625.
19	19	SECTION 2. Subchapter B, Chapter 1071, Special District
20	20	Local Laws Code, is amended by adding Section 1071.0625 to read as
21	21	follows:
22	22	Sec. 1071.0625. EMPLOYMENT OF PHYSICIANS. (a) The board
23	23	may employ a physician and retain all or part of the professional
24	24	income generated by the physician for medical services provided at
25	25	a hospital owned or operated by the district if the board satisfies
26	26	the requirements of this section.
27	27	(b) The board shall:
28	28	(1) appoint a chief medical officer for the district;
29	29	and
30	30	(2) adopt, maintain, and enforce policies to ensure
31	31	that a physician employed by the district exercises the physician's
32	32	independent medical judgment in providing care to patients.
33	33	(c) The policies adopted under this section must include:
34	34	(1) policies relating to:
35	35	(A) credentialing;
36	36	(B) quality assurance;
37	37	(C) utilization review;
38	38	(D) peer review; and
39	39	(E) medical decision-making; and
40	40	(2) the implementation of a complaint mechanism to
41	41	process and resolve complaints regarding interference or attempted
42	42	interference with a physician's independent medical judgment.
43	43	(d) The policies adopted under this section:
44	44	(1) must be approved by the chief medical officer of
45	45	the district; and
46	46	(2) shall prevail over a conflicting policy of the
47	47	district.
48	48	(e) For all matters relating to the practice of medicine,
49	49	each physician employed by the board shall ultimately report to the
50	50	chief medical officer of the district.
51	51	(f) The chief medical officer will report immediately to the
52	52	Texas Medical Board any action or event that the chief medical
53	53	officer reasonably and in good faith believes constitutes a
54	54	compromise of the independent medical judgment of a physician in
55	55	caring for a patient.
56	56	(g) The board may not delegate to the district administrator
57	57	the authority to hire a physician.
58	58	(h) This section may not be construed as authorizing the
59	59	board to supervise or control the practice of medicine as
60	60	prohibited under Subtitle B, Title 3, Occupations Code.
61	61	SECTION 3. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2011.