86R16640 SRA-F
By: King of Parker H.B. No. 4663
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Parker County Hospital District to
employ physicians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 1085, Special District
Local Laws Code, is amended by adding Section 1085.0585 to read as
follows:
Sec. 1085.0585. EMPLOYMENT OF PHYSICIANS. (a) The board
may employ physicians as the board considers necessary for the
efficient operation of the district.
(b) The board shall adopt and maintain policies to ensure
that a physician employed under this section exercises independent
medical judgment when providing care to patients at a district
facility. The policies adopted under this subsection must include
policies relating to:
(1) credentialing;
(2) quality assurance;
(3) utilization review;
(4) peer review;
(5) medical decision-making; and
(6) due process.
(c) A physician employed by the district under this section
is subject to the same standards and procedures regarding
credentialing, peer review, quality of care, and privileges as a
physician not employed by the district.
(d) The district shall give equal consideration regarding
the issuance of credentials and privileges to physicians employed
by the district and physicians not employed by the district.
(e) A physician employed by the district shall retain
independent medical judgment in providing care to patients at a
facility operated by the district and may not be penalized for
reasonably advocating for patient care.
(f) The board shall appoint a chief medical officer for the
district who must be a physician. For all matters relating to the
practice of medicine, each physician employed by the district shall
ultimately report to the chief medical officer of the district. The
chief medical officer shall notify the Texas Medical Board that the
district is employing physicians under this section and that the
chief medical officer is the district's designated contact with the
Texas Medical Board. The chief medical officer shall immediately
report to the Texas Medical Board any action or event that the chief
medical officer reasonably and in good faith believes constitutes a
compromise of the independent medical judgment of a physician in
caring for a patient.
(g) This section may not be construed as altering, voiding,
or prohibiting any relationship between a district and a physician,
including a contract or arrangement with an approved nonprofit
health corporation that is certified under Section 162.001(b),
Occupations Code, and that holds a certificate of authority issued
under Chapter 844, Insurance Code.
(h) A contract to employ a physician under this section may
not include a covenant not to compete on termination of the
contract.
(i) This section may not be construed to authorize the board
to supervise or control the practice of medicine, as prohibited by
Subtitle B, Title 3, Occupations Code.
SECTION 2. This Act takes effect September 1, 2019.