By Carter H.B. No. 1435 75R4923 JMM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of the practice of chiropractic. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 94, Acts of the 51st Legislature, Regular 1-5 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is 1-6 amended by adding Section 5b to read as follows: 1-7 Sec. 5b. PRACTICE BY PERSONS WHO EMPLOY OR SUPERVISE 1-8 CHIROPRACTORS. (a) A person who owns, maintains, or operates an 1-9 office or place of business in which the person employs, directs, 1-10 supervises, or otherwise controls, regardless of whether under a 1-11 contract, another person for the purpose of practicing chiropractic 1-12 is required to obtain a license under this Act and comply with the 1-13 requirements of this Act. A person subject to this section is not 1-14 exempt from the license requirements of this Act on the grounds 1-15 that the other person employed, directed, supervised, or otherwise 1-16 controlled by the person is licensed under this Act. 1-17 (b) A person who violates this section is engaged in the 1-18 practice of chiropractic without a license for the purposes of 1-19 Section 5a of this Act. 1-20 (c) This section does not require the following persons or 1-21 entities to obtain a license to employ a licensed chiropractor: 1-22 (1) a managed care organization; 1-23 (2) a professional association formed under the Texas 1-24 Professional Association Act (Article 1528f, Vernon's Texas Civil 2-1 Statutes); 2-2 (3) a spouse of a chiropractor who inherits the 2-3 chiropractor's chiropractic facility; 2-4 (4) the administrator or executor of the estate of a 2-5 chiropractor to the extent provided by Subsection (d) of this 2-6 section; or 2-7 (5) a person legally authorized to act for a 2-8 chiropractor who is mentally incompetent to the extent provided by 2-9 Subsection (d) of this section. 2-10 (d) A licensed chiropractor employed by a person under 2-11 Subsections (c)(4) or (5) may practice chiropractic for a 2-12 reasonable time, as determined by the board, to carry out the 2-13 practice of the deceased or mentally incompetent chiropractor or to 2-14 otherwise conclude the affairs of the practice, including the sale 2-15 of the remaining assets of the practice. 2-16 SECTION 2. This Act takes effect September 1, 1997. 2-17 SECTION 3. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended.