Texas 2017 - 85th Regular

Texas Senate Bill SB679 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hancock, et al. S.B. No. 679
2		-	(Dale)
	1	+	S.B. No. 679
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the authority of chiropractors to form certain business
8	6		entities with certain other professions.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 22.056, Business Organizations Code, is
11	9		amended to read as follows:
12	10		Sec. 22.056. HEALTH ORGANIZATION CORPORATION.
13	11		(a) Doctors of medicine and osteopathy licensed by the Texas
14	12		[State Board of] Medical Board, [Examiners and] podiatrists
15	13		licensed by the Texas State Board of Podiatric Medical Examiners,
16	14		and chiropractors licensed by the Texas Board of Chiropractic
17	15		Examiners may form a corporation that is jointly owned, managed,
18	16		and controlled by those practitioners to perform a professional
19	17		service that falls within the scope of practice of those
20	18		practitioners and consists of:
21	19		(1) carrying out research in the public interest in
22	20		medical science, medical economics, public health, sociology, or a
23	21		related field;
24	22		(2) supporting medical education in medical schools
25	23		through grants or scholarships;
26	24		(3) developing the capabilities of individuals or
27	25		institutions studying, teaching, or practicing medicine, including
28	26		podiatric medicine, or chiropractic;
29	27		(4) delivering health care to the public; or
30	28		(5) instructing the public regarding medical science,
31	29		public health, hygiene, or a related matter.
32	30		(b) When doctors of medicine, osteopathy, [and] podiatry,
33	31		and chiropractic form a corporation that is jointly owned by those
34	32		practitioners, the authority of each of the practitioners is
35	33		limited by the scope of practice of the respective practitioners
36	34		and none can exercise control over the other's clinical authority
37	35		granted by their respective licenses, either through agreements,
38	36		the certificate of formation or bylaws of the corporation,
39	37		directives, financial incentives, or other arrangements that would
40	38		assert control over treatment decisions made by the practitioner.
41	39		The Texas [State Board of] Medical Board, [Examiners and] the Texas
42	40		State Board of Podiatric Medical Examiners, and the Texas Board of
43	41		Chiropractic Examiners continue to exercise regulatory authority
44	42		over their respective licenses.
45	43		SECTION 2. Section 152.055, Business Organizations Code, is
46	44		amended to read as follows:
47	45		Sec. 152.055. AUTHORITY OF CERTAIN PROFESSIONALS TO CREATE
48	46		PARTNERSHIP. (a) Persons licensed as doctors of medicine and
49	47		persons licensed as doctors of osteopathy by the Texas [State Board
50	48		of] Medical Board, [Examiners and] persons licensed as podiatrists
51	49		by the Texas State Board of Podiatric Medical Examiners, and
52	50		persons licensed as chiropractors by the Texas Board of
53	51		Chiropractic Examiners may create a partnership that is jointly
54	52		owned by those practitioners to perform a professional service that
55	53		falls within the scope of practice of those practitioners.
56	54		(b) When doctors of medicine, osteopathy, [and] podiatry,
57	55		and chiropractic create a partnership that is jointly owned by
58	56		those practitioners, the authority of each of the practitioners is
59	57		limited by the scope of practice of the respective practitioners
60	58		and none can exercise control over the other's clinical authority
61	59		granted by their respective licenses, either through agreements,
62	60		bylaws, directives, financial incentives, or other arrangements
63	61		that would assert control over treatment decisions made by the
64	62		practitioner.
65	63		(c) The Texas [State Board of] Medical Board, [Examiners
66	64		and] the Texas State Board of Podiatric Medical Examiners, and the
67	65		Texas Board of Chiropractic Examiners continue to exercise
68	66		regulatory authority over their respective licenses.
69	67		SECTION 3. Sections 301.012(a) and (f), Business
70	68		Organizations Code, are amended to read as follows:
71	69		(a) Persons licensed as doctors of medicine and persons
72	70		licensed as doctors of osteopathy by the Texas [State Board of]
73	71		Medical Board, [Examiners and] persons licensed as podiatrists by
74	72		the Texas State Board of Podiatric Medical Examiners, and persons
75	73		licensed as chiropractors by the Texas Board of Chiropractic
76	74		Examiners may jointly form and own a professional association or a
77	75		professional limited liability company to perform professional
78	76		services that fall within the scope of practice of those
79	77		practitioners.
80	78		(f) When doctors of medicine, osteopathy, [and] podiatry,
81	79		and chiropractic, or doctors of medicine, osteopathy, and optometry
82	80		or therapeutic optometry, or mental health professionals form a
83	81		professional entity as provided by Subsections (a), (b), and (c),
84	82		the authority of each of the practitioners is limited by the scope
85	83		of practice of the respective practitioners and none can exercise
86	84		control over the other's clinical authority granted by their
87	85		respective licenses, either through agreements, bylaws,
88	86		directives, financial incentives, or other arrangements that would
89	87		assert control over treatment decisions made by the practitioner.
90	88		SECTION 4. This Act takes effect immediately if it receives
91	89		a vote of two-thirds of all the members elected to each house, as
92	90		provided by Section 39, Article III, Texas Constitution. If this
93	91		Act does not receive the vote necessary for immediate effect, this
94	92		Act takes effect September 1, 2017.
	93	+	______________________________ ______________________________
	94	+	President of the Senate Speaker of the House
	95	+	I hereby certify that S.B. No. 679 passed the Senate on
	96	+	March 22, 2017, by the following vote: Yeas 29, Nays 0.
	97	+	______________________________
	98	+	Secretary of the Senate
	99	+	I hereby certify that S.B. No. 679 passed the House on
	100	+	May 24, 2017, by the following vote: Yeas 140, Nays 2, two
	101	+	present not voting.
	102	+	______________________________
	103	+	Chief Clerk of the House
	104	+	Approved:
	105	+	______________________________
	106	+	Date
	107	+	______________________________
	108	+	Governor