Texas 2019 - 86th Regular

Texas Senate Bill SB919 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R8178 SCL-F
2	2	By: West S.B. No. 919
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to health care professional liability coverage for certain
8	8	public institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 59, Education Code, is
11	11	amended to read as follows:
12	12	CHAPTER 59. HEALTH CARE PROFESSIONAL [MEDICAL] MALPRACTICE
13	13	COVERAGE FOR CERTAIN INSTITUTIONS
14	14	SECTION 2. The heading to Subchapter A, Chapter 59,
15	15	Education Code, is amended to read as follows:
16	16	SUBCHAPTER A. HEALTH CARE [MEDICAL] PROFESSIONAL LIABILITY
17	17	SECTION 3. Sections 59.01(1), (2), (3), and (4), Education
18	18	Code, are amended to read as follows:
19	19	(1) "Health care professional [Medical] staff members
20	20	or students" means:
21	21	(A) physicians [medical doctors, doctors of
22	22	osteopathy], dentists, veterinarians, [and] podiatrists, physician
23	23	assistants, nurses, pharmacists, and other health care providers
24	24	who:
25	25	(i) are appointed to the faculty or
26	26	[professional medical staff] employed [for student health
27	27	services] by or volunteer for The University of Texas System, The
28	28	Texas A&M University System, the Texas Tech University System, or
29	29	the University of North Texas System; and
30	30	(ii) either:
31	31	(a) are appointed or employed on a
32	32	full-time basis; [Health Science Center at Fort Worth, either full
33	33	time] or
34	34	(b) are appointed or volunteer on a
35	35	part-time basis and who[, although appointed less than full time
36	36	(including volunteers), either] devote their total professional
37	37	service to providing health services [such appointment] or provide
38	38	services to patients by assignment from the department chairman;
39	39	and
40	40	(B) interns, residents, fellows, [and] medical
41	41	students, [or] dental students, veterinary students, [and]
42	42	students of osteopathic medicine, nursing students, pharmacy
43	43	students, and students of any other health care profession that
44	44	requires a license, certificate, or other authorization under Title
45	45	3, Occupations Code, [osteopathy] participating in a patient-care
46	46	program in The University of Texas System, The Texas A&M University
47	47	System, the Texas Tech University System, or the University of
48	48	North Texas System [Health Science Center at Fort Worth].
49	49	(2) "Health care liability [Medical malpractice]
50	50	claim" means a cause of action against a physician or health care
51	51	professional for treatment, lack of treatment, or other claimed
52	52	departure from accepted standards of medical care, health care, or
53	53	veterinary care, or safety or professional or administrative
54	54	services directly related to health care, which proximately results
55	55	in injury to or death of a [the] patient, whether the [patient's]
56	56	claim or cause of action [or the executor's claim or cause of action
57	57	under Section 71.021, Civil Practice and Remedies Code,] sounds in
58	58	tort or contract.
59	59	(3) "Board" means the board of regents of The
60	60	University of Texas System, the board of regents of The Texas A&M
61	61	University System, the board of regents of the Texas Tech
62	62	University System, or the board of regents of the University of
63	63	North Texas System.
64	64	(4) "Fund" means the health care [medical]
65	65	professional liability fund.
66	66	SECTION 4. Sections 59.02, 59.04, 59.05, and 59.06,
67	67	Education Code, are amended to read as follows:
68	68	Sec. 59.02. HEALTH CARE [MEDICAL] PROFESSIONAL LIABILITY
69	69	FUND. (a) Each board may establish a separate self-insurance fund
70	70	to pay any damages adjudged in a court of competent jurisdiction or
71	71	a settlement of any health care liability [medical malpractice]
72	72	claim against a health care professional [member of the medical]
73	73	staff member or student [students] arising from the exercise of the
74	74	member's or student's [his] appointment, duties, or training with
75	75	The University of Texas System, The Texas A&M University System,
76	76	the Texas Tech University System, or the University of North Texas
77	77	System [Health Science Center at Fort Worth].
78	78	(b) The boards may pay from the funds all expenses incurred
79	79	in the investigation, settlement, defense, or payment of claims
80	80	described above on behalf of the health care professional [medical]
81	81	staff members or students.
82	82	(c) On the establishment of each fund, transfers to the fund
83	83	shall be made in an amount and at such intervals as determined by
84	84	the board. Each board may receive and accept any gifts or donations
85	85	specified for the purposes of this subchapter and deposit those
86	86	gifts or donations into the fund. Each board may invest money
87	87	deposited in the fund, and any income received shall be retained in
88	88	the fund. The money shall be deposited in any of the approved
89	89	depository banks of The University of Texas System, The Texas A&M
90	90	University System, the Texas Tech University System, or the
91	91	University of North Texas System [Health Science Center at Fort
92	92	Worth]. All expenditures from the funds shall be paid pursuant to
93	93	approval by the boards.
94	94	Sec. 59.04. PURCHASE OF INSURANCE. Each board may purchase
95	95	health care liability [medical malpractice] insurance from an
96	96	insurance company authorized to engage in the [do] business of
97	97	insurance in this state as it considers necessary to carry out the
98	98	purpose of this subchapter.
99	99	Sec. 59.05. LEGAL COUNSEL. Each board may employ private
100	100	legal counsel to represent the health care professional [medical]
101	101	staff members or [and] students covered by this subchapter under
102	102	the rules of the board.
103	103	Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds
104	104	appropriated by the legislature to The University of Texas System,
105	105	The Texas A&M University System, [either system, to] the Texas Tech
106	106	University System [Health Sciences Center, to the Texas Tech
107	107	University Health Sciences Center at El Paso], or [to] the
108	108	University of North Texas System [Health Science Center at Fort
109	109	Worth] from the General Revenue Fund may not be used to establish or
110	110	maintain the fund, to purchase insurance, or to employ private
111	111	legal counsel.
112	112	SECTION 5. Sections 59.08(a) and (e), Education Code, are
113	113	amended to read as follows:
114	114	(a) The state shall indemnify a health care professional
115	115	[member of the medical] staff member or [a] student for damages paid
116	116	as required by a judgment on or settlement of a health care
117	117	liability [medical malpractice] claim arising out of the provision
118	118	of charitable care or services.
119	119	(e) The attorney general is entitled to approve any
120	120	settlement of the portion of a health care liability [medical
121	121	malpractice] claim that may result in the state being liable for
122	122	indemnification of the defendant under this section. If the
123	123	attorney general does not approve a settlement, the state is not
124	124	liable for indemnification of the defendant under this section. The
125	125	attorney general shall base the determination on the best interests
126	126	of the defendant.
127	127	SECTION 6. Section 59.08, Education Code, as amended by
128	128	this Act, applies only to a cause of action that accrues on or after
129	129	the effective date of this Act. A cause of action that accrued
130	130	before the effective date of this Act is governed by the law as it
131	131	existed immediately before the effective date of this Act, and that
132	132	law is continued in effect for that purpose.
133	133	SECTION 7. This Act takes effect September 1, 2019.