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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the El Paso County Hospital District to |
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appoint, contract for, or employ physicians, dentists, and other |
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health care 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 281.0285 to read as follows: |
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Sec. 281.0285. EL PASO COUNTY HOSPITAL DISTRICT; EMPLOYMENT |
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OF PHYSICIANS, DENTISTS, AND OTHER HEALTH CARE PROVIDERS. (a) The |
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board of the El Paso County Hospital District may appoint, contract |
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for, or employ physicians, dentists, and other health care |
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providers as the board considers necessary for the efficient |
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operation of the 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 El Paso County Hospital District to supervise or |
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control the practice of medicine as prohibited by Subtitle B, Title |
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3, Occupations Code, or to supervise or control the practice of |
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dentistry as prohibited by Subtitle D, Title 3, Occupations Code. |
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(d) The authority granted to the board of the El Paso County |
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Hospital District under Subsection (a) to employ physicians shall |
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apply as necessary for the district to fulfill the district's |
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statutory mandate to provide medical care for the indigent and |
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needy residents of the district as provided by Section 281.046. |
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(e) The medical executive committee of the El Paso County |
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Hospital District, in accordance with the bylaws adopted by the |
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board of the El Paso County Hospital District, shall adopt, |
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maintain, and enforce policies to ensure that a physician employed |
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by the district exercises the physician's independent medical |
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judgment in providing care to patients. |
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(f) The policies adopted by the medical executive committee |
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under this section must include: |
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(1) policies relating to: |
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(A) governance of the medical executive |
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committee; |
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(B) credentialing; |
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(C) quality assurance; |
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(D) utilization review; |
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(E) peer review; |
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(F) medical decision-making; and |
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(G) due process; and |
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(2) rules requiring the disclosure of financial |
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conflicts of interest by a member of the medical executive |
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committee. |
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(g) The medical executive committee and the board of the El |
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Paso County Hospital District shall jointly develop and implement a |
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conflict management process to resolve any conflict between the |
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policies adopted under this section and a policy of the El Paso |
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County Hospital District. |
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(h) A member of the medical executive committee who is a |
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physician shall provide biennially to the chair of the medical |
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executive committee a signed, verified statement indicating that |
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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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medical executive committee matters, including matters relating |
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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; |
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(E) medical decision-making; and |
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(F) due process; |
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(3) will exercise the committee member's best efforts |
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to ensure compliance with the policies that are adopted or |
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established by the medical executive 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) For all matters relating to the practice of medicine, |
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each physician employed by the El Paso County Hospital District |
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shall report to the clinical department chair or the designated |
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medical director for the department or unit in which the physician |
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practices. |
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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, 2011. |