Bill Text: TX HB1864 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the ability of professional associations to hire certain health care professionals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-11 - Referred to Public Health [HB1864 Detail]
Download: Texas-2015-HB1864-Introduced.html
84R7832 EES-D | ||
By: Bell | H.B. No. 1864 |
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relating to the ability of professional associations to hire | ||
certain health care professionals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 301.003(5), Business Organizations | ||
Code, is amended to read as follows: | ||
(5) "Professional individual[ |
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(A) with respect to a professional corporation or | ||
professional limited liability company, an individual who is | ||
licensed to provide in this state or another jurisdiction the same | ||
professional service as is rendered by that professional entity; or | ||
(B) with respect to a professional association, | ||
an individual who is licensed to provide in this state or another | ||
jurisdiction the same professional service that: | ||
(i) the individuals who formed and own the | ||
professional association are licensed to provide; and | ||
(ii) the professional association was | ||
formed to provide. | ||
SECTION 2. Section 301.006, Business Organizations Code, is | ||
amended by amending Subsection (a) and adding Subsections (a-1) | ||
and (a-2) to read as follows: | ||
(a) Except as provided by Subsection (a-1), a [ |
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professional association or foreign professional association may | ||
provide a professional service in this state only through owners, | ||
managerial officials, employees, or agents, each of whom: | ||
(1) is a professional individual; and | ||
(2) is licensed in this state to provide the same | ||
professional service that: | ||
(A) the individuals who formed and own the | ||
professional association are licensed to provide; and | ||
(B) the professional association was formed | ||
to provide [ |
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(a-1) A professional association or foreign professional | ||
association may employ any of the following practitioners to | ||
perform the professional service that the practitioner is licensed | ||
in this state to provide, even if that professional service is | ||
different from the professional service that the practitioners who | ||
formed and own the professional association are licensed to provide | ||
and that the professional association was formed to provide: | ||
(1) a doctor of medicine; | ||
(2) a doctor of osteopathy; | ||
(3) a doctor of podiatry; | ||
(4) a dentist; | ||
(5) a chiropractor; | ||
(6) an optometrist; | ||
(7) a therapeutic optometrist; | ||
(8) a veterinarian; and | ||
(9) a licensed mental health professional. | ||
(a-2) If a professional association or foreign professional | ||
association employs a practitioner listed under Subsection (a-1), | ||
the authority of each practitioner who is an owner, managerial | ||
official, employee, or agent of the professional association is | ||
limited to the practitioner's scope of practice, and a practitioner | ||
may not exercise control over another practitioner's clinical | ||
authority granted under the practitioner's respective license, | ||
either through an agreement, bylaw, directive, financial | ||
incentive, or other arrangement that would assert control over a | ||
treatment decision made by the practitioner. | ||
SECTION 3. Subtitle A, Title 3, Occupations Code, is | ||
amended by adding Chapter 117 to read as follows: | ||
CHAPTER 117. EMPLOYMENT OF HEALTH CARE PRACTITIONERS BY | ||
PROFESSIONAL ASSOCIATIONS | ||
Sec. 117.001. PATIENT CARE. A physician, podiatrist, | ||
dentist, chiropractor, optometrist, therapeutic optometrist, or | ||
licensed mental health professional, as that term is defined by | ||
Section 301.003, Business Organizations Code, employed by a | ||
professional association in accordance with Section 301.006(a-1), | ||
Business Organizations Code, shall retain independent clinical | ||
judgment in providing care to patients. | ||
SECTION 4. Subchapter H, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.367 to read as follows: | ||
Sec. 801.367. INDEPENDENT CLINICAL JUDGMENT. A | ||
veterinarian employed by a professional association in accordance | ||
with Section 301.006(a-1), Business Organizations Code, shall | ||
retain independent clinical judgment in providing care to animals. | ||
SECTION 5. This Act takes effect September 1, 2015. |