Sec. 1903.003. LOSS CONTROL SERVICES REQUIRED. (a) Before writing professional liability insurance for a hospital in this state, an insurer must maintain or provide loss control facilities that:
(1) provide loss control services reasonably commensurate with the risks, exposures, and experience of the insured's business;
(2) are adequate to provide loss control services required by the nature of the policyholder's operations; and
(3) include surveys, recommendations, training programs, consultations, and analyses of accident causes.
(b) To provide the facilities required by this section, the insurer may:
(1) employ qualified personnel;
(2) retain qualified independent contractors;
(3) contract with the policyholder to provide qualified loss control personnel and services; or
(4) use a combination of methods described by this subsection.
(c) Independent contractors and other personnel described by Subsection (b) must have the qualifications of a field safety representative. A field safety representative must be an individual who:
(1) holds a:
(A) bachelor's degree in science or engineering;
(B) bachelor of arts degree in nursing;
(C) bachelor of science degree in nursing, pharmacy, or physical therapy; or
(D) master's degree in hospital administration;
(2) is a licensed engineer;
(3) is a certified safety professional;
(4) is a certified industrial hygienist;
(5) has at least 10 years' experience in occupational safety and health; or
(6) has completed a course of training in loss control services approved by the department.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Structure Texas Statutes
Title 10 - Property and Casualty Insurance
Subtitle B - Liability Insurance for Physicians and Health Care Providers
Chapter 1903 - Loss Control Information and Services
Subchapter A. Loss Control Services for Professional Liability Insurance for Hospitals
Section 1903.002. Inapplicability of Subchapter