REPORT OF COUNCIL ON LEGISLATION
CL Report 1-A-06
Subject: Update on Policies Due for 2006 Review
Presented by: Austin I King, MD, Chair
Referred to: Reference Committee on Financial and Organizational Affairs
House of Delegates policies included in the association's Policy Compendium are reviewed periodically for relevance and appropriateness. The council's analysis and recommendations for retention and deletion of policy statements are summarized in this report.
170.006 Physician Liability for Acts of Assistants : The Texas Medical Association, through its Council on Legislation, will review the legal risks physicians assume when directing nurses, including advanced nurse practitioners, physician assistants, and other health care workers not in their employ and determine if legislative reform is indicated to limit the liability risks assumed by these delegating physicians (Committee on Liaison with State Bar of Texas, p 86, A-96).
TMA continues to face legislative issues relating to delegation and scope of practice from other health care providers. Physicians will continue to have some level of responsibility for the delegation of health care services to patients.
Recommendation 1 : Retain.
The following policies are recommended for deletion:
55.022 Child Abuse Reporting Suspected Cases : The Texas Medical Association favors and will seek legislation that will provide absolute immunity from civil suit to physicians reporting suspected abuse in accordance with state law and will work to achieve the highest possible level of confidentiality and immunity in good faith reporting of abuse (Substitute Res. 28BB, p 217C, A-96).
Absolute immunity is not politically possible. Current exception is in place for bad faith reporting. Immunity is provided by Family Code §92.00 (family violence) and Family Code §261.106 (children).
105.013 Covenants Not To Compete : The Texas Medical Association, through the Council on Legislation, will develop proposed legislation to address the following specific areas of covenants not to compete: (1) not enforcing such a covenant when a physician employee has been terminated without cause or in bad faith; (2) allowing access to copies of the medical records of all patients under the care of a physician employee in the event of a separation under such a covenant; (3) not terminating the patient/physician relationship by the employer during the treatment of an acute illness; and (4) allowing a physician to a buy out of a covenant not to compete for a reasonable charge as determined by a mutually agreed upon arbitrator (Substitute Res. 29S, p 198-I, I-96).
Legislation has been passed dealing with restricted covenants in Business & Commerce Code §15.50 (b) and TMB Rule, in part, 165.
Recommendation 2 : Delete.
TMA House of Delegates: TexMed 2006