Case Information
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The Attorney General of Texas November 24, 1981 MARK WHITE General Honorable Dan W. Heard Opinion No. NW-393
Supreme Court Bullding Criminal District Attorney P. 0. Box 12546 Calhoun County Courthouse Re: Payment COUllty A&in. TX. 76711 Port Lavaca, Texas 77979 hospital medical staff 5121475.2501 Telex 9101674-1367 treatment Telecomer 512M750266 patients at the hospital Dallas. 2141742-6944 1607 Main St.. Suite TX. 75201 [1400] Dear Mr. Heard: You have requested our opinion on the following question: 4624 Alberta El Paso. TX. 79905 9 1 w.33.3164 Ave.. Suite [160] hospital? hospital Is pay doctors it proper for a county or a county hospital staff the county to
1220 Oallas Ave.. Suite 202 SCamtori provisions governing county hospitals found in V.T.C.S. Houslon, TX. 77002 4470, et. seq. 7131650-0666
General management and control of a county hospital is vested in [606] Broadway. Suite 312 Lubbock. 6061747.5238 TX. 79401 a board of managers under article part, as follows: 4480. V.T.C.S.. which provides,
The board sball also appoint a staff of visiting
43W N. Tenth. Suite B physicians who shall serve without pay from the McAlle”. TX. 76501 county I and who shall visit and treat hospital 512!662-4547 at the request either of the managers or
of the superintendent. 200 Mam Plaza. Suite San Anlonw,. TX. 76205 [400] Said board shall fix salaries 5121225.4191 superintendent all other
employees within limit the appropriation made therefor by the commissioners court. salaries be compensation full for all rendered. statutory scheme 4480 thus contemplates two potential classes of physicians who may be on the medical of a county hospital: who are employees the hospital visiting With regard to the former class, 4480 makes cLe;lr that their salaries art cull compensation for all services
p. 1335 *2 ’ I Ilt,nornbIe Dnn W. Heard - Page 2 .’ ofw-391, rendered, regardless of the financial status of the patients receiving CllC services.
In Attorney General Opinion O-2422 (1940), this office held the board of managers of a county hospital could not allow claims and surgeons for services rendered to charity hospital. This opinion has not been overruled by office or modified by the legislature. We believe it is dispositive of your qucscion.
It has been suggested that the Professional Services Procurement Act. 664-4. V.T.C.S., repeals
V.T.C.S., and requires that a county pay reasonable fees~to doctors on the medical staff. 664-4. V.T.C.S.. provides in pertinent part:
Sec. 2. For purposes this Act the term ‘professional services’ nean those within scope practice accounting. architecture. optometry, medicine or professional engineering as defined by the laws of the State of ‘Texas or those performed licensed JnY architect, optometrist, physi~cian, surgeon, acccuntant or professional ong’ineer connection with his professional employment or practice. No political
sec. 3. state agt?ncy , subdivision, county, municj~pality, district, authority or publicly-owned utility the State of Tcsas shall mtikc any contr:lct for, or cngilge cite services 1 icensed 0i. 3n~ physicinn, optometrist, surgeon, architect, cerl i Tied accountnnc or registered enp i lw*r, or any group or association ch?r.$of, selt!c~tcd u,, basis bids submitted fur such contract or for such services to be performed. but shall select and award such contracts and enenge such scrviccs on the basis of demonstrated competence and qualifications for the type of professional to be performed and fair prices, as long fees consistent with and not higher than the .published recommended practices fees the various applicnble associations do not exreed the maximum provided by any state lav.
llonornhle I)~III W. Ilr:ard - PnRc I (Mu-‘I’)3 t
Contracts entered into in vi~~latio,n oi this statute arc void contrary to public policy. V.T.C.S. art. hb4-4, 54.
In our opinion, the put-pose of this statute was to ensure that competitive bidding statutes would wt be applied to the employment of persons in the enumerated professions. The emergency clause ciearly expresses intent: fact that tile selection
Sec. a. acco”ntants. architects, public optometrists. surgeons engineers on the basis of the lowest bid places a premium on incompetence is
most likely procedure for -selecting the least able or qualified and the most incompetent practitioner the performance of services vi,tally affecting
the health, welfare and safety the public
that, spite repeated expressions excepting such professional
from statutes providing competitive bidding procedures, some public continue to apply bidding procedures to the selection such professional personnel, cr‘eaten an emergency the greatest importance to the health. safety and welfare of the people of Texas and an imperative necessity that
Consritutional Rule that bills be read on three several days in each House bc suspended.
Rule is hereby suspended, and this Act shnil take eii-,tct from ;~nd after its pnssngc. and it is so enacted.
Acts 1971, h.‘nd I.ef., ch. 38, $8, at 72. The c:;;erRt’ncy c Lnusc nay be considered in ascertaining legi~slativc intent .ZXpr~SSed statute. Houston Belt Terminai & Ry. Co. v. Clark, 143 S.W.Zd 373 (Tex. 1940). htG+-4. V.T.C.S.. did not repeal every statute
authorizing the appointment of a physician to a pclblic service position carrying little or no compensation. See. e.g., ?ledical Practices Act, 552.05, 2.06, Acts 1st C.S., ch. 1, §l (qualifications nnd of members of Board tledicnl I:.xamiuers). Section 3 of article bh4-4, V.T.C.S.. clearly states Fees must not “exceed the maximum provided by any state law.” Article 44RO, V.T.C.S., pl-ov:ides that visiting
scrvc withalt p%~y irom the county. ‘l‘tlnl~, the provisions
664-4, V.T.C.S., 2nd article i4t40, v.1‘.c:.s., m;,” hr cvnstrued harwny hrtirlc 664-4, V.T.C.S., prcvtwts puhiic officials from cnRag:i ng tt,t: :,t.ltnl SL~TV ic.vs aw crmkp<‘t i tive hids and *4 Honorable Dan V. Heard - Page 0 (MU-393) compensation
restricts their discretion setting fees. It has no bearing where the has enacted a statute setting or denying for physicians and other professionals.
We conclude the board of managers of a county hospital may not pay physicians treating at the hospital.
SUMMARY 4480. V.T.C.S., prevents a county
from paying doctors
county hospital
the hospital.
,&m General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINlON COMMITTEE
SUSJll II. Cnrrison, Chairman
Jon I!ible
Rick Cilpin
J im Moe 11 inger
firuse Youngblood
p. 133x