Texas 2013 - 83rd Regular

Texas House Bill HB3905 Compare Versions

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1	1	By: Bonnen of Brazoria (Senate Sponsor - Taylor) H.B. No. 3905
2	2	(In the Senate - Received from the House May 3, 2013;
3	3	May 3, 2013, read first time and referred to Committee on
4	4	Administration; May 17, 2013, reported favorably by the following
5	5	vote: Yeas 4, Nays 0; May 17, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the Angleton-Danbury Hospital District of Brazoria
11	11	County, Texas.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1002.051(f), Special District Local Laws
14	14	Code, is amended to read as follows:
15	15	(f) Directors serve staggered four-year terms. The
16	16	district shall hold an election each odd-numbered year to elect the
17	17	appropriate number of directors [two-year terms unless four-year
18	18	terms are established under Section 285.081, Health and Safety
19	19	Code. If the directors serve two-year terms, the terms of directors
20	20	elected to odd-numbered positions expire in even-numbered years and
21	21	the terms of directors elected to even-numbered positions expire in
22	22	odd-numbered years].
23	23	SECTION 2. Section 1002.058, Special District Local Laws
24	24	Code, is amended to read as follows:
25	25	Sec. 1002.058. [STAFF PHYSICIAN] OFFICE FACILITIES. (a)
26	26	In this section, "licensed health care professional" means any
27	27	individual who is licensed or certified by or registered in this
28	28	state to provide health care.
29	29	(b) The board shall determine the type, number, and location
30	30	of buildings necessary to establish and maintain office facilities
31	31	for staff physicians, physicians employed under Section 1002.061,
32	32	and other licensed health care professionals to provide adequate
33	33	health [medical] care services for the district within the licensed
34	34	health care professionals' scope of license.
35	35	(c) [(b)] The board may:
36	36	(1) acquire property and equipment and construct
37	37	facilities for the district for use by staff physicians, physicians
38	38	employed under Section 1002.061, and other licensed health care
39	39	professionals; and
40	40	(2) mortgage or pledge the property, equipment, or
41	41	facilities as security for the payment of the purchase price or
42	42	construction cost.
43	43	(d) [(c)] The board may lease the office facilities and
44	44	equipment to staff physicians, physicians employed under Section
45	45	1002.061, and other licensed health care professionals or may sell
46	46	or otherwise dispose of the property, facilities, and equipment.
47	47	SECTION 3. Subchapter B, Chapter 1002, Special District
48	48	Local Laws Code, is amended by adding Section 1002.061 to read as
49	49	follows:
50	50	Sec. 1002.061. EMPLOYMENT OF PHYSICIANS. (a) The board may
51	51	employ a physician and retain all or part of the professional income
52	52	generated by the physician for medical services provided at a
53	53	hospital or other health care facility owned or operated by the
54	54	district if the board satisfies the requirements of this section.
55	55	(b) The board shall:
56	56	(1) appoint a chief medical officer for the district
57	57	who has been recommended by the medical staff of the district; and
58	58	(2) adopt, maintain, and enforce policies to ensure
59	59	that a physician employed by the district exercises the physician's
60	60	independent medical judgment in providing care to patients.
61	61	(c) The policies adopted under this section must include:
62	62	(1) policies relating to:
63	63	(A) credentialing and privileges;
64	64	(B) quality assurance;
65	65	(C) utilization review;
66	66	(D) peer review and due process; and
67	67	(E) medical decision-making; and
68	68	(2) the implementation of a complaint mechanism to
69	69	process and resolve complaints regarding interference or attempted
70	70	interference with a physician's independent medical judgment.
71	71	(d) The policies adopted under this section must be approved
72	72	by the medical staff of the hospital. In the event of a conflict
73	73	between a policy adopted by the board and approved by the medical
74	74	staff under this section and a policy of the hospital, a conflict
75	75	management process shall be jointly developed by the medical staff
76	76	of the hospital and the board and implemented to resolve that
77	77	conflict.
78	78	(e) For all matters relating to the practice of medicine,
79	79	each physician employed by the district shall ultimately report to
80	80	the chief medical officer of the district.
81	81	(f) The chief medical officer shall notify the Texas Medical
82	82	Board that the board is employing physicians under this section and
83	83	that the chief medical officer is the board's designated contact
84	84	with the Texas Medical Board. The chief medical officer shall
85	85	immediately report to the Texas Medical Board any action or event
86	86	that the chief medical officer reasonably and in good faith
87	87	believes constitutes a compromise of the independent medical
88	88	judgment of a physician in caring for a patient.
89	89	(g) The board shall give equal consideration regarding the
90	90	issuance of medical staff membership and privileges to physicians
91	91	employed by the district and physicians not employed by the
92	92	district.
93	93	(h) A physician employed by the district shall retain
94	94	independent medical judgment in providing care to patients and may
95	95	not be disciplined for reasonably advocating for patient care.
96	96	(i) If the district provides professional liability
97	97	coverage for physicians employed by the district, a physician
98	98	employed by the district may participate in the selection of the
99	99	professional liability coverage, has the right to an independent
100	100	defense at the physician's own cost, and retains the right to
101	101	consent to the settlement of any action or proceeding brought
102	102	against the physician.
103	103	(j) If a physician employed by the district enters into an
104	104	employment agreement that includes a covenant not to compete, the
105	105	agreement is subject to Section 15.50, Business & Commerce Code,
106	106	and any other applicable provision.
107	107	(k) The board may not delegate to the chief executive
108	108	officer of the district the authority to hire, terminate, or make
109	109	any other personnel decisions relating to a physician.
110	110	(l) This section applies to medical services provided by a
111	111	physician at a hospital or other health care facility owned or
112	112	operated by the district.
113	113	(m) This section may not be construed as authorizing the
114	114	board to supervise or control the practice of medicine as
115	115	prohibited under Subtitle B, Title 3, Occupations Code.
116	116	SECTION 4. Section 1002.251, Special District Local Laws
117	117	Code, is amended to read as follows:
118	118	Sec. 1002.251. DEPOSITORY. The [As soon as practicable
119	119	after the creation election results favorably to the creation of
120	120	the district, the] board shall by resolution designate a bank
121	121	within the county as the district's depository, and all funds of the
122	122	district shall be secured in the manner provided for the security of
123	123	county funds. Such depository shall serve for a period of five
124	124	[two] years and until a successor has been selected.
125	125	SECTION 5. Section 1002.252(b), Special District Local Laws
126	126	Code, is amended to read as follows:
127	127	(b) To secure a loan or line of credit, the board may pledge:
128	128	(1) revenue of the district that is not pledged to pay
129	129	the district's bonded indebtedness;
130	130	(2) taxes to be imposed by the district in the next
131	131	12-month period that are not pledged to pay the principal of or
132	132	interest on district bonds; or
133	133	(3) district bonds that have been authorized but not
134	134	sold.
135	135	SECTION 6. (a) Notwithstanding Section 1002.051, Special
136	136	District Local Laws Code, as amended by this Act, an election of the
137	137	board of directors of the Angleton-Danbury Hospital District of
138	138	Brazoria County, Texas, shall be held in May 2014, and the directors
139	139	elected to places 1, 3, 5, 7, and 9 at the election shall serve
140	140	three-year terms.
141	141	(b) The election of the board of directors scheduled to be
142	142	held in May 2015 must be held, and the directors elected to places
143	143	2, 4, 6, and 8 at that election shall serve four-year terms.
144	144	(c) The directors elected at the elections to be held in May
145	145	2017 and May 2019 shall serve four-year terms.
146	146	SECTION 7. (a) Except as provided by Subsection (b) of this
147	147	section:
148	148	(1) this Act takes effect immediately if it receives a
149	149	vote of two-thirds of all the members elected to each house, as
150	150	provided by Section 39, Article III, Texas Constitution; and
151	151	(2) if this Act does not receive the vote necessary for
152	152	immediate effect, this Act takes effect September 1, 2013.
153	153	(b) Section 1002.051, Special District Local Laws Code, as
154	154	amended by this Act, takes effect January 1, 2014.
155	155	* * * * *