1-1 By: Turner of Harris (Senate Sponsor - Barrientos) H.B. No. 1149
1-2 (In the Senate - Received from the House April 3, 1997;
1-3 April 8, 1997, read first time and referred to Committee on
1-4 Economic Development; April 30, 1997, reported favorably by the
1-5 following vote: Yeas 11, Nays 0; April 30, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to formation of certain professional associations.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 2(B), Texas Professional Association Act
1-11 (Article 1528f, Vernon's Texas Civil Statutes), is amended to read
1-12 as follows:
1-13 (B) Licenses. (1) Except as provided by Subdivision (2) of
1-14 this subsection, all [All] members of the association shall be
1-15 licensed to perform the type of professional service for which the
1-16 association is formed.
1-17 (2) Doctors of medicine and osteopathy licensed by the
1-18 Texas State Board of Medical Examiners and podiatrists licensed by
1-19 the Texas State Board of Podiatric Medical Examiners may form an
1-20 association that is jointly owned by those practitioners to perform
1-21 a professional service that falls within the scope of practice of
1-22 those practitioners.
1-23 (3) When doctors of medicine, osteopathy, and podiatry
1-24 form an association that is jointly owned by those practitioners,
1-25 the authority of each of the practitioners is limited by the scope
1-26 of practice of the respective practitioners and none can exercise
1-27 control over the other's clinical authority granted by their
1-28 respective licenses, either through agreements, bylaws, directives,
1-29 financial incentives, or other arrangements that would assert
1-30 control over treatment decisions made by the practitioner. The
1-31 Texas State Board of Medical Examiners and the Texas State Board of
1-32 Podiatric Medical Examiners continue to exercise regulatory
1-33 authority over their respective licenses.
1-34 SECTION 2. The importance of this legislation and the
1-35 crowded condition of the calendars in both houses create an
1-36 emergency and an imperative public necessity that the
1-37 constitutional rule requiring bills to be read on three several
1-38 days in each house be suspended, and this rule is hereby suspended,
1-39 and that this Act take effect and be in force from and after its
1-40 passage, and it is so enacted.
1-41 * * * * *