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AN ACT
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relating to the authority of certain local governmental entities in |
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certain populous counties to appoint, contract for, or employ |
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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 281, Health and Safety |
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Code, is amended by adding Section 281.0283 to read as follows: |
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Sec. 281.0283. HARRIS COUNTY HOSPITAL DISTRICT; EMPLOYMENT |
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OF PHYSICIANS. (a) The board of the Harris County Hospital |
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District may appoint, contract for, or employ physicians as the |
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board considers necessary for the efficient operation of the |
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district. |
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(b) The term of an employment contract entered into under |
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this section may not exceed four years. |
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(c) This section may not be construed as authorizing the |
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board of the Harris County Hospital District to supervise or |
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control the practice of medicine, as prohibited by Subtitle B, |
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Title 3, Occupations Code. |
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(d) The authority granted to the board of the Harris County |
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Hospital District under Subsection (a) to employ physicians shall |
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apply as necessary for the district to fulfill the district's |
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statutory mandate to provide medical care for the indigent and |
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needy residents of the district as provided by Section 281.046. |
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(e) The medical executive board of the Harris County |
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Hospital District shall adopt, maintain, and enforce policies to |
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ensure that a physician employed by the district exercises the |
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physician's independent medical judgment in providing care to |
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patients. |
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(f) The policies adopted by the medical executive board |
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under this section must include: |
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(1) policies relating to: |
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(A) governance of the medical executive board; |
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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; and |
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(G) due process; and |
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(2) rules requiring the disclosure of financial |
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conflicts of interest by a member of the medical executive board. |
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(g) The medical executive board and the board of the Harris |
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County Hospital District shall jointly develop and implement a |
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conflict management process to resolve any conflict between a |
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policy adopted by the medical executive board under this section |
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and a policy of the Harris County Hospital District. |
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(h) A member of the medical executive board who is a |
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physician shall provide biennially to the chair of the medical |
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executive board a signed, verified statement indicating that the |
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board 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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medical executive board 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 board member's best efforts to |
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ensure compliance with the policies that are adopted or established |
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by the medical executive board; and |
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(4) will report immediately to the Texas Medical Board |
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any action or event that the board 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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(i) For all matters relating to the practice of medicine, |
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each physician employed by the Harris County Hospital District |
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shall ultimately report to the chair of the medical executive board |
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for the district. |
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SECTION 2. Subchapter C, Chapter 351, Local Government |
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Code, is amended by adding Section 351.045 to read as follows: |
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Sec. 351.045. HEALTH CARE SERVICES IN CERTAIN COUNTIES; |
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EMPLOYMENT OF PHYSICIANS. (a) The commissioners court of a county |
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with a population of 3.3 million or more may appoint, contract for, |
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or employ physicians to provide health care services to inmates in |
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the custody of the sheriff. |
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(b) This section may not be construed as authorizing the |
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commissioners court to supervise or control the practice of |
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medicine, as prohibited by Subtitle B, Title 3, Occupations Code. |
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SECTION 3. 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1568 was passed by the House on April |
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14, 2011, by the following vote: Yeas 139, Nays 3, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1568 on May 25, 2011, by the following vote: Yeas 143, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1568 was passed by the Senate, with |
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amendments, on May 23, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |