86R11552 KJE-F
By: Creighton S.B. No. 2346
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Sam Houston State University
College of Osteopathic Medicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 96, Education Code, is
amended by adding Section 96.66 to read as follows:
Sec. 96.66. SAM HOUSTON STATE UNIVERSITY COLLEGE OF
OSTEOPATHIC MEDICINE. (a) In this section:
(1) "Board" means the board of regents of the Texas
State University System.
(2) "College" means the Sam Houston State University
College of Osteopathic Medicine established under this section.
(3) "University" means Sam Houston State University.
(b) The Sam Houston State University College of Osteopathic
Medicine is a college of the university and is under the management
and control of the board with degrees offered under the name and
authority of the university.
(c) The board may prescribe courses leading to customary
degrees and may adopt rules for the operation, control, and
management of the college as necessary for conducting a college of
osteopathic medicine of the first class.
(d) The provost of the university, on behalf of the board,
may execute and carry out an affiliation or coordinating agreement
with any other entity or institution.
(e) The board may solicit, accept, and administer gifts and
grants from any public or private source for the use and benefit of
the college.
(f) In addition to the college's facilities, the board may
enter into agreements under which additional facilities used in the
college's teaching and research programs, including libraries,
auditoriums, research facilities, and medical education buildings,
may be provided by a public or private entity.
(g) A teaching hospital considered suitable by the board may
be provided by a public or private entity. The hospital may not be
constructed, maintained, or operated with state funds.
(h) Notwithstanding any other law, the university is not
entitled to receive any formula funding for the college.
SECTION 2. Section 51.821(4), Education Code, is amended to
read as follows:
(4) "Participating medical school" means each of the
following entities:
(A) the medical school at The University of Texas
Health Science Center at Houston;
(B) the medical school at The University of Texas
Southwestern Medical Center;
(C) the medical school at The University of Texas
Health Science Center at San Antonio;
(D) the medical school at The University of Texas
Medical Branch at Galveston;
(E) the medical school at the Texas Tech
University Health Sciences Center at Lubbock;
(F) the medical school at the Texas Tech
University Health Sciences Center at El Paso;
(G) the Baylor College of Medicine;
(H) the college of osteopathic medicine at the
University of North Texas Health Science Center at Fort Worth;
[and]
(I) the medical school at The Texas A&M
University System Health Science Center; and
(J) the college of osteopathic medicine at Sam
Houston State University.
SECTION 3. Section 58.002(a)(1), Education Code, is amended
to read as follows:
(1) "Resident physician" means a person who is
appointed a resident physician by a school of medicine in The
University of Texas System, the Texas Tech University System, The
Texas A&M University System, or the University of North Texas
System or by the Sam Houston State University College of
Osteopathic Medicine or the Baylor College of Medicine and who:
(A) has received a Doctor of Medicine or a Doctor
of Osteopathic Medicine degree from the Baylor College of Medicine
or from an approved school of medicine; or
(B) is a citizen of Texas and has received a
Doctor of Medicine or a Doctor of Osteopathic Medicine degree from
some other school of medicine that is accredited by the Liaison
Committee on Medical Education or by the Bureau of Professional
Education of the American Osteopathic Association.
SECTION 4. Sections 59.01(1) and (3), Education Code, are
amended to read as follows:
(1) "Medical staff or students" means medical doctors,
doctors of osteopathy, dentists, veterinarians, and podiatrists
appointed to the faculty or professional medical staff employed for
student health services by The University of Texas System, The
Texas A&M University System, the Texas Tech University System, the
Sam Houston State University College of Osteopathic Medicine, or
the University of North Texas Health Science Center at Fort Worth,
either full time or who, although appointed less than full time
(including volunteers), either devote their total professional
service to such appointment or provide services to patients by
assignment from the department chairman; and interns, residents,
fellows, and medical or dental students, veterinary students, and
students of osteopathy participating in a patient-care program in
The University of Texas System, The Texas A&M University System,
the Texas Tech University System, the Sam Houston State University
College of Osteopathic Medicine, or the University of North Texas
Health Science Center at Fort Worth.
(3) "Board" means the board of regents of The
University of Texas System, the board of regents of The Texas A&M
University System, the board of regents of the Texas Tech
University System, the board of regents of the Texas State
University System, or the board of regents of the University of
North Texas.
SECTION 5. Sections 59.02(a) and (c), Education Code, are
amended to read as follows:
(a) Each board may establish a separate self-insurance fund
to pay any damages adjudged in a court of competent jurisdiction or
a settlement of any medical malpractice claim against a member of
the medical staff or students arising from the exercise of the
member's [his] appointment, duties, or training with The University
of Texas System, The Texas A&M University System, the Texas Tech
University System, the Sam Houston State University College of
Osteopathic Medicine, or the University of North Texas Health
Science Center at Fort Worth.
(c) On the establishment of each fund, transfers to the fund
shall be made in an amount and at such intervals as determined by
the board. Each board may receive and accept any gifts or donations
specified for the purposes of this subchapter and deposit those
gifts or donations into the fund. Each board may invest money
deposited in the fund, and any income received shall be retained in
the fund. The money shall be deposited in any of the approved
depository banks of The University of Texas System, The Texas A&M
University System, the Texas Tech University System, the Texas
State University System, or the University of North Texas Health
Science Center at Fort Worth. All expenditures from the funds shall
be paid pursuant to approval by the boards.
SECTION 6. Section 61.003(5), Education Code, is amended to
read as follows:
(5) "Medical and dental unit" means The Texas A&M
University System Health Science Center and its component
institutions, agencies, and programs; the Texas Tech University
Health Sciences Center; the Texas Tech University Health Sciences
Center at El Paso; the Sam Houston State University College of
Osteopathic Medicine; The University of Texas Medical Branch at
Galveston; The University of Texas Southwestern Medical Center; The
University of Texas Medical School at San Antonio; The University
of Texas Dental Branch at Houston; The University of Texas M. D.
Anderson Cancer Center; The University of Texas Graduate School of
Biomedical Sciences at Houston; The University of Texas Dental
School at San Antonio; The University of Texas Medical School at
Houston; The University of Texas Health Science Center--South Texas
and its component institutions, if established under Subchapter N,
Chapter 74; the nursing institutions of The Texas A&M University
System and The University of Texas System; and The University of
Texas School of Public Health at Houston; and such other medical or
dental schools as may be established by statute or as provided in
this chapter.
SECTION 7. Section 61.501(1), Education Code, is amended to
read as follows:
(1) "Medical school" means the medical school at The
University of Texas Health Science Center at Houston, the medical
school at The University of Texas Southwestern Medical Center, the
medical school at The University of Texas Health Science Center at
San Antonio, The University of Texas Medical Branch at Galveston,
the medical school at The University of Texas at Austin, the medical
school at The University of Texas Rio Grande Valley, the medical
education program of The University of Texas Health Science Center
at Tyler, the medical school at the Texas Tech University Health
Sciences Center, the medical school at the Texas Tech University
Health Sciences Center at El Paso, the Sam Houston State University
College of Osteopathic Medicine, the Baylor College of Medicine,
the college of osteopathic medicine at the University of North
Texas Health Science Center at Fort Worth, or the medical school at
the Texas A&M University Health Science Center.
SECTION 8. Section 63.002(c), Education Code, is amended to
read as follows:
(c) The amount available for distribution from the fund may
be appropriated only for programs that benefit medical research,
health education, or treatment programs at the following
health-related institutions of higher education:
(1) The University of Texas Health Science Center at
San Antonio;
(2) The University of Texas M. D. Anderson Cancer
Center;
(3) The University of Texas Southwestern Medical
Center;
(4) The University of Texas Medical Branch at
Galveston;
(5) The University of Texas Health Science Center at
Houston;
(6) The University of Texas Health Science Center at
Tyler;
(7) The University of Texas Health Science
Center--South Texas and its component institutions, if established
under Subchapter N, Chapter 74;
(8) The Texas A&M University Health Science Center;
(9) the University of North Texas Health Science
Center at Fort Worth;
(10) the Texas Tech University Health Sciences Center;
(11) the Texas Tech University Health Sciences Center
at El Paso; [and]
(12) the Sam Houston State University College of
Osteopathic Medicine; and
(13) Baylor College of Medicine, if a contract between
Baylor College of Medicine and the Texas Higher Education
Coordinating Board is in effect under Section 61.092.
SECTION 9. (a) As soon as practicable after the effective
date of this Act, the Sam Houston State University College of
Osteopathic Medicine shall:
(1) enter into the agreement with the Joint Admission
Medical Program Council required by Section 51.829, Education Code;
and
(2) select an appropriate faculty member to represent
the college on the council.
(b) The Sam Houston State University College of Osteopathic
Medicine shall provide internships and mentoring under the Joint
Admission Medical Program not later than the 2022-2023 academic
year to admit participating students to the college under the
program.
SECTION 10. The Sam Houston State University College of
Osteopathic Medicine is eligible to receive funding under
Subchapter A, Chapter 63, Education Code, beginning with
allocations for the state fiscal year that begins September 1,
2019.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2019.