By: Gallegos S.B. No. 1283
(In the Senate - Filed March 12, 2003; March 19, 2003, read
first time and referred to Committee on Health and Human Services;
April 22, 2003, reported favorably by the following vote: Yeas 7,
Nays 0; April 22, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of chiropractors to form certain business
entities with certain other professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections C and D, Article 2.01, Texas
Non-Profit Corporation Act (Article 1396-2.01, Vernon's Texas
Civil Statutes), are amended to read as follows:
C. Doctors of medicine and osteopathy licensed by the Texas
State Board of Medical Examiners, [and] podiatrists licensed by the
Texas State Board of Podiatric Medical Examiners, and chiropractors
licensed by the Texas Board of Chiropractic Examiners may organize
a non-profit corporation under this Act that is jointly owned,
managed, and controlled by those practitioners to perform a
professional service that falls within the scope of practice of
those practitioners and consists of:
(1) carrying out research in the public interest in
medical science, medical economics, public health, sociology, or a
related field;
(2) supporting medical education in medical schools
through grants or scholarships;
(3) developing the capabilities of individuals or
institutions studying, teaching, or practicing medicine, including
podiatric medicine;
(4) delivering health care to the public; or
(5) instructing the public regarding medical science,
public health, hygiene, or a related matter.
D. When doctors of medicine, osteopathy, [and] podiatry,
and chiropractic organize a non-profit corporation that is jointly
owned by those practitioners, the authority of each of the
practitioners is limited by the scope of practice of the respective
practitioners and none can exercise control over the other's
clinical authority granted by their respective licenses, either
through agreements, articles of incorporation, bylaws, directives,
financial incentives, or other arrangements that would assert
control over treatment decisions made by the practitioner. The
Texas State Board of Medical Examiners, [and] the Texas State Board
of Podiatric Medical Examiners, and the Texas Board of Chiropractic
Examiners continue to exercise regulatory authority over their
respective licenses.
SECTION 2. Subsection (B), Section 2, Texas Professional
Association Act (Article 1528f, Vernon's Texas Civil Statutes), is
amended to read as follows:
(B) Licenses. (1) Except as provided by this subsection,
all members of the association shall be licensed to perform the type
of professional service for which the association is formed.
(2) Doctors of medicine and osteopathy licensed by the
Texas State Board of Medical Examiners, [and] podiatrists licensed
by the Texas State Board of Podiatric Medical Examiners, and
chiropractors licensed by the Texas Board of Chiropractic Examiners
may form an association that is jointly owned by those
practitioners to perform a professional service that falls within
the scope of practice of those practitioners.
(3) Professionals, other than physicians, engaged in
related mental health fields such as psychology, clinical social
work, licensed professional counseling, and licensed marriage and
family therapy may form an association that is jointly owned by
those practitioners to perform professional services that fall
within the scope of practice of those practitioners.
(4) When doctors of medicine, osteopathy, [and]
podiatry, and chiropractic, or mental health professionals form an
association that is jointly owned by those practitioners, the
authority of each of the practitioners is limited by the scope of
practice of the respective practitioners and none can exercise
control over the other's clinical authority granted by their
respective licenses, either through agreements, bylaws,
directives, financial incentives, or other arrangements that would
assert control over treatment decisions made by the practitioner.
The state agencies exercising regulatory control over professions
to which this subdivision applies continue to exercise regulatory
authority over their respective licenses.
SECTION 3. Subsection (3), Section A, Article 11.01, Texas
Limited Liability Company Act (Article 1528n, Vernon's Texas Civil
Statutes), is amended to read as follows:
(3) Doctors of medicine and osteopathy licensed by the
Texas State Board of Medical Examiners, [and] podiatrists licensed
by the Texas State Board of Podiatric Medical Examiners, and
chiropractors licensed by the Texas Board of Chiropractic Examiners
may organize a professional limited liability company that is
jointly owned by those practitioners to perform a professional
service that falls within the scope of practice of those
practitioners. When doctors of medicine, osteopathy, [and]
podiatry, and chiropractic organize a professional limited
liability company that is jointly owned by those practitioners, the
authority of each of the practitioners is limited by the scope of
practice of the respective practitioners and none can exercise
control over the other's clinical authority granted by their
respective licenses, either through agreements, bylaws,
directives, financial incentives, or other arrangements that would
assert control over treatment decisions made by the practitioner.
The Texas State Board of Medical Examiners, [and] the Texas State
Board of Podiatric Medical Examiners, and the Texas Board of
Chiropractic Examiners continue to exercise regulatory authority
over their respective licenses.
SECTION 4. Subsection (e), Section 2.02, Texas Revised
Partnership Act (Article 6132b-2.02, Vernon's Texas Civil
Statutes), is amended to read as follows:
(e) Authority of Doctors of Medicine, [and] Osteopathy, and
Chiropractic and Podiatrists to Create Partnership. Doctors of
medicine and osteopathy licensed by the Texas State Board of
Medical Examiners, [and] podiatrists licensed by the Texas State
Board of Podiatric Medical Examiners, and chiropractors licensed by
the Texas Board of Chiropractic Examiners may create a partnership
that is jointly owned by those practitioners to perform a
professional service that falls within the scope of practice of
those practitioners. When doctors of medicine, osteopathy, [and]
podiatry, and chiropractic create a partnership that is jointly
owned by those practitioners, the authority of each of the
practitioners is limited by the scope of practice of the respective
practitioners and none can exercise control over the other's
clinical authority granted by their respective licenses, either
through agreements, bylaws, directives, financial incentives, or
other arrangements that would assert control over treatment
decisions made by the practitioner. The Texas State Board of
Medical Examiners, [and] the Texas State Board of Podiatric Medical
Examiners, and the Texas Board of Chiropractic Examiners continue
to exercise regulatory authority over their respective licenses.
SECTION 5. This Act takes effect September 1, 2003.
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