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A BILL TO BE ENTITLED
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AN ACT
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relating to employment of psychiatrists by certain private |
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hospitals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 311.081, Health and Safety Code, is |
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amended by adding subsection (a-1) to read as follows: |
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(a-1) This subchapter applies only to a hospital that |
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employs or seeks to employ a psychiatrist and that: |
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(1) is a private hospital licensed under Chapter 241 |
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or 577 located in an area designated by the United States secretary |
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of health and human services as having: |
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(A) a shortage of personal health services or a |
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population group that has such a shortage as provided by 42 U.S.C. |
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Section 300e-1; or |
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(B) a health professional shortage as provided by |
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42 U.S.C. Section 254e(a). |
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SECTION 2. Subchapter F, Chapter 311, Health and Safety |
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Code, is amended by adding Section 311.0825 to read as follows: |
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Sec. 311.0825. DUTIES AND POLICIES OF CERTAIN HOSPITALS. |
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(a) A private hospital licensed under Chapter 241 or 577 may employ |
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a physician under this subchapter only if the physician: |
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(1) is a psychiatrist; and |
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(2) remains employed by the private hospital for not |
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more than 10 years from the date of initial employment. |
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(b) In addition to the requirements prescribed by Section |
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311.083, the chief medical officer of a private hospital licensed |
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under Chapter 241 or 577 that employs a physician described by |
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Subsection (a) shall certify in writing to the Texas Medical Board |
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that: |
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(1) the hospital, using commercially reasonable |
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efforts, had not been able to recruit a physician to provide |
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psychiatric services at the hospital for at least 12 continuous |
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months; |
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(2) the hiring of the physician did not supplant a |
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physician with privileges or a contract with the hospital; and |
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(3) the hospital did not actively recruit a physician |
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who at any time during the period of recruitment was employed to |
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provide psychiatric services by a federally qualified health center |
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or rural health clinic, as those terms are defined by 42 U.S.C. |
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Section 1396d, or another community health clinic not affiliated |
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with the hospital. |
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(c) The chief medical officer shall include with the written |
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certification described by Subsection (b) a description of the |
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commercially reasonable efforts the private hospital licensed |
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under Chapter 241 or 577 used to recruit a physician and the reason |
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for the hospital's lack of success, if known. |
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SECTION 3. This Act takes effect September 1, 2017. |