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A BILL TO BE ENTITLED
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AN ACT
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relating to the Angleton-Danbury Hospital District of Brazoria |
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County, Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1002.051(f), Special District Local Laws |
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Code, is amended to read as follows: |
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(f) Directors serve staggered four-year terms. The |
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district shall hold an election each odd-numbered year to elect the |
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appropriate number of directors [two-year terms unless four-year
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terms are established under Section 285.081, Health and Safety
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Code. If the directors serve two-year terms, the terms of directors
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elected to odd-numbered positions expire in even-numbered years and
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the terms of directors elected to even-numbered positions expire in
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odd-numbered years]. |
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SECTION 2. Section 1002.058, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1002.058. [STAFF PHYSICIAN] OFFICE FACILITIES. (a) |
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In this section, "licensed health care professional" means any |
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individual who is licensed or certified by or registered in this |
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state to provide health care. |
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(b) The board shall determine the type, number, and location |
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of buildings necessary to establish and maintain office facilities |
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for staff physicians, physicians employed under Section 1002.061, |
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and other licensed health care professionals to provide adequate |
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health [medical] care services for the district within the licensed |
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health care professionals' scope of license. |
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(c) [(b)] The board may: |
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(1) acquire property and equipment and construct |
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facilities for the district for use by staff physicians, physicians |
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employed under Section 1002.061, and other licensed health care |
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professionals; and |
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(2) mortgage or pledge the property, equipment, or |
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facilities as security for the payment of the purchase price or |
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construction cost. |
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(d) [(c)] The board may lease the office facilities and |
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equipment to staff physicians, physicians employed under Section |
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1002.061, and other licensed health care professionals or may sell |
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or otherwise dispose of the property, facilities, and equipment. |
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SECTION 3. Subchapter B, Chapter 1002, Special District |
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Local Laws Code, is amended by adding Section 1002.061 to read as |
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follows: |
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Sec. 1002.061. EMPLOYMENT OF PHYSICIANS. (a) The board may |
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employ a physician and retain all or part of the professional income |
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generated by the physician for medical services provided at a |
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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 medical staff of the hospital. In the event of a conflict |
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between a policy adopted by the board and approved by the medical |
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staff under this section and a policy of the hospital, a conflict |
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management process shall be jointly developed by the medical staff |
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of the hospital and the board and implemented to resolve that |
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conflict. |
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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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and any other applicable provision. |
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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, terminate, or make |
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any other personnel decisions relating to 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) 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. Section 1002.251, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1002.251. DEPOSITORY. The [As soon as practicable
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after the creation election results favorably to the creation of
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the district, the] board shall by resolution designate a bank |
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within the county as the district's depository, and all funds of the |
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district shall be secured in the manner provided for the security of |
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county funds. Such depository shall serve for a period of five |
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[two] years and until a successor has been selected. |
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SECTION 5. Section 1002.252(b), Special District Local Laws |
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Code, is amended to read as follows: |
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(b) To secure a loan or line of credit, the board may pledge: |
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(1) revenue of the district that is not pledged to pay |
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the district's bonded indebtedness; |
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(2) taxes to be imposed by the district in the next |
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12-month period that are not pledged to pay the principal of or |
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interest on district bonds; or |
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(3) district bonds that have been authorized but not |
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sold. |
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SECTION 6. (a) Notwithstanding Section 1002.051, Special |
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District Local Laws Code, as amended by this Act, an election of the |
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board of directors of the Angleton-Danbury Hospital District of |
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Brazoria County, Texas, shall be held in May 2014, and the directors |
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elected to places 1, 3, 5, 7, and 9 at the election shall serve |
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three-year terms. |
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(b) The election of the board of directors scheduled to be |
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held in May 2015 must be held, and the directors elected to places |
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2, 4, 6, and 8 at that election shall serve four-year terms. |
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(c) The directors elected at the elections to be held in May |
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2017 and May 2019 shall serve four-year terms. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section: |
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(1) this Act takes effect immediately if it receives a |
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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; and |
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(2) if this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2013. |
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(b) Section 1002.051, Special District Local Laws Code, as |
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amended by this Act, takes effect January 1, 2014. |