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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of professional associations to hire |
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certain health care professionals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.003(5), Business Organizations |
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Code, is amended to read as follows: |
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(5) "Professional individual[,]" [with respect to a
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professional entity,] means: |
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(A) with respect to a professional corporation or |
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professional limited liability company, an individual who is |
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licensed to provide in this state or another jurisdiction the same |
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professional service as is rendered by that professional entity; or |
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(B) with respect to a professional association, |
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an individual who is licensed to provide in this state or another |
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jurisdiction the same professional service that: |
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(i) the individuals who formed and own the |
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professional association are licensed to provide; and |
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(ii) the professional association was |
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formed to provide. |
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SECTION 2. Section 301.006, Business Organizations Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1) |
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and (a-2) to read as follows: |
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(a) Except as provided by Subsection (a-1), 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 that: |
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(A) the individuals who formed and own the |
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professional association are licensed to provide; and |
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(B) the professional association was formed |
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to provide [provided by the entity]. |
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(a-1) A professional association or foreign professional |
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association may employ any of the following practitioners to |
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perform the professional service that the practitioner is licensed |
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in this state to provide, even if that professional service is |
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different from the professional service that the practitioners who |
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formed and own the professional association are licensed to provide |
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and that the professional association was formed to provide: |
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(1) a doctor of medicine; |
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(2) a doctor of osteopathy; |
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(3) a doctor of podiatry; |
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(4) a dentist; |
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(5) a chiropractor; |
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(6) an optometrist; |
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(7) a therapeutic optometrist; |
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(8) a veterinarian; and |
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(9) a licensed mental health professional. |
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(a-2) If a professional association or foreign professional |
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association employs a practitioner listed under Subsection (a-1), |
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the authority of each practitioner who is an owner, managerial |
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official, employee, or agent of the professional association is |
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limited to the practitioner's scope of practice, and a practitioner |
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may not exercise control over another practitioner's clinical |
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authority granted under the practitioner's respective license, |
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either through an agreement, bylaw, directive, financial |
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incentive, or other arrangement that would assert control over a |
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treatment decision made by the practitioner. |
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SECTION 3. Subtitle A, Title 3, Occupations Code, is |
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amended by adding Chapter 117 to read as follows: |
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CHAPTER 117. EMPLOYMENT OF HEALTH CARE PRACTITIONERS BY |
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PROFESSIONAL ASSOCIATIONS |
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Sec. 117.001. PATIENT CARE. A physician, podiatrist, |
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dentist, chiropractor, optometrist, therapeutic optometrist, or |
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licensed mental health professional, as that term is defined by |
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Section 301.003, Business Organizations Code, employed by a |
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professional association in accordance with Section 301.006(a-1), |
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Business Organizations Code, shall retain independent clinical |
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judgment in providing care to patients. |
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SECTION 4. Subchapter H, Chapter 801, Occupations Code, is |
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amended by adding Section 801.367 to read as follows: |
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Sec. 801.367. INDEPENDENT CLINICAL JUDGMENT. A |
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veterinarian employed by a professional association in accordance |
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with Section 301.006(a-1), Business Organizations Code, shall |
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retain independent clinical judgment in providing care to animals. |
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SECTION 5. This Act takes effect September 1, 2015. |