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.