S.B. No. 1705
 
 
 
 
AN ACT
  relating to the authority and policies and procedures of the Dallas
  County Hospital District with regard to appointing, contracting
  for, or employing physicians, dentists, and other health care
  providers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 281, Health and Safety
  Code, is amended by adding Section 281.0282 to read as follows:
         Sec. 281.0282.  DALLAS COUNTY HOSPITAL DISTRICT; EMPLOYMENT
  OF HEALTH CARE PROVIDERS AND PHYSICIANS. (a)  The board of the
  Dallas County Hospital District may appoint, contract for, or
  employ physicians, dentists, and other health care providers as the
  board considers necessary for the efficient operation of the
  district.
         (b)  The term of an employment contract entered into under
  this section may not exceed four years.
         (c)  This section may not be construed as authorizing the
  board of the Dallas County Hospital District to supervise or
  control the practice of medicine, as prohibited by Subtitle B,
  Title 3, Occupations Code.
         (d)  The authority granted to the board of the Dallas County
  Hospital District under Subsection (a) to employ physicians shall
  apply only as necessary for the district to fulfill the district's
  statutory mandate to provide medical and dental care for the
  indigent and needy residents of the district as provided by Section
  281.046.
         (e)  The Dallas County Hospital District shall establish a
  committee consisting of at least five actively practicing
  physicians who provide care in the district. The committee shall
  approve existing policies or adopt new policies, if no policies
  exist, to ensure that a physician who is employed by the district is
  exercising the physician's independent medical judgment in
  providing care to patients.
         (f)  The chair of the committee must be a member of the
  executive committee of the Dallas County Hospital District's
  medical staff.
         (g)  The policies adopted or approved by the committee shall
  include policies relating to credentialing, quality assurance,
  utilization review, peer review, medical decision-making,
  governance of the committee, and due process.
         (h)  Each member of a committee shall provide biennially to
  the chief medical officer of the Dallas County Hospital District a
  signed, verified statement indicating that the committee member:
               (1)  is licensed by the Texas Medical Board;
               (2)  will exercise independent medical judgment in all
  committee matters, including matters relating to credentialing,
  quality assurance, utilization review, peer review, medical
  decision-making, and due process;
               (3)  will exercise the committee member's best efforts
  to ensure compliance with the Dallas County Hospital District's
  policies that are adopted or established by the committee; and
               (4)  will report immediately to the Texas Medical Board
  any action or event that the committee member reasonably and in good
  faith believes constitutes a compromise of the independent medical
  judgment of a physician in caring for a patient.
         (i)  The committee shall adopt rules requiring the
  disclosure of financial conflicts of interest by a committee
  member.
         (j)  For all matters relating to the practice of medicine,
  each physician employed by the board shall ultimately report to the
  chief medical officer of the Dallas County Hospital District.
         SECTION 2.  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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1705 passed the Senate on
  April 30, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1705 passed the House on
  May 27, 2009, by the following vote:  Yeas 147, Nays 1, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor