1-1 By: Moncrief S.B. No. 662
1-2 (In the Senate - Filed February 19, 1997; February 24, 1997,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 24, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 10, Nays 0; March 24, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-7 Amend S.B. No. 662 as follows:
1-8 (1) Add a new Subsection (f) in SECTION 1 to read as
1-9 follows:
1-10 (f) A nonlicensed person who owns, maintains, or operates a
1-11 chiropractic facility in this state on September 1, 1997, and whose
1-12 chiropractic facility is licensed pursuant to this Act on the
1-13 effective date of this section shall not be required to be licensed
1-14 to practice chiropractic under this Act, but shall not be permitted
1-15 to own, maintain, or operate any additional chiropractic facilities
1-16 after September 1, 1997; provided, however, that nothing in this
1-17 section shall be construed to prevent the relocation of an existing
1-18 chiropractic facility.
1-19 (2) Insert the following as SECTION 2, and renumber the
1-20 remaining sections accordingly:
1-21 SECTION 2. Section 12a, Chapter 94, Acts of the 51st
1-22 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-23 Civil Statutes), is amended to read as follows:
1-24 Sec. 12a. (a) The Board shall adopt rules for the licensing
1-25 and regulation of owners or operators of chiropractic facilities as
1-26 necessary to protect the public health, safety, and welfare. A
1-27 rule adopted by the Board under this section must:
1-28 (1) specify the licensing requirements for a
1-29 chiropractic facility;
1-30 (2) set out the structure of the facility licensing
1-31 program; and
1-32 (3) provide that the Board shall issue one facility
1-33 license to an owner of a chiropractic facility for each
1-34 chiropractic facility location [without regard to the number of
1-35 chiropractic facilities] owned by the owner.
1-36 (b) The Board shall conduct compliance visits of
1-37 chiropractic facilities as necessary to protect the public health,
1-38 safety, and welfare.
1-39 (c) The penalty provisions in Sections 14a and 14e of this
1-40 Act shall apply to the owners of chiropractic facilities licensed
1-41 under this section.
1-42 COMMITTEE AMENDMENT NO. 2 By: Harris
1-43 Amend S.B. No. 662 on page 2, line 4, after the word "The", by
1-44 deleting the words "attorney general or the".
1-45 A BILL TO BE ENTITLED
1-46 AN ACT
1-47 relating to the unauthorized practice of chiropractic; providing
1-48 civil penalties and injunctive relief.
1-49 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-50 SECTION 1. Chapter 94, Acts of the 51st Legislature, Regular
1-51 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
1-52 amended by adding Section 5b to read as follows:
1-53 Sec. 5b. (a) Any person who owns, maintains, or operates
1-54 any office or place of business where the person employs, directs,
1-55 supervises, or otherwise controls, under any kind of contract
1-56 whatsoever, any other person for the purpose of practicing
1-57 chiropractic as defined in this Act is deemed to be practicing
1-58 chiropractic, is required to be duly licensed to practice
1-59 chiropractic under this Act, and is subject to all of the
1-60 provisions of this chapter, even though the person so employed,
1-61 directed, supervised, or otherwise controlled is duly licensed to
1-62 practice chiropractic under this Act.
1-63 (b) A violation of this section constitutes the unauthorized
1-64 practice of chiropractic.
2-1 (c) The attorney general or the Board may institute suit in
2-2 any district court of the county in which a violation of this
2-3 section is alleged to have occurred to require compliance by
2-4 injunctive procedures and to recover a civil penalty not to exceed
2-5 $1,000 for each day that a violation of this section is found to
2-6 have occurred, plus costs of court and reasonable attorney's fees.
2-7 Civil penalties recovered shall be deposited in the general revenue
2-8 fund. Attorney's fees and court costs shall be appropriated to the
2-9 attorney general or the Board, as appropriate.
2-10 (d) Nothing in this section shall be construed to prevent a
2-11 managed care organization, a professional association formed
2-12 pursuant to the Texas Professional Association Act (Article 1528f,
2-13 Vernon's Texas Civil Statutes), or the spouse of a deceased
2-14 chiropractor who inherits a chiropractic facility from employing a
2-15 licensed chiropractor, provided that such entity or person shall
2-16 not directly or indirectly control or attempt to control or
2-17 otherwise influence the professional judgment of a licensed
2-18 chiropractor with regard to the diagnosis or treatment of a
2-19 patient. In addition, nothing in this section shall be construed
2-20 to prevent a licensed chiropractor from working for such an entity
2-21 or person, provided that such entity or person shall not directly
2-22 or indirectly control or attempt to control or otherwise influence
2-23 the professional judgment of a licensed chiropractor with regard to
2-24 the diagnosis or treatment of a patient.
2-25 (e) Nothing in this section shall be construed to prevent
2-26 the administrator or executor of the estate of a deceased
2-27 chiropractor or a person legally authorized to act for a mentally
2-28 incompetent chiropractor from employing a licensed chiropractor to
2-29 carry on the practice of the deceased or mentally incompetent
2-30 chiropractor for a reasonable period of time, as determined by the
2-31 Board, or otherwise concluding the affairs of the practice,
2-32 including the sale of any remaining assets. In addition, nothing
2-33 in this section shall be construed to prevent a licensed
2-34 chiropractor from working for such person for the period of time
2-35 during the administration of the estate or the period of
2-36 incapacity.
2-37 SECTION 2. If any provision of this Act or the application
2-38 of this Act to any person is held to be invalid, that invalidity
2-39 does not affect other provisions or applications of this Act that
2-40 can be given effect without the invalid provision or application,
2-41 and for that purpose the provisions of this Act are declared to be
2-42 severable.
2-43 SECTION 3. This Act takes effect September 1, 1997.
2-44 SECTION 4. The importance of this legislation and the
2-45 crowded condition of the calendars in both houses create an
2-46 emergency and an imperative public necessity that the
2-47 constitutional rule requiring bills to be read on three several
2-48 days in each house be suspended, and this rule is hereby suspended.
2-49 * * * * *