By: Chisum H.B. No. 3441
A BILL TO BE ENTITLED
AN ACT
relating to the practice of professions regulated under the
Occupations Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 60 to read as follows:
CHAPTER 60. ABILITY TO PRACTICE PROFESSION
Sec. 60.001. PURPOSE. The purpose of this chapter is to
ensure that a person licensed under this code may practice the
person's profession to the full extent authorized by law in
accordance with the person's education, training, and licensing.
Sec. 60.002. CERTAIN INJUNCTIONS PROHIBITED. A licensing
authority created under Title 3 may not institute an action to
enjoin a person licensed by another licensing authority created
under Title 3 from engaging in certain conduct if that conduct has
been determined by the licensing authority that issued the license
to be lawful and within the scope of practice authorized by the
person's license.
Sec. 60.003. COLLABORATION WITH OTHER LICENSEES. In
accordance with the provisions of Title 3, a person licensed under a
particular chapter of Title 3 is authorized to:
(1) collaborate with a person licensed under a
different chapter of Title 3 in providing services to a client if
each person performs only those services that the person is
authorized under state law, rules, or regulations to perform; or
(2) use objective or subjective means to analyze,
examine, evaluate, or otherwise determine the needs of the person's
client for the purpose of:
(A) providing services to the client that the
person is authorized under state laws, rules, or regulations to
provide; or
(B) referring the client to an appropriate person
licensed under Title 3 for the provision of services needed by the
client.
Sec. 60.004. AUTHORITY TO FORM CERTAIN ENTITIES AND
ASSOCIATIONS. Any person licensed under a chapter of Title 3 may
form a partnership, professional association, or professional
limited liability company with persons licensed under other
chapters of Title 3 according to the procedures established in the
Business Organizations Code.
Sec. 60.005. BILLING AND REIMBURSEMENT FOR SERVICES. (a) A
person licensed under Title 3 may use the same billing codes used by
another person licensed under Title 3 if the billing codes describe
services that the person is authorized under state law, rules, or
regulations to provide.
(b) An entity that reimburses persons licensed under Title 3
for services performed under a contractual agreement may not:
(1) deny payment or reimbursement for the services
because of the type of license held by the person, if the entity
allows payment or reimbursement under the contractual agreement for
the same services provided by a person licensed under a different
chapter of Title 3;
(2) make payment or reimbursement under the
contractual agreement for particular services that the person is
authorized to provide under state law, rules, or regulations
contingent on provision of those services by a person licensed
under a different chapter of Title 3; or
(3) establish other limitations on the provision of
services by persons licensed under a particular chapter of Title 3
to provide services covered under the contractual agreement that
would prohibit a client from seeking the provision of services to an
equal extent from any person licensed under Title 3 to provide those
services.
Sec. 60.006. RULES. A licensing authority created under
Title 3 may adopt rules necessary to enforce this chapter, with
regard to persons licensed by the licensing authority.
SECTION 2. This Act takes effect September 1, 2011.