81R15329 NC-D By: Coleman H.B. No. 3469 Substitute the following for H.B. No. 3469: By: Gonzales C.S.H.B. No. 3469 A BILL TO BE ENTITLED AN ACT relating to the authority of a community health center to contract with or employ an optometrist or therapeutic optometrist. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter H, Chapter 351, Occupations Code, is amended by adding Section 351.367 to read as follows: Sec. 351.367. CONTRACT OR EMPLOYMENT WITH COMMUNITY HEALTH CENTERS. (a) In this section, "community health center" means a health organization that: (1) is a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code of 1986; and (2) is organized and operated as: (A) a migrant, community, or homeless health center under the authority of and in compliance with 42 U.S.C. Section 254b or 254c; or (B) a federally qualified health center under 42 U.S.C. Section 1396d(l)(2)(B). (b) The board by rule shall certify a health organization to contract with or employ an optometrist or therapeutic optometrist if the organization: (1) applies for certification on a form approved by the board; and (2) presents proof satisfactory to the board that the organization is a community health center. (c) A community health center that contracts with or employs an optometrist or therapeutic optometrist under this section may not control or attempt to control the professional judgment of the optometrist or therapeutic optometrist. SECTION 2. 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, 2009.