| (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).
|
| Source Note: The provisions of this §177.16 adopted to be effective December 22, 2011, 36 TexReg 8548; amended to be effective March 7, 2012, 37 TexReg 1514; amended to be effective January 20, 2014, 39 TexReg 282; amended to be effective October 9, 2016, 41 TexReg 7713 |
