By Turner of Harris                                   H.B. No. 1149

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to formation of certain professional associations.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 2(B), Texas Professional Association Act

 1-5     (Article 1528f, Vernon's Texas Civil Statutes), is amended to read

 1-6     as follows:

 1-7           (B)  Licenses.  (1)  Except as provided by Subdivision (2) of

 1-8     this subsection, all [All] members of the association shall be

 1-9     licensed to perform  the type of professional service for which the

1-10     association is formed.

1-11                 (2)  Doctors of medicine and osteopathy licensed by the

1-12     Texas State Board of Medical Examiners and podiatrists licensed by

1-13     the Texas State Board of Podiatric Medical Examiners may form an

1-14     association that is jointly owned by those practitioners to perform

1-15     a professional service that falls within the scope of practice of

1-16     those practitioners.

1-17                 (3)  When doctors of medicine, osteopathy, and podiatry

1-18     form an association that is jointly owned by those practitioners,

1-19     the authority of each of the practitioners is limited by the scope

1-20     of practice of the respective practitioners and none can exercise

1-21     control over the other's clinical authority granted by their

1-22     respective licenses, either through agreements, bylaws, directives,

1-23     financial incentives, or other arrangements that would assert

1-24     control over treatment decisions made by the practitioner.  The

 2-1     Texas State Board of Medical Examiners and the Texas State Board of

 2-2     Podiatric Medical Examiners continue to exercise regulatory

 2-3     authority over their respective licenses.

 2-4           SECTION 2.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended,

 2-9     and that this Act take effect and be in force from and after its

2-10     passage, and it is so enacted.