Bill Text: TX HB729 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the authority of the board of directors of the Ochiltree County Hospital District to employ health care providers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-04-20 - Referred to Intergovernmental Relations [HB729 Detail]
Download: Texas-2011-HB729-Engrossed.html
| By: Chisum | H.B. No. 729 | |
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| relating to the authority of the board of directors of the Ochiltree | ||
| County Hospital District to employ health care providers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1071.062, Special District Local Laws | ||
| Code, is amended by amending Subsections (b) and (c) and adding | ||
| Subsection (d) to read as follows: | ||
| (b) The board may employ physicians, technicians, nurses, | ||
| other health care providers, fiscal agents, accountants, and other | ||
| necessary employees. | ||
| (c) The board may delegate to the district administrator the | ||
| authority to hire employees under Subsection (b) other than | ||
| physicians. | ||
| (d) This subchapter may not be construed as authorizing the | ||
| governing body of a hospital to supervise or control the practice of | ||
| medicine, as prohibited under Subtitle B, Title 3, Occupations | ||
| Code. | ||
| SECTION 2. Section 1071.064, Special District Local Laws | ||
| Code, is amended by adding Subsections (b), (c), (d), (e), (f), and | ||
| (g) to read as follows: | ||
| (b) The board may employ a physician and retain all or part | ||
| of the professional income generated by the physician for medical | ||
| services provided at the hospital and other health facilities owned | ||
| or operated by the hospital if the hospital satisfies the | ||
| requirements of this subchapter. | ||
| (c) The board shall: | ||
| (1) appoint a chief medical officer, who may be a | ||
| member of the hospital's medical staff; and | ||
| (2) adopt, maintain, and enforce policies to ensure | ||
| that a physician employed by the hospital exercises the physician's | ||
| independent medical judgment in providing care to patients at the | ||
| hospital. | ||
| (d) The policies adopted under this section must include: | ||
| (1) policies relating to: | ||
| (A) credentialing; | ||
| (B) quality assurance; | ||
| (C) utilization review; | ||
| (D) peer review; and | ||
| (E) medical decision-making; and | ||
| (2) the implementation of a complaint mechanism to | ||
| process and resolve complaints regarding interference or attempted | ||
| interference with a physician's independent medical judgment. | ||
| (e) For all matters relating to the practice of medicine, | ||
| each physician employed by the hospital under this subchapter shall | ||
| ultimately report to the chief medical officer of the hospital. | ||
| (f) The policies adopted under this section: | ||
| (1) must be approved by the chief medical officer of | ||
| the hospital; and | ||
| (2) shall control and prevail in the event of a | ||
| conflict with any other policies of a hospital under this | ||
| subchapter. | ||
| (g) The chief medical officer shall immediately report to | ||
| the Texas Medical Board any action or event that the chief medical | ||
| officer reasonably and in good faith believes constitutes a | ||
| compromise of the independent medical judgment of a physician in | ||
| caring for a patient. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
