| 1 | 1 | | 81R15329 NC-D |
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| 2 | 2 | | By: Coleman H.B. No. 3469 |
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| 3 | 3 | | Substitute the following for H.B. No. 3469: |
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| 4 | 4 | | By: Gonzales C.S.H.B. No. 3469 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a community health center to contract |
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| 10 | 10 | | with or employ an optometrist or therapeutic optometrist. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter H, Chapter 351, Occupations Code, is |
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| 13 | 13 | | amended by adding Section 351.367 to read as follows: |
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| 14 | 14 | | Sec. 351.367. CONTRACT OR EMPLOYMENT WITH COMMUNITY HEALTH |
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| 15 | 15 | | CENTERS. (a) In this section, "community health center" means a |
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| 16 | 16 | | health organization that: |
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| 17 | 17 | | (1) is a nonprofit corporation under the Texas |
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| 18 | 18 | | Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
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| 19 | 19 | | Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code |
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| 20 | 20 | | of 1986; and |
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| 21 | 21 | | (2) is organized and operated as: |
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| 22 | 22 | | (A) a migrant, community, or homeless health |
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| 23 | 23 | | center under the authority of and in compliance with 42 U.S.C. |
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| 24 | 24 | | Section 254b or 254c; or |
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| 25 | 25 | | (B) a federally qualified health center under 42 |
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| 26 | 26 | | U.S.C. Section 1396d(l)(2)(B). |
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| 27 | 27 | | (b) The board by rule shall certify a health organization to |
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| 28 | 28 | | contract with or employ an optometrist or therapeutic optometrist |
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| 29 | 29 | | if the organization: |
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| 30 | 30 | | (1) applies for certification on a form approved by |
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| 31 | 31 | | the board; and |
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| 32 | 32 | | (2) presents proof satisfactory to the board that the |
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| 33 | 33 | | organization is a community health center. |
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| 34 | 34 | | (c) A community health center that contracts with or employs |
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| 35 | 35 | | an optometrist or therapeutic optometrist under this section may |
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| 36 | 36 | | not control or attempt to control the professional judgment of the |
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| 37 | 37 | | optometrist or therapeutic optometrist. |
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| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2009. |
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