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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of physicians and physician assistants to |
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form certain entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 22, Business Organizations |
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Code, is amended by adding Section 22.0561 to read as follows: |
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Sec. 22.0561. CORPORATIONS FORMED BY PHYSICIANS AND |
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PHYSICIAN ASSISTANTS. (a) Physicians licensed under Subtitle C, |
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Title 3, Occupations Code, and physician assistants licensed under |
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Chapter 204, Occupations Code, may form a corporation to perform a |
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professional service that falls within the scope of practice of |
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those practitioners and consists of: |
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(1) carrying out research in the public interest in |
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medical science, medical economics, public health, sociology, or a |
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related field; |
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(2) supporting medical education in medical schools |
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through grants or scholarships; |
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(3) developing the capabilities of individuals or |
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institutions studying, teaching, or practicing medicine or acting |
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as a physician assistant; |
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(4) delivering health care to the public; or |
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(5) instructing the public regarding medical science, |
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public health, hygiene, or a related matter. |
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(b) When physicians and physician assistants form a |
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corporation, the authority of each of the practitioners is limited |
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by the scope of practice of the respective practitioners. The |
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organizers of the entity shall ensure that a physician or |
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physicians control and manage the aspects of the entity relating to |
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the practice of medicine. The Texas Medical Board and the Texas |
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Physician Assistant Board continue to exercise regulatory |
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authority over their respective license holders according to |
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applicable law. |
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(c) Nothing in this section may be construed to allow the |
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practice of medicine by someone not licensed as a physician under |
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Subtitle B, Title 3, Occupations Code, or to allow a person not |
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licensed as a physician to direct the activities of a physician in |
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the practice of medicine. |
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(d) A physician assistant or combination of physician |
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assistants may have only a minority ownership interest in an entity |
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created under this section. |
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SECTION 2. Subchapter B, Chapter 152, Business |
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Organizations Code, is amended by adding Section 152.0551 to read |
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as follows: |
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Sec. 152.0551. PARTNERSHIPS FORMED BY PHYSICIANS AND |
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PHYSICIAN ASSISTANTS. (a) Physicians licensed under Subtitle B, |
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Title 3, Occupations Code, and physician assistants licensed under |
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Chapter 204, Occupations Code, may create a partnership to perform |
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a professional service that falls within the scope of practice of |
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those practitioners. |
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(b) When physicians and physician assistants create a |
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partnership, the authority of each of the practitioners is limited |
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by the scope of practice of the respective practitioners. The |
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organizers of the entity shall ensure that a physician or |
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physicians control and manage the aspects of the entity relating to |
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the practice of medicine. |
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(c) Nothing in this section may be construed to allow the |
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practice of medicine by someone not licensed as a physician under |
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Subtitle B, Title 3, Occupations Code, or to allow a person not |
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licensed as a physician to direct the activities of a physician in |
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the practice of medicine. |
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(d) A physician assistant or combination of physician |
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assistants may have only a minority ownership interest in an entity |
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created under this section. |
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(e) The Texas Medical Board and the Texas Physician |
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Assistant Board continue to exercise regulatory authority over |
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their respective license holders according to applicable law. |
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SECTION 3. Section 301.012, Business Organizations Code, is |
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amended by adding Subsections (a-1), (a-2), and (a-3) to read as |
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follows: |
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(a-1) Persons licensed as physicians under Subtitle B, |
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Title 3, Occupations Code, and persons licensed as physician |
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assistants under Chapter 204, Occupations Code, may form and own a |
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professional association or a professional limited liability |
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company to perform professional services that fall within the scope |
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of practice of those practitioners. |
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(a-2) Nothing in this section may be construed to allow the |
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practice of medicine by someone not licensed as a physician under |
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Subtitle B, Title 3, Occupations Code, or to allow a person not |
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licensed as a physician to direct the activities of a physician in |
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the practice of medicine. |
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(a-3) A physician assistant or combination of physician |
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assistants may have only a minority ownership interest in an entity |
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created under this section. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |