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A BILL TO BE ENTITLED
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AN ACT
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relating to medical and dental clinical education in public and |
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nonprofit hospitals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.003(5), Education Code, is amended to |
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read as follows: |
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(5) "Medical and dental unit" means The Texas A&M |
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University System Health Science Center and its component |
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institutions, agencies, and programs; the Texas Tech University |
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Health Sciences Center; the Texas Tech University Health Sciences |
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Center at El Paso; the University of Houston College of Medicine; |
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The University of Texas Medical Branch at Galveston; The University |
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of Texas Southwestern Medical Center; The University of Texas |
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Medical School at San Antonio; The University of Texas Dental |
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Branch at Houston; The University of Texas M. D. Anderson Cancer |
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Center; The University of Texas Graduate School of Biomedical |
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Sciences at Houston; The University of Texas Dental School at San |
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Antonio; The University of Texas Medical School at Houston; the |
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Dell Medical School at The University of Texas at Austin; the School |
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of Medicine at The University of Texas Rio Grande Valley; The |
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University of Texas Health Science Center at Tyler [The University
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of Texas Health Science Center--South Texas and its component
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institutions, if established under Subchapter N, Chapter 74]; the |
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nursing institutions of The Texas A&M University System and The |
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University of Texas System; and The University of Texas School of |
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Public Health at Houston; and such other medical or dental schools |
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as may be established by statute or as provided in this chapter. |
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SECTION 2. Section 312.002, Health and Safety Code, is |
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amended by adding Subdivision (4-a) to read as follows: |
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(4-a) "Nonprofit hospital" means a hospital, clinic, |
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or other facility for the provision of health care or dental care |
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that is: |
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(A) owned or operated by: |
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(i) a nonprofit hospital, as defined by |
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Section 311.042; or |
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(ii) a nonprofit supporting entity, as |
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defined by Section 311.042; or |
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(B) operated by a health organization that is |
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certified under Section 162.001(b) or (c), Occupations Code. |
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SECTION 3. Sections 312.004(a), (c), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(a) Medical and dental units, supported medical or dental |
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schools, coordinating entities, and public or nonprofit hospitals |
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may make and perform contracts among each other for the coordinated |
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or cooperative clinical education of the students, interns, |
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residents, and fellows enrolled at the units or schools. |
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(c) A medical and dental unit, a supported medical or dental |
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school, and a coordinating entity may contract with the owner or |
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operator of a public or nonprofit hospital for the clinical |
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education of students, interns, residents, and fellows enrolled at |
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the unit or school. |
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(e) The contract may provide for the coordinated, |
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cooperative, or exclusive assignment of the interns, residents, |
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fellows, faculty, and associated health care professionals of the |
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participating medical and dental units and supported medical or |
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dental schools to provide or perform health or dental services or |
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research at a public or nonprofit hospital. |
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SECTION 4. Section 312.006(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A medical and dental unit, supported medical or dental |
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school, or coordinating entity engaged in coordinated or |
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cooperative medical or dental clinical education under Section |
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312.004, including patient care and the provision or performance of |
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health or dental services or research at a public or nonprofit |
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hospital, is not liable for its acts and omissions in connection |
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with those activities except to the extent and up to the maximum |
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amount of liability of state government under Section 101.023(a), |
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Civil Practice and Remedies Code, for the acts and omissions of a |
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governmental unit of state government under Chapter 101, Civil |
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Practice and Remedies Code. |
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SECTION 5. Section 312.007, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Regardless of whether the medical and dental unit |
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complies with the provisions of Section 312.003, 312.004, or |
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312.005, the limitations on liability provided by this section |
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apply to interns, residents, fellows, faculty members, and other |
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associated health care professionals or employees of a medical and |
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dental unit participating in the coordinated or cooperative |
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education under Section 312.004 of students, interns, residents, or |
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fellows attending the medical and dental unit or participating in a |
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training program sponsored by the medical and dental unit. |
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SECTION 6. 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. |