By: Moncrief S.B. No. 662 97S0459/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to the unauthorized practice of chiropractic; providing 1-2 civil 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 attorney general or the Board may institute suit in 1-20 any district court of the county in which a violation of this 1-21 section is alleged to have occurred to require compliance by 1-22 injunctive procedures and to recover a civil penalty not to exceed 1-23 $1,000 for each day that a violation of this section is found to 2-1 have occurred, plus costs of court and reasonable attorney's fees. 2-2 Civil penalties recovered shall be deposited in the general revenue 2-3 fund. Attorney's fees and court costs shall be appropriated to the 2-4 attorney general or 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 SECTION 2. If any provision of this Act or the application 3-8 of this Act to any person is held to be invalid, that invalidity 3-9 does not affect other provisions or applications of this Act that 3-10 can be given effect without the invalid provision or application, 3-11 and for that purpose the provisions of this Act are declared to be 3-12 severable. 3-13 SECTION 3. This Act takes effect September 1, 1997. 3-14 SECTION 4. The importance of this legislation and the 3-15 crowded condition of the calendars in both houses create an 3-16 emergency and an imperative public necessity that the 3-17 constitutional rule requiring bills to be read on three several 3-18 days in each house be suspended, and this rule is hereby suspended.