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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. CERTAIN INJUNCTIONS PROHIBITED. A licensing |
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authority created under Title 3 may not institute an action to |
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enjoin a person licensed by another licensing authority created |
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under Title 3 from engaging in certain conduct if that conduct has |
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been determined by the licensing authority that issued the license |
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to be lawful and within the scope of practice authorized by the |
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person's license. |
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Sec. 60.003. COLLABORATION WITH OTHER LICENSEES. In |
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accordance with the provisions of Title 3, a person licensed under a |
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particular chapter of Title 3 is authorized to: |
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(1) collaborate with a person licensed under a |
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different chapter of Title 3 in providing services to a client if |
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each person performs only those services that the person is |
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authorized under state law, rules, or regulations to 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. 60.004. AUTHORITY TO FORM CERTAIN ENTITIES AND |
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ASSOCIATIONS. Any person licensed under Subtitle C, Title 3 of this |
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code, may form a partnership, professional association, or |
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professional limited liability company with persons licensed under |
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Subtitle B, Title 3 of this code according to the procedures |
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established in the Business Organizations Code. |
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Sec. 60.005. BILLING AND REIMBURSEMENT FOR SERVICES. |
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(a) A person licensed under Title 3 may use the same billing codes |
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used by a person licensed under Chapter 453 if the billing codes |
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describe services that the person is authorized to provide under |
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state law, rules, or regulations. |
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(b) An entity that reimburses persons licensed under Title 3 |
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for physical modalities and procedures covered under a health |
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benefit plan may not: |
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(1) deny payment or reimbursement for covered physical |
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modalities and procedures because of the type of license held by the |
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person, if the entity allows payment or reimbursement for the same |
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services provided by a person licensed under a different chapter of |
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Title 3, and the services are performed in strict compliance with |
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state laws, rules, and regulations relating to that person's |
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license; |
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(2) make payment or reimbursement for covered physical |
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modalities and procedures that the person is authorized to provide |
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under state law, rules, or regulations contingent on provision of |
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those services by a person licensed under a different chapter of |
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Title 3; or |
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(3) establish other limitations on the provision of |
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covered physical modalities and procedures by persons licensed |
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under a particular chapter of Title 3 to provide those services that |
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would prohibit a covered person from seeking the provision of |
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covered physical modalities and procedures to an equal extent from |
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any person licensed under Title 3 to provide those services. |
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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. |
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* * * * * |