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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 Lubbock County Hospital District |
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of Lubbock County, Texas, to employ physicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 1053, Special District |
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Local Laws Code, is amended by adding Section 1053.0601 to read as |
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follows: |
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Sec. 1053.0601. EMPLOYMENT OF PHYSICIANS. (a) In this |
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section: |
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(1) "Facility-based services" means emergency |
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medicine, general hospital medicine, and radiology services |
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provided at a hospital or other health care facility. |
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(2) "Other health care facility" means an ambulatory |
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surgical center, emergency center, cancer center, or imaging center |
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operated separately from a hospital. |
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(b) The board may employ physicians as the board considers |
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necessary to provide facility-based services at a hospital or other |
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health care facility owned or operated by the district as provided |
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by this section. The board may retain all or part of the |
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professional income generated by a physician employed by the |
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district for such facility-based services if the board satisfies |
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the requirements of this section. |
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(c) The term of an employment contract entered into under |
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this section may not exceed five years. |
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(d) 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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(e) The authority granted to the board under Subsection (b) |
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to employ physicians shall apply as necessary for the district to |
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fulfill its statutory mandate to provide medical and hospital care |
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for district residents, including needy and indigent residents, as |
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provided by Sections 1053.101 and 1053.104. |
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(f) The medical executive committee of the district shall |
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adopt, maintain, and enforce policies and rules to ensure that a |
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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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(g) The policies and rules adopted by the medical executive |
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committee under this section must include: |
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(1) policies relating to: |
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(A) governance of the committee; |
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(B) credentialing; |
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(C) quality assurance; |
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(D) utilization review; |
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(E) peer review; |
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(F) medical decision-making; |
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(G) due process; and |
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(H) covenants not to compete that comply with |
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Section 15.50, Business & Commerce Code; and |
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(2) rules requiring the disclosure of financial |
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conflicts of interest by a member of the committee. |
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(h) The medical executive committee and the board shall |
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jointly develop and implement a conflict management process to |
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resolve any conflict between a policy or rule adopted by the |
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committee under this section and a policy or rule of the district. |
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(i) A member of the medical executive committee who is a |
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physician shall provide biennially to the chair of the committee a |
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signed, verified statement indicating that the committee member: |
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(1) is licensed by the Texas Medical Board; |
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(2) will exercise independent medical judgment in all |
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committee matters, including matters 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; |
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(E) medical decision-making; and |
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(F) due process; |
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(3) will exercise the committee member's best efforts |
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to ensure compliance with the policies and rules that are adopted or |
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established by the committee; and |
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(4) will report immediately to the Texas Medical Board |
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any action or event that the committee member reasonably and in good |
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faith 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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(j) 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 chair of the medical executive committee. |
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SECTION 2. 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, 2019. |