Bill Text: TX SB1635 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to medical and dental clinical education in public and nonprofit hospitals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-01 - Left pending in committee [SB1635 Detail]
Download: Texas-2019-SB1635-Introduced.html
86R13873 MM-F | ||
By: Zaffirini | S.B. No. 1635 |
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relating to medical and dental clinical education in public and | ||
nonprofit hospitals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 61.003(5), Education Code, is amended to | ||
read as follows: | ||
(5) "Medical and dental unit" means The Texas A&M | ||
University System Health Science Center and its component | ||
institutions, agencies, and programs; the Texas Tech University | ||
Health Sciences Center; the Texas Tech University Health Sciences | ||
Center at El Paso; the University of Houston College of Medicine; | ||
The University of Texas Medical Branch at Galveston; The University | ||
of Texas Southwestern Medical Center; The University of Texas | ||
Medical School at San Antonio; The University of Texas Dental | ||
Branch at Houston; The University of Texas M. D. Anderson Cancer | ||
Center; The University of Texas Graduate School of Biomedical | ||
Sciences at Houston; The University of Texas Dental School at San | ||
Antonio; The University of Texas Medical School at Houston; the | ||
Dell Medical School at The University of Texas at Austin; the School | ||
of Medicine at The University of Texas Rio Grande Valley; The | ||
University of Texas Health Science Center at Tyler [ |
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nursing institutions of The Texas A&M University System and The | ||
University of Texas System; and The University of Texas School of | ||
Public Health at Houston; and such other medical or dental schools | ||
as may be established by statute or as provided in this chapter. | ||
SECTION 2. Section 312.002, Health and Safety Code, is | ||
amended by adding Subdivision (4-a) to read as follows: | ||
(4-a) "Nonprofit hospital" means a hospital, clinic, | ||
or other facility for the provision of health care or dental care | ||
that is: | ||
(A) owned or operated by: | ||
(i) a nonprofit hospital, as defined by | ||
Section 311.042; or | ||
(ii) a nonprofit supporting entity, as | ||
defined by Section 311.042; or | ||
(B) operated by a health organization that is | ||
certified under Section 162.001(b) or (c), Occupations Code. | ||
SECTION 3. Sections 312.004(a), (c), and (e), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) Medical and dental units, supported medical or dental | ||
schools, coordinating entities, and public or nonprofit hospitals | ||
may make and perform contracts among each other for the coordinated | ||
or cooperative clinical education of the students, interns, | ||
residents, and fellows enrolled at the units or schools. | ||
(c) A medical and dental unit, a supported medical or dental | ||
school, and a coordinating entity may contract with the owner or | ||
operator of a public or nonprofit hospital for the clinical | ||
education of students, interns, residents, and fellows enrolled at | ||
the unit or school. | ||
(e) The contract may provide for the coordinated, | ||
cooperative, or exclusive assignment of the interns, residents, | ||
fellows, faculty, and associated health care professionals of the | ||
participating medical and dental units and supported medical or | ||
dental schools to provide or perform health or dental services or | ||
research at a public or nonprofit hospital. | ||
SECTION 4. Section 312.006(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A medical and dental unit, supported medical or dental | ||
school, or coordinating entity engaged in coordinated or | ||
cooperative medical or dental clinical education under Section | ||
312.004, including patient care and the provision or performance of | ||
health or dental services or research at a public or nonprofit | ||
hospital, is not liable for its acts and omissions in connection | ||
with those activities except to the extent and up to the maximum | ||
amount of liability of state government under Section 101.023(a), | ||
Civil Practice and Remedies Code, for the acts and omissions of a | ||
governmental unit of state government under Chapter 101, Civil | ||
Practice and Remedies Code. | ||
SECTION 5. Section 312.007, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) Regardless of whether the medical and dental unit | ||
complies with the provisions of Section 312.003, 312.004, or | ||
312.005, the limitations on liability provided by this section | ||
apply to interns, residents, fellows, faculty members, and other | ||
associated health care professionals or employees of a medical and | ||
dental unit participating in the coordinated or cooperative | ||
education under Section 312.004 of students, interns, residents, or | ||
fellows attending the medical and dental unit or participating in a | ||
training program sponsored by the medical and dental unit. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |