LSL H.B. 1149 75(R)    BILL ANALYSIS


PUBLIC HEALTH
H.B. 1149
By: Turner
3-12-97
Committee Report (Amended)

BACKGROUND 

Professional associations in this state are governed by the Texas
Professional Association Act. This law used to be interpreted as allowing
only state licensed medical doctors to own professional associations.  In
1991, H.B. 548 was enacted to also allow podiatrists to form professional
associations. Since passage of that amendment, many professional
associations coowned by podiatrists and doctors of medicine have been
formed and registered with the Secretary of State in Texas. 

In May of 1996, the Texas State Board of Medical Examiners submitted a
"Request for Opinion" to the Attorney General in regards to the Board's
authority, if any, to promulgate rules regulating the co-ownership of
professional associations by doctors of medicine and podiatrists. Although
the opinion is still pending, it is the Board's view that that such
co-ownership may be prohibited by other provisions of the Texas
Professional Association Act. 

PURPOSE

H.B. 1149 clarifies that a professional association may be co-owned by
podiatrists and physicians.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends  Section 2(B), Texas Professional Association Act
(Article 1528f, Vernon's Texas Civil Statutes) by adding subsection (2) to
allow 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 jointly owned associations to perform
services that fall within the scope of those practitioners. Makes
conforming changes. 

SECTION 2.  Emergency clause. Establishes that this Act takes effect upon
passage. 

EXPLANATION OF AMENDMENTS

Amendment #1:

The amendment adds a new subsection (3) to Section 2(B), Texas
Professional Association Act (Article 1528f, Vernon's Texas Civil
Statutes), to provide 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.
The amendment also clarifies the regulatory authority of the Texas State
Board of Medical Examiners and the Texas State Board of Podiatric Medical
Examiners over their respective licenses.