1. (a) Before writing professional liability insurance for a hospital in this state, an insurer must maintain or provide loss control facilities that:

   1. (1) provide loss control services reasonably commensurate with the risks, exposures, and experience of the insured's business;
   2. (2) are adequate to provide loss control services required by the nature of the policyholder's operations; and
   3. (3) include surveys, recommendations, training programs, consultations, and analyses of accident causes.

2. (b) To provide the facilities required by this section, the insurer may:

   1. (1) employ qualified personnel;
   2. (2) retain qualified independent contractors;
   3. (3) contract with the policyholder to provide qualified loss control personnel and services; or
   4. (4) use a combination of methods described by this subsection.

3. (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. (1) holds a:

      1. (A) bachelor's degree in science or engineering;
      2. (B) bachelor of arts degree in nursing;
      3. (C) bachelor of science degree in nursing, pharmacy, or physical therapy; or
      4. (D) master's degree in hospital administration;
   2. (2) is a licensed engineer;
   3. (3) is a certified safety professional;
   4. (4) is a certified industrial hygienist;
   5. (5) has at least 10 years' experience in occupational safety and health; or
   6. (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.