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.