1 | 1 | | 86R13873 MM-F |
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2 | 2 | | By: Zaffirini S.B. No. 1635 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to medical and dental clinical education in public and |
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8 | 8 | | nonprofit hospitals. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 61.003(5), Education Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (5) "Medical and dental unit" means The Texas A&M |
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13 | 13 | | University System Health Science Center and its component |
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14 | 14 | | institutions, agencies, and programs; the Texas Tech University |
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15 | 15 | | Health Sciences Center; the Texas Tech University Health Sciences |
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16 | 16 | | Center at El Paso; the University of Houston College of Medicine; |
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17 | 17 | | The University of Texas Medical Branch at Galveston; The University |
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18 | 18 | | of Texas Southwestern Medical Center; The University of Texas |
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19 | 19 | | Medical School at San Antonio; The University of Texas Dental |
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20 | 20 | | Branch at Houston; The University of Texas M. D. Anderson Cancer |
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21 | 21 | | Center; The University of Texas Graduate School of Biomedical |
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22 | 22 | | Sciences at Houston; The University of Texas Dental School at San |
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23 | 23 | | Antonio; The University of Texas Medical School at Houston; the |
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24 | 24 | | Dell Medical School at The University of Texas at Austin; the School |
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25 | 25 | | of Medicine at The University of Texas Rio Grande Valley; The |
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26 | 26 | | University of Texas Health Science Center at Tyler [The University |
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27 | 27 | | of Texas Health Science Center--South Texas and its component |
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28 | 28 | | institutions, if established under Subchapter N, Chapter 74]; the |
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29 | 29 | | nursing institutions of The Texas A&M University System and The |
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30 | 30 | | University of Texas System; and The University of Texas School of |
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31 | 31 | | Public Health at Houston; and such other medical or dental schools |
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32 | 32 | | as may be established by statute or as provided in this chapter. |
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33 | 33 | | SECTION 2. Section 312.002, Health and Safety Code, is |
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34 | 34 | | amended by adding Subdivision (4-a) to read as follows: |
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35 | 35 | | (4-a) "Nonprofit hospital" means a hospital, clinic, |
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36 | 36 | | or other facility for the provision of health care or dental care |
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37 | 37 | | that is: |
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38 | 38 | | (A) owned or operated by: |
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39 | 39 | | (i) a nonprofit hospital, as defined by |
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40 | 40 | | Section 311.042; or |
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41 | 41 | | (ii) a nonprofit supporting entity, as |
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42 | 42 | | defined by Section 311.042; or |
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43 | 43 | | (B) operated by a health organization that is |
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44 | 44 | | certified under Section 162.001(b) or (c), Occupations Code. |
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45 | 45 | | SECTION 3. Sections 312.004(a), (c), and (e), Health and |
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46 | 46 | | Safety Code, are amended to read as follows: |
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47 | 47 | | (a) Medical and dental units, supported medical or dental |
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48 | 48 | | schools, coordinating entities, and public or nonprofit hospitals |
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49 | 49 | | may make and perform contracts among each other for the coordinated |
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50 | 50 | | or cooperative clinical education of the students, interns, |
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51 | 51 | | residents, and fellows enrolled at the units or schools. |
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52 | 52 | | (c) A medical and dental unit, a supported medical or dental |
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53 | 53 | | school, and a coordinating entity may contract with the owner or |
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54 | 54 | | operator of a public or nonprofit hospital for the clinical |
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55 | 55 | | education of students, interns, residents, and fellows enrolled at |
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56 | 56 | | the unit or school. |
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57 | 57 | | (e) The contract may provide for the coordinated, |
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58 | 58 | | cooperative, or exclusive assignment of the interns, residents, |
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59 | 59 | | fellows, faculty, and associated health care professionals of the |
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60 | 60 | | participating medical and dental units and supported medical or |
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61 | 61 | | dental schools to provide or perform health or dental services or |
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62 | 62 | | research at a public or nonprofit hospital. |
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63 | 63 | | SECTION 4. Section 312.006(a), Health and Safety Code, is |
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64 | 64 | | amended to read as follows: |
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65 | 65 | | (a) A medical and dental unit, supported medical or dental |
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66 | 66 | | school, or coordinating entity engaged in coordinated or |
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67 | 67 | | cooperative medical or dental clinical education under Section |
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68 | 68 | | 312.004, including patient care and the provision or performance of |
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69 | 69 | | health or dental services or research at a public or nonprofit |
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70 | 70 | | hospital, is not liable for its acts and omissions in connection |
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71 | 71 | | with those activities except to the extent and up to the maximum |
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72 | 72 | | amount of liability of state government under Section 101.023(a), |
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73 | 73 | | Civil Practice and Remedies Code, for the acts and omissions of a |
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74 | 74 | | governmental unit of state government under Chapter 101, Civil |
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75 | 75 | | Practice and Remedies Code. |
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76 | 76 | | SECTION 5. Section 312.007, Health and Safety Code, is |
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77 | 77 | | amended by adding Subsection (d) to read as follows: |
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78 | 78 | | (d) Regardless of whether the medical and dental unit |
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79 | 79 | | complies with the provisions of Section 312.003, 312.004, or |
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80 | 80 | | 312.005, the limitations on liability provided by this section |
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81 | 81 | | apply to interns, residents, fellows, faculty members, and other |
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82 | 82 | | associated health care professionals or employees of a medical and |
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83 | 83 | | dental unit participating in the coordinated or cooperative |
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84 | 84 | | education under Section 312.004 of students, interns, residents, or |
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85 | 85 | | fellows attending the medical and dental unit or participating in a |
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86 | 86 | | training program sponsored by the medical and dental unit. |
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87 | 87 | | SECTION 6. This Act takes effect immediately if it receives |
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88 | 88 | | a vote of two-thirds of all the members elected to each house, as |
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89 | 89 | | provided by Section 39, Article III, Texas Constitution. If this |
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90 | 90 | | Act does not receive the vote necessary for immediate effect, this |
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91 | 91 | | Act takes effect September 1, 2019. |
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