Texas Business Organizations Code - Section 301.012. Joint Practice By Certain Professionals
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§ 301.012. JOINT PRACTICE BY CERTAIN PROFESSIONALS. (a)
Persons licensed as doctors of medicine and persons licensed as
doctors of osteopathy by the Texas State Board of Medical Examiners
and persons licensed as podiatrists by the Texas State Board of
Podiatric Medical Examiners may jointly form and own a professional
association or a professional limited liability company to perform
professional services that fall within the scope of practice of
those practitioners.
(b) Professionals, other than physicians, engaged in
related mental health fields such as psychology, clinical social
work, licensed professional counseling, and licensed marriage and
family therapy may form a professional entity that is jointly owned
by those practitioners to perform professional services that fall
within the scope of practice of those practitioners.
(c) Persons licensed as doctors of medicine and persons
licensed as doctors of osteopathy by the Texas State Board of
Medical Examiners and persons licensed as optometrists or
therapeutic optometrists by the Texas Optometry Board may, subject
to the provisions regulating those professionals, jointly form and
own a professional association or a professional limited liability
company to perform professional services that fall within the scope
of practice of those practitioners.
(d) Only a physician, optometrist, or therapeutic
optometrist may have an ownership interest in a professional
association or professional limited liability company formed under
Subsection (c).
(e) An entity formed under Subsection (c) is not prohibited
from making one or more payments to an owner's estate following the
owner's death under an agreement with the owner or as otherwise
authorized or required by law.
(f) When doctors of medicine, osteopathy, and podiatry, or
doctors of medicine, osteopathy, and optometry or therapeutic
optometry, or mental health professionals form a professional
entity as provided by Subsections (a), (b), and (c), the authority
of each of the practitioners is limited by the scope of practice of
the respective practitioners and none can exercise control over the
other's clinical authority granted by their respective licenses,
either through agreements, bylaws, directives, financial
incentives, or other arrangements that would assert control over
treatment decisions made by the practitioner.
(g) The state agencies exercising regulatory control over
professions to which this section applies continue to exercise
regulatory authority over their respective licenses.
Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.
Section: 301.005 301.006 301.007 301.008 301.009 301.010 301.011 301.012 302.001 302.002 302.003 302.004 302.005 302.006 302.007
Last modified: August 11, 2007
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