Texas 2015 - 84th Regular

Texas House Bill HB1864 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7832 EES-D
2	2	By: Bell H.B. No. 1864
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ability of professional associations to hire
8	8	certain health care professionals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 301.003(5), Business Organizations
11	11	Code, is amended to read as follows:
12	12	(5) "Professional individual[,]" [with respect to a
13	13	professional entity,] means:
14	14	(A) with respect to a professional corporation or
15	15	professional limited liability company, an individual who is
16	16	licensed to provide in this state or another jurisdiction the same
17	17	professional service as is rendered by that professional entity; or
18	18	(B) with respect to a professional association,
19	19	an individual who is licensed to provide in this state or another
20	20	jurisdiction the same professional service that:
21	21	(i) the individuals who formed and own the
22	22	professional association are licensed to provide; and
23	23	(ii) the professional association was
24	24	formed to provide.
25	25	SECTION 2. Section 301.006, Business Organizations Code, is
26	26	amended by amending Subsection (a) and adding Subsections (a-1)
27	27	and (a-2) to read as follows:
28	28	(a) Except as provided by Subsection (a-1), a [A]
29	29	professional association or foreign professional association may
30	30	provide a professional service in this state only through owners,
31	31	managerial officials, employees, or agents, each of whom:
32	32	(1) is a professional individual; and
33	33	(2) is licensed in this state to provide the same
34	34	professional service that:
35	35	(A) the individuals who formed and own the
36	36	professional association are licensed to provide; and
37	37	(B) the professional association was formed
38	38	to provide [provided by the entity].
39	39	(a-1) A professional association or foreign professional
40	40	association may employ any of the following practitioners to
41	41	perform the professional service that the practitioner is licensed
42	42	in this state to provide, even if that professional service is
43	43	different from the professional service that the practitioners who
44	44	formed and own the professional association are licensed to provide
45	45	and that the professional association was formed to provide:
46	46	(1) a doctor of medicine;
47	47	(2) a doctor of osteopathy;
48	48	(3) a doctor of podiatry;
49	49	(4) a dentist;
50	50	(5) a chiropractor;
51	51	(6) an optometrist;
52	52	(7) a therapeutic optometrist;
53	53	(8) a veterinarian; and
54	54	(9) a licensed mental health professional.
55	55	(a-2) If a professional association or foreign professional
56	56	association employs a practitioner listed under Subsection (a-1),
57	57	the authority of each practitioner who is an owner, managerial
58	58	official, employee, or agent of the professional association is
59	59	limited to the practitioner's scope of practice, and a practitioner
60	60	may not exercise control over another practitioner's clinical
61	61	authority granted under the practitioner's respective license,
62	62	either through an agreement, bylaw, directive, financial
63	63	incentive, or other arrangement that would assert control over a
64	64	treatment decision made by the practitioner.
65	65	SECTION 3. Subtitle A, Title 3, Occupations Code, is
66	66	amended by adding Chapter 117 to read as follows:
67	67	CHAPTER 117. EMPLOYMENT OF HEALTH CARE PRACTITIONERS BY
68	68	PROFESSIONAL ASSOCIATIONS
69	69	Sec. 117.001. PATIENT CARE. A physician, podiatrist,
70	70	dentist, chiropractor, optometrist, therapeutic optometrist, or
71	71	licensed mental health professional, as that term is defined by
72	72	Section 301.003, Business Organizations Code, employed by a
73	73	professional association in accordance with Section 301.006(a-1),
74	74	Business Organizations Code, shall retain independent clinical
75	75	judgment in providing care to patients.
76	76	SECTION 4. Subchapter H, Chapter 801, Occupations Code, is
77	77	amended by adding Section 801.367 to read as follows:
78	78	Sec. 801.367. INDEPENDENT CLINICAL JUDGMENT. A
79	79	veterinarian employed by a professional association in accordance
80	80	with Section 301.006(a-1), Business Organizations Code, shall
81	81	retain independent clinical judgment in providing care to animals.
82	82	SECTION 5. This Act takes effect September 1, 2015.