This section lets the board employ physicians if it follows the section’s requirements, and it sets rules to protect physicians’ independent medical judgment.
Sec. 1002.061. 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 medical staff of the hospital. In the event of a conflict between a policy adopted by the board and approved by the medical staff under this section and a policy of the hospital, a conflict management process shall be jointly developed by the medical staff of the hospital and the board and implemented to resolve that conflict. (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, and any other applicable provision. (k) The board may not delegate to the chief executive officer of the district the authority to hire, terminate, or make any other personnel decisions relating to 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) 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. 826 (S.B. 1861), Sec. 3, eff. June 14, 2013. Added by Acts 2013, 83rd Leg., R.S., Ch. 1119 (H.B. 3905), Sec. 3, eff. June 14, 2013. SUBCHAPTER C. POWERS AND DUTIES