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AN ACT
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relating to the authority of the board of directors of the Ochiltree |
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County Hospital District to employ physicians and other health care |
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providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1071.062, Special District Local Laws |
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Code, is amended by amending Subsection (b) and adding Subsection |
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(d) to read as follows: |
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(b) The board may employ technicians, nurses, health care |
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providers other than physicians, fiscal agents, accountants, and |
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other necessary employees. |
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(d) The board may employ physicians, but only as provided by |
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Section 1071.0625. |
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SECTION 2. Subchapter B, Chapter 1071, Special District |
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Local Laws Code, is amended by adding Section 1071.0625 to read as |
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follows: |
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Sec. 1071.0625. EMPLOYMENT OF PHYSICIANS. (a) The board |
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may employ a physician and retain all or part of the professional |
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income generated by the physician for medical services provided at |
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a hospital owned or operated by the district if the board satisfies |
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the requirements of this section. |
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(b) The board shall: |
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(1) appoint a chief medical officer for the district; |
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and |
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(2) adopt, maintain, and enforce policies to ensure |
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that a physician employed by the district exercises the physician's |
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independent medical judgment in providing care to patients. |
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(c) The policies adopted under this section must include: |
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(1) policies relating to: |
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(A) credentialing; |
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(B) quality assurance; |
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(C) utilization review; |
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(D) peer review; and |
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(E) medical decision-making; and |
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(2) the implementation of a complaint mechanism to |
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process and resolve complaints regarding interference or attempted |
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interference with a physician's independent medical judgment. |
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(d) The policies adopted under this section: |
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(1) must be approved by the chief medical officer of |
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the district; and |
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(2) shall prevail over a conflicting policy of the |
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district. |
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(e) For all matters relating to the practice of medicine, |
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each physician employed by the board shall ultimately report to the |
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chief medical officer of the district. |
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(f) The chief medical officer will report immediately to the |
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Texas Medical Board any action or event that the chief medical |
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officer reasonably and in good faith believes constitutes a |
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compromise of the independent medical judgment of a physician in |
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caring for a patient. |
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(g) The board may not delegate to the district administrator |
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the authority to hire a physician. |
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(h) This section may not be construed as authorizing the |
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board to supervise or control the practice of medicine as |
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prohibited under Subtitle B, Title 3, Occupations Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 311 passed the Senate on |
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March 31, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 311 passed the House on |
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May 20, 2011, by the following vote: Yeas 148, Nays 1, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |