Texas 2011 - 82nd Regular

Texas House Bill HB2098 Compare Versions

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1	1	By: J. Davis of Harris (Senate Sponsor - Uresti) H.B. No. 2098
2	2	(In the Senate - Received from the House May 11, 2011;
3	3	May 12, 2011, read first time and referred to Committee on State
4	4	Affairs; May 21, 2011, reported favorably by the following vote:
5	5	Yeas 6, Nays 2; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the authority of physicians and physician assistants to
11	11	form certain entities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 22, Business Organizations
14	14	Code, is amended by adding Section 22.0561 to read as follows:
15	15	Sec. 22.0561. CORPORATIONS FORMED BY PHYSICIANS AND
16	16	PHYSICIAN ASSISTANTS. (a) Physicians licensed under Subtitle B,
17	17	Title 3, Occupations Code, and physician assistants licensed under
18	18	Chapter 204, Occupations Code, may form a corporation to perform a
19	19	professional service that falls within the scope of practice of
20	20	those practitioners and consists of:
21	21	(1) carrying out research in the public interest in
22	22	medical science, medical economics, public health, sociology, or a
23	23	related field;
24	24	(2) supporting medical education in medical schools
25	25	through grants or scholarships;
26	26	(3) developing the capabilities of individuals or
27	27	institutions studying, teaching, or practicing medicine or acting
28	28	as a physician assistant;
29	29	(4) delivering health care to the public; or
30	30	(5) instructing the public regarding medical science,
31	31	public health, hygiene, or a related matter.
32	32	(b) A physician assistant may not be an officer of the
33	33	corporation.
34	34	(c) A physician assistant may not contract with or employ a
35	35	physician to be a supervising physician of the physician assistant
36	36	or of any physician in the corporation.
37	37	(d) The authority of each practitioner is limited by the
38	38	scope of practice of the respective practitioner. An organizer of
39	39	the entity must be a physician and ensure that a physician or
40	40	physicians control and manage the entity.
41	41	(e) Nothing in this section may be construed to allow the
42	42	practice of medicine by someone not licensed as a physician under
43	43	Subtitle B, Title 3, Occupations Code, or to allow a person not
44	44	licensed as a physician to direct the activities of a physician in
45	45	the practice of medicine.
46	46	(f) A physician assistant or combination of physician
47	47	assistants may have only a minority ownership interest in an entity
48	48	created under this section. The ownership interest of an
49	49	individual physician assistant may not equal or exceed the
50	50	ownership interest of any individual physician owner. A physician
51	51	assistant or combination of physician assistants may not interfere
52	52	with the practice of medicine by a physician owner or the
53	53	supervision of physician assistants by a physician owner.
54	54	(g) The Texas Medical Board and the Texas Physician
55	55	Assistant Board continue to exercise regulatory authority over
56	56	their respective license holders according to applicable law. To
57	57	the extent of a conflict between Subtitle B, Title 3, Occupations
58	58	Code, and Chapter 204, Occupations Code, or any rules adopted under
59	59	those statutes, Subtitle B, Title 3, or a rule adopted under that
60	60	subtitle controls.
61	61	SECTION 2. Subchapter B, Chapter 152, Business
62	62	Organizations Code, is amended by adding Section 152.0551 to read
63	63	as follows:
64	64	Sec. 152.0551. PARTNERSHIPS FORMED BY PHYSICIANS AND
65	65	PHYSICIAN ASSISTANTS. (a) Physicians licensed under Subtitle B,
66	66	Title 3, Occupations Code, and physician assistants licensed under
67	67	Chapter 204, Occupations Code, may create a partnership to perform
68	68	a professional service that falls within the scope of practice of
69	69	those practitioners.
70	70	(b) A physician assistant may not be a general partner or
71	71	participate in the management of the partnership.
72	72	(c) A physician assistant may not contract with or employ a
73	73	physician to be a supervising physician of the physician assistant
74	74	or of any physician in the partnership.
75	75	(d) The authority of each practitioner is limited by the
76	76	scope of practice of the respective practitioner. An organizer of
77	77	the entity must be a physician and ensure that a physician or
78	78	physicians control and manage the entity.
79	79	(e) Nothing in this section may be construed to allow the
80	80	practice of medicine by someone not licensed as a physician under
81	81	Subtitle B, Title 3, Occupations Code, or to allow a person not
82	82	licensed as a physician to direct the activities of a physician in
83	83	the practice of medicine.
84	84	(f) A physician assistant or combination of physician
85	85	assistants may have only a minority ownership interest in an entity
86	86	created under this section. The ownership interest of an
87	87	individual physician assistant may not equal or exceed the
88	88	ownership interest of any individual physician owner. A physician
89	89	assistant or combination of physician assistants may not interfere
90	90	with the practice of medicine by a physician owner or the
91	91	supervision of physician assistants by a physician owner.
92	92	(g) The Texas Medical Board and the Texas Physician
93	93	Assistant Board continue to exercise regulatory authority over
94	94	their respective license holders according to applicable law. To
95	95	the extent of a conflict between Subtitle B, Title 3, Occupations
96	96	Code, and Chapter 204, Occupations Code, or any rules adopted under
97	97	those statutes, Subtitle B, Title 3, or a rule adopted under that
98	98	subtitle controls.
99	99	SECTION 3. Section 301.012, Business Organizations Code, is
100	100	amended by adding Subsections (a-1), (a-2), (a-3), (a-4), (a-5),
101	101	(a-6), and (a-7) to read as follows:
102	102	(a-1) Persons licensed as physicians under Subtitle B,
103	103	Title 3, Occupations Code, and persons licensed as physician
104	104	assistants under Chapter 204, Occupations Code, may form and own a
105	105	professional association or a professional limited liability
106	106	company to perform professional services that fall within the scope
107	107	of practice of those practitioners.
108	108	(a-2) A physician assistant may not be an officer in the
109	109	professional association or limited liability company.
110	110	(a-3) A physician assistant may not contract with or employ
111	111	a physician to be a supervising physician of the physician
112	112	assistant or of any physician in the professional association or
113	113	limited liability company.
114	114	(a-4) The authority of each practitioner is limited by the
115	115	scope of practice of the respective practitioner. An organizer of
116	116	the entity must be a physician and ensure that a physician or
117	117	physicians control and manage the entity.
118	118	(a-5) Nothing in this section may be construed to allow the
119	119	practice of medicine by someone not licensed as a physician under
120	120	Subtitle B, Title 3, Occupations Code, or to allow a person not
121	121	licensed as a physician to direct the activities of a physician in
122	122	the practice of medicine.
123	123	(a-6) A physician assistant or combination of physician
124	124	assistants may have only a minority ownership interest in an entity
125	125	created under this section. The ownership interest of an
126	126	individual physician assistant may not equal or exceed the
127	127	ownership interest of any individual physician owner. A physician
128	128	assistant or combination of physician assistants may not interfere
129	129	with the practice of medicine by a physician owner or the
130	130	supervision of physician assistants by a physician owner.
131	131	(a-7) The Texas Medical Board and the Texas Physician
132	132	Assistant Board continue to exercise regulatory authority over
133	133	their respective license holders according to applicable law. To
134	134	the extent of a conflict between Subtitle B, Title 3, Occupations
135	135	Code, and Chapter 204, Occupations Code, or any rules adopted under
136	136	those statutes, Subtitle B, Title 3, or a rule adopted under that
137	137	subtitle controls.
138	138	SECTION 4. Subchapter B, Chapter 162, Occupations Code, is
139	139	amended by adding Section 162.053 to read as follows:
140	140	Sec. 162.053. JOINTLY OWNED ENTITIES WITH PHYSICIAN
141	141	ASSISTANTS. (a) A physician who jointly owns an entity with a
142	142	physician assistant shall report annually to the board the
143	143	ownership interest and other information required by board rule.
144	144	(b) The board shall assess a fee for processing each report
145	145	required by Subsection (a).
146	146	(c) A report filed under Subsection (a) is public
147	147	information for purposes of Chapter 552, Government Code.
148	148	SECTION 5. Subchapter E, Chapter 204, Occupations Code, is
149	149	amended by adding Section 204.209 to read as follows:
150	150	Sec. 204.209. JOINTLY OWNED ENTITIES WITH PHYSICIANS.
151	151	(a) A physician assistant who jointly owns an entity with a
152	152	physician shall report annually to the physician assistant board
153	153	the ownership interest and other information required by physician
154	154	assistant board rule.
155	155	(b) The physician assistant board shall assess a fee for
156	156	processing each report required by Subsection (a).
157	157	(c) A report filed under Subsection (a) is public
158	158	information for purposes of Chapter 552, Government Code.
159	159	SECTION 6. The restrictions on ownership interests in
160	160	Sections 22.0561, 152.0551, and 301.012, Business Organizations
161	161	Code, apply to an ownership interest acquired on or after the
162	162	effective date of this Act. An ownership interest acquired before
163	163	the effective date of this Act is governed by the law in effect at
164	164	the time the interest was acquired, and the former law is continued
165	165	in effect for that purpose.
166	166	SECTION 7. This Act takes effect immediately if it receives
167	167	a vote of two-thirds of all the members elected to each house, as
168	168	provided by Section 39, Article III, Texas Constitution. If this
169	169	Act does not receive the vote necessary for immediate effect, this
170	170	Act takes effect September 1, 2011.
171	171	* * * * *