| 1 | 1 | | 88R12726 MLH-D |
|---|
| 2 | 2 | | By: Allison H.B. No. 4346 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to joint practice by certain health care professionals. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Sections 301.012(a-1), (a-2), (a-3), (a-6), and |
|---|
| 10 | 10 | | (a-7), Business Organizations Code, are amended to read as follows: |
|---|
| 11 | 11 | | (a-1) Persons licensed as physicians under Subtitle B, |
|---|
| 12 | 12 | | Title 3, Occupations Code, [and] persons licensed as physician |
|---|
| 13 | 13 | | assistants under Chapter 204, Occupations Code, and persons |
|---|
| 14 | 14 | | licensed as advanced practice registered nurses under Subtitle E, |
|---|
| 15 | 15 | | Title 3, Occupations Code, may form and own a professional |
|---|
| 16 | 16 | | association or a professional limited liability company to perform |
|---|
| 17 | 17 | | professional services that fall within the scope of practice of |
|---|
| 18 | 18 | | those practitioners. |
|---|
| 19 | 19 | | (a-2) A physician assistant or an advanced practice |
|---|
| 20 | 20 | | registered nurse may not be an officer in the professional |
|---|
| 21 | 21 | | association or limited liability company. |
|---|
| 22 | 22 | | (a-3) A physician assistant or an advanced practice |
|---|
| 23 | 23 | | registered nurse may not contract with or employ a physician to be a |
|---|
| 24 | 24 | | supervising physician of the physician assistant or advanced |
|---|
| 25 | 25 | | practice registered nurse or of any physician in the professional |
|---|
| 26 | 26 | | association or limited liability company. |
|---|
| 27 | 27 | | (a-6) A physician assistant, an advanced practice |
|---|
| 28 | 28 | | registered nurse, or a combination of physician assistants or |
|---|
| 29 | 29 | | advanced practice registered nurses may have only a minority |
|---|
| 30 | 30 | | ownership interest in an entity created under this section. The |
|---|
| 31 | 31 | | ownership interest of an individual physician assistant may not |
|---|
| 32 | 32 | | equal or exceed the ownership interest of any individual physician |
|---|
| 33 | 33 | | owner. A physician assistant or combination of physician assistants |
|---|
| 34 | 34 | | may not interfere with the practice of medicine by a physician owner |
|---|
| 35 | 35 | | or the supervision of physician assistants by a physician owner. |
|---|
| 36 | 36 | | (a-7) The Texas Medical Board, [and] the Texas Physician |
|---|
| 37 | 37 | | Assistant Board, and the Texas Board of Nursing continue to |
|---|
| 38 | 38 | | exercise regulatory authority over their respective license |
|---|
| 39 | 39 | | holders according to applicable law. To the extent of a conflict |
|---|
| 40 | 40 | | between Subtitle B, Title 3, Occupations Code, and Chapter 204, |
|---|
| 41 | 41 | | Occupations Code, or any rules adopted under those statutes, |
|---|
| 42 | 42 | | Subtitle B, Title 3, or a rule adopted under that subtitle controls. |
|---|
| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|