Loss Control Services Required

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.