By: Moncrief S.B. No. 662
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the unauthorized practice of chiropractic; providing
1-2 civil and administrative penalties and injunctive relief.
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. (a) Any person who owns, maintains, or operates
1-8 any office or place of business where the person employs, directs,
1-9 supervises, or otherwise controls, under any kind of contract
1-10 whatsoever, any other person for the purpose of practicing
1-11 chiropractic as defined in this Act is deemed to be practicing
1-12 chiropractic, is required to be duly licensed to practice
1-13 chiropractic under this Act, and is subject to all of the
1-14 provisions of this chapter, even though the person so employed,
1-15 directed, supervised, or otherwise controlled is duly licensed to
1-16 practice chiropractic under this Act.
1-17 (b) A violation of this section constitutes the unauthorized
1-18 practice of chiropractic.
1-19 (c) The Board may institute suit in any district court of
1-20 the county in which a violation of this section is alleged to have
1-21 occurred to require compliance by injunctive procedures and to
1-22 recover a civil penalty not to exceed $1,000 for each day that a
1-23 violation of this section is found to have occurred, plus costs of
2-1 court and reasonable attorney's fees. Civil penalties recovered
2-2 shall be deposited in the general revenue fund. Attorney's fees
2-3 and court costs shall be appropriated to the attorney general or
2-4 the Board, as appropriate.
2-5 (d) Nothing in this section shall be construed to prevent a
2-6 managed care organization, a professional association formed
2-7 pursuant to the Texas Professional Association Act (Article 1528f,
2-8 Vernon's Texas Civil Statutes), or the spouse of a deceased
2-9 chiropractor who inherits a chiropractic facility from employing a
2-10 licensed chiropractor, provided that such entity or person shall
2-11 not directly or indirectly control or attempt to control or
2-12 otherwise influence the professional judgment of a licensed
2-13 chiropractor with regard to the diagnosis or treatment of a
2-14 patient. In addition, nothing in this section shall be construed
2-15 to prevent a licensed chiropractor from working for such an entity
2-16 or person, provided that such entity or person shall not directly
2-17 or indirectly control or attempt to control or otherwise influence
2-18 the professional judgment of a licensed chiropractor with regard to
2-19 the diagnosis or treatment of a patient.
2-20 (e) Nothing in this section shall be construed to prevent
2-21 the administrator or executor of the estate of a deceased
2-22 chiropractor or a person legally authorized to act for a mentally
2-23 incompetent chiropractor from employing a licensed chiropractor to
2-24 carry on the practice of the deceased or mentally incompetent
2-25 chiropractor for a reasonable period of time, as determined by the
3-1 Board, or otherwise concluding the affairs of the practice,
3-2 including the sale of any remaining assets. In addition, nothing
3-3 in this section shall be construed to prevent a licensed
3-4 chiropractor from working for such person for the period of time
3-5 during the administration of the estate or the period of
3-6 incapacity.
3-7 (f) A nonlicensed person who owns, maintains, or operates a
3-8 chiropractic facility in this state on September 1, 1997, and whose
3-9 chiropractic facility is licensed pursuant to this Act on the
3-10 effective date of this section shall not be required to be licensed
3-11 to practice chiropractic under this Act, but shall not be permitted
3-12 to own, maintain, or operate any additional chiropractic facilities
3-13 after September 1, 1997; provided, however, that nothing in this
3-14 section shall be construed to prevent the relocation of an existing
3-15 chiropractic facility.
3-16 SECTION 2. Section 12a, Chapter 94, Acts of the 51st
3-17 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
3-18 Civil Statutes), is amended to read as follows:
3-19 Sec. 12a. (a) The Board shall adopt rules for the licensing
3-20 and regulation of owners or operators of chiropractic facilities as
3-21 necessary to protect the public health, safety, and welfare. A
3-22 rule adopted by the Board under this section must:
3-23 (1) specify the licensing requirements for a
3-24 chiropractic facility;
3-25 (2) set out the structure of the facility licensing
4-1 program; and
4-2 (3) provide that the Board shall issue one facility
4-3 license to an owner of a chiropractic facility for each
4-4 chiropractic facility location [without regard to the number of
4-5 chiropractic facilities] owned by the owner.
4-6 (b) The Board shall conduct compliance visits of
4-7 chiropractic facilities as necessary to protect the public health,
4-8 safety, and welfare.
4-9 (c) The penalty provisions in Sections 14a and 14e of this
4-10 Act shall apply to the owners of chiropractic facilities licensed
4-11 under this section.
4-12 SECTION 3. If any provision of this Act or the application
4-13 of this Act to any person is held to be invalid, that invalidity
4-14 does not affect other provisions or applications of this Act that
4-15 can be given effect without the invalid provision or application,
4-16 and for that purpose the provisions of this Act are declared to be
4-17 severable.
4-18 SECTION 4. This Act takes effect September 1, 1997.
4-19 SECTION 5. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.