The board may employ physicians if it follows this section, and it must set up oversight and policies to protect physicians’ independent medical judgment.
Sec. 1069.0605. EMPLOYMENT OF PHYSICIANS. (a) The board may employ a physician and retain all or part of the professional income generated by the physician for medical services provided at a hospital or other health care facility owned or operated by the district if the board satisfies the requirements of this section. (b) The board shall: (1) appoint a chief medical officer for the district who has been recommended by the medical staff of the district; and (2) adopt, maintain, and enforce policies to ensure that a physician employed by the district exercises the physician's independent medical judgment in providing care to patients. (c) The policies adopted under this section must include: (1) policies relating to: (A) credentialing and privileges; (B) quality assurance; (C) utilization review; (D) peer review and due process; 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. (d) The policies adopted under this section must be approved by the district medical staff. The district medical staff and the board shall jointly develop and implement a conflict management policy to resolve any conflict between a medical staff policy and a board policy. (e) For all matters relating to the practice of medicine, each physician employed by the district shall ultimately report to the chief medical officer of the district. (f) The chief medical officer shall notify the Texas Medical Board that the board is employing physicians under this section and that the chief medical officer is the board's designated contact with the Texas Medical Board. 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. (g) The board shall give equal consideration regarding the issuance of medical staff membership and privileges to physicians employed by the district and physicians not employed by the district. (h) A physician employed by the district shall retain independent medical judgment in providing care to patients and may not be disciplined for reasonably advocating for patient care. (i) If the district provides professional liability coverage for physicians employed by the district, a physician employed by the district may participate in the selection of the professional liability coverage, has the right to an independent defense at the physician's own cost, and retains the right to consent to the settlement of any action or proceeding brought against the physician. (j) If a physician employed by the district enters into an employment agreement that includes a covenant not to compete, the agreement is subject to Section 15.50, Business & Commerce Code. (k) The board may not delegate to the chief executive officer of the district the authority to hire a physician. (l) This section applies to medical services provided by a physician at a hospital or other health care facility owned or operated by the district. (m) The authority granted to the board under this section to employ physicians shall apply as necessary for the district to fulfill the district's statutory mandate to provide medical care for the indigent and needy residents of the district as provided by Section 1069.101. (n) This section may not be construed as authorizing the board to supervise or control the practice of medicine as prohibited under Subtitle B, Title 3, Occupations Code. Added by Acts 2013, 83rd Leg., R.S., Ch. 292 (H.B. 1247), Sec. 3, eff. June 14, 2013.