4 | 10 | | AN ACT |
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5 | 11 | | relating to the authority of the Parker County Hospital District to |
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6 | 12 | | employ physicians. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Subchapter B, Chapter 1085, Special District |
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9 | 15 | | Local Laws Code, is amended by adding Section 1085.0585 to read as |
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10 | 16 | | follows: |
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11 | 17 | | Sec. 1085.0585. EMPLOYMENT OF PHYSICIANS. (a) The board |
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12 | 18 | | may employ physicians as the board considers necessary for the |
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13 | 19 | | efficient operation of the district. |
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14 | 20 | | (b) The board shall adopt and maintain policies to ensure |
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15 | 21 | | that a physician employed under this section exercises independent |
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16 | 22 | | medical judgment when providing care to patients at a district |
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17 | 23 | | facility. The policies adopted under this subsection must include |
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18 | 24 | | policies relating to: |
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19 | 25 | | (1) credentialing; |
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20 | 26 | | (2) quality assurance; |
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21 | 27 | | (3) utilization review; |
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22 | 28 | | (4) peer review; |
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23 | 29 | | (5) medical decision-making; and |
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24 | 30 | | (6) due process. |
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25 | 31 | | (c) A physician employed by the district under this section |
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26 | 32 | | is subject to the same standards and procedures regarding |
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27 | 33 | | credentialing, peer review, quality of care, and privileges as a |
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28 | 34 | | physician not employed by the district. |
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29 | 35 | | (d) The district shall give equal consideration regarding |
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30 | 36 | | the issuance of credentials and privileges to physicians employed |
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31 | 37 | | by the district and physicians not employed by the district. |
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32 | 38 | | (e) A physician employed by the district shall retain |
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33 | 39 | | independent medical judgment in providing care to patients at a |
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34 | 40 | | facility operated by the district and may not be penalized for |
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35 | 41 | | reasonably advocating for patient care. |
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36 | 42 | | (f) The board shall appoint a chief medical officer for the |
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37 | 43 | | district who must be a physician. For all matters relating to the |
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38 | 44 | | practice of medicine, each physician employed by the district shall |
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39 | 45 | | ultimately report to the chief medical officer of the district. The |
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40 | 46 | | chief medical officer shall notify the Texas Medical Board that the |
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41 | 47 | | district is employing physicians under this section and that the |
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42 | 48 | | chief medical officer is the district's designated contact with the |
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43 | 49 | | Texas Medical Board. The chief medical officer shall immediately |
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44 | 50 | | report to the Texas Medical Board any action or event that the chief |
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45 | 51 | | medical officer reasonably and in good faith believes constitutes a |
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46 | 52 | | compromise of the independent medical judgment of a physician in |
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47 | 53 | | caring for a patient. |
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48 | 54 | | (g) This section may not be construed as altering, voiding, |
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49 | 55 | | or prohibiting any relationship between a district and a physician, |
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50 | 56 | | including a contract or arrangement with an approved nonprofit |
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51 | 57 | | health corporation that is certified under Section 162.001(b), |
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52 | 58 | | Occupations Code, and that holds a certificate of authority issued |
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53 | 59 | | under Chapter 844, Insurance Code. |
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54 | 60 | | (h) A contract to employ a physician under this section may |
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55 | 61 | | not include a covenant not to compete on termination of the |
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56 | 62 | | contract. |
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57 | 63 | | (i) This section may not be construed to authorize the board |
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58 | 64 | | to supervise or control the practice of medicine, as prohibited by |
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59 | 65 | | Subtitle B, Title 3, Occupations Code. |
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60 | 66 | | SECTION 2. This Act takes effect September 1, 2019. |
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61 | | - | ______________________________ ______________________________ |
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62 | | - | President of the Senate Speaker of the House |
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63 | | - | I certify that H.B. No. 4663 was passed by the House on May 3, |
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64 | | - | 2019, by the following vote: Yeas 139, Nays 1, 2 present, not |
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65 | | - | voting. |
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66 | | - | ______________________________ |
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67 | | - | Chief Clerk of the House |
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68 | | - | I certify that H.B. No. 4663 was passed by the Senate on May |
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69 | | - | 20, 2019, by the following vote: Yeas 31, Nays 0. |
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70 | | - | ______________________________ |
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71 | | - | Secretary of the Senate |
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72 | | - | APPROVED: _____________________ |
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73 | | - | Date |
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74 | | - | _____________________ |
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75 | | - | Governor |
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| 67 | + | * * * * * |
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