SRC-CDH S.B. 662 75(R) BILL ANALYSIS Senate Research Center S.B. 662 By: Moncrief Health & Human Services 2-28-97 As Filed DIGEST Currently, the Texas Board of Chiropractic Examiners has encountered problems with chiropractic clinics owned by non-licensed individuals. In clinics owned by non-licensed persons, the nonlicensed person technically has the final decision regarding treatment because the chiropractor is the person's employee. Problems arise when clinic owners fraudulently authorize reports or claims using the chiropractor's name. This legislation requires any person who owns, maintains, or operates a chiropractic office or business to be licensed, in an effort to better protect chiropractic clientele and ensure that only licensed individuals are in a position to make treatment decisions. PURPOSE As proposed, S.B. 662 sets forth regulations regarding the unauthorized practice of chiropractic and provides civil penalties and injunctive relief. 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 Article 4512b, V.T.C.S., by adding Section 5b, as follows: Sec. 5b. Sets forth the terms by which a person is deemed to be practicing chiropractic, is required to be licensed, and is subject to the provisions of this chapter. Provides that a violation of this section constitutes the unauthorized practice of chiropractic. Establishes the conditions by which the attorney general or the Texas Board of Chiropractic Examiners (board) is authorized to institute suit. Provides that nothing in this section shall be construed to prevent certain individuals or entities from employing a licensed chiropractor, provided that such entity or person shall not control or attempt to control the professional judgment of a licensed chiropractor with regard to the diagnosis or treatment of a patient. Provides that nothing in this section shall be construed to prevent a licensed chiropractor from working for such an entity or person, provided that such an entity shall not directly or indirectly control the professional judgment of a chiropractor. Provides that nothing in this section shall be construed to prevent the administrator or executor of the estate of a deceased chiropractor or a person legally authorized to act for a mentally incompetent chiropractor from employing a licensed chiropractor to carry on the practice for a certain period of time, or conclude the affairs of the practice. Provides that nothing in this section shall be construed to prevent a licensed chiropractor from working for such a person for a period of time during the administration of the estate or the period of incapacity. SECTION 2. Severability clause. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause.