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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of certain professional associations of |
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chiropractors to hire physicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.006(a), Business Organizations |
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Code, is amended to read as follows: |
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(a) Except as provided by Section 301.013, a [A] |
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professional association or foreign professional association may |
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provide a professional service in this state only through owners, |
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managerial officials, employees, or agents, each of whom: |
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(1) is a professional individual; and |
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(2) is licensed in this state to provide the same |
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professional service provided by the entity. |
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SECTION 2. Chapter 301, Business Organizations Code, is |
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amended by adding Section 301.013 to read as follows: |
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Sec. 301.013. EMPLOYMENT OF DOCTOR OF MEDICINE OR |
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OSTEOPATHY BY CERTAIN PROFESSIONAL ASSOCIATIONS. (a) A |
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professional association formed and owned by persons licensed as |
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chiropractors by the Texas Board of Chiropractic Examiners may |
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employ a person licensed by the Texas Medical Board as a doctor of |
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medicine or as a doctor of osteopathy to perform professional |
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services that fall within the scope of practice of the |
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practitioner. |
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(b) If a professional association formed and owned by |
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chiropractors employs a doctor of medicine or a doctor of |
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osteopathy as described by Subsection (a), the authority of each |
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practitioner, both owners and employees, is limited to the |
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practitioner's scope of practice, and a practitioner may not |
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exercise control over another practitioner's clinical authority |
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granted under the practitioner's respective license, either |
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through an agreement, bylaw, directive, financial incentive, or |
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other arrangement that would assert control over a treatment |
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decision made by the practitioner. |
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SECTION 3. Chapter 162, Occupations Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. EMPLOYMENT OF PHYSICIANS BY CERTAIN PROFESSIONAL |
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ASSOCIATIONS |
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Sec. 162.251. PATIENT CARE. A physician employed by a |
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professional association formed and owned by chiropractors in |
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accordance with Section 301.013, Business Organizations Code, |
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shall retain independent medical judgment in providing care to |
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patients. |
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SECTION 4. This Act takes effect September 1, 2013. |