CHAPTER 312. MEDICAL AND DENTAL CLINICAL EDUCATION IN PUBLIC HOSPITALS

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-312-medical-and-dental-clinical-education-in-public-hospitals

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE F. POWERS AND DUTIES OF HOSPITALS

CHAPTER 312. MEDICAL AND DENTAL CLINICAL EDUCATION IN PUBLIC

HOSPITALS

Sec. 312.001. FINDING; PURPOSE. (a) The legislature finds that

the clinical education of medical and dental students, interns,

residents, and fellows attending a medical and dental unit or a

supported medical or dental school and the provision of patient

care to public hospitals can be more effectively and economically

undertaken if those institutions and hospitals coordinate and

cooperate, rather than compete, in their common endeavors.

(b) The purpose of this chapter is to authorize coordination and

cooperation between medical and dental units, supported medical

or dental schools, and public hospitals and to remove impediments

to that coordination and cooperation in order to:

(1) enhance the education of students, interns, residents, and

fellows attending a medical and dental unit or a supported

medical or dental school;

(2) enhance patient care; and

(3) avoid any waste of public money.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 312.002. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Board of Health.

(2) "Commissioner" means the commissioner of health.

(3) "Coordinating entity" means a nonprofit corporation under

the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,

Vernon's Texas Civil Statutes) that is a health organization

approved and certified by the Texas State Board of Medical

Examiners under Chapter 162, Occupations Code.

(4) "Medical and dental unit" has the meaning assigned by

Section 61.003, Education Code.

(5) "Public hospital" means a hospital, clinic, or other

facility for the provision of health care or dental care that is

owned or operated by the federal government, the state, or a

political subdivision or municipal corporation of the state,

including a hospital district or authority.

(6) "Supported medical or dental school" means a medical school

or dental school organized as a nonprofit corporation that is

under contract with the Texas Higher Education Coordinating Board

to provide educational services under Subchapter D, Chapter 61,

Education Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.791, eff.

Sept. 1, 2001.

Sec. 312.003. AGREEMENT REQUIRED. This chapter applies only if

a medical and dental unit and a supported medical or dental

school agree, either directly or through a coordinating entity,

to provide or cause to be provided medical, dental, or other

patient care or services or to perform or cause to be performed

medical, dental, or clinical education, training, or research

activities in a coordinated or cooperative manner in a public

hospital.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 312.004. CONTRACTS FOR COORDINATION OR COOPERATION. (a)

Medical and dental units, supported medical or dental schools,

coordinating entities, and public 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.

(b) Medical and dental units and supported medical or dental

schools may undertake coordination or cooperation of clinical

education directly or through a coordinating entity.

school, and a coordinating entity may contract with the owner or

operator of a public hospital for the clinical education of

students, interns, residents, and fellows enrolled at the unit or

school.

(d) The contracting parties may determine the terms of and the

consideration for a contract authorized under this section.

(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 hospital.

(f) Coordinated or cooperative activities authorized under this

section may be performed by or on behalf of one or more of the

units, schools, or entities involved.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 312.005. APPROVAL OF CONTRACTS. (a) To be effective, a

contract under Section 312.004 must be submitted to the board.

(b) The commissioner shall review the contract on behalf of the

board. The commissioner shall approve the contract if the

commissioner finds the contract furthers the purposes of this

chapter.

to all parties and a hearing.

(d) The commissioner may not modify a contract.

(e) The contract takes effect:

(1) when it is approved by the commissioner; or

(2) on the 31st day after the date on which the contract is

filed with the board by a medical and dental unit, supported

medical or dental school, or coordinating entity that is a party

to the contract, if the commissioner does not approve or

disapprove the contract within 30 days after the date on which

the contract is filed.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 312.006. LIMITATION ON LIABILITY. (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 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.

(b) The limitation on liability provided by this section applies

regardless of whether the medical and dental unit, supported

medical or dental school, or coordinating entity is a

"governmental unit" as defined by Section 101.001, Civil Practice

and Remedies Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 312.007. INDIVIDUAL LIABILITY. (a) A medical and dental

unit, supported medical or dental school, or coordinating entity

is a state agency, and a director, trustee, officer, intern,

resident, fellow, faculty member, or other associated health care

professional or employee of a medical and dental unit, supported

medical or dental school, or coordinating entity is an employee

of a state agency for purposes of Chapter 104, Civil Practice and

Remedies Code, and for purposes of determining the liability, if

any, of the person for the person's acts or omissions while

engaged in the coordinated or cooperative activities of the unit,

school, or entity.

(b) A judgment in an action or settlement of a claim against a

medical and dental unit, supported medical or dental school, or

coordinating entity under Chapter 101, Civil Practice and

Remedies Code, bars any action involving the same subject matter

by the claimant against a director, trustee, officer, intern,

resident, fellow, faculty member, or other associated health care

professional or employee of the unit, school, or entity whose act

or omission gave rise to the claim as if the person were an

employee of a governmental unit against which the claim was

asserted as provided under Section 101.106, Civil Practice and

Remedies Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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