The board may employ a physician if it meets this section’s requirements, but it must also appoint a chief medical officer, adopt and enforce policies protecting independent medical judgment, and avoid delegating physician hiring to the district administrator.
Sec. 1071.0625. 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 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; 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; (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. (d) The policies adopted under this section: (1) must be approved by the chief medical officer of the district; and (2) shall prevail over a conflicting policy of the district. (e) For all matters relating to the practice of medicine, each physician employed by the board shall ultimately report to the chief medical officer of the district. (f) The chief medical officer will report immediately 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 may not delegate to the district administrator the authority to hire a physician. (h) 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 2011, 82nd Leg., R.S., Ch. 379 (S.B. 311), Sec. 2, eff. June 17, 2011.