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