Texas 2013 - 83rd Regular

Texas Senate Bill SB1861 Compare Versions

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1	1	By: Taylor S.B. No. 1861
2	2	(Bonnen of Brazoria)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Angleton-Danbury Hospital District of Brazoria
8	8	County, Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (f), Section 1002.051, Special
11	11	District Local Laws Code, is amended to read as follows:
12	12	(f) Directors serve staggered four-year terms. The
13	13	district shall hold an election each odd-numbered year to elect the
14	14	appropriate number of directors [two-year terms unless four-year
15	15	terms are established under Section 285.081, Health and Safety
16	16	Code. If the directors serve two-year terms, the terms of directors
17	17	elected to odd-numbered positions expire in even-numbered years and
18	18	the terms of directors elected to even-numbered positions expire in
19	19	odd-numbered years].
20	20	SECTION 2. Section 1002.058, Special District Local Laws
21	21	Code, is amended to read as follows:
22	22	Sec. 1002.058. [STAFF PHYSICIAN] OFFICE FACILITIES.
23	23	(a) In this section, "licensed health care professional" means any
24	24	individual who is licensed or certified by or registered in this
25	25	state to provide health care.
26	26	(b) The board shall determine the type, number, and location
27	27	of buildings necessary to establish and maintain office facilities
28	28	for staff physicians, physicians employed under Section 1002.061,
29	29	and other licensed health care professionals to provide adequate
30	30	health [medical] care services for the district within the licensed
31	31	health care professionals' scope of license.
32	32	(c) [(b)] The board may:
33	33	(1) acquire property and equipment and construct
34	34	facilities for the district for use by staff physicians, physicians
35	35	employed under Section 1002.061, and other licensed health care
36	36	professionals; and
37	37	(2) mortgage or pledge the property, equipment, or
38	38	facilities as security for the payment of the purchase price or
39	39	construction cost.
40	40	(d) [(c)] The board may lease the office facilities and
41	41	equipment to staff physicians, physicians employed under Section
42	42	1002.061, and other licensed health care professionals or may sell
43	43	or otherwise dispose of the property, facilities, and equipment.
44	44	SECTION 3. Subchapter B, Chapter 1002, Special District
45	45	Local Laws Code, is amended by adding Section 1002.061 to read as
46	46	follows:
47	47	Sec. 1002.061. EMPLOYMENT OF PHYSICIANS. (a) The board
48	48	may employ a physician and retain all or part of the professional
49	49	income generated by the physician for medical services provided at
50	50	a hospital or other health care facility owned or operated by the
51	51	district if the board satisfies the requirements of this section.
52	52	(b) The board shall:
53	53	(1) appoint a chief medical officer for the district
54	54	who has been recommended by the medical staff of the district; and
55	55	(2) adopt, maintain, and enforce policies to ensure
56	56	that a physician employed by the district exercises the physician's
57	57	independent medical judgment in providing care to patients.
58	58	(c) The policies adopted under this section must include:
59	59	(1) policies relating to:
60	60	(A) credentialing and privileges;
61	61	(B) quality assurance;
62	62	(C) utilization review;
63	63	(D) peer review and due process; and
64	64	(E) medical decision-making; and
65	65	(2) the implementation of a complaint mechanism to
66	66	process and resolve complaints regarding interference or attempted
67	67	interference with a physician's independent medical judgment.
68	68	(d) The policies adopted under this section must be approved
69	69	by the medical staff of the hospital. In the event of a conflict
70	70	between a policy adopted by the board and approved by the medical
71	71	staff under this section and a policy of the hospital, a conflict
72	72	management process shall be jointly developed by the medical staff
73	73	of the hospital and the board and implemented to resolve that
74	74	conflict.
75	75	(e) For all matters relating to the practice of medicine,
76	76	each physician employed by the district shall ultimately report to
77	77	the chief medical officer of the district.
78	78	(f) The chief medical officer shall notify the Texas Medical
79	79	Board that the board is employing physicians under this section and
80	80	that the chief medical officer is the board's designated contact
81	81	with the Texas Medical Board. The chief medical officer shall
82	82	immediately report to the Texas Medical Board any action or event
83	83	that the chief medical officer reasonably and in good faith
84	84	believes constitutes a compromise of the independent medical
85	85	judgment of a physician in caring for a patient.
86	86	(g) The board shall give equal consideration regarding the
87	87	issuance of medical staff membership and privileges to physicians
88	88	employed by the district and physicians not employed by the
89	89	district.
90	90	(h) A physician employed by the district shall retain
91	91	independent medical judgment in providing care to patients and may
92	92	not be disciplined for reasonably advocating for patient care.
93	93	(i) If the district provides professional liability
94	94	coverage for physicians employed by the district, a physician
95	95	employed by the district may participate in the selection of the
96	96	professional liability coverage, has the right to an independent
97	97	defense at the physician's own cost, and retains the right to
98	98	consent to the settlement of any action or proceeding brought
99	99	against the physician.
100	100	(j) If a physician employed by the district enters into an
101	101	employment agreement that includes a covenant not to compete, the
102	102	agreement is subject to Section 15.50, Business & Commerce Code,
103	103	and any other applicable provision.
104	104	(k) The board may not delegate to the chief executive
105	105	officer of the district the authority to hire, terminate, or make
106	106	any other personnel decisions relating to a physician.
107	107	(l) This section applies to medical services provided by a
108	108	physician at a hospital or other health care facility owned or
109	109	operated by the district.
110	110	(m) This section may not be construed as authorizing the
111	111	board to supervise or control the practice of medicine as
112	112	prohibited under Subtitle B, Title 3, Occupations Code.
113	113	SECTION 4. Section 1002.251, Special District Local Laws
114	114	Code, is amended to read as follows:
115	115	Sec. 1002.251. DEPOSITORY. The [As soon as practicable
116	116	after the creation election results favorably to the creation of
117	117	the district, the] board shall by resolution designate a bank
118	118	within the county as the district's depository, and all funds of the
119	119	district shall be secured in the manner provided for the security of
120	120	county funds. Such depository shall serve for a period of five
121	121	[two] years and until a successor has been selected.
122	122	SECTION 5. Subsection (b), Section 1002.252, Special
123	123	District Local Laws Code, is amended to read as follows:
124	124	(b) To secure a loan or line of credit, the board may pledge:
125	125	(1) revenue of the district that is not pledged to pay
126	126	the district's bonded indebtedness;
127	127	(2) taxes to be imposed by the district in the next
128	128	12-month period that are not pledged to pay the principal of or
129	129	interest on district bonds; or
130	130	(3) district bonds that have been authorized but not
131	131	sold.
132	132	SECTION 6. (a) Notwithstanding Section 1002.051, Special
133	133	District Local Laws Code, as amended by this Act, an election of the
134	134	board of directors of the Angleton-Danbury Hospital District of
135	135	Brazoria County, Texas, shall be held in May 2014, and the directors
136	136	elected to places 1, 3, 5, 7, and 9 at the election shall serve
137	137	three-year terms.
138	138	(b) The election of the board of directors scheduled to be
139	139	held in May 2015 must be held, and the directors elected to places
140	140	2, 4, 6, and 8 at that election shall serve four-year terms.
141	141	(c) The directors elected at the elections to be held in May
142	142	2017 and May 2019 shall serve four-year terms.
143	143	SECTION 7. (a) Except as provided by Subsection (b) of
144	144	this section:
145	145	(1) this Act takes effect immediately if it receives a
146	146	vote of two-thirds of all the members elected to each house, as
147	147	provided by Section 39, Article III, Texas Constitution; and
148	148	(2) if this Act does not receive the vote necessary for
149	149	immediate effect, this Act takes effect September 1, 2013.
150	150	(b) Section 1002.051, Special District Local Laws Code, as
151	151	amended by this Act, takes effect January 1, 2014.