By: Carona, Van de Putte S.B. No. 1001
(In the Senate - Filed February 28, 2011; March 16, 2011,
read first time and referred to Committee on Business and Commerce;
April 11, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 11, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1001 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to the practice of certain 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 Title 3 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 condition 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 Subtitle C, Title 3 of this
code, may form a partnership, professional association, or
professional limited liability company with persons licensed under
Subtitle B, Title 3 of this code 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 a person licensed under Chapter 453 if the billing codes
describe services that the person is authorized to provide under
state law, rules, or regulations.
(b) An entity that reimburses persons licensed under Title 3
for physical modalities and procedures covered under a health
benefit plan may not:
(1) deny payment or reimbursement for covered physical
modalities and procedures because of the type of license held by the
person, if the entity allows payment or reimbursement for the same
services provided by a person licensed under a different chapter of
Title 3, and the services are performed in strict compliance with
state laws, rules, and regulations relating to that person's
license;
(2) make payment or reimbursement for covered physical
modalities and procedures 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
covered physical modalities and procedures by persons licensed
under a particular chapter of Title 3 to provide those services that
would prohibit a covered person from seeking the provision of
covered physical modalities and procedures to an equal extent from
any person licensed under Title 3 to provide those services.
(c) Nothing in this section requires an entity to cover
particular services or affects the ability of an entity to
determine whether specific procedures for which payment or
reimbursement is requested are medically necessary.
(d) This section does not apply to workers' compensation
insurance coverage as defined by Section 401.011, Labor Code, or a
self-insured employee welfare benefit plan subject to the Employee
Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et
seq.).
SECTION 2. This Act takes effect September 1, 2011.
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