Texas 2017 - 85th Regular

Texas House Bill HB3820 Compare Versions

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

Old	New	Differences
1	1	85R3235 EES-F
2	2	By: Dale H.B. No. 3820
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of chiropractors to form certain business
8	8	entities with certain other professions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.056, Business Organizations Code, is
11	11	amended to read as follows:
12	12	Sec. 22.056. HEALTH ORGANIZATION CORPORATION. (a) Doctors
13	13	of medicine and osteopathy licensed by the Texas [State Board of]
14	14	Medical Board, [Examiners and] podiatrists licensed by the Texas
15	15	State Board of Podiatric Medical Examiners, and chiropractors
16	16	licensed by the Texas Board of Chiropractic Examiners may form a
17	17	corporation that is jointly owned, managed, and controlled by those
18	18	practitioners to perform a professional service that falls within
19	19	the scope of practice of those practitioners and consists of:
20	20	(1) carrying out research in the public interest in
21	21	medical science, medical economics, public health, sociology, or a
22	22	related field;
23	23	(2) supporting medical education in medical schools
24	24	through grants or scholarships;
25	25	(3) developing the capabilities of individuals or
26	26	institutions studying, teaching, or practicing medicine, including
27	27	podiatric medicine, or chiropractic;
28	28	(4) delivering health care to the public; or
29	29	(5) instructing the public regarding medical science,
30	30	public health, hygiene, or a related matter.
31	31	(b) When doctors of medicine, osteopathy, [and] podiatry,
32	32	and chiropractic form a corporation that is jointly owned by those
33	33	practitioners, the authority of each of the practitioners is
34	34	limited by the scope of practice of the respective practitioners
35	35	and none can exercise control over the other's clinical authority
36	36	granted by their respective licenses, either through agreements,
37	37	the certificate of formation or bylaws of the corporation,
38	38	directives, financial incentives, or other arrangements that would
39	39	assert control over treatment decisions made by the practitioner.
40	40	The Texas [State Board of] Medical Board, [Examiners and] the Texas
41	41	State Board of Podiatric Medical Examiners, and the Texas Board of
42	42	Chiropractic Examiners continue to exercise regulatory authority
43	43	over their respective licenses.
44	44	SECTION 2. Section 152.055, Business Organizations Code, is
45	45	amended to read as follows:
46	46	Sec. 152.055. AUTHORITY OF CERTAIN PROFESSIONALS TO CREATE
47	47	PARTNERSHIP. (a) Persons licensed as doctors of medicine and
48	48	persons licensed as doctors of osteopathy by the Texas [State Board
49	49	of] Medical Board, [Examiners and] persons licensed as podiatrists
50	50	by the Texas State Board of Podiatric Medical Examiners, and
51	51	persons licensed as chiropractors by the Texas Board of
52	52	Chiropractic Examiners may create a partnership that is jointly
53	53	owned by those practitioners to perform a professional service that
54	54	falls within the scope of practice of those practitioners.
55	55	(b) When doctors of medicine, osteopathy, [and] podiatry,
56	56	and chiropractic create a partnership that is jointly owned by
57	57	those practitioners, the authority of each of the practitioners is
58	58	limited by the scope of practice of the respective practitioners
59	59	and none can exercise control over the other's clinical authority
60	60	granted by their respective licenses, either through agreements,
61	61	bylaws, directives, financial incentives, or other arrangements
62	62	that would assert control over treatment decisions made by the
63	63	practitioner.
64	64	(c) The Texas [State Board of] Medical Board, [Examiners
65	65	and] the Texas State Board of Podiatric Medical Examiners, and the
66	66	Texas Board of Chiropractic Examiners continue to exercise
67	67	regulatory authority over their respective licenses.
68	68	SECTION 3. Sections 301.012(a) and (f), Business
69	69	Organizations Code, are amended to read as follows:
70	70	(a) Persons licensed as doctors of medicine and persons
71	71	licensed as doctors of osteopathy by the Texas [State Board of]
72	72	Medical Board, [Examiners and] persons licensed as podiatrists by
73	73	the Texas State Board of Podiatric Medical Examiners, and persons
74	74	licensed as chiropractors by the Texas Board of Chiropractic
75	75	Examiners may jointly form and own a professional association or a
76	76	professional limited liability company to perform professional
77	77	services that fall within the scope of practice of those
78	78	practitioners.
79	79	(f) When doctors of medicine, osteopathy, [and] podiatry,
80	80	and chiropractic, or doctors of medicine, osteopathy, and optometry
81	81	or therapeutic optometry, or mental health professionals form a
82	82	professional entity as provided by Subsections (a), (b), and (c),
83	83	the authority of each of the practitioners is limited by the scope
84	84	of practice of the respective practitioners and none can exercise
85	85	control over the other's clinical authority granted by their
86	86	respective licenses, either through agreements, bylaws,
87	87	directives, financial incentives, or other arrangements that would
88	88	assert control over treatment decisions made by the practitioner.
89	89	SECTION 4. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2017.