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.