| 1 | 1 | | By: Coleman H.B. No. 3885 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to employment of psychiatrists by certain private |
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| 7 | 7 | | hospitals. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 311.081, Health and Safety Code, is |
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| 10 | 10 | | amended by adding subsection (a-1) to read as follows: |
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| 11 | 11 | | (a-1) This subchapter applies only to a hospital that |
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| 12 | 12 | | employs or seeks to employ a psychiatrist and that: |
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| 13 | 13 | | (1) is a private hospital licensed under Chapter 241 |
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| 14 | 14 | | or 577 located in an area designated by the United States secretary |
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| 15 | 15 | | of health and human services as having: |
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| 16 | 16 | | (A) a shortage of personal health services or a |
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| 17 | 17 | | population group that has such a shortage as provided by 42 U.S.C. |
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| 18 | 18 | | Section 300e-1; or |
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| 19 | 19 | | (B) a health professional shortage as provided by |
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| 20 | 20 | | 42 U.S.C. Section 254e(a). |
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| 21 | 21 | | SECTION 2. Subchapter F, Chapter 311, Health and Safety |
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| 22 | 22 | | Code, is amended by adding Section 311.0825 to read as follows: |
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| 23 | 23 | | Sec. 311.0825. DUTIES AND POLICIES OF CERTAIN HOSPITALS. |
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| 24 | 24 | | (a) A private hospital licensed under Chapter 241 or 577 may employ |
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| 25 | 25 | | a physician under this subchapter only if the physician: |
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| 26 | 26 | | (1) is a psychiatrist; and |
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| 27 | 27 | | (2) remains employed by the private hospital for not |
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| 28 | 28 | | more than 10 years from the date of initial employment. |
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| 29 | 29 | | (b) In addition to the requirements prescribed by Section |
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| 30 | 30 | | 311.083, the chief medical officer of a private hospital licensed |
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| 31 | 31 | | under Chapter 241 or 577 that employs a physician described by |
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| 32 | 32 | | Subsection (a) shall certify in writing to the Texas Medical Board |
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| 33 | 33 | | that: |
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| 34 | 34 | | (1) the hospital, using commercially reasonable |
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| 35 | 35 | | efforts, had not been able to recruit a physician to provide |
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| 36 | 36 | | psychiatric services at the hospital for at least 12 continuous |
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| 37 | 37 | | months; |
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| 38 | 38 | | (2) the hiring of the physician did not supplant a |
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| 39 | 39 | | physician with privileges or a contract with the hospital; and |
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| 40 | 40 | | (3) the hospital did not actively recruit a physician |
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| 41 | 41 | | who at any time during the period of recruitment was employed to |
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| 42 | 42 | | provide psychiatric services by a federally qualified health center |
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| 43 | 43 | | or rural health clinic, as those terms are defined by 42 U.S.C. |
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| 44 | 44 | | Section 1396d, or another community health clinic not affiliated |
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| 45 | 45 | | with the hospital. |
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| 46 | 46 | | (c) The chief medical officer shall include with the written |
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| 47 | 47 | | certification described by Subsection (b) a description of the |
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| 48 | 48 | | commercially reasonable efforts the private hospital licensed |
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| 49 | 49 | | under Chapter 241 or 577 used to recruit a physician and the reason |
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| 50 | 50 | | for the hospital's lack of success, if known. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2017. |
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