Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012 Page: 41
84 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(F) have an ownership interested that equals or exceeds
the ownership interest of any physician owner.
(3) An organizer of the entity, as defined under 3.004 of
the Texas Business Organization Code, must be a physician and ensure
that a physician or physicians control and manage the entity.
(d) All physicians and physician assistants who jointly own
an entity must annually submit a joint form to the Board providing
date of formation of the entity, each licensee's ownership interest in
the entity, proof of ownership, and proof of date of formation, along
with required fees as provided in Chapter 175 of this title (relating to
Fees and Penalties).
(e) Physician assistants who solely own an entity or jointly
own an entity with a non-physician must annually submit a form to
the Board providing the date of formation of the entity, each person's
ownership interest in the entity, proof of ownership, and proof of date
of formation, along with required fees as provided in Chapter 175 of
this title.
(f) Restrictions on ownership interests, shall apply only to
those entities formed on or after June 17, 2011. However, if the
ownership interests of an entity changes, or an entity contracts with a
new supervising physician to provide services, then the restrictions on
ownership shall apply to the entity.
(g) This section shall not apply to pain management clinics
owned and operated pursuant to Chapter 195 of this title (relating to
Pain Management Clinics).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on December 23,
2011.
TRD-201105814
Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: February 5, 2012
For further information, please call: (512) 305-7016
SUBCHAPTER D. EMPLOYMENT OF
PHYSICIANS
22 TAC 177.17
The amendments are proposed under the authority of the Texas
Occupations Code Annotated, 153.001, which provides author-
ity for the Board to adopt rules and bylaws as necessary to: gov-
ern its own proceedings; perform its duties; regulate the practice
of medicine in this state; enforce this subtitle; and establish rules
related to licensure.
The amendments are also authorized by 166.022, 162.053,
and 204.209, Texas Occupations Code and 311.063, Health
and Safety Code.
No other statutes, articles or codes are affected by this proposal.
177.17. Exceptions to Corporate Practice of Medicine Doctrine.
(a) Corporate Practice of Medicine Doctrine. The corporate
practice of medicine doctrine is a legal doctrine, which generally
prohibits corporations, entities or non-physicians from practicingmedicine. The prohibition on the corporate practice of medicine is
based on numerous provisions of the Medical Practice Act, including
155.001, 155.003, 157.001, 164.052(a)(8), (13), and 165.156.
Section 165.156 of the Medical Practice Act makes it unlawful for any
individual, partnership, trust, association or corporation by use of any
letters, words, or terms, as an affix on stationery or advertisements or
in any other manner, to indicate the individual, partnership, trust, asso-
ciation or corporation is entitled to practice medicine if the individual
or entity is not licensed to do so.
(b) Applicability. Upon satisfaction of the requirements of
their physician employment enabling statute and to the extent autho-
rized by their enabling statutes, the following entities may employ a
physician and retain all or part of the professional income generated by
the physician for medical services provided at:
(1) A hospital that primarily provides medical care to chil-
dren younger than 18 years of age as provided under 311.061 of the
Health and Safety Code, and that:
(A) Is owned or operated by a nonprofit fraternal organ-
ization; or
(B) Has a governing body the majority of members of
which belong to a nonprofit fraternal organization.
(2) A hospital, including health care facilities owned or op-
erated by the hospital, that is:
(A) designated as a critical access hospital under the au-
thority of and in compliance with 42 U.S.C. Section 1395i-4;
(B) a sole community hospital, as that term is defined
by 42 U.S.C. 1395ww(d)(5)(D)(iii); or
(C) located in a county with a population of 50,000 or
less.
(3) Baylor County Hospital District (Texas Special District
Code, 1005.063)
(4) Bexar County Hospital District, (Texas Health and
Safety Code, 281.0283)
(5) Burleson County Hospital District, (Texas Special Dis-
trict Code, 1010.059)
(6) City of Amarillo Hospital District (Texas Special Dis-
trict Code, 1001.060)
(7) Dallam-Hartley Counties Hospital District (Texas Spe-
cial District Code, 1018.061)
(8) Dallas County Hospital District (Texas Health and
Safety Code, 281.0282)
(9) El Paso County Hospital District (Health and Safety
Code, 281.0285)
(10) Frio Hospital District (Texas Special District Code,
1030.063)
(11) Harris County Hospital District (Texas Health and
Safety Code, 281.0283)
(12) Jackson County Hospital District (Texas Special Dis-
trict Code, 1046.062)
(13) Martin County Hospital District (HB 4730, 81st ses-
sion)
(14) Matagorda County Hospital District (Texas Special
District Code, 1057.057)PROPOSED RULES January 6, 2012 37 TexReg 41
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012, periodical, January 6, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth215965/m1/40/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.