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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain health organizations |
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certified by the Texas Medical Board; adding provisions subject to |
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a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 162.0021, Occupations Code, is amended |
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to read as follows: |
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Sec. 162.0021. INTERFERENCE WITH PHYSICIAN'S PROFESSIONAL |
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JUDGMENT PROHIBITED. (a) A health organization certified under |
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Section 162.001(b) may not interfere with, control, or otherwise |
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direct a physician's professional judgment in violation of this |
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subchapter or any other provision of law, including board rules. |
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(b) A health organization that violates Subsection (a) is |
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subject to the penalties prescribed by Section 162.003, including |
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the revocation of a certification issued under Section 162.001 to |
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that organization. |
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(c) A physician or chief medical officer who provides |
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professional medical services for a health organization that |
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violates Subsection (a) shall report the violation to the board and |
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the attorney general for investigation. |
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(d) Any person who is employed by a health organization that |
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violates Subsection (a) and is familiar with a chief medical |
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officer's failure to report the violation as required by Subsection |
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(c) shall report to the board and the attorney general the failure |
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of the chief medical officer to report the violation. |
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(e) A chief medical officer, as a physician licensed by the |
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board, is accountable to the board for the chief medical officer's |
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failure to report. |
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SECTION 2. Section 162.0023, Occupations Code, is amended |
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to read as follows: |
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Sec. 162.0023. DISCIPLINARY ACTION RESTRICTION. (a) A |
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physician employed by a health organization certified under Section |
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162.001(b) retains independent medical judgment in providing care |
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to patients, and the health organization may not discipline the |
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physician for reasonably advocating for patient care. |
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(b) A health organization that violates Subsection (a) is |
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subject to the penalties prescribed by Section 162.003, including |
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the revocation of a certification issued under Section 162.001 to |
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that organization. |
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(c) A physician or chief medical officer who provides |
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professional medical services for a health organization that |
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violates Subsection (a) shall report the violation to the board and |
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the attorney general for investigation. |
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(d) Any person who is employed by a health organization that |
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violates Subsection (a) and is familiar with a chief medical |
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officer's failure to report the violation as required by Subsection |
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(c) shall report to the board and the attorney general the failure |
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of the chief medical officer to report the violation. |
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(e) A chief medical officer, as a physician licensed by the |
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board, is accountable to the board for the chief medical officer's |
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failure to report. |
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SECTION 3. The changes in law made by this Act to Sections |
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162.0021 and 162.0023, Occupations Code, apply only to a violation |
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by a health organization that occurs on or after the effective date |
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of this Act. A violation that occurs before the effective date of |
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this Act is governed by the law in effect on the date the violation |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |