H.B. No. 1568
 
 
 
 
AN ACT
  relating to the authority of certain local governmental entities in
  certain populous counties to appoint, contract for, or employ
  physicians.
         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 281.0283 to read as follows:
         Sec. 281.0283.  HARRIS COUNTY HOSPITAL DISTRICT; EMPLOYMENT
  OF PHYSICIANS. (a) The board of the Harris County Hospital
  District may appoint, contract for, or employ physicians 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 Harris 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 Harris County
  Hospital District under Subsection (a) to employ physicians shall
  apply as necessary for the district to fulfill the district's
  statutory mandate to provide medical care for the indigent and
  needy residents of the district as provided by Section 281.046.
         (e)  The medical executive board of the Harris County
  Hospital District shall adopt, maintain, and enforce policies to
  ensure that a physician employed by the district exercises the
  physician's independent medical judgment in providing care to
  patients.
         (f)  The policies adopted by the medical executive board
  under this section must include:
               (1)  policies relating to:
                     (A)  governance of the medical executive board;
                     (B)  credentialing;
                     (C)  quality assurance;
                     (D)  utilization review;
                     (E)  peer review;
                     (F)  medical decision-making; and
                     (G)  due process; and
               (2)  rules requiring the disclosure of financial
  conflicts of interest by a member of the medical executive board.
         (g)  The medical executive board and the board of the Harris
  County Hospital District shall jointly develop and implement a
  conflict management process to resolve any conflict between a
  policy adopted by the medical executive board under this section
  and a policy of the Harris County Hospital District.
         (h)  A member of the medical executive board who is a
  physician shall provide biennially to the chair of the medical
  executive board a signed, verified statement indicating that the
  board member:
               (1)  is licensed by the Texas Medical Board;
               (2)  will exercise independent medical judgment in all
  medical executive board matters, including matters relating to:
                     (A)  credentialing;
                     (B)  quality assurance;
                     (C)  utilization review;
                     (D)  peer review;
                     (E)  medical decision-making; and
                     (F)  due process;
               (3)  will exercise the board member's best efforts to
  ensure compliance with the policies that are adopted or established
  by the medical executive board; and
               (4)  will report immediately to the Texas Medical Board
  any action or event that the board member reasonably and in good
  faith believes constitutes a compromise of the independent medical
  judgment of a physician in caring for a patient.
         (i)  For all matters relating to the practice of medicine,
  each physician employed by the Harris County Hospital District
  shall ultimately report to the chair of the medical executive board
  for the district.
         SECTION 2.  Subchapter C, Chapter 351, Local Government
  Code, is amended by adding Section 351.045 to read as follows:
         Sec. 351.045.  HEALTH CARE SERVICES IN CERTAIN COUNTIES;
  EMPLOYMENT OF PHYSICIANS. (a) The commissioners court of a county
  with a population of 3.3 million or more may appoint, contract for,
  or employ physicians to provide health care services to inmates in
  the custody of the sheriff.
         (b)  This section may not be construed as authorizing the
  commissioners court to supervise or control the practice of
  medicine, as prohibited by Subtitle B, Title 3, Occupations Code.
         SECTION 3.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1568 was passed by the House on April
  14, 2011, by the following vote:  Yeas 139, Nays 3, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1568 on May 25, 2011, by the following vote:  Yeas 143, Nays 1,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1568 was passed by the Senate, with
  amendments, on May 23, 2011, by the following vote:  Yeas 31, Nays
  0
  .
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor