Sec. 351.366. AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES. (a) Except as provided by Section 351.361 or 351.457, an optometrist or therapeutic optometrist and a physician may, for the purposes described by Subsection (b), organize, jointly own, and manage any legal entity, including:
(1) a partnership under the Texas Revised Partnership Act (Article 6132b-1.01 et seq., Vernon's Texas Civil Statutes);
(2) a limited partnership under the Texas Revised Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes); or
(3) a limited liability company under the Texas Limited Liability Company Act (Article 1528n, Vernon's Texas Civil Statutes).
(b) An entity authorized under Subsection (a) may:
(1) own real property, other physical facilities, or equipment for the delivery of health care services or management;
(2) lease, rent, or otherwise acquire the use of real property, other physical facilities, or equipment for the delivery of health care services or management; or
(3) employ or otherwise use a person who is not an optometrist, therapeutic optometrist, or physician for the delivery of health care services or management.
(c) Only an optometrist, therapeutic optometrist, or physician may have an ownership interest in an entity authorized under Subsection (a). This subsection does not prohibit an entity 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.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.157(a), eff. Sept. 1, 2001.
Structure Texas Statutes
Subtitle F - Professions Related to Eyes and Vision
Chapter 351 - Optometrists and Therapeutic Optometrists
Subchapter H. Practice by License Holder
Section 351.351. License Holder Information
Section 351.352. Optometric Files and Records
Section 351.353. Initial Examination of Patient
Section 351.354. Certain Optometric Services Authorized
Section 351.355. Determining or Measuring Vision
Section 351.356. Fitting Lenses or Prisms
Section 351.357. Fitting and Dispensing Contact Lenses
Section 351.358. Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents
Section 351.3581. Treatment of Glaucoma
Section 351.360. Professional Standard of Therapeutic Optometrist
Section 351.361. Lease; Payment Basis; Accounts Receivable
Section 351.362. Professional Responsibility; Name of Practice
Section 351.363. Mercantile Establishment
Section 351.364. Relationships With Dispensing Opticians
Section 351.365. Patient Rights Regarding Spectacle Prescription
Section 351.366. Authority to Form Certain Jointly Owned Entities
Section 351.367. Contract or Employment With Community Health Centers