85R3235 EES-F
By: Dale H.B. No. 3820
A BILL TO BE ENTITLED
AN ACT
relating to the authority of chiropractors to form certain business
entities with certain other professions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.056, Business Organizations Code, is
amended to read as follows:
Sec. 22.056. HEALTH ORGANIZATION CORPORATION. (a) Doctors
of medicine and osteopathy licensed by the Texas [State Board of]
Medical Board, [Examiners and] podiatrists licensed by the Texas
State Board of Podiatric Medical Examiners, and chiropractors
licensed by the Texas Board of Chiropractic Examiners may form a
corporation that is jointly owned, managed, and controlled by those
practitioners to perform a professional service that falls within
the scope of practice of those practitioners and consists of:
(1) carrying out research in the public interest in
medical science, medical economics, public health, sociology, or a
related field;
(2) supporting medical education in medical schools
through grants or scholarships;
(3) developing the capabilities of individuals or
institutions studying, teaching, or practicing medicine, including
podiatric medicine, or chiropractic;
(4) delivering health care to the public; or
(5) instructing the public regarding medical science,
public health, hygiene, or a related matter.
(b) When doctors of medicine, osteopathy, [and] podiatry,
and chiropractic form a corporation that is jointly owned by those
practitioners, the authority of each of the practitioners is
limited by the scope of practice of the respective practitioners
and none can exercise control over the other's clinical authority
granted by their respective licenses, either through agreements,
the certificate of formation or bylaws of the corporation,
directives, financial incentives, or other arrangements that would
assert control over treatment decisions made by the practitioner.
The Texas [State Board of] Medical Board, [Examiners and] the Texas
State Board of Podiatric Medical Examiners, and the Texas Board of
Chiropractic Examiners continue to exercise regulatory authority
over their respective licenses.
SECTION 2. Section 152.055, Business Organizations Code, is
amended to read as follows:
Sec. 152.055. AUTHORITY OF CERTAIN PROFESSIONALS TO CREATE
PARTNERSHIP. (a) Persons licensed as doctors of medicine and
persons licensed as doctors of osteopathy by the Texas [State Board
of] Medical Board, [Examiners and] persons licensed as podiatrists
by the Texas State Board of Podiatric Medical Examiners, and
persons licensed as chiropractors by the Texas Board of
Chiropractic Examiners may create a partnership that is jointly
owned by those practitioners to perform a professional service that
falls within the scope of practice of those practitioners.
(b) When doctors of medicine, osteopathy, [and] podiatry,
and chiropractic create a partnership that is jointly owned by
those practitioners, the authority of each of the practitioners is
limited by the scope of practice of the respective practitioners
and none can exercise control over the other's clinical authority
granted by their respective licenses, either through agreements,
bylaws, directives, financial incentives, or other arrangements
that would assert control over treatment decisions made by the
practitioner.
(c) The Texas [State Board of] Medical Board, [Examiners
and] the Texas State Board of Podiatric Medical Examiners, and the
Texas Board of Chiropractic Examiners continue to exercise
regulatory authority over their respective licenses.
SECTION 3. Sections 301.012(a) and (f), Business
Organizations Code, are amended to read as follows:
(a) Persons licensed as doctors of medicine and persons
licensed as doctors of osteopathy by the Texas [State Board of]
Medical Board, [Examiners and] persons licensed as podiatrists by
the Texas State Board of Podiatric Medical Examiners, and persons
licensed as chiropractors by the Texas Board of Chiropractic
Examiners may jointly form and own a professional association or a
professional limited liability company to perform professional
services that fall within the scope of practice of those
practitioners.
(f) When doctors of medicine, osteopathy, [and] podiatry,
and chiropractic, or doctors of medicine, osteopathy, and optometry
or therapeutic optometry, or mental health professionals form a
professional entity as provided by Subsections (a), (b), and (c),
the authority of each of the practitioners is limited by the scope
of practice of the respective practitioners and none can exercise
control over the other's clinical authority granted by their
respective licenses, either through agreements, bylaws,
directives, financial incentives, or other arrangements that would
assert control over treatment decisions made by the practitioner.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.