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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of chiropractors to form certain business |
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entities with certain other professions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.056, Business Organizations Code, is |
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amended to read as follows: |
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Sec. 22.056. HEALTH ORGANIZATION CORPORATION. (a) Doctors |
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of medicine and osteopathy licensed by the Texas [State Board of] |
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Medical Board, [Examiners and] podiatrists licensed by the Texas |
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State Board of Podiatric Medical Examiners, and chiropractors |
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licensed by the Texas Board of Chiropractic Examiners may form a |
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corporation that is jointly owned, managed, and controlled by those |
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practitioners to perform a professional service that falls within |
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the scope of practice of 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, including |
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podiatric medicine, or chiropractic; |
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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 doctors of medicine, osteopathy, [and] podiatry, |
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and chiropractic form a corporation that is jointly owned by those |
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practitioners, the authority of each of the practitioners is |
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limited by the scope of practice of the respective practitioners |
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and none can exercise control over the other's clinical authority |
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granted by their respective licenses, either through agreements, |
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the certificate of formation or bylaws of the corporation, |
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directives, financial incentives, or other arrangements that would |
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assert control over treatment decisions made by the practitioner. |
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The Texas [State Board of] Medical Board, [Examiners and] the Texas |
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State Board of Podiatric Medical Examiners, and the Texas Board of |
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Chiropractic Examiners continue to exercise regulatory authority |
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over their respective licenses. |
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SECTION 2. Section 152.055, Business Organizations Code, is |
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amended to read as follows: |
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Sec. 152.055. AUTHORITY OF CERTAIN PROFESSIONALS TO CREATE |
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PARTNERSHIP. (a) Persons licensed as doctors of medicine and |
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persons licensed as doctors of osteopathy by the Texas [State Board
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of] Medical Board, [Examiners and] persons licensed as podiatrists |
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by the Texas State Board of Podiatric Medical Examiners, and |
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persons licensed as chiropractors by the Texas Board of |
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Chiropractic Examiners may create a partnership that is jointly |
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owned by those practitioners to perform a professional service that |
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falls within the scope of practice of those practitioners. |
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(b) When doctors of medicine, osteopathy, [and] podiatry, |
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and chiropractic create a partnership that is jointly owned by |
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those practitioners, the authority of each of the practitioners is |
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limited by the scope of practice of the respective practitioners |
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and none can exercise control over the other's clinical authority |
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granted by their respective licenses, either through agreements, |
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bylaws, directives, financial incentives, or other arrangements |
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that would assert control over treatment decisions made by the |
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practitioner. |
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(c) The Texas [State Board of] Medical Board, [Examiners
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and] the Texas State Board of Podiatric Medical Examiners, and the |
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Texas Board of Chiropractic Examiners continue to exercise |
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regulatory authority over their respective licenses. |
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SECTION 3. Sections 301.012(a) and (f), Business |
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Organizations Code, are amended to read as follows: |
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(a) Persons licensed as doctors of medicine and persons |
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licensed as doctors of osteopathy by the Texas [State Board of] |
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Medical Board, [Examiners and] persons licensed as podiatrists by |
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the Texas State Board of Podiatric Medical Examiners, and persons |
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licensed as chiropractors by the Texas Board of Chiropractic |
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Examiners may jointly form and own a professional association or a |
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professional limited liability company to perform professional |
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services that fall within the scope of practice of those |
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practitioners. |
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(f) When doctors of medicine, osteopathy, [and] podiatry, |
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and chiropractic, or doctors of medicine, osteopathy, and optometry |
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or therapeutic optometry, or mental health professionals form a |
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professional entity as provided by Subsections (a), (b), and (c), |
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the authority of each of the practitioners is limited by the scope |
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of practice of the respective practitioners and none can exercise |
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control over the other's clinical authority granted by their |
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respective licenses, either through agreements, bylaws, |
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directives, financial incentives, or other arrangements that would |
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assert control over treatment decisions made by the practitioner. |
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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, 2017. |