Bill Text: TX HB3885 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to employment of psychiatrists by certain private hospitals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3885 Detail]
Download: Texas-2017-HB3885-Introduced.html
By: Coleman | H.B. No. 3885 |
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relating to employment of psychiatrists by certain private | ||
hospitals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 311.081, Health and Safety Code, is | ||
amended by adding subsection (a-1) to read as follows: | ||
(a-1) This subchapter applies only to a hospital that | ||
employs or seeks to employ a psychiatrist and that: | ||
(1) is a private hospital licensed under Chapter 241 | ||
or 577 located in an area designated by the United States secretary | ||
of health and human services as having: | ||
(A) a shortage of personal health services or a | ||
population group that has such a shortage as provided by 42 U.S.C. | ||
Section 300e-1; or | ||
(B) a health professional shortage as provided by | ||
42 U.S.C. Section 254e(a). | ||
SECTION 2. Subchapter F, Chapter 311, Health and Safety | ||
Code, is amended by adding Section 311.0825 to read as follows: | ||
Sec. 311.0825. DUTIES AND POLICIES OF CERTAIN HOSPITALS. | ||
(a) A private hospital licensed under Chapter 241 or 577 may employ | ||
a physician under this subchapter only if the physician: | ||
(1) is a psychiatrist; and | ||
(2) remains employed by the private hospital for not | ||
more than 10 years from the date of initial employment. | ||
(b) In addition to the requirements prescribed by Section | ||
311.083, the chief medical officer of a private hospital licensed | ||
under Chapter 241 or 577 that employs a physician described by | ||
Subsection (a) shall certify in writing to the Texas Medical Board | ||
that: | ||
(1) the hospital, using commercially reasonable | ||
efforts, had not been able to recruit a physician to provide | ||
psychiatric services at the hospital for at least 12 continuous | ||
months; | ||
(2) the hiring of the physician did not supplant a | ||
physician with privileges or a contract with the hospital; and | ||
(3) the hospital did not actively recruit a physician | ||
who at any time during the period of recruitment was employed to | ||
provide psychiatric services by a federally qualified health center | ||
or rural health clinic, as those terms are defined by 42 U.S.C. | ||
Section 1396d, or another community health clinic not affiliated | ||
with the hospital. | ||
(c) The chief medical officer shall include with the written | ||
certification described by Subsection (b) a description of the | ||
commercially reasonable efforts the private hospital licensed | ||
under Chapter 241 or 577 used to recruit a physician and the reason | ||
for the hospital's lack of success, if known. | ||
SECTION 3. This Act takes effect September 1, 2017. |