HBA-NMO H.B. 959 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 959
By: Jones, Delwin
Public Health
3/5/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Current law prohibits a chiropractor from practicing in this state without
a license from the Texas Board of Chiropractic Examiners (board).  However,
the law does not require a person who owns or operates an office or
business that employs a chiropractor to be licensed by the board.  H.B. 959
requires a person who owns or operates a chiropractic facility to obtain a
license from the board and comply with the laws governing the practice of
chiropractic.  This bill also excepts certain persons from this requirement
and specifies rules to be adopted by the board.      

RULEMAKING AUTHORITY

It is the Opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Board of Chiropractic Examiners
is modified in SECTION 2 (Section 12a, Article 4512b, V.T.C.S.) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 4512b, V.T.C.S., by adding Section 5b, as
follows: 

Sec.  5b.  PRACTICE BY PERSONS WHO EMPLOY OR SUPERVISE CHIROPRACTORS. (a)
Provides that a person who owns, maintains, or operates an office or
business that employs a chiropractor is required to obtain a license under
and comply with the requirements of this Act.  Provides that a person
subject to this section is not exempt from the license requirements on the
grounds that the chiropractor employed by the person is licensed under this
Act. 

(b) Provides that a person who violates this section is engaged in the
practice of chiropractic without a license for the purposes of Section 5a
of this Act (Practice Without License Prohibited). 

(c) Provides that this section does not require the following persons or
entities to obtain a license to employ a licensed chiropractor: 

(1) a managed care organization;

(2) a professional association formed under the Texas Professional
Association Act, Article 1528f, V.T.C.S.; 

(3) a spouse of a chiropractor who inherits a chiropractic facility;

(4) the administrator or executor of the estate of a chiropractor;

(5) or a person legally authorized to act for a mentally incompetent
chiropractor. 

(d) Prohibits a person to whom Subsection (c)(1), (2), or (3) applies from
directly or indirectly controlling or attempting to control or influence
the professional judgment of a licensed chiropractor with regard to the
diagnosis or treatment of a patient. 

 (e) Authorizes a licensed chiropractor employed by a person under
Subsection (c)(4) or (5) to practice chiropractic for a reasonable time, as
determined by the board,  to carry out the practice of the deceased or
mentally incompetent chiropractor or to otherwise conclude the affairs of
the practice. 

(f)  Makes application of this Act prospective to a person who owns,
maintains, or operates an existing  chiropractic facility.  Prohibits the
person from owning, maintaining, or operating an additional chiropractic
facility after September 1, 1999, without holding a license issued under
this Act.  Provides that the relocation of a facility, for the purposes of
this subsection, does not cause that facility to be considered an
additional facility. 

(g) Entitles the Texas Board of Chiropractic Examiners (board), in an
action brought by the board against a person for violating this section, to
recover reasonable attorney's fees, in addition to any other relief allowed
by law.   

SECTION 2.  Amends Section 12a, Article 4512b, V.T.C.S., as follows:

Sec.  12a.  LICENSING OF CHIROPRACTIC FACILITIES; ADOPTION OF RULES.  (a)
Requires the board to adopt rules for the licensing and regulation of
owners or operators of chiropractic facilities, rather than chiropractic
facilities.  Specifies that a rule adopted by the board under this section
must require the board to issue one facility license to an owner of a
chiropractic facility for each facility, rather than without regard to the
number of facilities, owned by the owner.  Makes a conforming change. 

(b) Requires the board to conduct inspections of a chiropractic facility as
necessary to determine compliance with this Act and rules adopted under
this Act. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee Amendment #1 

SECTION 1.  Replaces proposed Section 5b(f), Article 4512b, V.T.C.S., with
the following: 

(f) A nonlicensed person who owns, maintains, or operates a chiropractic
facility in this state on September 1, 1999, and whose chiropractic
facility is licensed pursuant to this Act on the effective date of this
section shall not be required to be licensed to practice chiropractic under
this Act but shall not be permitted to own, maintain, or operate any
additional chiropractic facilities after September 1, 1999; provided,
however, that nothing in this section shall be construed to prevent the
relocation of an existing chiropractic facility. 

Committee Amendment #2

SECTION 1.  Amends Section 5b, Article 4512b, V.T.C.S., by adding
Subsection (c)(6)  to provide that this section (Practice by Persons Who
Employ or Supervise Chiropractors) does not require a facility licensed
under Chapter 241(Hospitals) or 242 (Convalescent and Nursing Home and
Related Institutions), Health and Safety Code, to obtain a license to
employ a licensed chiropractor.  Makes conforming changes 

Committee Amendment #3

SECTION 3.  Amends Section 2(B), Article 1528f, V.T.C.S., to add
chiropractors licensed by the board to the list of medical professionals
authorized to form professional associations.  Makes conforming changes.
Redesignates proposed SECTIONS 3-4 to SECTIONS 4-5, respectively.