By: Chisum H.B. No. 3441

A BILL TO BE ENTITLED

AN ACT

relating to the practice of professions regulated under the Occupations Code.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 2, Occupations Code, is amended by adding Chapter 60 to read as follows:

CHAPTER 60. ABILITY TO PRACTICE PROFESSION

Sec. 60.001. PURPOSE. The purpose of this chapter is to ensure that a person licensed under this code may practice the person's profession to the full extent authorized by law in accordance with the person's education, training, and licensing.

Sec. 60.002. CERTAIN INJUNCTIONS PROHIBITED. A licensing authority created under Title 3 may not institute an action to enjoin a person licensed by another licensing authority created under Title 3 from engaging in certain conduct if that conduct has been determined by the licensing authority that issued the license to be lawful and within the scope of practice authorized by the person's license.

Sec. 60.003. COLLABORATION WITH OTHER LICENSEES. In accordance with the provisions of Title 3, a person licensed under a particular chapter of Title 3 is authorized to:

(1) collaborate with a person licensed under a different chapter of Title 3 in providing services to a client if each person performs only those services that the person is authorized under state law, rules, or regulations to perform; or

(2) use objective or subjective means to analyze, examine, evaluate, or otherwise determine the needs of the person's client for the purpose of:

(A) providing services to the client that the person is authorized under state laws, rules, or regulations to provide; or

(B) referring the client to an appropriate person licensed under Title 3 for the provision of services needed by the client.

Sec. 60.004. AUTHORITY TO FORM CERTAIN ENTITIES AND ASSOCIATIONS. Any person licensed under a chapter of Title 3 may form a partnership, professional association, or professional limited liability company with persons licensed under other chapters of Title 3 according to the procedures established in the Business Organizations Code.

Sec. 60.005. BILLING AND REIMBURSEMENT FOR SERVICES. (a) A person licensed under Title 3 may use the same billing codes used by another person licensed under Title 3 if the billing codes describe services that the person is authorized under state law, rules, or regulations to provide.

(b) An entity that reimburses persons licensed under Title 3 for services performed under a contractual agreement may not:

(1) deny payment or reimbursement for the services because of the type of license held by the person, if the entity allows payment or reimbursement under the contractual agreement for the same services provided by a person licensed under a different chapter of Title 3;

(2) make payment or reimbursement under the contractual agreement for particular services that the person is authorized to provide under state law, rules, or regulations contingent on provision of those services by a person licensed under a different chapter of Title 3; or

(3) establish other limitations on the provision of services by persons licensed under a particular chapter of Title 3 to provide services covered under the contractual agreement that would prohibit a client from seeking the provision of services to an equal extent from any person licensed under Title 3 to provide those services.

Sec. 60.006. RULES. A licensing authority created under Title 3 may adopt rules necessary to enforce this chapter, with regard to persons licensed by the licensing authority.

SECTION 2. This Act takes effect September 1, 2011.