By: Carona, Van de Putte	S.B. No. 1001

	A BILL TO BE ENTITLED
	AN ACT
	relating to the practice of certain professions regulated under the
	Occupations Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 2, Occupations Code, is amended by adding
	Chapter 60 to read as follows:
	CHAPTER 60. ABILITY TO PRACTICE PROFESSION
	Sec. 60.001.  PURPOSE. The purpose of this chapter is to
	ensure that a person licensed under Title 3 may practice the
	person's profession to the full extent authorized by law in
	accordance with the person's education, training, and licensing.
	Sec. 60.002.  COLLABORATION BETWEEN PHYSICIANS AND
	CHIROPRACTORS. A person licensed under Subtitle B, Title 3, and a
	person licensed under Chapter 201 are authorized to:
	(1)  collaborate with each other in providing services
	to a client if each person performs only those services that the
	person is authorized under state law, rules, or regulations to
	perform; or
	(2)  use objective or subjective means to analyze,
	examine, evaluate, or otherwise determine the condition of the
	person's client for the purpose of:
	(A)  providing services to the client that the
	person is authorized under state laws, rules, or regulations to
	provide; or
	(B)  referring the client to an appropriate person
	licensed under Title 3 for the provision of services needed by the
	client.
	Sec. 60.003.  AUTHORITY TO FORM CERTAIN ENTITIES AND
	ASSOCIATIONS.  (a)  A person licensed under Subtitle B, Title 3,
	and a person licensed under Chapter 201 may form a partnership,
	professional association, or professional limited liability
	company according to the requirements of this section and any other
	applicable law.
	(b)  When persons licensed under Chapter 201 form a
	professional entity with persons licensed under Subtitle B, Title
	3, as provided by this section, the authority of each practitioner
	is limited by that practitioner's scope of practice, and a
	practitioner may not exercise control over another practitioner's
	clinical authority granted by the other practitioner's license,
	either through agreements, bylaws, directives, financial
	incentives, or other arrangements that would assert control over
	treatment decisions made by the practitioner.
	(c)  The state agencies exercising regulatory control over
	professions to which this section applies continue to exercise
	regulatory authority over their respective licenses.
	(d)  A person licensed under Subtitle B, Title 3, who forms a
	professional entity under this section shall report the formation
	of the entity and any material change in agreements, bylaws,
	directives, financial incentives, or other arrangements related to
	the operation of the entity to the Texas Medical Board no later than
	the 30th day after the entity is formed or the material change is
	made.
	Sec. 60.004.  BILLING AND REIMBURSEMENT FOR SERVICES.
	(a)  A person licensed under Chapter 201 may use the same billing
	codes used by a person licensed under Chapter 453 if the billing
	codes describe services that the person is authorized to provide
	under state law, rules, or regulations.
	(b)  If physical modalities and procedures are covered
	services under a health benefit plan and within the scope of the
	license of a chiropractor and one or more other type of
	practitioner, a health benefit plan issuer may not:
	(1)  deny payment or reimbursement for physical
	modalities and procedures provided by a chiropractor if:
	(A)  the chiropractor provides the modalities and
	procedures in strict compliance with laws and rules relating to a
	chiropractor's license; and
	(B)  the health benefit plan issuer allows payment
	or reimbursement for the same physical modalities and procedures
	performed by another type of practitioner;
	(2)  make payment or reimbursement for particular
	covered physical modalities and procedures within the scope of a
	chiropractor's practice contingent on treatment or examination by a
	practitioner that is not a chiropractor; or
	(3)  establish other limitations on the provision of
	covered physical modalities and procedures that would prohibit a
	covered person from seeking the covered physical modalities and
	procedures from a chiropractor to the same extent that the covered
	person may obtain covered physical modalities and procedures from
	another type of practitioner.
	(c)  Nothing in this section requires an entity to cover
	particular services or affects the ability of an entity to
	determine whether specific procedures for which payment or
	reimbursement is requested are medically necessary.
	(d)  This section does not apply to workers' compensation
	insurance coverage as defined by Section 401.011, Labor Code, or a
	self-insured employee welfare benefit plan subject to the Employee
	Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et
	seq.).
	SECTION 2.  This Act takes effect September 1, 2011.