Current through Reg. 49, No. 38; September 20, 2024
(a)
Corporations.
(1) Pursuant to §
22.0561
of the Business Organizations Code, a physician and a physician assistant may
form a corporation to perform a professional service that falls within the
scope of practice of those practitioners.
(2) A physician assistant may not:
(A) be an officer of the
corporation;
(B) contract with or
employ a physician to be a supervising physician of the physician assistant or
of any physician in the corporation;
(C) direct the activities of a physician in
the practice of medicine;
(D)
interfere with supervision of physician assistants by a physician owner or
supervising physician;
(E) own
individually or in combination with other physician assistants more than a
minority ownership interest in an entity created under this subsection;
or
(F) have an ownership interest
that equals or exceeds the ownership interest of any physician owner.
(b) Partnerships.
(1) Pursuant to §
152.0551
of the Business Organizations Code, physicians and physician assistants may
create a partnership to perform a professional service that falls within the
scope of practice of those practitioners.
(2) A physician assistant may not:
(A) be a general partner or participate in
the management of the partnership;
(B) contract with or employ a physician to be
a supervising physician of the physician assistant or of any physician in the
partnership;
(C) direct the
activities of a physician in the practice of medicine;
(D) interfere with supervision of physician
assistants by a physician owner or supervising physician;
(E) individually or in combination with other
physician assistants have more than a minority ownership interest in the
partnership; or
(F) have an
ownership interest 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.
(c) Professional Associations and
Professional Limited Liability Companies.
(1)
Pursuant to §
301.012
of the Business Organizations Code, physicians and physician assistants may
form and own a professional association or professional limited liability
company to perform a professional service that falls within the scope of
practice of those practitioners.
(2) A physician assistant may not:
(A) be an officer in the professional
association or professional limited liability company;
(B) contract with or employ a physician to be
a supervising physician of the physician assistant or of any physician in the
professional association or professional limited liability company;
(C) direct the activities of a physician in
the practice of medicine;
(D)
interfere with supervision of physician assistants by a physician owner or
supervising physician;
(E)
individually or in combination with other physician assistants have more than a
minority ownership interest in the professional association or professional
limited liability company; or
(F)
have an ownership interest 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) Restrictions on
ownership interests, shall apply only to those entities formed on or after June
17, 2011. An ownership interest acquired before the effective date of this Act
is governed by the law in effect at the time the interest was
acquired.
(f) This section shall
not apply to pain management clinics owned and operated pursuant to Chapter 195
of this title (relating to Pain Management Clinics).
