SRC-JFA H.B. 1149 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1149
By: Turner, Sylvester (Barrientos)
Economic Development
4-27-97
Engrossed


DIGEST 

Currently, the Texas Professional Association Act authorizes licensed
podiatrists and doctors of medicine to form professional associations.
The statute has been interpreted by some to mean that professional
associations co-owned by licensed podiatrists and doctors of medicine may
be prohibited by other provisions of the Act.  This bill would clarify
that licensed podiatrists and licensed doctors of medicine and osteopathy
may form professional associations. 

PURPOSE

As proposed, H.B. 1149 authorizes licensed podiatrists and licensed
doctors of medicine and osteopathy to form professional associations that
are jointly owned by those practitioners.    

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2(B), Article 1528f, V.T.C.S. (Texas
Professional Association Act), to require all members of an association to
be licensed to perform the type of professional service for which the
association is formed, except as provided by Subdivision (2).  Authorizes
doctors of medicine and osteopathy licensed by the Texas State Board of
Medical Examiners and podiatrists licensed by the Texas State Board of
Podiatric Medical Examiners to form an association that is jointly owned
by those practitioners to perform a professional service that falls within
the scope of practice of those practitioners.  Provides that when doctors
of medicine, osteopathy, and podiatry form an association that is jointly
owned by those practitioners, the authority of each of the practitioners
is limited by the scope of practice of the respective practitioners and
none can exercise control over the other's clinical authority granted by
their respective licenses, either through agreements, bylaws, directives,
financial incentives, or other arrangements that would assert control over
treatment decisions made by the practitioner.  Provides that the Texas
State Board of Medical Examiners and the Texas State Board of Podiatric
Examiners continue to exercise regulatory authority over their respective
licenses.  

SECTION 2. Emergency clause.
  Effective date: upon passage.