S.B. No. 860
 
 
 
 
AN ACT
  relating to the authority of the El Paso County Hospital District to
  appoint, contract for, or employ 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 281.0285 to read as follows:
         Sec. 281.0285.  EL PASO COUNTY HOSPITAL DISTRICT; EMPLOYMENT
  OF PHYSICIANS, DENTISTS, AND OTHER HEALTH CARE PROVIDERS. (a)  The
  board of the El Paso 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 El Paso County Hospital District to supervise or
  control the practice of medicine as prohibited by Subtitle B, Title
  3, Occupations Code, or to supervise or control the practice of
  dentistry as prohibited by Subtitle D, Title 3, Occupations Code.
         (d)  The authority granted to the board of the El Paso 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 committee of the El Paso County
  Hospital District, in accordance with the bylaws adopted by the
  board of the El Paso 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 committee
  under this section must include:
               (1)  policies relating to:
                     (A)  governance of the medical executive
  committee;
                     (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
  committee.
         (g)  The medical executive committee and the board of the El
  Paso County Hospital District shall jointly develop and implement a
  conflict management process to resolve any conflict between the
  policies adopted under this section and a policy of the El Paso
  County Hospital District.
         (h)  A member of the medical executive committee who is a
  physician shall provide biennially to the chair of the medical
  executive committee 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
  medical executive committee 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 committee member's best efforts
  to ensure compliance with the policies that are adopted or
  established by the medical executive 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)  For all matters relating to the practice of medicine,
  each physician employed by the El Paso County Hospital District
  shall ultimately report to the chair of the medical executive
  committee for the 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, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 860 passed the Senate on
  April 19, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 860 passed the House on
  May 20, 2011, by the following vote:  Yeas 147, Nays 2, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor