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.