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.