Texas Senate Bill SB120

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to health care services provided at a hospital by a physician who is not a member of the hospital's medical staff and the hospital's liability for health care services provided by such a physician.

Impact

The implementation of SB120 would significantly alter the framework of hospital liability in Texas. Under this bill, hospitals would be exempt from liability for damages resulting from care provided by non-staff physicians, as long as certain conditions are met. This exemption applies specifically to actions that occur after the bill's effective date, thereby influencing how future legal claims against hospitals could be addressed. The parameters set by this legislation could prompt hospitals to reconsider their staffing and liability policies to accommodate such provisions.

Summary

Senate Bill 120 (SB120) aims to address certain healthcare service provisions in hospitals when a physician who is not a member of that hospital's medical staff is involved in patient care. The bill mandates that hospitals grant temporary privileges to non-staff physicians, provided there exists an established patient-practitioner relationship and the patient explicitly requests care from that physician. This change seeks to improve access to care, particularly in scenarios where a patient has an existing relationship with a physician who is not affiliated with the hospital's staff.

Contention

While the bill may offer greater flexibility in patient care, it has sparked discussions regarding patient safety and accountability. Critics express concerns that reducing hospital liability could potentially lead to suboptimal care outcomes, as the involvement of non-affiliated physicians might compromise patient safety mechanisms traditionally coordinated by hospital staff. The balance between expanding patient access to preferred physicians and ensuring quality care remains a pivotal point of contention among lawmakers and stakeholders.

Notable_points

SB120's passage could lead to a reevaluation of existing protocols regarding physician privileges and relationships between healthcare providers and patients. The bill’s provisions indicate a shift towards recognizing patient autonomy and established relationships over institutional protocols. As such, the discussions surrounding SB120 highlight broader themes in healthcare regulation concerning personal choice versus institutional safety measures.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 241. Hospitals
  • Section: New Section