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 Section 5.01, Medical Practice Act
         (Article 4495b, Vernon's Texas Civil Statutes).

                       (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.

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