By Jones of Lubbock                                    H.B. No. 959
         76R4332 MXM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the practice of chiropractic.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.   Chapter 94, Acts of the 51st Legislature,
 1-5     Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
 1-6     Statutes), is amended by adding Section 5b to read as follows:
 1-7           Sec. 5b.  PRACTICE BY PERSONS WHO EMPLOY OR SUPERVISE
 1-8     CHIROPRACTORS.  (a)  A person who owns, maintains, or operates an
 1-9     office or place of business in which the person employs, directs,
1-10     supervises, or otherwise controls, regardless of whether under a
1-11     contract, another person for the purpose of practicing chiropractic
1-12     is required to obtain a license under this Act and comply with the
1-13     requirements of this Act.  A person subject to this section is not
1-14     exempt from the license requirements of this Act on the grounds
1-15     that the other person employed, directed, supervised, or otherwise
1-16     controlled by the person is licensed under this Act.
1-17           (b)  A person who violates this section is engaged in the
1-18     practice of chiropractic without a license for the purposes of
1-19     Section 5a of this Act.
1-20           (c)  This section does not require the following persons or
1-21     entities to obtain a license to employ a licensed chiropractor:
1-22                 (1)  a managed care organization;
1-23                 (2)  a professional association formed under the Texas
1-24     Professional Association Act (Article 1528f, Vernon's Texas Civil
 2-1     Statutes);
 2-2                 (3)  a spouse of a chiropractor who inherits the
 2-3     chiropractor's chiropractic facility;
 2-4                 (4)  the administrator or executor of the estate of a
 2-5     chiropractor; or
 2-6                 (5)  a person legally authorized to act for a mentally
 2-7     incompetent chiropractor.
 2-8           (d)  A person to whom Subsection (c)(1), (2), or (3) applies
 2-9     may not directly or indirectly control or attempt to control or
2-10     influence the professional judgment of a licensed chiropractor with
2-11     regard to the diagnosis or treatment of a patient.
2-12           (e)  A licensed chiropractor employed by a person under
2-13     Subsection (c)(4) or (5) may practice chiropractic for a reasonable
2-14     time, as determined by the board, to carry out the practice of the
2-15     deceased or mentally incompetent chiropractor or to otherwise
2-16     conclude the affairs of the practice, including the sale of the
2-17     remaining assets of the practice.
2-18           (f)  A person who is not licensed under this Act, and who
2-19     owns, maintains, or operates a licensed chiropractic facility in
2-20     this state on September 1, 1999, is not required to be licensed
2-21     under this Act to continue to own, maintain, or operate that
2-22     facility, but the person may not own, maintain, or operate an
2-23     additional chiropractic facility after September 1, 1999, without
2-24     holding a license issued under this Act.  For purposes of this
2-25     subsection, the relocation of a chiropractic facility for which a
2-26     person is exempt under this subsection does not cause that facility
2-27     to be considered an additional chiropractic facility.
 3-1           (g)  In an action brought by the board against a person for
 3-2     violating this section, the board is entitled to recover reasonable
 3-3     attorney's fees, in addition to any other relief allowed by law.
 3-4           SECTION 2.  Section 12a, Chapter 94, Acts of the 51st
 3-5     Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
 3-6     Civil Statutes), is amended to read as follows:
 3-7           Sec. 12a.  LICENSING OF CHIROPRACTIC FACILITIES; ADOPTION OF
 3-8     RULES.  (a)  The Board shall adopt rules for the licensing and
 3-9     regulation of owners or operators of chiropractic facilities as
3-10     necessary to protect the public health, safety, and welfare.  A
3-11     rule adopted by the Board under this section must:
3-12                 (1)  specify the licensing requirements for a
3-13     chiropractic facility;
3-14                 (2)  set out the structure of the facility licensing
3-15     program; and
3-16                 (3)  provide that the Board shall issue one facility
3-17     license to an owner of a chiropractic facility for each
3-18     chiropractic facility location [without regard to the number of
3-19     chiropractic facilities] owned by the owner.
3-20           (b)  The Board shall conduct inspections of a chiropractic
3-21     facility as necessary to determine compliance with this Act and
3-22     rules adopted under this Act and to protect the public health,
3-23     safety, and welfare.
3-24           SECTION 3.   This Act takes effect September 1, 1999.
3-25           SECTION 4.  The importance of this legislation and the
3-26     crowded condition of the calendars in both houses create an
3-27     emergency and an imperative public necessity that the
 4-1     constitutional rule requiring bills to be read on three several
 4-2     days in each house be suspended, and this rule is hereby suspended.