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.

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