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Senate Bill 1661 |
Senate Author: Duncan |
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Effective: See below |
House Sponsor: Hunter |
Senate Bill 1661 amends the Occupations Code to prohibit certain nonprofit health organizations certified by the Texas Medical Board organized for purposes relating to conducting research, the study and practice of medicine, and the delivery of health care from interfering with, controlling, or otherwise directing a physician's professional judgment in violation of law, including board rules. The bill requires such a health organization to adopt, maintain, and enforce policies to ensure that a physician employed by the health organization exercises independent medical judgment when providing care to patients and set out requirements for those policies. The bill prohibits a health organization from disciplining a physician for reasonably advocating for patient care. The bill prohibits the requirements of the bill from being voided or waived by contract, but authorizes a member of a health organization to establish ethical and religious directives and authorizes a physician to contractually agree to comply with those directives. The bill authorizes, rather than requires, the board to revoke the board's certification of a health organization on determination that the organization is established, organized, or operated in violation of or with the intent to violate the Medical Practice Act and includes the imposition of an administrative penalty against the organization among the actions the board is authorized to take to enforce such a determination. Provisions of the bill relating to independent medical judgment of a physician employed by an applicable health organization take effect January 1, 2012. All other provisions of the bill take effect September 1, 2011.