By Turner of Harris                                   H.B. No. 1149

         75R4325 SKB-F                           

                                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           SECTION 2.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended,

1-22     and that this Act take effect and be in force from and after its

1-23     passage, and it is so enacted.

1-24                          COMMITTEE AMENDMENT NO. 1

 2-1     Please amend H.B. 1149 as follows:

 2-2     On page 1, line 17, insert:

 2-3     new section (3)  When doctors of medicine, osteopathy and podiatry

 2-4     form an association that is jointly owned by those practitioners,

 2-5     the authority of each of the practitioners is limited by the scope

 2-6     of practice of the respective practitioners and none can exercise

 2-7     control over the other's clinical authority granted by their

 2-8     respective licenses, either through agreements, by-laws,

 2-9     directives, financial incentives or other arrangements which would

2-10     assert control over treatment decisions made by the practitioner.

2-11     The State Board of Medical Examiners and the State Board of

2-12     Podiatric Medical Examiners continue to exercise regulatory

2-13     authority over their respective licenses.

2-14                                                                Berlanga