S.B. No. 2509 amends Section 162.0022(a) of the Occupations Code to establish guidelines regarding vicarious liability for health organizations in Texas. The bill mandates that health organizations certified under Section 162.001(b) must adopt, maintain, and enforce policies ensuring that their employed physicians exercise independent medical judgment when providing patient care. Importantly, the bill introduces new legal language stating that a health organization that complies with these requirements will not be held vicariously liable for medical care provided by an employed physician, provided that the organization does not interfere with or direct the physician's independent medical judgment.
The bill emphasizes the importance of maintaining the independence of medical professionals within health organizations, thereby protecting these organizations from liability in cases where they uphold the stipulated policies. The act is set to take effect immediately upon receiving a two-thirds vote from both houses of the legislature; otherwise, it will take effect on September 1, 2025.
Statutes affected: Introduced: Occupations Code 162.0022 (Occupations Code 162)