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.
(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 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.
(c) The commissioner may disapprove a contract only after notice
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.