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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 |
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Nacogdoches County Hospital District to employ physicians. |
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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 1069.060, Special |
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District Local Laws Code, as effective April 1, 2013, is amended to |
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read as follows: |
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Sec. 1069.060. [APPOINTMENT OF] STAFF AND EMPLOYEES. |
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SECTION 2. Section 1069.060, Special District Local Laws |
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Code, as effective April 1, 2013, is amended by adding Subsection |
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(b-1) and amending Subsection (c) to read as follows: |
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(b-1) The board may employ physicians, but only as provided |
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by Section 1069.0605. |
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(c) Except as provided by Section 1069.0605, the [The] board |
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may provide that the district administrator has the authority to |
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employ district employees, including technicians and nurses. |
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SECTION 3. Subchapter B, Chapter 1069, Special District |
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Local Laws Code, as effective April 1, 2013, is amended by adding |
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Section 1069.0605 to read as follows: |
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Sec. 1069.0605. EMPLOYMENT OF PHYSICIANS. (a) The board |
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may employ a physician and retain all or part of the professional |
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income generated by the physician for medical services provided at |
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a hospital or other health care facility owned or operated by the |
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district if the board satisfies the requirements of this section. |
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(b) The board shall: |
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(1) appoint a chief medical officer for the district |
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who has been recommended by the medical staff of the district; and |
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(2) adopt, maintain, and enforce policies to ensure |
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that a physician employed by the district exercises the physician's |
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independent medical judgment in providing care to patients. |
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(c) The policies adopted under this section must include: |
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(1) policies relating to: |
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(A) credentialing and privileges; |
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(B) quality assurance; |
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(C) utilization review; |
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(D) peer review and due process; 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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(d) The policies adopted under this section must be approved |
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by the district medical staff. The district medical staff and the |
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board shall jointly develop and implement a conflict management |
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policy to resolve any conflict between a medical staff policy and a |
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board policy. |
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(e) For all matters relating to the practice of medicine, |
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each physician employed by the district shall ultimately report to |
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the chief medical officer of the district. |
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(f) The chief medical officer shall notify the Texas Medical |
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Board that the board is employing physicians under this section and |
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that the chief medical officer is the board's designated contact |
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with the Texas Medical Board. The chief medical officer shall |
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immediately report to the Texas Medical Board any action or event |
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that the chief medical officer reasonably and in good faith |
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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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(g) The board shall give equal consideration regarding the |
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issuance of medical staff membership and privileges to physicians |
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employed by the district and physicians not employed by the |
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district. |
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(h) A physician employed by the district shall retain |
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independent medical judgment in providing care to patients and may |
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not be disciplined for reasonably advocating for patient care. |
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(i) If the district provides professional liability |
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coverage for physicians employed by the district, a physician |
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employed by the district may participate in the selection of the |
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professional liability coverage, has the right to an independent |
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defense at the physician's own cost, and retains the right to |
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consent to the settlement of any action or proceeding brought |
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against the physician. |
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(j) If a physician employed by the district enters into an |
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employment agreement that includes a covenant not to compete, the |
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agreement is subject to Section 15.50, Business & Commerce Code. |
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(k) The board may not delegate to the chief executive |
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officer of the district the authority to hire a physician. |
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(l) This section applies to medical services provided by a |
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physician at a hospital or other health care facility owned or |
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operated by the district. |
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(m) The authority granted to the board under this section to |
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employ physicians shall apply as necessary for the district to |
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fulfill the district's statutory mandate to provide medical care |
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for the indigent and needy residents of the district as provided by |
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Section 1069.101. |
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(n) 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 under Subtitle B, Title 3, Occupations Code. |
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SECTION 4. 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, 2013. |
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