Tex. Spec. Dist. Local Laws Code Section 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 (Criteria for Enforceability of Covenants Not to Compete), 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.

Source: Section 1002.061 — Employment of Physicians, https://statutes.­capitol.­texas.­gov/Docs/SD/htm/SD.­1002.­htm#1002.­061 (accessed Jun. 5, 2024).

1002.001
Definitions
1002.002
Authority for Creation
1002.003
Political Subdivision
1002.004
District Territory
1002.005
Correction of Invalid Procedures
1002.006
District Support and Maintenance Not State Obligation
1002.051
Board of Directors
1002.052
Bond
1002.053
Board Vacancy
1002.054
Officers
1002.055
Compensation
1002.056
Voting Requirement
1002.057
Recruitment of Staff and Employees
1002.058
Office Facilities
1002.059
Health Education Programs for Staff and Employees
1002.060
Retirement of Benefits
1002.061
Employment of Physicians
1002.101
District Responsibility
1002.102
Limitation on Certain Political Subdivisions
1002.103
Powers of Board
1002.104
Hospital System
1002.105
Operating, Management, or Consulting Contracts
1002.106
Provision of Services Outside District
1002.107
Eminent Domain
1002.108
Gifts and Endowments
1002.109
Authority to Sue and Be Sued
1002.110
Public Works Contracts
1002.151
Petition to Expand District Territory
1002.152
Notice of Hearing
1002.153
Order of Annexation
1002.154
Ratification Election
1002.155
Assumption of Debts and Taxes
1002.201
Dissolution
1002.202
Notice of Election
1002.203
Ballot
1002.204
Election Results
1002.205
Transfer or Administration of Assets
1002.206
Sale or Transfer of Assets and Liabilities
1002.207
Imposition of Tax and Return of Surplus Taxes
1002.208
Report
1002.251
Depository
1002.252
Authority to Borrow Money
1002.301
General Obligation Bonds
1002.302
Taxes to Pay General Obligation Bonds
1002.303
General Obligation Bond Election
1002.304
Execution of General Obligation Bonds
1002.305
Investment of General Obligation Bond Proceeds
1002.306
Revenue Bonds
1002.351
Imposition of Taxes
1002.352
Tax Assessor-collector

Accessed:
Jun. 5, 2024

§ 1002.061’s source at texas​.gov