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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 board of directors of the Hardeman |
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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. The heading to Section 1038.062, Special |
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District Local Laws Code, is amended to read as follows: |
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Sec. 1038.062. [APPOINTMENT AND RECRUITMENT OF] STAFF AND |
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EMPLOYEES. |
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SECTION 2. Section 1038.062, Special District Local Laws |
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Code, is amended by adding Subsections (a-1) and (e) and amending |
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Subsection (c) to read as follows: |
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(a-1) The board may employ physicians and other health care |
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providers as necessary for the efficient operation of the district. |
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(c) Except as otherwise provided by this subsection, the |
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[The] board may delegate to the district administrator the |
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authority to employ district employees, including technicians and |
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nurses. The board may not delegate to the district administrator |
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the authority to employ physicians. |
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(e) 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 by Subtitle B, Title 3, Occupations Code. |
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(f) The board may employ a physician and retain all or part |
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of the professional income generated by the physician for medical |
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services provided at the hospital and other health facilities owned |
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or operated by the hospital if the hospital satisfies the |
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requirements of this subchapter. |
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(g) The board shall: |
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(1) appoint a chief medical officer, who may be a |
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member of the hospital's medical staff; and |
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(2) adopt, maintain, and enforce policies to ensure |
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that a physician employed by the hospital exercises the physician's |
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independent medical judgment in providing care to patients at the |
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hospital. |
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(h) 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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(i) The policies adopted under this section must be approved |
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by the chief medical officer of the hospital. |
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(j) For all matters relating to the practice of medicine, |
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each physician employed by the hospital under this subchapter shall |
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ultimately report to the chief medical officer of the hospital. The |
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policies adopted under this section: |
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(1) must be approved by the chief medical officer of |
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the hospital; and |
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(2) shall control and prevail in the event of a |
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conflict with any other policies of a hospital under this |
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subchapter. |
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(k) The chief medical officer shall immediately report to |
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the 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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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. |