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A BILL TO BE ENTITLED
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AN ACT
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relating to the practice of certain professions regulated under the |
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Occupations Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Occupations Code, is amended by adding |
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Chapter 60 to read as follows: |
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CHAPTER 60. ABILITY TO PRACTICE PROFESSION |
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Sec. 60.001. PURPOSE. The purpose of this chapter is to |
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ensure that a person licensed under Title 3 may practice the |
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person's profession to the full extent authorized by law in |
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accordance with the person's education, training, and licensing. |
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Sec. 60.002. COLLABORATION BETWEEN PHYSICIANS AND |
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CHIROPRACTORS. A person licensed under Subtitle B, Title 3, and a |
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person licensed under Chapter 201 are authorized to: |
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(1) collaborate with each other in providing services |
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to a client if each person performs only those services that the |
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person is authorized under state law, rules, or regulations to |
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perform; or |
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(2) use objective or subjective means to analyze, |
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examine, evaluate, or otherwise determine the condition of the |
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person's client for the purpose of: |
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(A) providing services to the client that the |
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person is authorized under state laws, rules, or regulations to |
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provide; or |
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(B) referring the client to an appropriate person |
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licensed under Title 3 for the provision of services needed by the |
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client. |
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Sec. 60.003. AUTHORITY TO FORM CERTAIN ENTITIES AND |
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ASSOCIATIONS. (a) A person licensed under Subtitle B, Title 3, |
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and a person licensed under Chapter 201 may form a partnership, |
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professional association, or professional limited liability |
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company according to the requirements of this section and any other |
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applicable law. |
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(b) When persons licensed under Chapter 201 form a |
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professional entity with persons licensed under Subtitle B, Title |
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3, as provided by this section, the authority of each practitioner |
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is limited by that practitioner's scope of practice, and a |
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practitioner may not exercise control over another practitioner's |
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clinical authority granted by the other practitioner's license, |
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either through agreements, bylaws, directives, financial |
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incentives, or other arrangements that would assert control over |
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treatment decisions made by the practitioner. |
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(c) The state agencies exercising regulatory control over |
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professions to which this section applies continue to exercise |
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regulatory authority over their respective licenses. |
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(d) A person licensed under Subtitle B, Title 3, who forms a |
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professional entity under this section shall report the formation |
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of the entity and any material change in agreements, bylaws, |
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directives, financial incentives, or other arrangements related to |
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the operation of the entity to the Texas Medical Board no later than |
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the 30th day after the entity is formed or the material change is |
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made. |
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Sec. 60.004. BILLING AND REIMBURSEMENT FOR SERVICES. |
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(a) A person licensed under Chapter 201 may use the same billing |
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codes used by a person licensed under Chapter 453 if the billing |
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codes describe services that the person is authorized to provide |
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under state law, rules, or regulations. |
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(b) If physical modalities and procedures are covered |
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services under a health benefit plan and within the scope of the |
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license of a chiropractor and one or more other type of |
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practitioner, a health benefit plan issuer may not: |
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(1) deny payment or reimbursement for physical |
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modalities and procedures provided by a chiropractor if: |
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(A) the chiropractor provides the modalities and |
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procedures in strict compliance with laws and rules relating to a |
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chiropractor's license; and |
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(B) the health benefit plan issuer allows payment |
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or reimbursement for the same physical modalities and procedures |
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performed by another type of practitioner; |
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(2) make payment or reimbursement for particular |
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covered physical modalities and procedures within the scope of a |
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chiropractor's practice contingent on treatment or examination by a |
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practitioner that is not a chiropractor; or |
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(3) establish other limitations on the provision of |
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covered physical modalities and procedures that would prohibit a |
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covered person from seeking the covered physical modalities and |
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procedures from a chiropractor to the same extent that the covered |
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person may obtain covered physical modalities and procedures from |
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another type of practitioner. |
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(c) Nothing in this section requires an entity to cover |
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particular services or affects the ability of an entity to |
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determine whether specific procedures for which payment or |
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reimbursement is requested are medically necessary. |
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(d) This section does not apply to workers' compensation |
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insurance coverage as defined by Section 401.011, Labor Code, or a |
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self-insured employee welfare benefit plan subject to the Employee |
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Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et |
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seq.). |
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SECTION 2. This Act takes effect September 1, 2011. |