85R3235 EES-F
 
  By: Hancock S.B. No. 679
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of chiropractors to form certain business
  entities with certain other professions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.056, Business Organizations Code, is
  amended to read as follows:
         Sec. 22.056.  HEALTH ORGANIZATION CORPORATION. (a) Doctors
  of medicine and osteopathy licensed by the Texas [State Board of]
  Medical Board, [Examiners and] podiatrists licensed by the Texas
  State Board of Podiatric Medical Examiners, and chiropractors
  licensed by the Texas Board of Chiropractic Examiners may form a
  corporation that is jointly owned, managed, and controlled by those
  practitioners to perform a professional service that falls within
  the scope of practice of those practitioners and consists of:
               (1)  carrying out research in the public interest in
  medical science, medical economics, public health, sociology, or a
  related field;
               (2)  supporting medical education in medical schools
  through grants or scholarships;
               (3)  developing the capabilities of individuals or
  institutions studying, teaching, or practicing medicine, including
  podiatric medicine, or chiropractic;
               (4)  delivering health care to the public; or
               (5)  instructing the public regarding medical science,
  public health, hygiene, or a related matter.
         (b)  When doctors of medicine, osteopathy, [and] podiatry,
  and chiropractic form a corporation that is jointly owned by those
  practitioners, the authority of each of the practitioners is
  limited by the scope of practice of the respective practitioners
  and none can exercise control over the other's clinical authority
  granted by their respective licenses, either through agreements,
  the certificate of formation or bylaws of the corporation,
  directives, financial incentives, or other arrangements that would
  assert control over treatment decisions made by the practitioner.
  The Texas [State Board of] Medical Board, [Examiners and] the Texas
  State Board of Podiatric Medical Examiners, and the Texas Board of
  Chiropractic Examiners continue to exercise regulatory authority
  over their respective licenses.
         SECTION 2.  Section 152.055, Business Organizations Code, is
  amended to read as follows:
         Sec. 152.055.  AUTHORITY OF CERTAIN PROFESSIONALS TO CREATE
  PARTNERSHIP. (a) Persons licensed as doctors of medicine and
  persons licensed as doctors of osteopathy by the Texas [State Board
  of] Medical Board, [Examiners and] persons licensed as podiatrists
  by the Texas State Board of Podiatric Medical Examiners, and
  persons licensed as chiropractors by the Texas Board of
  Chiropractic Examiners may create a partnership that is jointly
  owned by those practitioners to perform a professional service that
  falls within the scope of practice of those practitioners.
         (b)  When doctors of medicine, osteopathy, [and] podiatry,
  and chiropractic create a partnership that is jointly owned by
  those practitioners, the authority of each of the practitioners is
  limited by the scope of practice of the respective practitioners
  and none can exercise control over the other's clinical authority
  granted by their respective licenses, either through agreements,
  bylaws, directives, financial incentives, or other arrangements
  that would assert control over treatment decisions made by the
  practitioner.
         (c)  The Texas [State Board of] Medical Board, [Examiners
  and] the Texas State Board of Podiatric Medical Examiners, and the
  Texas Board of Chiropractic Examiners continue to exercise
  regulatory authority over their respective licenses.
         SECTION 3.  Sections 301.012(a) and (f), Business
  Organizations Code, are amended to read as follows:
         (a)  Persons licensed as doctors of medicine and persons
  licensed as doctors of osteopathy by the Texas [State Board of]
  Medical Board, [Examiners and] persons licensed as podiatrists by
  the Texas State Board of Podiatric Medical Examiners, and persons
  licensed as chiropractors by the Texas Board of Chiropractic
  Examiners may jointly form and own a professional association or a
  professional limited liability company to perform professional
  services that fall within the scope of practice of those
  practitioners.
         (f)  When doctors of medicine, osteopathy, [and] podiatry,
  and chiropractic, or doctors of medicine, osteopathy, and optometry
  or therapeutic optometry, or mental health professionals form a
  professional entity as provided by Subsections (a), (b), and (c),
  the authority of each of the practitioners is limited by the scope
  of practice of the respective practitioners and none can exercise
  control over the other's clinical authority granted by their
  respective licenses, either through agreements, bylaws,
  directives, financial incentives, or other arrangements that would
  assert control over treatment decisions made by the practitioner.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.