Bill Text: TX HB2510 | 2015-2016 | 84th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the continuation and functions of the Department of State Health Services, the provision of health services in this state, and the regulation of certain health-related occupations and activities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-04-23 - Recommitted to committee [HB2510 Detail]

Download: Texas-2015-HB2510-Introduced.html

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84R1315 MAW/JSC/EES-D
By: Price H.B. No. 2510

A BILL TO BE ENTITLED
AN ACT
relating to the Department of State Health Services, the provision
of health services in this state, and the regulation of certain
health-related occupations and activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. STATE MENTAL HEALTH HOSPITAL SYSTEM
SECTION 1.001. Subchapter D, Chapter 1001, Health and
Safety Code, is amended by adding Section 1001.086 to read as
follows:
Sec. 1001.086. TREATMENT ALTERNATIVES TRAINING CURRICULUM
FOR JUDGES AND ATTORNEYS. (a) The department shall work with the
court of criminal appeals to develop and maintain a training
curriculum for judges and attorneys that provides information on
inpatient and outpatient treatment alternatives to inpatient
commitment to a state hospital for a patient whom a court is
ordering to receive mental health services:
(1) to attain competency to stand trial under Chapter
46B, Code of Criminal Procedure; or
(2) following an acquittal by reason of insanity under
Chapter 46C, Code of Criminal Procedure.
(b) The training curriculum developed and maintained under
Subsection (a) must include a guide to treatment alternatives,
other than inpatient treatment at a state hospital, from which a
patient described by Subsection (a) may receive mental health
services.
SECTION 1.002. Not later than March 1, 2016, the Department
of State Health Services and the court of criminal appeals shall
develop the training curriculum required by Section 1001.086,
Health and Safety Code, as added by this article.
ARTICLE 2. COMMUNITY MENTAL HEALTH PROGRAMS
SECTION 2.001. Subchapter B, Chapter 533, Health and Safety
Code, is amended by adding Section 533.0347 to read as follows:
Sec. 533.0347. REVIEW RELATING TO BEHAVIORAL HEALTH
SERVICES PROVIDER CONTRACTS. (a) In this section:
(1) "Behavioral health services" means mental health
services, substance abuse services, or both.
(2) "Department" means the Department of State Health
Services.
(b) The commission shall conduct a strategic review to
evaluate and improve the performance measures and payment
mechanisms that are included in the department's contracts with
providers of behavioral health services. The commission shall
conduct the review in three phases and with the assistance of a
third party who has expertise in health purchasing.
(c) In the first phase of the review, the commission shall:
(1) identify for elimination from the department's
contracts with providers of behavioral health services performance
measures that are not required by state or federal law,
particularly those that measure inputs and processes rather than
outcomes;
(2) review and identify refinements to the metrics and
methodology associated with the withholding of funds from local
mental health authorities for use as performance-based incentive
payments for the authorities as directed by Rider 78, page II-76,
Chapter 1411 (S.B. 1), Acts of the 83rd Legislature, Regular
Session, 2013 (the General Appropriations Act); and
(3) consider adopting strategies that are similar to
strategies associated with the performance measures and
accountability processes for managed care organizations.
(d) The commission and the department may not include a
performance measure identified for elimination under Subsection
(c)(1) in a contract between the department and a provider of
behavioral health services that is entered into or renewed on or
after September 1, 2015.
(e) Not later than September 1, 2015, the commission and the
department shall implement the refinements identified under
Subsection (c)(2) to the metrics and methodology associated with
the withholding of funds from local mental health authorities for
use as performance-based incentive payments for the authorities.
(f) In the second phase of the review:
(1) the commission and the third party shall develop
outcome measures for inclusion in contracts with providers of
behavioral health services that are based on best practices in
performance measurement and contracting;
(2) the commission shall use a subset of priority
outcome measures from those developed under Subdivision (1) to
develop and implement incentive payments and financial sanctions
for inclusion in contracts with providers of behavioral health
services that are aligned with the models used by the commission for
purchasing health care services; and
(3) the commission and the department shall jointly:
(A) identify obstacles to the timely processing
of contracts with providers of behavioral health services and
determine ways to eliminate those obstacles; and
(B) determine ways to streamline contracts with
providers of behavioral health services, including the reporting
requirements for performance measures included in those contracts,
to minimize the administrative burden on providers of behavioral
health services, the commission, and the department.
(g) For a contract between the department and a provider of
behavioral health services that is entered into or renewed on or
after September 1, 2016, the commission and the department shall:
(1) include:
(A) the outcome measures developed under
Subsection (f)(1); and
(B) the incentive payments and financial
sanctions developed under Subsection (f)(2); and
(2) ensure that the contract is streamlined in
accordance with the commission's and department's determinations
under Subsection (f)(3)(B).
(h) In the third phase of the review, the commission shall
develop and make available to the public online, not later than
December 1, 2016, a web-based dashboard that enables the public to
make comparisons between behavioral health services providers.
(i) This section expires September 1, 2017.
SECTION 2.002. Section 533.0359(a), Health and Safety Code,
is amended to read as follows:
(a) In developing rules governing local mental health
authorities under Sections 533.035, [533.0351,] 533.03521,
533.0357, and 533.0358, the executive commissioner shall use
rulemaking procedures under Subchapter B, Chapter 2001, Government
Code.
SECTION 2.003. Subchapter B, Chapter 533, Health and Safety
Code, is amended by adding Section 533.0515 to read as follows:
Sec. 533.0515. REGIONAL ALLOCATION OF MENTAL HEALTH BEDS IN
STATE HOSPITALS. (a) The commission, with input from the local
mental health authorities and local behavioral health authorities,
and after considering any plan developed under Section 533.051,
shall divide the state into regions for the purpose of allocating to
each region beds in the state hospitals for patients who are:
(1) voluntarily admitted to a state hospital under
Subchapter B, Chapter 462, or Chapter 572;
(2) admitted to a state hospital for emergency
detention under Subchapter C, Chapter 462, or Chapter 573;
(3) ordered by a court to receive at a state hospital
inpatient chemical dependency treatment under Subchapter D,
Chapter 462, or inpatient mental health services under Chapter 574;
(4) committed to a state hospital to attain competency
to stand trial under Chapter 46B, Code of Criminal Procedure; or
(5) committed to a state hospital to receive inpatient
mental health services following an acquittal by reason of insanity
under Chapter 46C, Code of Criminal Procedure.
(b) The local mental health authorities and local
behavioral health authorities shall develop and submit to the
commission for approval a methodology for allocating to each region
designated under Subsection (a) a certain number of state hospital
beds for the patients described by Subsection (a). The commission
may approve the allocation methodology only if the authorities
demonstrate that the methodology fairly allocates state hospital
beds across the state.
(c) After the commission approves the allocation
methodology, the Department of State Health Services shall begin
allocating state hospital beds to the regions according to the
methodology.
(d) On a quarterly basis, the commission shall assess and
collect from each local mental health authority and local
behavioral health authority in a region a daily fee, in an amount
prescribed by rule by the executive commissioner, for each bed day
that a patient from that region and described by Subsection (a)
spends in a state hospital in excess of the number of state hospital
beds allocated to that region under Subsection (c).
(e) The commission shall distribute the fees collected
under Subsection (d) to the local mental health authorities and
local behavioral health authorities in each region in which
patients described by Subsection (a) underuse the state hospital
beds allocated to the region during the quarter. The commission
shall distribute the fees to the local mental health authorities
and local behavioral health authorities in proportion to the
underuse of state hospital beds in the regions in which the
authorities are located.
SECTION 2.004. Subchapter D, Chapter 533, Health and Safety
Code, is amended by adding Sections 533.088 and 533.089 to read as
follows:
Sec. 533.088. ESTABLISHMENT OF NEW FACILITY TYPES; FUNDING.
(a) In this section:
(1) "Department" means the Department of State Health
Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(b) The executive commissioner may adopt rules establishing
new types of community-based crisis and treatment facilities for
persons with mental health disorders, substance abuse disorders, or
co-occurring mental health and substance abuse disorders. A new
type of facility established by rule under this section must
provide mental health or substance abuse services to patients in a
residential setting and according to best practices.
(c) The department shall give priority in the award of state
funding for crisis and treatment facilities for persons with mental
health or substance abuse disorders to a facility that is approved
by the department to operate as a new facility type under Subsection
(b) or that otherwise delivers mental health or substance abuse
services in an innovative manner.
Sec. 533.089. REVIEW RELATING TO CERTAIN COMMUNITY-BASED
CRISIS AND TREATMENT FACILITIES. (a) In this section:
(1) "Department" means the Department of State Health
Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(b) The department shall conduct a comprehensive review of
department rules and department contract requirements governing
community-based crisis and treatment facilities for persons with
mental health and substance abuse disorders. As part of the review,
department regulatory staff, department behavioral health program
staff, and stakeholders shall work together to identify best
practices for and unnecessary barriers to the effective delivery of
mental health and substance abuse services by community-based
crisis and treatment facilities.
(c) The department shall:
(1) develop proposed rules based on the work of the
department staff and stakeholders in Subsection (b); and
(2) submit to the appropriate behavioral health
services advisory body designated by the executive commissioner the
proposed rules for the body's review.
(d) Not later than September 1, 2016, the executive
commissioner shall adopt rules relating to the delivery of mental
health and substance abuse services by community-based crisis and
treatment facilities after considering any recommendations made by
the advisory body under Subsection (c)(2). The rules may include
the establishment of new types of community-based crisis and
treatment facilities for persons with mental health disorders,
substance abuse disorders, or co-occurring mental health and
substance abuse disorders as authorized by Section 533.088.
(e) This section expires September 1, 2017.
SECTION 2.005. Subchapter D, Chapter 1001, Health and
Safety Code, is amended by adding Sections 1001.0731 and 1001.0732
to read as follows:
Sec. 1001.0731. CONTRACTING FOR CERTAIN FUNCTIONS RELATING
TO SUBSTANCE ABUSE. The department may contract only with local
mental health authorities and local behavioral health authorities
to administer outreach, screening, assessment, and referral
functions relating to the provision of substance abuse services.
Sec. 1001.0732. MENTAL HEALTH AND SUBSTANCE ABUSE HOTLINES.
The department shall ensure that each local mental health authority
and local behavioral health authority operates a toll-free
telephone hotline that enables a person to call a single hotline
number to obtain information from the authority about mental health
services, substance abuse services, or both.
SECTION 2.006. The following provisions are repealed:
(1) Section 7.030, Education Code;
(2) Section 461.017, Health and Safety Code; and
(3) Section 533.0351, Health and Safety Code.
SECTION 2.007. As soon as practicable after the effective
date of this Act, the Health and Human Services Commission shall
divide the state into regions and the local mental health
authorities and local behavioral health authorities shall develop
and submit to the commission for approval the state hospital bed
allocation methodology required by Section 533.0515, Health and
Safety Code, as added by this article. Before the commission
approves the methodology, the Department of State Health Services
shall continue to allocate beds in the state hospitals according to
the department's policy as it existed immediately before the
effective date of this Act, and the policy is continued in effect
for that purpose.
SECTION 2.008. Section 1001.0731, Health and Safety Code,
as added by this article, applies only to a contract that is entered
into or renewed on or after the effective date of this Act. A
contract that is entered into or renewed before that date is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
ARTICLE 3. EMERGENCY MEDICAL SERVICES REGULATION
SECTION 3.001. Section 773.050, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) The department may develop and administer at least twice
each calendar year a jurisprudence examination to determine the
knowledge that an applicant for an emergency medical services
provider license or emergency medical services personnel
certification has of this chapter, department rules, and any other
applicable laws affecting the applicant's activities regulated
under this chapter. Department rules must specify who must take the
examination on behalf of an entity applying for an emergency
medical services provider license.
SECTION 3.002. Section 773.0571, Health and Safety Code, as
amended by Chapters 1089 (H.B. 3556) and 1311 (S.B. 8), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The
department shall issue to an emergency medical services provider
applicant a license that is valid for two years if the department is
satisfied that:
(1) the applicant has adequate staff to meet the
staffing standards prescribed by this chapter and the rules adopted
under this chapter;
(2) each emergency medical services vehicle is
adequately constructed, equipped, maintained, and operated to
render basic or advanced life support services safely and
efficiently;
(3) the applicant offers safe and efficient services
for emergency prehospital care and transportation of patients;
(4) the applicant:
(A) possesses sufficient professional experience
and qualifications to provide emergency medical services; and
(B) has not been excluded from participation in
the state Medicaid program;
(5) the applicant holds a letter of approval issued
under Section 773.0573 by the governing body of the municipality or
the commissioners court of the county in which the applicant is
located and is applying to provide emergency medical services, as
applicable; [and]
(6) the applicant employs a medical director; [and]
(7) the applicant operates out of a physical location
in compliance with Section 773.05715;
(8) the applicant owns or has a long-term lease
agreement for all equipment necessary for safe operation of an
emergency medical services provider, as provided by Section
773.05716; and
(9) [(6)] the applicant complies with the rules
adopted under this chapter.
SECTION 3.003. Section 773.05713, Health and Safety Code,
is amended to read as follows:
Sec. 773.05713. REPORT TO LEGISLATURE. Not later than
December 1 of each even-numbered year, the department shall
electronically submit a report to the lieutenant governor, the
speaker of the house of representatives, and the standing
committees of the house and senate with jurisdiction over the
department on the effect of Sections 773.05711 and 773.05712 that
includes:
(1) the total number of applications for emergency
medical services provider licenses submitted to the department and
the number of applications for which licenses were issued or
licenses were denied by the department;
(2) the number of emergency medical services provider
licenses that were suspended or revoked by the department for
violations of those sections and a description of the types of
violations that led to the license suspension or revocation;
(3) the number of occurrences and types of fraud
committed by licensed emergency medical services providers related
to those sections;
(4) the number of complaints made against licensed
emergency medical services providers for violations of those
sections and a description of the types of complaints, reported in
the manner required by Section 773.0605(d); and
(5) the status of any coordination efforts of the
department and the Texas Medical Board related to those sections.
SECTION 3.004. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Sections 773.05715 and 773.05716 to read
as follows:
Sec. 773.05715. PHYSICAL LOCATION REQUIRED. (a) An
emergency medical services provider must have a permanent physical
location as the provider's primary place of business. An applicant
for an emergency medical services provider license must demonstrate
proof of the location of the primary place of business in the manner
required by the department.
(b) The physical location may be owned or leased by the
emergency medical services provider.
(c) The emergency medical services provider must remain in
the same physical location for the period of licensure, unless the
department approves a change in location.
(d) The emergency medical services provider must maintain
all patient care records in the physical location that is the
provider's primary place of business, unless the department
approves an alternate location.
(e) Only one emergency medical services provider may
operate out of a single physical location.
Sec. 773.05716. NECESSARY EQUIPMENT. (a) An emergency
medical services provider must own or hold a long-term lease for all
equipment necessary for the safe operation of an emergency medical
services provider, including emergency medical services vehicles,
heart rate monitors, defibrillators, stretchers, and any other
equipment the department determines is required.
(b) An applicant for an emergency medical services provider
license must demonstrate proof of compliance with this section in
the manner required by the department.
SECTION 3.005. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Section 773.0605 to read as follows:
Sec. 773.0605. COMPLAINTS AND INVESTIGATIONS. (a) The
department shall track and keep records of:
(1) each complaint received by the department
regarding emergency medical services providers and emergency
medical services personnel;
(2) each investigation initiated by the department
under this chapter; and
(3) each disciplinary action initiated by the
department under this chapter.
(b) The department shall develop a formal process to refer
complaints outside the department's jurisdiction to the
appropriate agency for disposition.
(c) The department shall track the types of complaints
received outside the department's jurisdiction. The department
shall separately track complaints outside the department's
jurisdiction relating to potential billing fraud and make
information relating to those complaints available to the
appropriate state agency.
(d) The department shall annually report statistical
information regarding each complaint received, and each
investigation or disciplinary action initiated, under this
chapter. The report must include:
(1) the reason and basis for each complaint;
(2) the origin of each investigation, including
whether the investigation:
(A) resulted from a complaint brought by a
consumer;
(B) resulted from a complaint brought by another
source; or
(C) was initiated by the department in the
absence of a complaint;
(3) the average time to resolve each complaint from
the date the complaint is received;
(4) the disposition of each investigation, including:
(A) the number of investigations commenced in
which no disciplinary action was taken, and the reasons no
disciplinary action was taken;
(B) the number of investigations resulting in
disciplinary action, and the disciplinary actions taken; and
(C) the number of complaints referred to another
agency for disposition; and
(5) the number, type, and age of each open
investigation at the end of each fiscal year.
(e) The department shall make the report required by
Subsection (d) available to the public through publication on the
department's website and on request.
SECTION 3.006. Section 773.0611, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The department may use an inspection performed by an
entity to which the department has delegated inspection authority
as a basis for a disciplinary action under Section 773.061.
SECTION 3.007. (a) The changes in law made by Sections
773.05715 and 773.05716, Health and Safety Code, as added by this
article, apply only to a person that applies for a license or renews
a license as an emergency medical services provider on or after the
effective date of this Act.
(b) The Department of State Health Services shall develop
the formal process required by Section 773.0605(b), Health and
Safety Code, as added by this article, as soon as practicable after
the effective date of this Act.
(c) The Department of State Health Services may use an
inspection performed by an entity to which the department has
delegated inspection authority as a basis for a disciplinary
action, as provided by Section 773.0611(d), Health and Safety Code,
as added by this article, regardless of whether the inspection was
performed before, on, or after the effective date of this Act.
ARTICLE 4. PUBLIC HEALTH SYSTEM
SECTION 4.001. Section 117.101(a), Health and Safety Code,
is amended to read as follows:
(a) The committee shall:
(1) define the core public health services a local
health entity should provide in a county or municipality;
(2) evaluate public health in this state and identify
initiatives for areas that need improvement;
(3) identify all funding sources available for use by
local health entities to perform core public health functions;
(4) establish public health policy priorities for this
state; and
(5) not later than November 30 of each even-numbered
year [at least annually], make formal recommendations to the
department regarding:
(A) the use and allocation of funds available
exclusively to local health entities to perform core public health
functions;
(B) ways to improve the overall public health of
citizens in this state;
(C) methods for transitioning from a contractual
relationship between the department and the local health entities
to a cooperative-agreement relationship between the department and
the local health entities; and
(D) methods for fostering a continuous
collaborative relationship between the department and the local
health entities.
SECTION 4.002. Section 117.103, Health and Safety Code, is
amended to read as follows:
Sec. 117.103. BIENNIAL [ANNUAL] REPORT. Not [Beginning in
2012, not] later than November 30 of each even-numbered year, the
committee shall file a report on the implementation of this chapter
with the governor, the lieutenant governor, and the speaker of the
house of representatives.
SECTION 4.003. The heading to Section 117.151, Health and
Safety Code, is amended to read as follows:
Sec. 117.151. BIENNIAL [ANNUAL] REPORT.
SECTION 4.004. Section 117.151(a), Health and Safety Code,
is amended to read as follows:
(a) Not [Beginning in 2012, not] later than November 30 of
each even-numbered year, the department shall file a [an annual]
report with the governor, the lieutenant governor, and the speaker
of the house of representatives detailing:
(1) the implementation of the committee's
recommendations for the previous biennium described in Section
117.101(a)(5); and
(2) an explanation of the department's reasons for not
implementing a recommendation.
SECTION 4.005. Subchapter D, Chapter 1001, Health and
Safety Code, is amended by adding Sections 1001.0785 and 1001.0786
to read as follows:
Sec. 1001.0785. INVENTORY OF PUBLIC HEALTH DUTIES. (a) The
department shall develop and periodically update a comprehensive
inventory of the roles, responsibilities, and capacity, relating to
public health services, of:
(1) the department's central office;
(2) each public health region designated under Section
121.007; and
(3) each local health department, district, and
authority in this state.
(b) The inventory under Subsection (a) must include:
(1) the specific services and programs each entity
currently provides; and
(2) the level of services provided.
(c) Using the inventory compiled under Subsection (a), the
department shall create and update a clear matrix of duties
specific to each region, indicating which duties are performed by
each entity listed in Subsection (a). The department shall clearly
delineate the division of duties between the department's central
office and the public health regions.
(d) To assist the department in updating the matrix under
Subsection (c), each entity described by Subsections (a)(2) and (3)
shall provide the department with information regarding any
significant change in public health services provided by that
entity.
(e) In creating the inventory and matrix of
responsibilities under this section, the department shall solicit
input from the Public Health Funding and Policy Committee
established under Section 117.051 and local health departments.
(f) The department shall biennially present the inventory
and matrix created or updated under this section at a meeting of the
Public Health Funding and Policy Committee and at a meeting of the
State Health Services Council.
(g) The department shall update the inventory and matrix
under this section not later than September 1 of each even-numbered
year.
Sec. 1001.0786. PUBLIC HEALTH ACTION PLAN. (a) The
department, in consultation with the Public Health Funding and
Policy Committee established under Section 117.051, shall:
(1) establish clear goals and statewide priorities for
developing and improving the public health services delivery system
in this state;
(2) develop an overarching vision for the department's
central office, each public health region designated under Section
121.007, and local health departments, districts, and authorities;
(3) develop goals and strategies for each region in
this state, with milestones, dates, performance measures, and
identification of the resources needed; and
(4) create a public health action plan with regional
strategies and milestones to achieve the goals described by
Subdivisions (1)-(3).
(b) The department shall complete an updated public health
action plan not later than November 30 of each even-numbered year
and present the plan, including progress on the goals established
in previous plans, to the Public Health Funding and Policy
Committee, the State Health Services Council, and the appropriate
standing committees of the legislature.
SECTION 4.006. The Department of State Health Services
shall submit the initial inventory required by Section 1001.0785,
Health and Safety Code, as added by this article, not later than
March 1, 2016.
ARTICLE 5. VITAL STATISTICS
SECTION 5.001. Subchapter A, Chapter 191, Health and Safety
Code, is amended by adding Section 191.0031 to read as follows:
Sec. 191.0031. CERTIFIED COPIES BY MAIL. The state
registrar or a local registrar may not issue a certified copy of a
record under this chapter to a person who has applied for the record
by mail unless the person has provided notarized proof of identity
in accordance with rules adopted by the executive commissioner of
the Health and Human Services Commission. The rules may require the
issuer of the certified copy to verify the notarization using the
records of the secretary of state under Section 406.012, Government
Code.
SECTION 5.002. Section 191.022, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) Each local registrar shall annually submit a
self-assessment report to the state registrar. The department
shall prescribe the information that must be included in the report
to allow a thorough desk audit of a local registrar.
SECTION 5.003. Chapter 191, Health and Safety Code, is
amended by adding Subchapter D to read as follows:
SUBCHAPTER D. ACCESS TO RECORDS
Sec. 191.071. CRIMINAL BACKGROUND CHECK REQUIRED. (a) A
person may not access vital records maintained by the department
under this chapter and may not access the department's vital
records electronic registration system unless the department, or
another person acting on behalf of the department, has conducted a
fingerprint-based criminal background check, using state and
federal databases, on the person in accordance with department
policy and the person's record is satisfactory as determined under
department policy.
(b) The department may adopt a policy waiving the
requirement of a fingerprint-based background check for a person
who previously submitted to a fingerprint-based background check as
a condition of licensure by a state agency.
SECTION 5.004. Section 411.110(a), Government Code, is
amended to read as follows:
(a) The Department of State Health Services is entitled to
obtain from the department criminal history record information
maintained by the department that relates to:
(1) a person who is:
(A) an applicant for a license or certificate
under the Emergency Medical Services Act (Chapter 773, Health and
Safety Code);
(B) an owner or manager of an applicant for an
emergency medical services provider license under that Act; or
(C) the holder of a license or certificate under
that Act;
(2) an applicant for a license or a license holder
under Subchapter N, Chapter 431, Health and Safety Code;
(3) an applicant for a license, the owner or manager of
an applicant for a massage establishment license, or a license
holder under Chapter 455, Occupations Code;
(4) an applicant for employment at or current employee
of:
(A) the Texas Center for Infectious Disease; or
(B) the South Texas Health Care System; [or]
(5) an applicant for employment at, current employee
of, or person who contracts or may contract to provide goods or
services with[:
[(A) the vital statistics unit of the Department
of State Health Services; or
[(B)] the Council on Sex Offender Treatment or
other division or component of the Department of State Health
Services that monitors sexually violent predators as described by
Section 841.003(a), Health and Safety Code; or
(6) a person authorized to access vital records or the
vital records electronic registration system under Chapter 191,
Health and Safety Code, including an employee of or contractor for
the Department of State Health Services, a local registrar, a
medical professional, or a funeral director.
SECTION 5.005. In prescribing the initial requirements for
local registrar self-assessment reports under Section 191.022(g),
Health and Safety Code, as added by this article, the Department of
State Health Services shall solicit comment from local registrars
in this state.
SECTION 5.006. The Department of State Health Services
shall prescribe policies necessary to implement Subchapter D,
Chapter 191, Health and Safety Code, as added by this article, to
take effect March 1, 2016.
ARTICLE 6. TEXAS HEALTH CARE INFORMATION COLLECTION PROGRAM
SECTION 6.001. Section 108.009, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (d-1) to
read as follows:
(a) The council may collect, and, except as provided by
Subsections [(c) and] (d) and (d-1), providers shall submit to the
council or another entity as determined by the council, all data
required by this section. The data shall be collected according to
uniform submission formats, coding systems, and other technical
specifications necessary to make the incoming data substantially
valid, consistent, compatible, and manageable using electronic
data processing, if available.
(d-1) A facility that has been granted a waiver by the
department under this subsection is not required to submit data as
required by this section. The executive commissioner shall adopt
rules to establish a process by which the department may grant a
waiver to exempt a facility from the requirements of this section if
the facility conducts not more than 600 procedures a year and does
not have information systems capable of automated reporting of
claims under this section. A waiver may be valid for not more than a
year and may be reissued upon a showing of evidence that the
facility continues to qualify for the waiver under this subsection.
SECTION 6.002. Chapter 108, Health and Safety Code, is
amended by adding Section 108.0145 to read as follows:
Sec. 108.0145. PROVIDER NOT LIABLE FOR RELEASE OF
INFORMATION. A provider that submits data under Section 108.009 is
not civilly or criminally liable for the use of the data under this
chapter or for a subsequent release of the data by the department or
another person.
SECTION 6.003. Section 108.016, Health and Safety Code, is
repealed.
ARTICLE 7. ABOLITION OF CERTAIN ADVISORY COMMITTEES, PANELS, AND
BOARDS
SECTION 7.001. (a) The Worksite Wellness Advisory Board is
abolished.
(b) Section 664.052, Government Code, is amended to read as
follows:
Sec. 664.052. RULES. The executive commissioner shall
adopt rules for the administration of this subchapter[, including
rules prescribing the frequency and location of board meetings].
(c) Section 664.058, Government Code, is amended to read as
follows:
Sec. 664.058. DONATIONS. The department [board] may
receive in-kind and monetary gifts, grants, and donations from
public and private donors to be used for the purposes of this
subchapter.
(d) Section 664.061(a), Government Code, is amended to read
as follows:
(a) A state agency may:
(1) allow each employee 30 minutes during normal
working hours for exercise three times each week;
(2) allow all employees to attend on-site wellness
seminars when offered;
(3) provide eight hours of additional leave time each
year to an employee who:
(A) receives a physical examination; and
(B) completes either an online health risk
assessment tool provided by the department [board] or a similar
health risk assessment conducted in person by a worksite wellness
coordinator;
(4) provide financial incentives, notwithstanding
Section 2113.201, for participation in a wellness program developed
under Section 664.053(e) after the agency establishes a written
policy with objective criteria for providing the incentives;
(5) offer on-site clinic or pharmacy services in
accordance with Subtitles B and J, Title 3, Occupations Code,
including the requirements regarding delegation of certain medical
acts under Chapter 157, Occupations Code; and
(6) adopt additional wellness policies, as determined
by the agency.
(e) Sections 664.051(1), 664.054, 664.055, 664.056,
664.057, 664.059, and 664.060(c) and (f), Government Code, are
repealed.
SECTION 7.002. (a) The Sickle Cell Advisory Committee is
abolished.
(b) Section 33.052, Health and Safety Code, is amended to
read as follows:
Sec. 33.052. DUTIES OF DEPARTMENT. The department shall[:
[(1)] identify efforts related to the expansion and
coordination of education, treatment, and continuity of care
programs for individuals with sickle cell trait and sickle cell
disease[;
[(2) assist the advisory committee created under
Section 33.053; and
[(3) provide the advisory committee created under
Section 33.053 with staff support necessary for the advisory
committee to fulfill its duties].
(c) Section 33.053, Health and Safety Code, is repealed.
SECTION 7.003. (a) The Arthritis Advisory Committee is
abolished.
(b) Section 97.007, Health and Safety Code, is repealed.
SECTION 7.004. (a) The Advisory Panel on Health
Care-Associated Infections and Preventable Adverse Events is
abolished.
(b) Section 536.002(b), Government Code, is amended to read
as follows:
(b) The executive commissioner shall appoint the members of
the advisory committee. The committee must consist of physicians
and other health care providers, representatives of health care
facilities, representatives of managed care organizations, and
other stakeholders interested in health care services provided in
this state, including:
(1) at least one member who is a physician with
clinical practice experience in obstetrics and gynecology;
(2) at least one member who is a physician with
clinical practice experience in pediatrics;
(3) at least one member who is a physician with
clinical practice experience in internal medicine or family
medicine;
(4) at least one member who is a physician with
clinical practice experience in geriatric medicine;
(5) at least three members who are or who represent a
health care provider that primarily provides long-term services and
supports; and
(6) at least one member who is a consumer
representative[; and
[(7) at least one member who is a member of the
Advisory Panel on Health Care-Associated Infections and
Preventable Adverse Events who meets the qualifications prescribed
by Section 98.052(a)(4), Health and Safety Code].
(c) The heading to Subchapter C, Chapter 98, Health and
Safety Code, is amended to read as follows:
SUBCHAPTER C. DUTIES OF DEPARTMENT [AND ADVISORY PANEL]; REPORTING
SYSTEM
(d) Section 98.1045(b), Health and Safety Code, is amended
to read as follows:
(b) The executive commissioner may exclude an adverse event
described by Subsection (a)(2) from the reporting requirement of
Subsection (a) if the executive commissioner [, in consultation
with the advisory panel,] determines that the adverse event is not
an appropriate indicator of a preventable adverse event.
(e) Section 98.105, Health and Safety Code, is amended to
read as follows:
Sec. 98.105. REPORTING SYSTEM MODIFICATIONS. The [Based on
the recommendations of the advisory panel, the] executive
commissioner by rule may modify in accordance with this chapter the
list of procedures that are reportable under Section 98.103. The
modifications must be based on changes in reporting guidelines and
in definitions established by the federal Centers for Disease
Control and Prevention.
(f) Section 98.106(c), Health and Safety Code, is amended to
read as follows:
(c) The [In consultation with the advisory panel, the]
department shall publish the departmental summary in a format that
is easy to read.
(g) Section 98.108(a), Health and Safety Code, is amended to
read as follows:
(a) The [In consultation with the advisory panel, the]
executive commissioner by rule shall establish the frequency of
reporting by health care facilities required under Sections 98.103
and 98.1045.
(h) The following provisions are repealed:
(1) Sections 98.001(1) and 98.002, Health and Safety
Code; and
(2) Subchapter B, Chapter 98, Health and Safety Code.
SECTION 7.005. (a) The Youth Camp Training Advisory
Committee is abolished.
(b) Section 141.0095(d), Health and Safety Code, is amended
to read as follows:
(d) In accordance with this section [and the criteria and
guidelines developed by the training advisory committee
established under Section 141.0096], the executive commissioner of
the Health and Human Services Commission by rule shall establish
criteria and guidelines for training and examination programs on
sexual abuse and child molestation. The department may approve
training and examination programs offered by trainers under
contract with youth camps or by online training organizations or
may approve programs offered in another format authorized by the
department.
(c) Section 141.0096, Health and Safety Code, is repealed.
SECTION 7.006. (a) The Texas Medical Child Abuse Resources
and Education System (MEDCARES) Advisory Committee is abolished.
(b) Section 1001.155, Health and Safety Code, as added by
Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular
Session, 2009, is reenacted and amended to read as follows:
Sec. 1001.155. REQUIRED REPORT. Not later than December 1
of each even-numbered year, the department [, with the assistance
of the advisory committee established under this subchapter,] shall
submit a report to the governor and the legislature regarding the
grant activities of the program and grant recipients, including the
results and outcomes of grants provided under this subchapter.
(c) Section 1001.153, Health and Safety Code, as added by
Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular
Session, 2009, is repealed.
SECTION 7.007. If an entity that is abolished by this
article has property, records, or other assets, the Health and
Human Services Commission shall take custody of the entity's
property, records, or other assets.
ARTICLE 8. REGULATORY PROGRAMS TRANSFERRED TO THE TEXAS DEPARTMENT
OF LICENSING AND REGULATION
PART 1. TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2017
SECTION 8.001. Section 203.002, Occupations Code, is
amended by adding Subdivision (1) and amending Subdivisions (3),
(4), (4-a), (6), and (9) to read as follows:
(1) "Advisory board" means the Midwives Advisory
Board.
(3) "Commission" ["Commissioner"] means the Texas
Commission of Licensing and Regulation [commissioner of state
health services].
(4) "Department" means the Texas Department of
Licensing and Regulation [State Health Services].
(4-a) "Executive director" [commissioner"] means the
executive director of the department [commissioner of the Health
and Human Services Commission].
(6) "Midwife" means a person who practices midwifery
and has met the licensing requirements established by this chapter
and commission [midwifery board] rules.
(9) "Normal" means, as applied to pregnancy, labor,
delivery, the postpartum period, and the newborn period, and as
defined by commission [midwifery board] rule, circumstances under
which a midwife has determined that a client is at a low risk of
developing complications.
SECTION 8.002. Section 203.005, Occupations Code, is
amended to read as follows:
Sec. 203.005. EFFECT ON LOCAL ORDINANCES. This chapter
does not prohibit a municipality from adopting a local ordinance or
rule to regulate the practice of midwifery in the municipality if
the ordinance or rule is compatible with and at least as strict as
this chapter and commission [midwifery board] rules.
SECTION 8.003. The heading to Subchapter B, Chapter 203,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. MIDWIVES ADVISORY [MIDWIFERY] BOARD
SECTION 8.004. Section 203.052, Occupations Code, is
amended to read as follows:
Sec. 203.052. ADVISORY [APPOINTMENT OF MIDWIFERY] BOARD
MEMBERSHIP. (a) The advisory [midwifery] board consists of nine
members appointed by the presiding officer of the commission with
the approval of the commission as follows:
(1) five licensed midwife members each of whom has at
least three years' experience in the practice of midwifery;
(2) one physician member who is certified by a
national professional organization of physicians that certifies
obstetricians and gynecologists;
(3) one physician member who is certified by a
national professional organization of physicians that certifies
family practitioners or pediatricians; and
(4) two members who represent the public and who are
not practicing or trained in a health care profession, one of whom
is a parent with at least one child born with the assistance of a
midwife.
(b) Appointments to the advisory [midwifery] board shall be
made without regard to the race, color, disability, sex, religion,
age, or national origin of the appointee.
SECTION 8.005. Subchapter B, Chapter 203, Occupations Code,
is amended by adding Section 203.0521 to read as follows:
Sec. 203.0521. DUTIES OF ADVISORY BOARD. The advisory
board shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
SECTION 8.006. Section 203.055, Occupations Code, is
amended to read as follows:
Sec. 203.055. TERMS; VACANCIES. (a) Members of the
advisory [midwifery] board serve for staggered terms of six years.
The terms of three members expire on January 31 of each odd-numbered
year.
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, shall appoint a replacement who meets the qualifications
for the vacant position to serve for the remainder of the term.
SECTION 8.007. Section 203.056, Occupations Code, is
amended to read as follows:
Sec. 203.056. PRESIDING OFFICER [OFFICERS]. The presiding
officer of the commission [commissioner] shall designate a public
member of the advisory [midwifery] board to serve as the presiding
officer of the advisory [midwifery] board to serve for a term of one
year [in that capacity at the pleasure of the commissioner]. The
presiding officer of the advisory board may vote on any matter
before the advisory board [midwifery board shall elect one of the
other members of the midwifery board as vice presiding officer].
SECTION 8.008. Section 203.059, Occupations Code, is
amended to read as follows:
Sec. 203.059. MEETINGS. [(a)] The advisory [midwifery]
board shall meet at [least semiannually.
[(b) The midwifery board shall meet at other times at] the
call of the presiding officer of the commission or the executive
director [midwifery board or the commissioner].
SECTION 8.009. The heading to Subchapter D, Chapter 203,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. POWERS AND DUTIES [OF MIDWIFERY BOARD, EXECUTIVE
COMMISSIONER, AND DEPARTMENT]
SECTION 8.010. The heading to Section 203.151, Occupations
Code, is amended to read as follows:
Sec. 203.151. GENERAL POWERS AND DUTIES [RULEMAKING
AUTHORITY OF MIDWIFERY BOARD].
SECTION 8.011. Section 203.151, Occupations Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) The executive director shall administer and enforce
this chapter.
(a-1) The commission [Subject to the approval of the
executive commissioner, the midwifery board] shall:
(1) [adopt substantive and procedural rules necessary
for the licensing of midwives;
[(2)] adopt rules prescribing the standards for the
practice of midwifery in this state, including standards for:
(A) the delineation of findings that preclude a
woman or newborn from being classified as having a normal
pregnancy, labor, delivery, postpartum period, or newborn period;
and
(B) administration of oxygen by a midwife to a
mother or newborn;
(2) [(3)] adopt rules prescribing:
(A) the type of courses and number of hours
required to meet the basic midwifery education course and
continuing midwifery education course requirements; and
(B) minimum standards for the approval and
revocation of approval of:
(i) basic midwifery education courses and
continuing midwifery education courses; and
(ii) instructors or facilities used in
basic midwifery education courses and continuing midwifery
education courses; and
(3) [(4) adopt rules prescribing a procedure for
reporting and processing complaints relating to the practice of
midwifery in this state;
[(5) adopt and implement substantive and procedural
rules as necessary to discipline midwives determined to be in
violation of this chapter or otherwise a threat to the public health
and safety;
[(6)] adopt rules as necessary to establish
eligibility for reciprocity for initial licensing under this
chapter[; and
[(7) adopt other rules necessary to implement a duty
imposed on the executive commissioner or the department under this
chapter].
(a-2) The department shall:
(1) implement rules governing:
(A) basic midwifery education courses and
continuing midwifery education courses; and
(B) approval of instructors or facilities used in
offering basic midwifery education courses and continuing
midwifery education courses;
(2) prepare and distribute basic midwifery
information and instructor manuals;
(3) enter into agreements necessary to carry out this
chapter; and
(4) establish a program for licensure as a midwife as
prescribed by commission rules.
SECTION 8.012. Section 203.152(b), Occupations Code, is
amended to read as follows:
(b) The commission [midwifery board] may not set a fee for
an amount less than the amount of that fee on September 1, 1993.
SECTION 8.013. Sections 203.153(a) and (c), Occupations
Code, are amended to read as follows:
(a) The [Subject to the approval of the] department [, the
midwifery board] shall issue basic information manuals for the
practice of midwifery [. The midwifery board shall approve the
basic information manuals] and instructor manuals that may be used
in basic midwifery education courses.
(c) A basic information manual must include information
about:
(1) the knowledge necessary to practice as a midwife;
(2) the basic education and continuing education
requirements for a midwife;
(3) the legal requirements and procedures relating to
midwifery;
(4) the standards of practice as a midwife; and
(5) other information or procedures required by the
commission [midwifery board] or the department.
SECTION 8.014. Section 203.154, Occupations Code, is
amended to read as follows:
Sec. 203.154. REPORTS ON MIDWIFERY. (a) [(c)] The
department [midwifery board] shall prepare and publish reports on
the practice of midwifery in this state.
(b) The Department of State Health Services shall publish a
[, including] statistical report [reporting] of infant fetal
morbidity and mortality.
SECTION 8.015. The heading to Section 203.155, Occupations
Code, is amended to read as follows:
Sec. 203.155. COMPLAINTS [COMPLAINT PROCEDURE AND
INVESTIGATION].
SECTION 8.016. Sections 203.155(b) and (d), Occupations
Code, are amended to read as follows:
(b) For purposes of Section 51.252, the commission must
adopt [The] rules to [adopted under Subsection (a) must:
[(1) distinguish among categories of complaints;
[(2) ensure that a person who files a complaint has an
opportunity to explain the allegations made in the complaint; and
[(3)] provide for the release of any relevant
midwifery or medical record to the department [midwifery board],
without the necessity of consent by the midwife's client, as
necessary to conduct an investigation of a complaint.
(d) The department [midwifery board] shall provide
reasonable assistance to a person who wishes to file a complaint
with the department regarding a person or activity regulated by
this chapter [midwifery board].
SECTION 8.017. Section 203.252(a), Occupations Code, is
amended to read as follows:
(a) A person qualifies to become a licensed midwife under
this chapter if the person provides the department [program
coordinator] with documentary evidence that the person has:
(1) satisfied each requirement for basic midwifery
education; and
(2) passed the comprehensive midwifery examination
and jurisprudence examination required by this chapter.
SECTION 8.018. Section 203.253, Occupations Code, is
amended to read as follows:
Sec. 203.253. LICENSE APPLICATION. A person who practices
midwifery must apply to the department to be licensed as a midwife
in the manner and on a form prescribed by the executive
director. The application must:
(1) be accompanied by a nonrefundable application fee;
and
(2) include information required by commission
[midwifery board] rules.
SECTION 8.019. Section 203.254, Occupations Code, is
amended to read as follows:
Sec. 203.254. BASIC MIDWIFERY EDUCATION. The commission
[Subject to the approval of the executive commissioner, the
midwifery board] shall establish requirements for basic midwifery
education.
SECTION 8.020. Section 203.255(a), Occupations Code, is
amended to read as follows:
(a) The department [midwifery board, with the approval of
the executive commissioner,] shall:
(1) adopt a comprehensive midwifery examination for
persons regulated under this chapter that must be passed before the
initial license may be issued; and
(2) establish eligibility requirements for persons
taking a comprehensive midwifery examination.
SECTION 8.021. Section 203.2555, Occupations Code, is
amended to read as follows:
Sec. 203.2555. JURISPRUDENCE EXAMINATION. (a) The
department [midwifery board] shall develop and administer at least
twice each calendar year a jurisprudence examination to determine
an applicant's knowledge of this chapter, commission [midwifery
board] rules under this chapter, and any other applicable laws of
this state affecting the applicant's midwifery practice.
(b) The commission [Subject to the approval of the executive
commissioner, the midwifery board] shall adopt rules to implement
this section, including rules related to the development and
administration of the examination, examination fees, guidelines
for reexamination, grading the examination, and providing notice of
examination results.
SECTION 8.022. Section 203.256, Occupations Code, is
amended to read as follows:
Sec. 203.256. TRAINING IN NEWBORN SCREENING AND BASIC LIFE
SUPPORT CARDIOPULMONARY RESUSCITATION. A person who practices
midwifery in this state must provide the department [program
coordinator] with satisfactory evidence that the person:
(1) is trained to perform the newborn screening tests
under Section 203.354 or has made arrangements for the performance
of those tests; and
(2) holds:
(A) a current certificate issued by the American
Heart Association in basic life support cardiopulmonary
resuscitation; or
(B) another form of certification acceptable to
the department that demonstrates proficiency in basic life support
cardiopulmonary resuscitation for adults and children.
SECTION 8.023. Section 203.304, Occupations Code, is
amended to read as follows:
Sec. 203.304. CONTINUING MIDWIFERY EDUCATION. (a) The
commission by rule [Subject to the approval of the executive
commissioner, the midwifery board] shall establish requirements
for continuing midwifery education, including a minimum number of
hours of continuing education required to renew a license under
this chapter.
(b) On renewal of the license, a midwife must provide the
department [program coordinator] with evidence, acceptable under
commission [midwifery board] rules, of completion of continuing
midwifery education as prescribed by the commission by rule
[midwifery board].
(c) The commission [midwifery board] by rule shall develop a
process to evaluate and approve continuing education courses.
SECTION 8.024. Section 203.305, Occupations Code, is
amended to read as follows:
Sec. 203.305. REQUIRED ATTENDANCE AT SPECIFIC MIDWIFERY
EDUCATION COURSES. The department [midwifery board] may assess the
continuing education needs of licensed midwives and may require
licensed midwives to attend continuing midwifery education courses
specified by the department [midwifery board].
SECTION 8.025. Section 203.306, Occupations Code, is
amended to read as follows:
Sec. 203.306. GROUNDS FOR REFUSING RENEWAL. The department
[midwifery board] may refuse to renew the license of a person who
fails to pay an administrative penalty [imposed under Subchapter
J,] unless enforcement of the penalty is stayed or a court has
ordered that the administrative penalty is not owed.
SECTION 8.026. Section 203.351(b), Occupations Code, is
amended to read as follows:
(b) The department [midwifery board] shall prescribe the
form of the informed choice and disclosure statement required to be
used by a midwife under this chapter. The form must include:
(1) statistics of the midwife's experience as a
midwife;
(2) the date the midwife's license expires;
(3) the date the midwife's cardiopulmonary
resuscitation certification expires;
(4) the midwife's compliance with continuing education
requirements;
(5) a description of medical backup arrangements; and
(6) the legal responsibilities of a midwife, including
statements concerning newborn blood screening, ophthalmia
neonatorum prevention, and prohibited acts under Sections
203.401-203.403.
SECTION 8.027. Section 203.352, Occupations Code, is
amended to read as follows:
Sec. 203.352. PRENATAL AND CERTAIN MEDICAL CARE ENCOURAGED.
A midwife shall encourage a client to seek:
(1) prenatal care; and
(2) medical care through consultation or referral, as
specified by commission [midwifery board] rules, if the midwife
determines that the pregnancy, labor, delivery, postpartum period,
or newborn period of a woman or newborn may not be classified as
normal for purposes of this chapter.
SECTION 8.028. Section 203.354(b), Occupations Code, is
amended to read as follows:
(b) A midwife may collect blood specimens for the newborn
screening tests if the midwife has been approved by the department
to collect the specimen. The commission [Subject to the approval
of the executive commissioner, the midwifery board] shall adopt
rules establishing the standards for approval. The standards must
recognize completion of a course of instruction that includes the
blood specimen collection procedure or verification by
appropriately trained health care providers that the midwife has
been instructed in the blood collection procedures.
SECTION 8.029. Section 203.355(b), Occupations Code, is
amended to read as follows:
(b) The Department of State Health Services [department]
and a local health department, a public health district, or a local
health unit shall provide clinical and laboratory support services
to a pregnant woman or a newborn who is a client of a midwife if the
midwife is required to provide the services under this chapter.
SECTION 8.030. Section 203.356(a), Occupations Code, is
amended to read as follows:
(a) A physician, a registered nurse, or other person who, on
the order of a physician, instructs a midwife in the approved
techniques for collecting blood specimens to be used for newborn
screening tests is immune from liability arising out of the failure
or refusal of the midwife to:
(1) collect the specimens in the approved manner; or
(2) submit the specimens to the Department of State
Health Services [department] in a timely manner.
SECTION 8.031. Sections 203.357(a) and (b), Occupations
Code, are amended to read as follows:
(a) The department [midwifery board] may require
information in addition to that required by Section 203.253 if it
determines the additional information is necessary and appropriate
to ascertain the nature and extent of midwifery in this state. The
department [midwifery board] may not require information regarding
any act that is prohibited under this chapter.
(b) The [With the approval of the midwifery board, the]
department shall prescribe forms for the additional information and
shall distribute those forms directly to each midwife. Each
midwife must complete and return the forms to the department as
requested.
SECTION 8.032. Section 203.401, Occupations Code, is
amended to read as follows:
Sec. 203.401. PROHIBITED PRACTICES. A midwife may not:
(1) provide midwifery care in violation of commission
[midwifery board] rule, except in an emergency that poses an
immediate threat to the life of a woman or newborn;
(2) administer a prescription drug to a client other
than:
(A) a drug administered under the supervision of
a licensed physician in accordance with state law;
(B) prophylaxis approved by the Department of
State Health Services [department] to prevent ophthalmia
neonatorum; or
(C) oxygen administered in accordance with
commission [midwifery board] rule;
(3) use forceps or a surgical instrument for a
procedure other than cutting the umbilical cord or providing
emergency first aid during delivery;
(4) remove placenta by invasive techniques;
(5) use a mechanical device or medicine to advance or
retard labor or delivery; or
(6) make on a birth certificate a false statement or
false record in violation of Section 195.003, Health and Safety
Code.
SECTION 8.033. Section 203.404, Occupations Code, is
amended to read as follows:
Sec. 203.404. GROUNDS FOR DISCIPLINARY ACTION. (a) The
commission or executive director [midwifery board] may discipline a
licensed midwife, refuse to renew a midwife's license, or refuse to
issue a license to an applicant if the person:
(1) violates this chapter or a rule adopted under this
chapter;
(2) submits false or misleading information to the
[midwifery board or the] department;
(3) is convicted of a misdemeanor involving moral
turpitude or a felony;
(4) uses alcohol or drugs intemperately;
(5) engages in unprofessional or dishonorable conduct
that may reasonably be determined to deceive or defraud the public;
(6) is unable to practice midwifery with reasonable
skill and safety because of illness, disability, or psychological
impairment;
(7) is determined by a court judgment to be mentally
impaired;
(8) submits a birth or death certificate known by the
person to be false or fraudulent or engages in another act that
violates Title 3, Health and Safety Code, or a rule adopted under
that title;
(9) violates Chapter 244, Health and Safety Code, or a
rule adopted under that chapter; or
(10) fails to practice midwifery in a manner
consistent with the public health and safety.
(b) The commission or executive director [midwifery board]
may discipline a licensed midwife and may refuse to issue a license
to an applicant for a disciplinary action taken by another
jurisdiction that affects the person's authority to practice
midwifery, including a suspension, a revocation, or another action.
SECTION 8.034. Section 203.406, Occupations Code, is
amended to read as follows:
Sec. 203.406. REFUND. (a) Subject to Subsection (b), the
commission or executive director [midwifery board] may order a
licensed midwife to pay a refund to a consumer as provided in an
agreed settlement, default order, or commission order [agreement
resulting from an informal settlement conference] instead of or in
addition to imposing an administrative penalty against the license
holder [under this chapter].
(b) The amount of a refund ordered [as provided in an
agreement resulting from an informal settlement conference] may not
exceed the amount the consumer paid to the licensed midwife for a
service regulated by this chapter. The commission or executive
director [midwifery board] may not require payment of other damages
or estimate harm in a refund order.
SECTION 8.035. Section 203.501(a), Occupations Code, is
amended to read as follows:
(a) A person is liable for a civil penalty if the person is
required to be licensed under this chapter and the person knowingly
or intentionally practices midwifery:
(1) without a license or while the license is
suspended or revoked; or
(2) in violation of a commission [midwifery board]
order.
SECTION 8.036. Section 203.502(b), Occupations Code, is
amended to read as follows:
(b) If the executive director [commissioner] or a health
authority determines that a person has violated this chapter the
executive director may institute an action as described by Section
51.352 [and that the violation creates an immediate threat to the
health and safety of the public, the commissioner or the health
authority, with the concurrence of the commissioner, may request
the attorney general or a district, county, or city attorney to
bring an action in a district court for a restraining order to
restrain the violation].
SECTION 8.037. Section 203.503(a), Occupations Code, is
amended to read as follows:
(a) Venue for a civil action arising out of the imposition
of an administrative penalty [brought under Section 203.451 or
203.452] is in the county in which the defendant resides or in the
county in which the violation occurred.
SECTION 8.038. Section 203.505(b), Occupations Code, is
amended to read as follows:
(b) A violation of a cease and desist [an] order issued by
the executive director [under this section] constitutes grounds for
imposing an administrative penalty [under Subchapter J].
SECTION 8.039. Section 401.001, Occupations Code, is
amended by amending Subdivisions (1), (3), (4), and (4-a) and
adding Subdivisions (1-a) and (4-b) to read as follows:
(1) "Advisory board" means the Speech-Language
Pathologists and Audiologists Advisory Board.
(1-a) "Audiologist" means a person who meets the
qualifications of this chapter to practice audiology.
(3) "Commission" ["Board"] means the Texas Commission
of Licensing and Regulation [State Board of Examiners for
Speech-Language Pathology and Audiology].
(4) "Department" means the Texas Department of
Licensing and Regulation [State Health Services].
(4-a) "Executive director" means the executive
director of the department.
(4-b) "Hearing instrument" has the meaning assigned by
Section 402.001.
SECTION 8.040. Section 401.052, Occupations Code, is
amended to read as follows:
Sec. 401.052. NURSES. This chapter does not prevent or
restrict a communication, speech, language, or hearing screening,
as defined by commission [board] rule, from being conducted by a
registered nurse:
(1) licensed in this state; and
(2) practicing in accordance with the standards of
professional conduct and ethics established by rules adopted by the
Texas Board of Nursing.
SECTION 8.041. Section 401.053, Occupations Code, is
amended to read as follows:
Sec. 401.053. PERSONS TRAINED BY DEPARTMENT OF STATE HEALTH
SERVICES. (a) This chapter does not apply to a person who shows
evidence of having received training by the Department of State
Health Services [department] in a communication, speech, language,
or hearing screening training program approved by that [the]
department if the person's activity is limited to screening as
defined by commission [board] rule.
(b) A person who has received training by the Department of
State Health Services [department] in a program under Subsection
(a) may not:
(1) practice speech-language pathology or audiology;
or
(2) represent that the person is a speech-language
pathologist or audiologist.
SECTION 8.042. Sections 401.054(b), (c), and (d),
Occupations Code, are amended to read as follows:
(b) The Texas Education Agency certificate in
speech-language pathology must require an applicant to:
(1) hold a master's degree in communicative disorders
or the equivalent from a university program accredited by the
American Speech-Language-Hearing Association; and
(2) pass a national examination in speech-language
pathology or audiology approved by the department [board].
(c) A person affected by this section who performs work as a
speech-language pathologist or audiologist in addition to
performing the person's duties within an agency, institution, or
organization under the jurisdiction of the Texas Education Agency
is required to hold a license issued by the department [board]
unless that work is limited to speech and hearing screening
procedures performed without compensation.
(d) For the purposes of Subsection (b)(1), an applicant's
educational credentials are equivalent to a master's degree in
communicative disorders if the credentials:
(1) consist of graduate-level course work and
practicum from a program accredited by the American
Speech-Language-Hearing Association; and
(2) meet requirements that are the same as those
established by the department [board] for a license in
speech-language pathology or audiology.
SECTION 8.043. The heading to Subchapter C, Chapter 401,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. [STATE BOARD OF EXAMINERS FOR] SPEECH-LANGUAGE
PATHOLOGISTS [PATHOLOGY] AND AUDIOLOGISTS ADVISORY BOARD
[AUDIOLOGY]
SECTION 8.044. Section 401.102, Occupations Code, is
amended to read as follows:
Sec. 401.102. ADVISORY BOARD MEMBERSHIP. (a) The advisory
board consists of nine members appointed by the presiding officer
of the commission with the approval of the commission [governor] as
follows:
(1) three audiologist members;
(2) three speech-language pathologist members; and
(3) three members who represent the public.
(b) Advisory board [Board] members must:
(1) have been a resident of this state for the two
years preceding the date of appointment;
(2) be from the various geographic regions of the
state; and
(3) be from varying employment settings.
(c) The advisory board members appointed under Subsections
(a)(1) and (2) must:
(1) have been engaged in teaching, research, or
providing services in speech-language pathology or audiology for at
least five years; and
(2) be licensed under this chapter.
(d) One of the public advisory board members must be a
physician licensed in this state and certified in otolaryngology or
pediatrics.
(e) Appointments to the advisory board shall be made without
regard to the race, creed, sex, religion, or national origin of the
appointee.
SECTION 8.045. Subchapter C, Chapter 401, Occupations Code,
is amended by adding Section 401.10205 to read as follows:
Sec. 401.10205. DUTIES OF ADVISORY BOARD. The advisory
board shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
SECTION 8.046. The heading to Section 401.105, Occupations
Code, is amended to read as follows:
Sec. 401.105. TERMS; VACANCIES.
SECTION 8.047. Section 401.105(b), Occupations Code, is
amended to read as follows:
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, shall appoint a replacement who meets the qualifications
for the vacant position to serve for the remainder of the term [A
person may not be appointed to serve more than two consecutive
terms].
SECTION 8.048. Section 401.107, Occupations Code, is
amended to read as follows:
Sec. 401.107. PRESIDING OFFICER [BOARD OFFICERS]. (a) The
presiding officer of the commission [governor] shall designate a
member of the advisory board to serve as the presiding officer of
the advisory board for a term of one year [to serve in that capacity
at the will of the governor].
(b) The presiding officer of the advisory board may vote on
any matter before the advisory board [must hold a license under this
chapter].
SECTION 8.049. Section 401.108, Occupations Code, is
amended to read as follows:
Sec. 401.108. MEETINGS. [(a)] The advisory board shall
meet [hold at least two regular meetings each year.
[(b) Additional meetings may be held] at the call of the
presiding officer of the commission or the executive director [on
the written request of any three members of the board].
SECTION 8.050. The heading to Subchapter E, Chapter 401,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. [BOARD AND DEPARTMENT] POWERS AND DUTIES
SECTION 8.051. Section 401.201, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The executive director shall administer and enforce
this chapter.
(a-1) The [With the assistance of the] department [, the
board] shall:
(1) [administer, coordinate, and enforce this
chapter;
[(2)] evaluate the qualifications of license
applicants;
(2) [(3)] provide for the examination of license
applicants;
(3) [(4)] in connection with a hearing under this
chapter [Section 401.454], issue subpoenas, examine witnesses, and
administer oaths under the laws of this state; and
(4) [(5) conduct hearings and keep records and
minutes necessary to the orderly administration of this chapter;
and
[(6)] investigate persons engaging in practices that
violate this chapter.
SECTION 8.052. Section 401.202, Occupations Code, is
amended to read as follows:
Sec. 401.202. STANDARDS OF ETHICAL PRACTICE [RULEMAKING
AUTHORITY]. The commission [board] shall adopt rules under
[necessary to administer and enforce] this chapter[, including
rules] that establish standards of ethical practice.
SECTION 8.053. Section 401.2021, Occupations Code, is
amended to read as follows:
Sec. 401.2021. [JOINT] RULES FOR HEARING
INSTRUMENTS. With the assistance of the advisory [department,
the] board and the Hearing Instrument Fitters and Dispensers
Advisory Board, the commission [State Committee of Examiners in the
Fitting and Dispensing of Hearing Instruments] shall [jointly]
adopt rules to establish requirements for each sale of a hearing
instrument for purposes of this chapter and Chapter 402. The rules
must:
(1) address:
(A) the information and other provisions
required in each written contract for the purchase of a hearing
instrument;
(B) records that must be retained under this
chapter or Chapter 402; and
(C) guidelines for the 30-day trial period during
which a person may cancel the purchase of a hearing instrument; and
(2) require that the written contract and 30-day trial
period information provided to a purchaser of a hearing instrument
be in plain language designed to be easily understood by the average
consumer.
SECTION 8.054. Section 401.2022, Occupations Code, is
amended to read as follows:
Sec. 401.2022. [JOINT] RULES FOR FITTING AND DISPENSING OF
HEARING INSTRUMENTS BY TELEPRACTICE. (a) In this section,
"telepractice" means the use of telecommunications technology by a
license holder for an assessment, intervention, or consultation
regarding a speech-language pathology or audiology client.
(b) With the assistance of the advisory [department, the]
board and the Hearing Instrument Fitters and Dispensers Advisory
Board, the commission [State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments] shall [jointly] adopt rules
to establish requirements for the fitting and dispensing of hearing
instruments by the use of telepractice for purposes of this chapter
and Chapter 402, including rules that establish the qualifications
and duties of license holders who use telepractice.
SECTION 8.055. The heading to Section 401.203, Occupations
Code, is amended to read as follows:
Sec. 401.203. ASSISTANCE FILING COMPLAINT [BOARD DUTIES
REGARDING COMPLAINTS].
SECTION 8.056. Section 401.203(c), Occupations Code, is
amended to read as follows:
(c) The department [board] shall provide reasonable
assistance to a person who wishes to file a complaint with the
department regarding a person or activity regulated under this
chapter [board].
SECTION 8.057. Section 401.251, Occupations Code, is
amended to read as follows:
Sec. 401.251. TELEPHONE NUMBER FOR COMPLAINTS. The
department [board] shall list with its regular telephone number any
toll-free telephone number established under other state law that
may be called to present a complaint about a health professional.
SECTION 8.058. The heading to Section 401.253, Occupations
Code, is amended to read as follows:
Sec. 401.253. [GENERAL] RULES REGARDING USE OF PRIVATE
INVESTIGATOR [REGARDING COMPLAINT INVESTIGATION AND DISPOSITION].
SECTION 8.059. Section 401.253(a), Occupations Code, is
amended to read as follows:
(a) For purposes of Section 51.252, the commission must [The
board shall] adopt rules to [concerning the investigation of a
complaint filed with the board. The rules must:
[(1) distinguish among categories of complaints;
[(2) ensure that a complaint is not dismissed without
appropriate consideration;
[(3) require that the board be advised of a complaint
that is dismissed and that a letter be sent to the person who filed
the complaint explaining the action taken on the dismissed
complaint;
[(4) ensure that the person who filed the complaint
has an opportunity to explain the allegations made in the
complaint; and
[(5)] prescribe guidelines concerning the categories
of complaints under this chapter that require the use of a private
investigator and the procedures for the department [board] to
obtain the services of a private investigator.
SECTION 8.060. The heading to Section 401.2535, Occupations
Code, is amended to read as follows:
Sec. 401.2535. CONFIDENTIALITY OF COMPLAINT AND
DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].
SECTION 8.061. Sections 401.2535(h) and (i), Occupations
Code, are amended to read as follows:
(h) All information and materials subpoenaed or compiled by
the department [board] in connection with a complaint and
investigation are confidential and not subject to disclosure under
Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the department [board] or its
employees or agents involved in discipline of the holder of a
license, except that this information may be disclosed to:
(1) persons involved with the department [board] in a
disciplinary action against the holder of a license;
(2) professional speech-language pathologist and
audiologist licensing or disciplinary boards in other
jurisdictions;
(3) peer assistance programs approved by the
commission [board] under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the department [board]
against a holder of a license, the nature of those charges,
disciplinary proceedings of the department, commission, or
executive director [board], and final disciplinary actions,
including warnings and reprimands, by the department, commission,
or executive director [board] are not confidential and are subject
to disclosure in accordance with Chapter 552, Government Code.
SECTION 8.062. Section 401.302, Occupations Code, is
amended to read as follows:
Sec. 401.302. ISSUANCE OF LICENSE. (a) The department
[board] shall issue a license to an applicant who meets the
requirements of this chapter and who pays to the department [board]
the initial nonrefundable license fee.
(b) The department [board] may issue to an applicant a
license in either speech-language pathology or audiology.
(c) The department [board] may issue a license in both
speech-language pathology and audiology to an applicant.
(d) The commission [board] by rule shall establish
qualifications for dual licensing in speech-language pathology and
audiology and may develop a full range of licensing options and
establish rules for qualifications.
SECTION 8.063. Section 401.303(a), Occupations Code, is
amended to read as follows:
(a) A person who desires a license under this chapter must
apply to the department [board] on a form and in the manner
prescribed by the executive director [board prescribes].
SECTION 8.064. Sections 401.304(a) and (c), Occupations
Code, are amended to read as follows:
(a) To be eligible for licensing as a speech-language
pathologist or audiologist, an applicant must:
(1) if the application is for a license in:
(A) speech-language pathology, possess at least
a master's degree with a major in at least one of the areas of
communicative sciences or disorders from a program accredited by a
national accrediting organization that is approved by the
commission or department [board] and recognized by the United
States secretary of education under the Higher Education Act of
1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved
college or university; or
(B) audiology, possess at least a doctoral degree
in audiology or a related hearing science from a program accredited
by a national accrediting organization that is approved by the
commission or department [board] and recognized by the United
States secretary of education under the Higher Education Act of
1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved
college or university;
(2) submit a transcript from a public or private
institution of higher learning showing successful completion of
course work in amounts set by the commission by rule [board] in:
(A) normal development and use of speech,
language, and hearing;
(B) evaluation, habilitation, and rehabilitation
of speech, language, and hearing disorders; and
(C) related fields that augment the work of
clinical practitioners of speech-language pathology and audiology;
(3) have successfully completed at least 36 semester
hours in courses that are acceptable toward a graduate degree by the
college or university in which the courses are taken, at least 24 of
which must be in the professional area for which the license is
requested;
(4) have completed the minimum number of hours,
established by the commission by rule [board], of supervised
clinical experience with persons who present a variety of
communication disorders; and
(5) have completed the full-time supervised
professional experience, as defined by commission [board] rule, in
which clinical work has been accomplished in the major professional
area for which the license is being sought.
(c) Supervised professional experience under Subsection
(a)(5) must:
(1) be under the supervision of a qualified person
acceptable to the department [board] under guidelines approved by
the commission [board]; and
(2) begin after completion of the academic and
clinical experience required by this section.
SECTION 8.065. Section 401.3041, Occupations Code, is
amended to read as follows:
Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE. (a) The department [board]
shall require that an applicant for a license submit a complete and
legible set of fingerprints, on a form prescribed by the department
[board], to the department [board] or to the Department of Public
Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
(b) The department [board] may not issue a license to a
person who does not comply with the requirement of Subsection (a).
(c) The department [board] shall conduct a criminal history
check of each applicant for a license using information:
(1) provided by the individual under this section; and
(2) made available to the department [board] by the
Department of Public Safety, the Federal Bureau of Investigation,
and any other criminal justice agency under Chapter 411, Government
Code.
(d) The department [Department of State Health Services on
behalf of the board] may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history check required under
this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history check.
SECTION 8.066. Section 401.305, Occupations Code, is
amended to read as follows:
Sec. 401.305. EXAMINATION. (a) To obtain a license, an
applicant must:
(1) pass an [a validated] examination approved by the
commission by rule [board]; and
(2) pay fees in a manner prescribed by the commission
by rule [board].
(b) The department [board] shall [:
[(1)] administer an examination at least twice each
year.
(b-1) The commission by rule shall [;
[(2)] determine standards for acceptable performance
on the examination [; and
[(3) maintain a record of all examination scores for
at least two years after the date of examination].
(c) The commission [board] by rule may:
(1) establish procedures for the administration of the
examination; and
(2) require a written or oral examination, or both.
(d) The commission by rule [board] may require the
examination of [examine] an applicant in any theoretical or applied
field of speech-language pathology or audiology it considers
appropriate. The commission by rule [board] may require the
examination of [examine] an applicant on professional skills and
judgment in the use of speech-language pathology or audiology
techniques or methods.
SECTION 8.067. Section 401.307(b), Occupations Code, is
amended to read as follows:
(b) An applicant who fails two examinations may not be
reexamined until the person:
(1) submits a new application accompanied by a
nonrefundable application fee; and
(2) presents evidence acceptable to the department
[board] of additional study in the area for which a license is
sought.
SECTION 8.068. Section 401.308, Occupations Code, is
amended to read as follows:
Sec. 401.308. PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL
COMPETENCE WAIVER. (a) The department [board] may grant a
provisional license to an applicant who:
(1) is licensed in good standing as a speech-language
pathologist or an audiologist in another state that has licensing
requirements that are substantially equivalent to the requirements
of this chapter;
(2) has passed a national or other examination
recognized by the department [board] relating to speech-language
pathology or audiology; and
(3) is sponsored by a license holder with whom the
provisional license holder may practice under this section.
(b) An applicant for a provisional license may be excused
from the requirement of Subsection (a)(3) if the department [board]
determines that compliance with that requirement is a hardship to
the applicant.
(c) A provisional license is valid until the date the
department [board] approves or denies the provisional license
holder's application for a license.
(d) The department [board] shall issue a license under this
chapter to a provisional license holder:
(1) who passes the examination required by Section
401.305;
(2) for whom the department [board] verifies
satisfaction of the academic and experience requirements for a
license under this chapter; and
(3) who satisfies any other license requirements under
this chapter.
(e) The department [board] shall complete the processing of
a provisional license holder's application for a license not later
than the 180th day after the date the provisional license is issued.
(f) The department [board] may waive the examination
requirement and issue a license to an applicant who holds the
Certificate of Clinical Competence of the American
Speech-Language-Hearing Association.
SECTION 8.069. Section 401.310(a), Occupations Code, is
amended to read as follows:
(a) The department [board] shall issue a temporary
certificate of registration to an applicant who:
(1) satisfies the requirements of Section 401.304;
(2) has not previously applied to take the
examination; and
(3) pays the nonrefundable application fee.
SECTION 8.070. Section 401.311(c), Occupations Code, is
amended to read as follows:
(c) The commission [board] by rule shall:
(1) prescribe the terms governing a person's practice
as an intern under this section; and
(2) establish general guidelines and renewal
procedures for the holder of an intern license.
SECTION 8.071. Sections 401.312(a) and (b), Occupations
Code, are amended to read as follows:
(a) The commission by rule [board] may establish minimum
qualifications for licensed assistants in speech-language
pathology and in audiology.
(b) A licensed assistant in speech-language pathology or in
audiology must meet the minimum qualifications established by the
commission [board].
SECTION 8.072. Section 401.352(a), Occupations Code, is
amended to read as follows:
(a) Each licensed speech-language pathologist or
audiologist must annually pay the nonrefundable fee for license
renewal. [The board shall allow a 60-day grace period. After
expiration of the grace period, the board may renew a license on
payment of a penalty set by board rule.]
SECTION 8.073. Section 401.355, Occupations Code, is
amended to read as follows:
Sec. 401.355. CONTINUING EDUCATION. (a) The commission by
rule [board] shall establish uniform mandatory continuing
education requirements. A license holder may not renew the
person's license unless the person meets the continuing education
requirements.
(b) The commission [board] shall establish the requirements
in a manner that allows a license holder to comply without an
extended absence from the license holder's county of residence.
SECTION 8.074. Section 401.401(c), Occupations Code, is
amended to read as follows:
(c) The commission [board] shall adopt rules necessary to
enforce this section.
SECTION 8.075. Section 401.403(b), Occupations Code, is
amended to read as follows:
(b) A person who meets the requirements of this chapter for
licensing as an audiologist or audiologist intern and who fits and
dispenses hearing instruments must:
(1) register with the department [board] the person's
intention to fit and dispense hearing instruments;
(2) comply with the profession's code of ethics;
(3) comply with the federal Food and Drug
Administration guidelines for fitting and dispensing hearing
instruments;
(4) when providing services in this state, use a
written contract that contains the department's [board's] name,
mailing address, and telephone number; and
(5) follow the guidelines adopted by commission
[board] rule for a 30-day trial period on every hearing instrument
purchased.
SECTION 8.076. Section 401.451(a), Occupations Code, is
amended to read as follows:
(a) After a hearing, the commission or executive director
[board] may deny a license to an applicant or may suspend or revoke
a person's license or place on probation a license holder if the
applicant or license holder:
(1) violates this chapter or an order issued or rule
adopted under this chapter [of the board];
(2) obtains a license by means of fraud,
misrepresentation, or concealment of a material fact;
(3) sells, barters, or offers to sell or barter a
license or certificate of registration; or
(4) engages in unprofessional conduct that:
(A) endangers or is likely to endanger the
health, welfare, or safety of the public as defined by commission
[board] rule; or
(B) violates the code of ethics adopted and
published by the commission [board].
SECTION 8.077. Section 401.453(a), Occupations Code, is
amended to read as follows:
(a) The commission or department [board] may deny a license
or may suspend or revoke a license if the applicant or license
holder has been convicted of a misdemeanor involving moral
turpitude or a felony. The commission or department [board] may
take action authorized by this section when:
(1) the time for appeal of the person's conviction has
elapsed;
(2) the judgment or conviction has been affirmed on
appeal; or
(3) an order granting probation is made suspending the
imposition of the person's sentence, without regard to whether a
subsequent order:
(A) allows a withdrawal of a plea of guilty;
(B) sets aside a verdict of guilty; or
(C) dismisses an information or indictment.
SECTION 8.078. Section 401.5021, Occupations Code, is
amended to read as follows:
Sec. 401.5021. [BOARD-ORDERED] REFUND. The commission or
executive director [board] may order an audiologist to pay a refund
to a consumer who returns a hearing instrument during the 30-day
trial period required by rules adopted under Section 401.2021.
SECTION 8.079. Section 401.552(a), Occupations Code, is
amended to read as follows:
(a) The amount of an [the] administrative penalty imposed
for a violation of this chapter or a rule adopted or order issued
under this chapter may not be less than $50 or more than $5,000 for
each violation. Each day a violation continues or occurs is a
separate violation for the purpose of imposing a penalty.
SECTION 8.080. Section 402.001, Occupations Code, is
amended by amending Subdivisions (1), (2), (3), and (6) and adding
Subdivision (3-a) to read as follows:
(1) "Advisory board" ["Board"] means the Hearing
Instrument Fitters and Dispensers Advisory Board [executive
commissioner of the Health and Human Services Commission].
(2) "Commission" ["Committee"] means the Texas
Commission of Licensing and Regulation [State Committee of
Examiners in the Fitting and Dispensing of Hearing Instruments].
(3) "Department" means the Texas Department of
Licensing and Regulation [State Health Services].
(3-a) "Executive director" means the executive
director of the department.
(6) "License" means a license issued by the department
[committee] under this chapter to a person authorized to fit and
dispense hearing instruments.
SECTION 8.081. The heading to Subchapter B, Chapter 402,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY
BOARD [STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING
OF HEARING INSTRUMENTS]
SECTION 8.082. Section 402.051, Occupations Code, is
amended to read as follows:
Sec. 402.051. ADVISORY BOARD [COMMITTEE;] MEMBERSHIP. (a)
The advisory board [State Committee of Examiners in the Fitting and
Dispensing of Hearing Instruments is part of the department and]
consists of nine members appointed by the presiding officer of the
commission [governor] with the approval [advice and consent] of the
commission [senate] as follows:
(1) six members licensed under this chapter who have
been residents of this state actually engaged in fitting and
dispensing hearing instruments for at least five years preceding
appointment, not more than one of whom may be licensed under Chapter
401;
(2) one member who is actively practicing as a
physician licensed by the Texas Medical [State] Board [of Medical
Examiners] and who:
(A) has been a resident of this state for at least
two years preceding appointment;
(B) is a citizen of the United States; and
(C) specializes in the practice of
otolaryngology; and
(3) two members of the public.
(b) Appointments to the advisory board [committee] shall be
made without regard to the race, creed, sex, religion, or national
origin of the appointee.
SECTION 8.083. Subchapter B, Chapter 402, Occupations Code,
is amended by adding Section 402.0511 to read as follows:
Sec. 402.0511. DUTIES OF ADVISORY BOARD. The advisory
board shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
SECTION 8.084. Section 402.055, Occupations Code, is
amended to read as follows:
Sec. 402.055. TERMS; VACANCIES. (a) Members of the
advisory board [committee] serve staggered six-year terms. The
terms of three members expire on February 1 of each odd-numbered
year.
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, shall appoint a replacement who meets the qualifications
for the vacant position to serve for the remainder of the term [A
member who has served two full consecutive terms on the committee is
not eligible for reappointment to the committee for the 12 months
following the expiration of the second full term].
[(c) In the event of the death, resignation, or removal of a
member, the governor shall fill the vacancy of the unexpired term in
the same manner as other appointments.]
SECTION 8.085. Section 402.057, Occupations Code, is
amended to read as follows:
Sec. 402.057. PRESIDING OFFICER [OFFICERS]. [(a)] The
presiding officer of the commission [governor] shall designate a
member of the advisory board to serve [committee] as the presiding
officer of the advisory board for a term of [committee to serve in
that capacity at the will of the governor.
[(b) The term of office as an officer of the committee is]
one year. The presiding officer of the advisory board may vote on
any matter before the advisory board.
SECTION 8.086. Section 402.058, Occupations Code, is
amended to read as follows:
Sec. 402.058. MEETINGS. [(a)] The advisory board
[committee] shall meet [hold regular meetings at least twice a
year.
[(b) A special meeting of the committee shall be held] at
the call of the presiding officer of the commission or the executive
director [a majority of the members].
SECTION 8.087. The heading to Subchapter C, Chapter 402,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. [COMMITTEE] POWERS AND DUTIES
SECTION 8.088. Section 402.101, Occupations Code, is
amended to read as follows:
Sec. 402.101. GENERAL POWERS AND DUTIES. (a) The executive
director [With the assistance of the department, the committee]
shall[:
[(1)] administer [, coordinate,] and enforce this
chapter.
(b) The department shall:
(1) [;
[(2)] evaluate the qualifications of applicants;
(2) [(3)] examine applicants; and
(3) [(4)] in connection with a hearing under this
chapter [Section 402.502], issue subpoenas, examine witnesses, and
administer oaths under the laws of this state[; and
[(5) conduct hearings and keep records and minutes
necessary to the orderly administration of this chapter].
SECTION 8.089. Section 402.1021, Occupations Code, is
amended to read as follows:
Sec. 402.1021. [JOINT] RULES FOR HEARING
INSTRUMENTS. With the assistance of the advisory board and the
Speech-Language Pathologists and Audiologists Advisory Board
[department], the commission [committee and the State Board of
Examiners for Speech-Language Pathology and Audiology] shall
[jointly] adopt rules to establish requirements for each sale of a
hearing instrument for purposes of this chapter and Chapter
401. The rules must:
(1) address:
(A) the information and other provisions
required in each written contract for the purchase of a hearing
instrument;
(B) records that must be retained under this
chapter or Chapter 401; and
(C) guidelines for the 30-day trial period during
which a person may cancel the purchase of a hearing instrument; and
(2) require that the written contract and 30-day trial
period information provided to a purchaser of a hearing instrument
be in plain language designed to be easily understood by the average
consumer.
SECTION 8.090. Section 402.1023, Occupations Code, is
amended to read as follows:
Sec. 402.1023. [JOINT] RULES FOR FITTING AND DISPENSING OF
HEARING INSTRUMENTS BY TELEPRACTICE. (a) In this section,
"telepractice" means the use of telecommunications technology by a
license holder for the fitting and dispensing of hearing
instruments.
(b) With the assistance of the advisory board and the
Speech-Language Pathologists and Audiologists Advisory Board
[department], the commission [committee and the State Board of
Examiners for Speech-Language Pathology and Audiology] shall
[jointly] adopt rules to establish requirements for the fitting and
dispensing of hearing instruments by the use of telepractice for
purposes of this chapter and Chapter 401, including rules that
establish the qualifications and duties of license holders who use
telepractice.
SECTION 8.091. The heading to Section 402.103, Occupations
Code, is amended to read as follows:
Sec. 402.103. FALSE, MISLEADING, OR DECEPTIVE [RULES
RESTRICTING] ADVERTISING [OR COMPETITIVE BIDDING].
SECTION 8.092. Section 402.103(c), Occupations Code, is
amended to read as follows:
(c) For purposes of Section 51.204, an [An] advertisement is
false, misleading, or deceptive if the advertisement:
(1) contains a misrepresentation of fact;
(2) contains a false statement as to the license
holder's professional achievements, education, skills, or
qualifications in the hearing instrument dispensing profession;
(3) makes a partial disclosure of relevant fact,
including the advertisement of:
(A) a discounted price of an item without
identifying in the advertisement or at the location of the item:
(i) the specific product being offered at
the discounted price; or
(ii) the usual price of the item; and
(B) the price of a specifically identified
hearing instrument, if more than one hearing instrument appears in
the same advertisement without an accompanying price;
(4) contains a representation that a product
innovation is new, if the product was first offered by the
manufacturer to the general public in this state not less than 12
months before the date of the advertisement;
(5) states that the license holder manufactures
hearing instruments at the license holder's office location unless
the next statement discloses that the instruments are manufactured
by a specified manufacturer and remanufactured by the license
holder; or
(6) contains any other representation, statement, or
claim that is inherently misleading or deceptive.
SECTION 8.093. Sections 402.104(a) and (e), Occupations
Code, are amended to read as follows:
(a) The department [committee] shall develop and maintain
an examination that may include written, oral, or practical
tests. The department shall administer or arrange for the
administration of the examination.
(e) The commission [committee] by rule shall establish the
qualifications for a proctor. The rules must:
(1) require a proctor to be licensed in good standing
as a hearing instrument fitter and dispenser;
(2) specify the number of years a proctor must be
licensed as a hearing instrument fitter and dispenser; and
(3) specify the disciplinary actions or other actions
that disqualify a person from serving as a proctor.
SECTION 8.094. Section 402.152, Occupations Code, is
amended to read as follows:
Sec. 402.152. COMPLAINTS. (a) Each license or permit
holder under this chapter shall at all times prominently display in
the person's place of business a sign containing:
(1) the name, mailing address, e-mail address, and
telephone number of the department [committee]; and
(2) a statement informing consumers that a complaint
against a license or permit holder may be directed to the department
[committee].
(b) Each written contract for services in this state of a
license holder [licensed hearing instrument dispenser] must
contain the department's [committee's] name, mailing address,
e-mail address, and telephone number.
SECTION 8.095. The heading to Section 402.154, Occupations
Code, is amended to read as follows:
Sec. 402.154. CONFIDENTIALITY OF COMPLAINT AND
DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].
SECTION 8.096. Sections 402.154(h) and (i), Occupations
Code, are amended to read as follows:
(h) All information and materials subpoenaed or compiled by
the department [committee] in connection with a complaint and
investigation are confidential and not subject to disclosure under
Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the department [committee] or its
agents or employees who are involved in discipline of the holder of
a license, except that this information may be disclosed to:
(1) persons involved with the department [committee]
in a disciplinary action against the holder of a license;
(2) professional licensing or disciplinary boards for
the fitting and dispensing of hearing instruments in other
jurisdictions;
(3) peer assistance programs approved by the
commission [board] under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the department
[committee] against a holder of a license, the nature of those
charges, disciplinary proceedings of the department, commission,
or executive director [committee], and final disciplinary actions,
including warnings and reprimands, by the department, commission,
or executive director [committee] are not confidential and are
subject to disclosure in accordance with Chapter 552, Government
Code.
SECTION 8.097. Section 402.202(a), Occupations Code, is
amended to read as follows:
(a) To engage in fitting and dispensing hearing instruments
in this state a person must pass an examination required by the
department [committee].
SECTION 8.098. Sections 402.203(a) and (c), Occupations
Code, are amended to read as follows:
(a) An applicant for examination must:
(1) apply to the department in the manner and
[committee] on a form prescribed [provided] by the executive
director [committee];
(2) provide [on the form]:
(A) documentation [sworn evidence] that the
applicant is at least 18 years of [has attained the] age [of
majority] and has graduated from an accredited high school or
equivalent; and
(B) other information determined necessary by
the department [committee]; and
(3) pay any required fees for application and
examination.
(c) The department [committee] may refuse to examine an
applicant who has been convicted of a misdemeanor that involves
moral turpitude or a felony.
SECTION 8.099. Section 402.205(b), Occupations Code, is
amended to read as follows:
(b) An examination shall be conducted in writing and by
other means the department [committee] determines adequate to
ascertain the qualifications of applicants.
SECTION 8.100. Section 402.207, Occupations Code, is
amended to read as follows:
Sec. 402.207. ISSUANCE OF APPRENTICE PERMIT. (a) The
department [committee] shall issue an apprentice permit to fit and
dispense hearing instruments to a temporary training permit holder
who has:
(1) passed all parts of the examination with a score of
70 percent or greater;
(2) paid the required fees; and
(3) met all requirements of this chapter.
(b) An apprentice permit is valid for one year. The
department [committee] may extend the apprentice permit for an
additional period not to exceed one year [six months].
(c) An apprentice permit holder shall work under the
supervision of a license holder [licensed hearing instrument
dispenser] for at least one year. During the apprentice year, the
apprentice permit holder shall complete 20 hours of classroom
continuing education as required by Section 402.303 for a license
holder.
SECTION 8.101. Section 402.208, Occupations Code, is
amended to read as follows:
Sec. 402.208. ISSUANCE OF LICENSE. The department
[committee] shall issue a [hearing instrument dispenser's] license
to an apprentice permit holder when the department [committee] has
received sufficient evidence that the apprentice permit holder has
met all the licensing requirements of this chapter.
SECTION 8.102. Sections 402.209(a), (c), (e), (f), and (i),
Occupations Code, are amended to read as follows:
(a) A person licensed to fit and dispense hearing
instruments in another state may apply for a license under this
chapter by submitting a completed [an] application on a form
prescribed by the department [committee].
(c) An applicant for a license under this section shall
provide as part of the application:
(1) written verification that the applicant is
licensed in good standing as a fitter and dispenser of hearing
instruments in another state and has held the license for at least
three years preceding the date of application;
(2) written verification that:
(A) the requirements to obtain a license to fit
and dispense hearing instruments in the state in which the
applicant is licensed include passing an examination approved by
the commission [committee] by rule; or
(B) the applicant holds a certification from a
professional organization approved by the commission [committee]
by rule;
(3) a written statement from the licensing entity in
the state in which the applicant is licensed that details any
disciplinary action taken by the entity against the applicant; and
(4) a statement of the applicant's criminal history
acceptable to the department [committee].
(e) If the department approves an application, on the next
regularly scheduled examination date the applicant may take the
practical section of the examination required under Section 402.202
and a written examination of Texas law administered by the
department. If the applicant passes the examinations required
under this section, the department [committee] shall issue to the
applicant a license under this chapter.
(f) The department may allow an applicant under this section
who satisfies all application requirements other than the
requirement under Subsection (c)(2) to take all sections of the
examination required under Section 402.202. If the applicant
passes the examination, the department [committee] shall issue to
the applicant a license under this chapter.
(i) The department [committee] may not issue a license under
this section to an applicant who is a licensed audiologist in
another state. The department [committee] shall inform [refer] the
applicant of [to] the licensing requirements of Chapter 401 [State
Board of Examiners for Speech-Language Pathology and Audiology].
SECTION 8.103. Section 402.210, Occupations Code, is
amended to read as follows:
Sec. 402.210. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE. (a) The department [committee]
shall require that an applicant for a license submit a complete and
legible set of fingerprints, on a form prescribed by the department
[committee], to the department [committee] or to the Department of
Public Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
(b) The department [committee] may not issue a license to a
person who does not comply with the requirement of Subsection (a).
(c) The department [committee] shall conduct a criminal
history check of each applicant for a license using information:
(1) provided by the individual under this section; and
(2) made available to the department [committee] by
the Department of Public Safety, the Federal Bureau of
Investigation, and any other criminal justice agency under Chapter
411, Government Code.
(d) The department [on behalf of the committee] may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history check required under
this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history check.
SECTION 8.104. Section 402.251, Occupations Code, is
amended to read as follows:
Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS.
(a) The department [committee] shall issue a temporary training
permit to a person who:
(1) has never taken the examination administered under
this chapter;
(2) possesses the qualifications required under
Section 402.203(a);
(3) submits a written application on a form prescribed
[provided] by the department [committee] furnishing documentation
[sworn evidence] that the applicant satisfies the requirements of
Subdivisions (1) and (2); and
(4) pays any required [the temporary training permit]
fee.
(b) The department [committee] may issue a new temporary
training permit under this section to a person on or after the 365th
day after the person's previous temporary training permit expired.
SECTION 8.105. Section 402.252, Occupations Code, is
amended to read as follows:
Sec. 402.252. SUPERVISION STATEMENT [AFFIDAVIT]. (a) An
application for a temporary training permit must be accompanied by
the statement [affidavit] of a person licensed to fit and dispense
hearing instruments under this chapter or Chapter 401, other than a
person licensed under Section 401.311 or 401.312.
(b) The statement must be on a form prescribed by the
department and [affidavit must] state that:
(1) the person will supervise the applicant[, if
granted a temporary training permit, will be supervised by the
affiant] in all work done by the applicant under the temporary
training permit;
(2) the person [affiant] will notify the department
[committee] not later than the 10th day after the date of the
applicant's termination of supervision by the person [affiant]; and
(3) if the person [affiant] is licensed under Chapter
401, the person [affiant] will comply with all provisions of this
chapter and rules adopted under this chapter that relate to the
supervision and training of a temporary training permit holder.
SECTION 8.106. Sections 402.253(b) and (c), Occupations
Code, are amended to read as follows:
(b) A temporary training permit automatically expires on
the first anniversary of the date of issuance unless the department
[committee] extends the permit for an additional period not to
exceed one year [six months].
(c) The department [committee] may not extend a temporary
training permit more than once.
SECTION 8.107. Section 402.254(a), Occupations Code, is
amended to read as follows:
(a) The commission by rule [committee] shall establish
formal and practical education guidelines for the training of
temporary training permit holders.
SECTION 8.108. Section 402.255(d), Occupations Code, is
amended to read as follows:
(d) The supervisor shall maintain a log of the contact hours
by practicum category on a form prescribed [provided] by the
department [committee]. After the temporary training permit holder
has completed 150 contact hours, the supervisor and the permit
holder shall sign the form, and the form shall be notarized and
mailed to the department [committee].
SECTION 8.109. Section 402.256, Occupations Code, is
amended to read as follows:
Sec. 402.256. AUTHORITY OF TEMPORARY TRAINING PERMIT
HOLDER. (a) A temporary training permit holder may provide routine
fitting and dispensing of hearing instruments that have [has] been
ordered by the supervisor. The supervisor is the sole judge of
whether the permit holder has the qualifications necessary to
perform routine fitting and dispensing. A supervisor is
accountable to the department [committee] for the actions and
misdeeds of a temporary training permit holder acting at the
supervisor's discretion.
(b) A temporary training permit holder may not:
(1) own, manage, or independently operate a business
that engages in the fitting or sale of hearing instruments; or
(2) advertise or otherwise represent that the permit
holder holds a license under this chapter [as a hearing instrument
dispenser].
SECTION 8.110. Sections 402.257(a), (c), and (d),
Occupations Code, are amended to read as follows:
(a) On the request of a supervisor or temporary training
permit holder, the department [committee] may approve a transfer of
a permit holder from the permit holder's supervisor to another
eligible supervisor before completion of the training.
(c) The department [committee] may approve a second
transfer request before completion of the training only under
exceptional circumstances. The department [committee] may not
approve more than two transfers.
(d) If a transfer is approved, credit may be transferred at
the discretion of the department [committee].
SECTION 8.111. Sections 402.301(a) and (f), Occupations
Code, are amended to read as follows:
(a) A license under this chapter is valid for two
years. The department [committee] shall renew the license every
two years on payment of the renewal fee unless the license is
suspended or revoked.
(f) The department [committee] may not renew a license
unless the license holder provides proof that all equipment that is
used by the license holder to produce a measurement in the testing
of hearing acuity has been properly calibrated or certified by a
qualified technician.
SECTION 8.112. Sections 402.303(a), (b), (c), (d), and
(e-1), Occupations Code, are amended to read as follows:
(a) The commission [committee] by rule shall adopt
requirements for the continuing education of a license holder,
including online continuing education requirements and a
requirement that a license holder complete 20 hours of continuing
education every two years. The department [committee] may not
renew a license unless the license holder demonstrates compliance
with the continuing education requirements established by the
commission by rule [committee].
(b) A license holder shall provide written proof of
attendance or completion of an approved course on a form prescribed
by the department [committee].
(c) The department [committee] may waive compliance with
the continuing education requirement for license renewal for a
license holder who provides evidence of hardship or inability to
meet the requirement. The waiver may be granted after review by the
department [committee] on an annual basis.
(d) The commission [committee] shall adopt rules to
establish reasonable requirements for continuing education
sponsors and courses and to clearly define what constitutes a
manufacturer or nonmanufacturer sponsor. The department shall
review and approve continuing education sponsor and course
applications. The department may request assistance from licensed
members of the advisory board [committee] in approving a sponsor or
course. The department must provide a list of approved continuing
education sponsors and continuing education courses, including
online courses. The list must be revised and updated
periodically. Any continuing education activity must be provided
by an approved sponsor. The department shall approve at least five
hours of specific courses each year.
(e-1) The department [committee] must allow a license
holder to report at least 10 hours of online continuing education
credit hours in a single reporting period.
SECTION 8.113. Section 402.304(b), Occupations Code, is
amended to read as follows:
(b) A license holder may be credited with continuing
education credit hours for a published book or article written by
the license holder that contributes to the license holder's
professional competence. The department [continuing education
committee] may grant credit hours based on the degree to which the
published book or article advances knowledge regarding the fitting
and dispensing of hearing instruments. A license holder may claim
in a reporting period not more than five credit hours for
preparation of a publication.
SECTION 8.114. Section 402.305, Occupations Code, is
amended to read as follows:
Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The
department [committee] may renew the license of a license holder
who does not comply with the continuing education requirements of
Section [Sections] 402.303 or 402.304 if the license holder:
(1) was licensed for the first time during the 24
months before the reporting date;
(2) has served in the regular armed forces of the
United States during part of the 24 months before the reporting
date; or
(3) submits proof from an attending physician that the
license holder suffered a serious or disabling illness or physical
disability that prevented compliance with the continuing education
requirements during the 24 months before the reporting date.
SECTION 8.115. Section 402.306, Occupations Code, is
amended to read as follows:
Sec. 402.306. DUPLICATE LICENSE. The department
[committee] shall issue a duplicate license to a license holder
whose license has been lost or destroyed. The department
[committee] may prescribe the procedure and requirements for
issuance of a duplicate license.
SECTION 8.116. Section 402.351, Occupations Code, is
amended to read as follows:
Sec. 402.351. DISPLAY OF LICENSE. A person engaged in
fitting and dispensing hearing instruments shall display the
person's license in a conspicuous place in the person's principal
office and, when required, shall exhibit the license to the
department [committee] or its authorized representative.
SECTION 8.117. Section 402.353(c), Occupations Code, is
amended to read as follows:
(c) The commission [committee] shall adopt rules necessary
to enforce this section.
SECTION 8.118. Section 402.401, Occupations Code, is
amended to read as follows:
Sec. 402.401. TRIAL PERIOD. The commission by rule
[committee] shall establish guidelines for a 30-day trial period
during which a person may cancel the purchase of a hearing
instrument.
SECTION 8.119. Section 402.403, Occupations Code, is
amended to read as follows:
Sec. 402.403. WRITTEN CONTRACT. The owner of a hearing
instrument fitting and dispensing practice shall ensure that each
client receives a written contract at the time of purchase of a
hearing instrument that contains:
(1) the signature of the license holder who dispensed
the hearing instrument;
(2) the printed name of the license holder who
dispensed the hearing instrument;
(3) the address of the principal office of the license
holder who dispensed the hearing instrument;
(4) the license number of the license holder who
dispensed the hearing instrument;
(5) a description of the make and model of the hearing
instrument;
(6) the amount charged for the hearing instrument;
(7) a statement of whether the hearing instrument is
new, used, or rebuilt;
(8) notice of the 30-day trial period under Section
402.401; and
(9) the name, mailing address, e-mail address, and
telephone number of the department [committee].
SECTION 8.120. Section 402.404, Occupations Code, is
amended to read as follows:
Sec. 402.404. SURETY BONDING. (a) A sole proprietor,
partnership, corporation, or other legal entity engaged in the
fitting and dispensing of hearing instruments shall file with the
department [committee] security in a form provided by Subsection
(b) in the amount of $10,000 and conditioned on the promise to pay
all:
(1) taxes and contributions owed to the state and
political subdivisions of the state by the entity; and
(2) judgments that the entity may be required to pay
for:
(A) negligently or improperly dispensing hearing
instruments; or
(B) breaching a contract relating to the
dispensing of hearing instruments.
(b) The security may be a bond, a cash deposit, or another
negotiable security acceptable to the department [committee].
(c) A bond required by this section remains in effect until
canceled by action of the surety, the principal, or the department
[committee]. A person must take action on the bond not later than
the third anniversary of the date the bond is canceled.
SECTION 8.121. Section 402.451(a), Occupations Code, is
amended to read as follows:
(a) A person may not:
(1) buy, sell, or fraudulently obtain a license or aid
another person to do so;
(2) alter a license with the intent to defraud;
(3) wilfully make a false statement in an application
to the department [committee] for a license, a temporary training
permit, or the renewal of a license;
(4) falsely impersonate a license holder;
(5) engage in the fitting and dispensing of hearing
instruments when the person's license is suspended or revoked;
(6) dispense or fit a hearing instrument on a person
who has ordered the hearing instrument or device by mail unless the
person dispensing or fitting is a license holder under this chapter
or under Chapter 401; or
(7) sell a hearing instrument by mail.
SECTION 8.122. Section 402.453(a), Occupations Code, is
amended to read as follows:
(a) A license holder may not treat the ear in any manner for
any defect or administer any drug or physical treatment unless the
license holder is a physician licensed to practice by the Texas
Medical [State] Board [of Medical Examiners].
SECTION 8.123. Section 402.501, Occupations Code, is
amended to read as follows:
Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
ACTION. The commission or executive director [committee] may
refuse to issue or renew a license, revoke or suspend a license or
permit, place on probation a person whose license or permit has been
suspended, or reprimand a license or permit holder who:
(1) makes a material misstatement in furnishing
information to the department [committee] or to another state or
federal agency;
(2) violates this chapter or a rule adopted under this
chapter;
(3) is convicted of a felony or misdemeanor that
includes dishonesty as an essential element or of a crime directly
related to the practice of fitting and dispensing hearing
instruments;
(4) makes a misrepresentation for the purpose of
obtaining or renewing a license, including falsifying the
educational requirements under this chapter;
(5) is professionally incompetent or engages in
malpractice or dishonorable, unethical, or unprofessional conduct
that is likely to deceive, defraud, or harm the public;
(6) aids or assists another person in violating this
chapter or a rule adopted under this chapter;
(7) does not provide information in response to a
written request made by the department [board] within 60 days;
(8) directly or indirectly knowingly employs, hires,
procures, or induces a person not licensed under this chapter to fit
and dispense hearing instruments unless the person is exempt under
this chapter;
(9) aids a person not licensed under this chapter in
the fitting or dispensing of hearing instruments unless the person
is exempt under this chapter;
(10) is habitually intoxicated or addicted to a
controlled substance;
(11) directly or indirectly gives to or receives from
a person a fee, commission, rebate, or other form of compensation
for a service not actually provided;
(12) violates a term of probation;
(13) wilfully makes or files a false record or report;
(14) has a physical illness that results in the
inability to practice the profession with reasonable judgment,
skill, or safety, including the deterioration or loss of motor
skills through aging;
(15) solicits a service by advertising that is false
or misleading;
(16) participates in subterfuge or misrepresentation
in the fitting or dispensing of a hearing instrument;
(17) knowingly advertises for sale a model or type of
hearing instrument that cannot be purchased;
(18) falsely represents that the service of a licensed
physician or other health professional will be used or made
available in the fitting, adjustment, maintenance, or repair of a
hearing instrument;
(19) falsely uses the term "doctor," "audiologist,"
"clinic," "clinical audiologist," "state licensed," "state
certified," "licensed hearing instrument dispenser," "board
certified hearing instrument specialist," "hearing instrument
specialist," or "certified hearing aid audiologist," or uses any
other term, abbreviation, or symbol that falsely gives the
impression that:
(A) a service is being provided by a person who is
licensed or has been awarded a degree or title; or
(B) the person providing a service has been
recommended by a government agency or health provider;
(20) advertises a manufacturer's product or uses a
manufacturer's name or trademark in a way that implies a
relationship between a license or permit holder and a manufacturer
that does not exist;
(21) directly or indirectly gives or offers to give,
or permits or causes to be given, money or another thing of value to
a person who advises others in a professional capacity as an
inducement to influence the person to influence the others to:
(A) purchase or contract to purchase products
sold or offered for sale by the license or permit holder; or
(B) refrain from purchasing or contracting to
purchase products sold or offered for sale by another license or
permit holder under this chapter;
(22) with fraudulent intent fits and dispenses a
hearing instrument under any name, including a false name or alias;
(23) does not adequately provide for the service or
repair of a hearing instrument fitted and sold by the license
holder; or
(24) violates a regulation of the federal Food and
Drug Administration or the Federal Trade Commission relating to
hearing instruments.
SECTION 8.124. The heading to Section 402.551, Occupations
Code, is amended to read as follows:
Sec. 402.551. AMOUNT OF ADMINISTRATIVE PENALTY.
SECTION 8.125. Section 402.551(b), Occupations Code, is
amended to read as follows:
(b) The amount of an [the] administrative penalty imposed
for a violation of this chapter or a rule adopted or order issued
under this chapter may not exceed $250 plus costs for the first
violation and $1,000 plus costs for each subsequent violation.
SECTION 8.126. Section 402.5521, Occupations Code, is
amended to read as follows:
Sec. 402.5521. [COMMITTEE-ORDERED] REFUND FOR HEARING
INSTRUMENT. The commission or executive director [committee] may
order a license holder to pay a refund to a consumer who returns a
hearing instrument during the 30-day trial period required by rules
adopted under Section 402.1021.
SECTION 8.127. Section 402.553(a), Occupations Code, is
amended to read as follows:
(a) A person who violates this chapter or a rule adopted or
order issued [adopted by the committee] under this chapter is
liable for a civil penalty not to exceed $5,000 a day.
SECTION 8.128. Section 451.001, Occupations Code, is
amended by amending Subdivisions (2), (5), and (6) and adding
Subdivision (7) to read as follows:
(2) "Athletic trainer" means a person who practices
athletic training, is licensed by the department [board], and may
use the initials "LAT," "LATC," and "AT" to designate the person as
an athletic trainer. The terms "sports trainer" and "licensed
athletic trainer" are equivalent to "athletic trainer."
(5) "Commission" ["Commissioner"] means the Texas
Commission of Licensing and Regulation [commissioner of public
health].
(6) "Department" means the Texas Department of
Licensing and Regulation [Health].
(7) "Executive director" means the executive director
of the department.
SECTION 8.129. Section 451.002, Occupations Code, is
amended to read as follows:
Sec. 451.002. INTERPRETATION; PRACTICE OF MEDICINE. This
chapter does not authorize the practice of medicine by a person not
licensed by the Texas [State Board of] Medical Board [Examiners].
SECTION 8.130. Section 451.003, Occupations Code, is
amended to read as follows:
Sec. 451.003. APPLICABILITY. This chapter does not apply
to:
(1) a physician licensed by the Texas [State Board of]
Medical Board [Examiners];
(2) a dentist, licensed under the laws of this state,
engaged in the practice of dentistry;
(3) a licensed optometrist or therapeutic optometrist
engaged in the practice of optometry or therapeutic optometry as
defined by statute;
(4) an occupational therapist engaged in the practice
of occupational therapy;
(5) a nurse engaged in the practice of nursing;
(6) a licensed podiatrist engaged in the practice of
podiatry as defined by statute;
(7) a physical therapist engaged in the practice of
physical therapy;
(8) a registered massage therapist engaged in the
practice of massage therapy;
(9) a commissioned or contract physician, physical
therapist, or physical therapist assistant in the United States
Army, Navy, Air Force, or Public Health Service; or
(10) an athletic trainer who does not live in this
state, who is licensed, registered, or certified by an authority
recognized by the department [board], and who provides athletic
training in this state for a period determined by the department
[board].
SECTION 8.131. Section 451.051(b), Occupations Code, is
amended to read as follows:
(b) The board consists of five members appointed by the
presiding officer of the commission [governor] with the approval
[advice and consent] of the commission [senate] as follows:
(1) three members who are athletic trainers; and
(2) two members who represent the public.
SECTION 8.132. Subchapter B, Chapter 451, Occupations Code,
is amended by adding Section 451.0521 to read as follows:
Sec. 451.0521. DUTIES OF BOARD. The board shall provide
advice and recommendations to the department on technical matters
relevant to the administration of this chapter.
SECTION 8.133. Section 451.053(b), Occupations Code, is
amended to read as follows:
(b) If a vacancy occurs on the board, the presiding officer
of the commission, with the commission's approval, [governor] shall
appoint a replacement who meets the qualifications for the vacant
position [successor] to serve for the unexpired portion of the
term.
SECTION 8.134. Section 451.055, Occupations Code, is
amended to read as follows:
Sec. 451.055. PRESIDING OFFICER [OFFICERS]. (a) The
presiding officer of the commission [governor] shall designate a
member of the board [as the board's presiding officer] to serve as
the presiding officer of the board for [in that capacity at the will
of the governor. The board shall elect an assistant presiding
officer and secretary-treasurer from its members. The assistant
presiding officer and secretary-treasurer serve] a one-year term.
The presiding officer of the board may vote on any matter before the
board.
SECTION 8.135. Section 451.056, Occupations Code, is
amended to read as follows:
Sec. 451.056. MEETINGS. The board shall meet at [least
twice a year. The board may hold additional meetings on] the call
of the presiding officer of the commission or the executive
director [at the written request of any three members of the board].
SECTION 8.136. The heading to Subchapter C, Chapter 451,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. [BOARD] POWERS AND DUTIES
SECTION 8.137. Section 451.101, Occupations Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) The executive director shall administer and enforce
this chapter.
(a-1) The department [board] shall:
(1) adopt an official seal;
(2) prescribe the application form for a license
applicant;
(3) prescribe a suitable form for a license
certificate; [and]
(4) prepare and conduct an examination for license
applicants;
(5) maintain a complete record of all licensed
athletic trainers; and
(6) annually prepare a roster showing the names and
addresses of all licensed athletic trainers.
(a-2) The department shall make a copy of the roster
available to any person requesting it on payment of a fee
established by the department in an amount sufficient to cover the
cost of the roster.
SECTION 8.138. The heading to Section 451.110, Occupations
Code, is amended to read as follows:
Sec. 451.110. CONFIDENTIALITY OF COMPLAINT AND
DISCIPLINARY INFORMATION [SUBPOENAS].
SECTION 8.139. Sections 451.110(h) and (i), Occupations
Code, are amended to read as follows:
(h) All information and materials subpoenaed or compiled by
the department [board] in connection with a complaint and
investigation are confidential and not subject to disclosure under
Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the department [board] or its
employees or agents involved in discipline of the holder of a
license, except that this information may be disclosed to:
(1) persons involved with the department [board] in a
disciplinary action against the holder of a license;
(2) athletic trainer licensing or disciplinary boards
in other jurisdictions;
(3) peer assistance programs approved by the
commission [board] under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the department [board]
against a holder of a license, the nature of those charges,
disciplinary proceedings of the department, commission, or
executive director [board], and final disciplinary actions,
including warnings and reprimands, by the department, commission,
or executive director [board] are not confidential and are subject
to disclosure in accordance with Chapter 552, Government Code.
SECTION 8.140. Section 451.152, Occupations Code, is
amended to read as follows:
Sec. 451.152. LICENSE APPLICATION. An applicant for an
athletic trainer license must submit to the department [board]:
(1) an application in the manner and on a form
prescribed by the executive director [board]; and
(2) the required examination fee.
SECTION 8.141. Section 451.153, Occupations Code, is
amended to read as follows:
Sec. 451.153. APPLICANT QUALIFICATIONS. (a) An applicant
for an athletic trainer license must:
(1) have met the athletic training curriculum
requirements of a college or university approved by the commission
[board] and give proof of graduation;
(2) hold a degree or certificate in physical therapy
and have completed:
(A) a basic athletic training course from an
accredited college or university; and
(B) an apprenticeship described by Subsection
(b); or
(3) have a degree in corrective therapy with at least a
minor in physical education or health that includes a basic
athletic training course and meet the apprenticeship requirement or
any other requirement established by the commission [board].
(b) The apprenticeship required to be completed by an
applicant consists of 720 hours completed in two years under the
direct supervision of a licensed athletic trainer acceptable to the
department [board]. Actual working hours include a minimum of 20
hours a week during each fall semester.
SECTION 8.142. Section 451.156, Occupations Code, is
amended to read as follows:
Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An
applicant for an athletic trainer license is entitled to receive
the license if the applicant:
(1) satisfies the requirements of Section 451.153 or
451.154;
(2) passes [satisfactorily completes] the examination
required [administered] by the department [board];
(3) pays the required license fee; and
(4) has not committed an act that constitutes grounds
for refusal of a license under Section 451.251.
SECTION 8.143. Section 451.157, Occupations Code, is
amended to read as follows:
Sec. 451.157. TEMPORARY LICENSE. (a) The department
[board] may issue a temporary license to an applicant if the
applicant satisfies:
(1) the requirements of Section 451.153 or 451.154;
and
(2) any other requirement established by the
commission [board].
(b) The commission [board] by rule shall prescribe the time
during which a temporary license is valid.
SECTION 8.144. The heading to Section 451.201, Occupations
Code, is amended to read as follows:
Sec. 451.201. LICENSE EXPIRATION; RENEWAL.
SECTION 8.145. Section 451.201(a), Occupations Code, is
amended to read as follows:
(a) A license issued under Section 451.156 expires on the
first anniversary of the date of issuance and may be renewed
annually.
SECTION 8.146. Section 451.251(a), Occupations Code, is
amended to read as follows:
(a) The commission or executive director [board] may refuse
to issue a license to an applicant and shall reprimand a license
holder or suspend, revoke, or refuse to renew a person's license if
the person:
(1) has been convicted of a misdemeanor involving
moral turpitude or a felony;
(2) obtained the license by fraud or deceit;
(3) violated or conspired to violate this chapter or a
rule adopted under this chapter; or
(4) provided services outside the scope of practice of
athletic training.
SECTION 8.147. The heading to Section 451.351, Occupations
Code, is amended to read as follows:
Sec. 451.351. AMOUNT [IMPOSITION] OF ADMINISTRATIVE
PENALTY.
SECTION 8.148. Section 451.351(c), Occupations Code, is
amended to read as follows:
(c) The amount of an administrative [the] penalty imposed
for a violation of this chapter or a rule adopted or order issued
under this chapter may not exceed $500 for each violation, and each
day a violation continues or occurs is a separate violation for
purposes of imposing a penalty. The total amount of the penalty
assessed for a violation continuing or occurring on separate days
under this subsection may not exceed $2,500.
SECTION 8.149. Section 605.002, Occupations Code, is
amended by amending Subdivisions (1), (2), and (5) and adding
Subdivision (5-a) to read as follows:
(1) "Advisory board" ["Board"] means the Orthotists
and Prosthetists Advisory [Texas] Board [of Orthotics and
Prosthetics].
(2) "Commission" ["Commissioner"] means the Texas
Commission of Licensing and Regulation [commissioner of public
health].
(5) "Department" means the Texas Department of
Licensing and Regulation [Health].
(5-a) "Executive director" means the executive
director of the department.
SECTION 8.150. The heading to Subchapter B, Chapter 605,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. ORTHOTISTS AND PROSTHETISTS ADVISORY [TEXAS] BOARD
[OF ORTHOTICS AND PROSTHETICS]
SECTION 8.151. Section 605.052, Occupations Code, is
amended to read as follows:
Sec. 605.052. ADVISORY [APPOINTMENT OF] BOARD [;]
MEMBERSHIP. (a) The advisory board consists of seven members
appointed by the presiding officer of the commission [governor]
with the approval [advice and consent] of the commission [senate]
as follows:
(1) one licensed orthotist member who has practiced
orthotics for the five years preceding the date of appointment;
(2) one licensed prosthetist member who has practiced
prosthetics for the five years preceding the date of appointment;
(3) one licensed prosthetist orthotist member who has
practiced orthotics and prosthetics for the five years preceding
the date of appointment;
(4) one member who is a representative of the public
who uses an orthosis;
(5) one member who is a representative of the public
who uses a prosthesis; and
(6) two members who are representatives of the public
who do not use an orthosis or prosthesis.
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
SECTION 8.152. Subchapter B, Chapter 605, Occupations Code,
is amended by adding Section 605.0521 to read as follows:
Sec. 605.0521. DUTIES OF ADVISORY BOARD. The advisory
board shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
SECTION 8.153. Section 605.055, Occupations Code, is
amended to read as follows:
Sec. 605.055. TERMS; VACANCY. (a) Members of the advisory
board serve staggered six-year terms. The terms of two or three
members expire on February 1 of each odd-numbered year.
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, [governor] shall appoint a replacement who meets the
qualifications for the vacant position [person] to serve for the
remainder of the term.
SECTION 8.154. Section 605.056, Occupations Code, is
amended to read as follows:
Sec. 605.056. PRESIDING OFFICER [OFFICERS]. The presiding
officer of the commission [members of the board] shall designate a
member of the advisory board to serve as the [elect from the board's
membership a] presiding officer of the advisory board for a term of
one year. The presiding officer of the advisory board may vote on
any matter before the advisory board [, a secretary, and other
officers as required to conduct the board's business].
SECTION 8.155. Section 605.059(b), Occupations Code, is
amended to read as follows:
(b) The advisory [A special meeting of the] board shall meet
at the call of [be called by] the presiding officer of the
commission or the executive director [or on the written request of
any three members].
SECTION 8.156. Section 605.151, Occupations Code, is
amended to read as follows:
Sec. 605.151. GENERAL POWERS AND DUTIES [OF BOARD]. The
executive director shall administer and enforce this chapter [board
may:
[(1) investigate complaints;
[(2) issue, suspend, deny, and revoke licenses;
[(3) reprimand license holders and place license
holders on probation;
[(4) in connection with a hearing under Section
605.353, issue subpoenas;
[(5) hold hearings; and
[(6) use personnel, facilities, furniture, equipment,
and other items supplied by the department to administer this
chapter].
SECTION 8.157. Section 605.155, Occupations Code, is
amended to read as follows:
Sec. 605.155. EXAMINATIONS. The department [board] must
approve any examination required for a license under this chapter.
Each examination shall be offered at least once each year.
SECTION 8.158. The heading to Subchapter E, Chapter 605,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. [PUBLIC INTEREST INFORMATION AND] COMPLAINT
INFORMATION [PROCEDURES]
SECTION 8.159. The heading to Section 605.2021, Occupations
Code, is amended to read as follows:
Sec. 605.2021. CONFIDENTIALITY OF COMPLAINT AND
DISCIPLINARY INFORMATION [SUBPOENAS].
SECTION 8.160. Sections 605.2021(h) and (i), Occupations
Code, are amended to read as follows:
(h) All information and materials subpoenaed or compiled by
the department [board] in connection with a complaint and
investigation are confidential and not subject to disclosure under
Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the department [board] or its
employees or agents involved in discipline of the holder of a
license, except that this information may be disclosed to:
(1) persons involved with the department [board] in a
disciplinary action against the holder of a license;
(2) professional orthotist or prosthetist
disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the
commission [board] under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the department [board]
against a holder of a license, the nature of those charges,
disciplinary proceedings of the department, commission, or
executive director [board], and final disciplinary actions,
including warnings and reprimands, by the department, commission,
or executive director [board] are not confidential and are subject
to disclosure in accordance with Chapter 552, Government Code.
SECTION 8.161. Section 605.251, Occupations Code, is
amended to read as follows:
Sec. 605.251. LICENSE REQUIRED. A person may not practice,
attempt to practice, or offer to practice orthotics or prosthetics,
act as an assistant to a person who practices orthotics or
prosthetics, or in any way hold the person out as being able to
practice orthotics or prosthetics unless the person holds a license
[issued by the board] under this chapter.
SECTION 8.162. Section 605.252, Occupations Code, is
amended to read as follows:
Sec. 605.252. LICENSE ELIGIBILITY. (a) To be eligible for
a license to practice orthotics or prosthetics in this state, a
person must:
(1) submit an [file a written] application in the
manner and [with the board] on the form prescribed by the executive
director [board];
(2) pay the nonrefundable application fee;
(3) be a resident of this state;
(4) have completed formal training, including the
required hours of classroom education and clinical practice, in an
area of study the commission [board] by rule determines to be
necessary and appropriate;
(5) have completed a clinical residency in the
professional area for which a license is sought that complies with
the standards, guidelines, or procedures established by the
department [board] for a clinical residency that is offered in this
state or another state; and
(6) have passed each written and practical examination
approved and required by the department [board].
(b) The requirements for a license established by
commission [board] rule must include the requirement that the
applicant hold:
(1) a bachelor's or graduate degree in orthotics and
prosthetics from:
(A) an education program recognized and
accredited by the Commission on Accreditation of Allied Health
Education Programs that is offered at an institution of higher
education; or
(B) a practitioner education program that has
education standards that are equivalent to or exceed the standards
adopted by the Commission on Accreditation of Allied Health
Education Programs; or
(2) a bachelor's degree in another subject and an
orthotic or prosthetic certificate issued by a practitioner
education program:
(A) recognized and accredited by the Commission
on Accreditation of Allied Health Education Programs; or
(B) that has education standards that are
equivalent to or exceed the standards adopted by the Commission on
Accreditation of Allied Health Education Programs.
(c) To meet the clinical residency requirements for a
license, the applicant must complete a professional clinical
residency that meets the requirements established by commission
[board] rule and is conducted under the direct supervision of a
licensed orthotist, licensed prosthetist, or a licensed
prosthetist orthotist in the discipline for which licensure is
sought. The clinical residency requirements adopted by the
commission [board] must be equivalent to or exceed the standards
set by the National Commission on Orthotic and Prosthetic
Education.
(d) The department [board] may accept as a substitute for
the examination requirement proof that the license applicant holds
a license in a state that has licensing requirements that are equal
to or exceed the requirements of this chapter.
SECTION 8.163. Sections 605.254(a) and (c), Occupations
Code, are amended to read as follows:
(a) A person is entitled to an exemption from the license
requirements established [by the board] under Section 605.252 if
the person is a resident of this state who [:
[(1) applies for the exemption not later than the
181st day after the date on which the board's initial rules are
finally adopted and:
[(A) has provided comprehensive orthotic or
prosthetic care for at least three years before the date of the
application, including practicing orthotics or prosthetics in this
state for the year preceding that date; or
[(B) has provided comprehensive orthotic and
prosthetic care for at least six years, including practicing
orthotics and prosthetics in this state for the year preceding the
application date; or
[(2)] presents evidence satisfactory to the
department [board] that the person possesses unique qualifications
to practice orthotics, prosthetics, or orthotics and prosthetics.
(c) The department [board] shall issue a license to a person
who is determined to be eligible for a license under Subsection (a)
[or (b)]. A person to whom a license is issued under this
subsection is entitled to the same license privileges as if the
person met the educational and vocational requirements of Section
605.252. The license holder is subject to the license renewal
requirements established by the commission [board], other than the
academic, clinical training, and examination requirements, which
the commission [board] may not impose as a condition of the person's
license.
SECTION 8.164. Sections 605.255(a) and (b), Occupations
Code, are amended to read as follows:
(a) An applicant for a license as an orthotist assistant or
prosthetist assistant must:
(1) submit an application in the manner and [file a
written application with the board] on a form prescribed [provided]
by the executive director [board];
(2) pay the nonrefundable application fee established
[prescribed] by the commission by rule [board]; and
(3) present evidence satisfactory to the department
[board] that the applicant has completed an education program,
including courses in the anatomical, biological, and physical
sciences, and a clinical residency as prescribed and adopted by the
commission by rule [board].
(b) An assistant licensed under this section may provide
only ancillary patient care services, as defined by the commission
by rule [board], in the discipline in which the assistant's
supervisor is licensed under this chapter.
SECTION 8.165. Sections 605.256(a) and (b), Occupations
Code, are amended to read as follows:
(a) The department [board] may issue a license or
registration certificate under this chapter only to an individual.
(b) The department [board] shall issue a license in
orthotics or prosthetics to an applicant who meets the requirements
provided under this chapter. A license may be granted in either
orthotics or prosthetics, or in both, if the person meets the
requirements established by the department [board].
SECTION 8.166. Section 605.257, Occupations Code, is
amended to read as follows:
Sec. 605.257. TEMPORARY LICENSE. (a) The department
[board] may issue a temporary license to an individual who:
(1) has recently become a resident of this state;
(2) has applied for a license as an orthotist,
prosthetist, or both; and
(3) has:
(A) practiced orthotics regularly since January
1, 1996; or
(B) been licensed by the state in which the
person formerly resided if that state has license requirements that
are equal to or exceed the requirements of this chapter.
(b) A temporary license is valid for one year from the date
issued. A temporary license may be renewed for not more than one
additional year if the applicant presents evidence sufficient to
the department [board] of good cause for renewal.
SECTION 8.167. Section 605.258(a), Occupations Code, is
amended to read as follows:
(a) The department [board] may issue a student registration
certificate to an individual who is working toward fulfilling the
requirements for a license as an orthotist, prosthetist, or
prosthetist orthotist and:
(1) holds either:
(A) a bachelor's or graduate degree in orthotics
and prosthetics from:
(i) an education program recognized and
accredited by the Commission on Accreditation of Allied Health
Education Programs that is offered at an institution of higher
education; or
(ii) a practitioner education program that
has education standards that are equivalent to or exceed the
standards adopted by the Commission on Accreditation of Allied
Health Education Programs; or
(B) a bachelor's degree in another subject and an
orthotic or prosthetic certificate issued by a practitioner
education program:
(i) recognized and accredited by the
Commission on Accreditation of Allied Health Education Programs; or
(ii) that has education standards that are
equivalent to or exceed the standards adopted by the Commission on
Accreditation of Allied Health Education Programs; or
(2) is a student who:
(A) is currently enrolled in a graduate program
in this state in orthotics and prosthetics that:
(i) is recognized and accredited by the
Commission on Accreditation of Allied Health Education Programs;
and
(ii) incorporates a professional clinical
residency that meets the requirements of rules adopted under
Section 605.252(c); and
(B) submits to the department [board] a written
certification from the graduate program in which the student is
enrolled that the student has successfully completed the academic
prerequisites to enter a professional clinical residency.
SECTION 8.168. Section 605.259(a), Occupations Code, is
amended to read as follows:
(a) The department [board] may issue a registered orthotic
technician or registered prosthetic technician certificate to an
applicant who:
(1) submits an [files a written] application in the
manner and [with the board] on a form prescribed [provided] by the
executive director [board];
(2) pays the nonrefundable application fee; and
(3) presents evidence satisfactory to the department
[board] that the applicant has completed an education program and
laboratory experience as prescribed by the commission by rule
[board].
SECTION 8.169. Sections 605.260(a), (b), and (c),
Occupations Code, are amended to read as follows:
(a) The commission [board] by rule shall establish
requirements for the accreditation and the renewal of an
accreditation of an orthotic or prosthetic facility in which
orthotics or prosthetics are conducted. The department [board] may
issue an accreditation only to an orthotic or prosthetic facility.
(b) If a person owns more than one facility, the department
[board] may require only one application for the accreditation of
each of the person's facilities. Each orthotic or prosthetic
facility must meet the requirements established by commission rule
[the board].
(c) An orthotic or prosthetic facility must be under the
on-site direction of an orthotist or prosthetist licensed by the
department [board] in the discipline for which accreditation is
sought.
SECTION 8.170. Section 605.261, Occupations Code, is
amended to read as follows:
Sec. 605.261. CONTINUING EDUCATION. (a) The commission
[board] shall:
(1) adopt rules that require a license holder to
participate in an approved continuing education program to renew a
license issued under this chapter; and
(2) prepare or approve continuing education programs
for license holders.
(b) To renew a license under this chapter, an applicant must
submit to the department [board] evidence of satisfactory
completion of the continuing education requirements required by the
commission [board].
(c) The department [board] shall notify a license holder who
has failed to comply with the [board's] continuing education
requirements of the license holder's failure to comply and that
failure to obtain the required continuing education before the
expiration of three months after the date the notice is given
constitutes grounds for the commission or executive director
[board] to suspend or revoke the license holder's license.
SECTION 8.171. Section 605.353, Occupations Code, is
amended to read as follows:
Sec. 605.353. DISCIPLINARY ACTIONS. (a) After notice and
opportunity for a hearing, the commission or executive director
[board] may revoke, suspend, or refuse to renew a license issued
under this chapter on a finding that:
(1) the license was obtained by fraud,
misrepresentation, or concealment of a material fact;
(2) the person engaged in fraud or deceit in
connection with services provided by the person;
(3) the person engaged in unprofessional or unethical
conduct;
(4) the person engaged in gross negligence or
malpractice; or
(5) the person violated this chapter or a rule adopted
under this chapter.
(b) The commission or executive director [board] may
reinstate a license revoked under Subsection (a) after the first
anniversary of the date of the revocation on terms the commission or
executive director [board] determines to be necessary.
SECTION 8.172. Section 605.354(c), Occupations Code, is
amended to read as follows:
(c) The attorney general shall bring an action in the name
of the state at the department's [board's] request to collect a
civil penalty under this section.
SECTION 8.173. Section 605.402(a), Occupations Code, is
amended to read as follows:
(a) The amount of an [the] administrative penalty imposed
for a violation of this chapter or a rule adopted or order issued
under this chapter may not be less than $50 or more than $5,000 for
each violation. Each day a violation continues or occurs is a
separate violation for the purpose of imposing a penalty.
SECTION 8.174. Section 701.002, Occupations Code, is
amended by amending Subdivisions (1), (2), and (4) and adding
Subdivision (1-a) to read as follows:
(1) "Advisory board" means the Dietitians Advisory
Board.
(1-a) "Commission" ["Commissioner"] means the Texas
Commission of Licensing and Regulation [commissioner of state
health services].
(2) "Department" means the Texas Department of
Licensing and Regulation [State Health Services].
(4) "Executive director" ["Dietitians board"] means
the executive director of the department [Texas State Board of
Examiners of Dietitians].
SECTION 8.175. The heading to Subchapter B, Chapter 701,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. [TEXAS STATE BOARD OF EXAMINERS OF] DIETITIANS
ADVISORY BOARD
SECTION 8.176. Section 701.051, Occupations Code, is
amended to read as follows:
Sec. 701.051. DIETITIANS ADVISORY BOARD MEMBERSHIP. (a)
The advisory board [Texas State Board of Examiners of Dietitians]
consists of nine members appointed by the presiding officer of the
commission [governor] with the approval [advice and consent] of the
commission [senate] as follows:
(1) six licensed dietitian members, each of whom has
been licensed under this chapter for not less than three years
before the member's date of appointment; and
(2) three members who represent the public.
(b) In appointing dietitian members to the advisory
[dietitians] board, the presiding officer of the commission
[governor] shall attempt to maintain balanced representation among
the following primary areas of expertise included in the
professional discipline of dietetics:
(1) clinical;
(2) educational;
(3) management;
(4) consultation; and
(5) community.
(c) Appointments to the advisory [dietitians] board shall
be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointee.
SECTION 8.177. Subchapter B, Chapter 701, Occupations Code,
is amended by adding Section 701.0511 to read as follows:
Sec. 701.0511. DUTIES OF ADVISORY BOARD. The advisory
board shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
SECTION 8.178. Section 701.054, Occupations Code, is
amended to read as follows:
Sec. 701.054. TERMS; VACANCIES. (a) Members of the
advisory [dietitians] board serve staggered six-year terms. The
terms of three [two] members begin on September 1 of each
odd-numbered year.
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, shall appoint a replacement who meets the qualifications
for the vacant position to serve for the remainder of the term.
SECTION 8.179. Section 701.057, Occupations Code, is
amended to read as follows:
Sec. 701.057. PRESIDING OFFICER [OFFICERS]. [(a)] The
presiding officer of the commission [governor] shall designate a
member of the advisory [dietitians] board as the presiding officer
of the advisory board to serve for a term of one year [in that
capacity at the pleasure of the governor]. The presiding officer of
the advisory board may vote on any matter before the advisory board.
[(b) Not later than the 30th day after the date the governor
appoints new board members, the dietitians board shall meet to
elect an assistant presiding officer, who holds office according to
board rules.]
SECTION 8.180. Section 701.058, Occupations Code, is
amended to read as follows:
Sec. 701.058. MEETINGS. The advisory [dietitians] board
shall meet at the call of the presiding officer of the commission or
the executive director [hold at least two regular meetings each
year as provided by board rules].
SECTION 8.181. Section 701.151, Occupations Code, is
amended to read as follows:
Sec. 701.151. GENERAL POWERS AND DUTIES [OF DIETITIANS
BOARD]. (a) The executive director shall administer and enforce
this chapter.
(b) The department [dietitians board] shall:
(1) adopt an official seal;
(2) adopt and publish a code of ethics;
(3) establish the qualifications and fitness of
applicants for licenses, including renewed and reciprocal
licenses;
(4) revoke, suspend, or deny a license, probate a
license suspension, or reprimand a license holder for a violation
of this chapter, a [board] rule adopted under this chapter, or the
code of ethics; and
(5) request and receive any necessary assistance from
state educational institutions or other state agencies [spend money
necessary to properly administer the board's duties; and
[(6) establish reasonable and necessary fees to
administer this chapter].
SECTION 8.182. Subchapter D, Chapter 701, Occupations Code,
is amended by adding Section 701.1511 to read as follows:
Sec. 701.1511. REGISTRY. The department shall prepare a
registry of licensed dietitians and provisional licensed
dietitians and make the registry available to the public, license
holders, and appropriate state agencies.
SECTION 8.183. Section 701.154, Occupations Code, is
amended to read as follows:
Sec. 701.154. AMOUNT OF FEES. The commission [(a) After
consulting the commissioner or the department, the dietitians board
by rule shall set fees in amounts reasonable and necessary to cover
the cost of administering this chapter.
[(b) The dietitians board] may not set a fee that existed on
September 1, 1993, in an amount that is less than the amount of that
fee on that date.
SECTION 8.184. Section 701.155, Occupations Code, is
amended to read as follows:
Sec. 701.155. SEAL. (a) The commission [dietitians board]
by rule may require a license holder to:
(1) obtain a seal authorized by the department [board]
bearing the license holder's name and the legend "Licensed
Dietitian"; and
(2) affix the seal to formal documentation of
nutrition services provided by the license holder, as determined
necessary and appropriate by the department [board].
(b) If the commission [dietitians board] adopts rules under
Subsection (a), the rules must authorize a license holder to comply
with Subsection (a)(2) by maintaining a facsimile of the license
holder's seal on file at the location where services are provided
if:
(1) the services are provided:
(A) in a facility licensed under the Health and
Safety Code;
(B) on behalf of a local, state, or federal
government agency; or
(C) under other circumstances determined
reasonable and necessary by the department [board]; and
(2) the facsimile is maintained on file at all times
during which the services are provided.
SECTION 8.185. The heading to Subchapter E, Chapter 701,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. [PUBLIC INTEREST INFORMATION AND] COMPLAINT
PROCEDURES
SECTION 8.186. The heading to Section 701.2041, Occupations
Code, is amended to read as follows:
Sec. 701.2041. CONFIDENTIALITY OF COMPLAINT AND
DISCIPLINARY INFORMATION [SUBPOENAS].
SECTION 8.187. Sections 701.2041(h) and (i), Occupations
Code, are amended to read as follows:
(h) All information and materials subpoenaed or compiled by
the department [dieticians board] in connection with a complaint
and investigation are confidential and not subject to disclosure
under Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the department [board] or its
employees or agents involved in discipline of the holder of a
license, except that this information may be disclosed to:
(1) persons involved with the department [board] in a
disciplinary action against the holder of a license;
(2) professional dietitian licensing or disciplinary
boards in other jurisdictions;
(3) peer assistance programs approved by the
commission [board] under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the department
[dieticians board] against a holder of a license, the nature of
those charges, disciplinary proceedings of the department,
commission, or executive director [board], and final disciplinary
actions, including warnings and reprimands, by the department,
commission, or executive director [board] are not confidential and
are subject to disclosure in accordance with Chapter 552,
Government Code.
SECTION 8.188. Section 701.252, Occupations Code, is
amended to read as follows:
Sec. 701.252. LICENSE APPLICATION. (a) Each applicant for
a dietitian license must submit an [a sworn] application in the
manner and on a form prescribed by the executive director
accompanied by the application fee.
(b) The commission [dietitians board shall prescribe the
application form and may] by rule shall determine the information
and documentation required to be submitted as part of an
application [establish dates by which applications and fees must be
received].
SECTION 8.189. Sections 701.253(c), (e), and (f),
Occupations Code, are amended to read as follows:
(c) The department [dietitians board] shall prepare or
approve an examination. An examination prescribed by the
department [board] may be or may include an examination given by the
Commission on Dietetic Registration or by a national or state
testing service instead of an examination prepared by the
department or the department's designee [board].
(e) The department [dietitians board] shall administer an
examination to qualified applicants at least twice each calendar
year.
(f) The department [dietitians board] shall waive the
examination requirement for an applicant who, at the time of
application, is a dietitian registered by the Commission on
Dietetic Registration.
SECTION 8.190. Section 701.254, Occupations Code, is
amended to read as follows:
Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. To qualify
for the licensing examination under this chapter, an applicant
must:
(1) possess a baccalaureate or postbaccalaureate
degree, conferred by a college or university regionally accredited
at the time of conferral, with:
(A) a major course of study in human nutrition,
food and nutrition, nutrition education, dietetics, or food systems
management; or
(B) an equivalent major course of study approved
by the department [dietitians board]; and
(2) have completed an internship or preplanned,
documented, professional experience program in dietetics practice
of not less than 900 hours under the supervision of a licensed
dietitian or a registered dietitian approved by the department
[board].
SECTION 8.191. Section 701.255(a), Occupations Code, is
amended to read as follows:
(a) Not later than the 45th day after the date a properly
submitted and timely application is received and not later than the
30th day before the next examination date, the department shall
notify an applicant in writing of the receipt and investigation of
the applicant's application and any other relevant evidence
relating to applicant qualifications established by commission
[dietitians board] rule.
SECTION 8.192. Sections 701.2575(a) and (c), Occupations
Code, are amended to read as follows:
(a) The department [dietitians board] shall develop and
administer at least twice each calendar year a jurisprudence
examination to determine an applicant's knowledge of this chapter,
commission [board] rules under this chapter, and any other
applicable laws of this state affecting the applicant's dietetics
practice.
(c) The commission [dietitians board] shall adopt rules to
implement this section, including rules related to the development
and administration of the examination, examination fees,
guidelines for reexamination, grading the examination, and
providing notice of examination results.
SECTION 8.193. Section 701.258, Occupations Code, is
amended to read as follows:
Sec. 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The
department [dietitians board] shall issue a license [certificate]
as a licensed dietitian to a person qualified for a license under
this chapter.
SECTION 8.194. Sections 701.259(a), (b), (c), and (d),
Occupations Code, are amended to read as follows:
(a) The department [dietitians board] may issue a license to
use the title "provisional licensed dietitian" to an applicant who
files an application, pays an application fee, and submits evidence
of successful completion of the education requirement under Section
701.254.
(b) A provisional licensed dietitian must practice under
the supervision and direction of a licensed dietitian. The
supervising licensed dietitian must be designated in [sign] the
applicant's initial application for a provisional license.
(c) The department [dietitians board] shall issue a license
[certificate] as a provisional licensed dietitian to a person
qualified for a provisional license under this chapter.
(d) A provisional license expires on the first anniversary
of the date of issuance and[, if the supervising licensed dietitian
signs the renewal application,] may be renewed annually not more
than twice [by complying with the renewal procedures under Section
701.301].
SECTION 8.195. Section 701.260, Occupations Code, is
amended to read as follows:
Sec. 701.260. TEMPORARY LICENSE. (a) On receipt of an
application and payment of an application fee, the department
[dietitians board] may grant a temporary license to an applicant
who:
(1) is licensed in good standing as a dietitian in
another state that has licensing requirements that are
substantially equivalent to the requirements of this chapter;
(2) has passed a national or other examination that is
recognized by the department [board] and relates to dietetics; and
(3) is sponsored by a person licensed by the
department [board] under this chapter with whom the temporary
license holder may practice.
(b) The department [dietitians board] may waive the
requirement of Subsection (a)(3) if the department [board]
determines that compliance with that provision is a hardship to an
applicant.
(c) A temporary license is valid until the date the
department [dietitians board] approves or denies the temporary
license holder's application for a license. The department [board]
shall issue a license under this chapter to the holder of a
temporary license if:
(1) the temporary license holder passes the competency
examination required by Section 701.253;
(2) the department [board] verifies that the temporary
license holder meets the academic and experience requirements for a
license under this chapter; and
(3) the temporary license holder satisfies any other
license requirements under this chapter.
(d) The department [dietitians board] must complete the
processing of a temporary license holder's application for a
license not later than the 180th day after the date the department
[board] issues the temporary license. The department [board] may
extend this deadline to receive pending examination results.
SECTION 8.196. Section 701.303, Occupations Code, is
amended to read as follows:
Sec. 701.303. CONTINUING EDUCATION. (a) The commission
[dietitians board] by rule shall establish a minimum number of
hours of continuing education required for license renewal under
this chapter.
(b) The commission or department [dietitians board] may
assess the continuing education needs of license holders and may
require license holders to attend continuing education courses
specified by the commission or department [board]. The department
[board] shall develop a process to evaluate and approve continuing
education courses.
(c) The commission or department [dietitians board] shall
identify key factors for a license holder's competent performance
of professional duties. The department [board] shall adopt a
procedure to assess the license holder's participation in
continuing education programs.
SECTION 8.197. Section 701.304, Occupations Code, is
amended to read as follows:
Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission
or department [dietitians board] may refuse to renew the license of
a person who fails to pay an administrative penalty imposed under
Subchapter K, unless enforcement of the penalty is stayed or a court
has ordered that the administrative penalty is not owed.
SECTION 8.198. Section 701.351, Occupations Code, is
amended to read as follows:
Sec. 701.351. DISPLAY OF LICENSE [CERTIFICATE]. (a) A
license holder shall display the person's license [certificate] in
an appropriate and public manner as prescribed by commission rule.
(b) A license [certificate] issued by the department
[dietitians board] is the property of the department [board] and
shall be surrendered on demand.
SECTION 8.199. Section 701.352, Occupations Code, is
amended to read as follows:
Sec. 701.352. LICENSE HOLDER INFORMATION. A license holder
shall keep the department informed of the license holder's current
address as provided by commission rule.
SECTION 8.200. Section 701.353(a), Occupations Code, is
amended to read as follows:
(a) A person may not use a seal authorized by the department
[dietitians board] unless the person holds a license issued under
this chapter.
SECTION 8.201. Section 701.401, Occupations Code, is
amended to read as follows:
Sec. 701.401. GROUNDS FOR DISCIPLINARY ACTION. The
commission or executive director [dietitians board] shall refuse to
renew a license, revoke or suspend a license, place on probation a
person whose license has been suspended, or reprimand a license
holder for a violation of this chapter, [or] a rule or code of
ethics adopted under this chapter, or an order of [by] the
commission or executive director [board].
SECTION 8.202. Section 701.403, Occupations Code, is
amended to read as follows:
Sec. 701.403. SANCTIONS. The State Office of
Administrative Hearings shall use the schedule of sanctions adopted
by the commission by [dietitians board] rule for a sanction imposed
as the result of a hearing conducted by the office.
SECTION 8.203. Section 701.502(a), Occupations Code, is
amended to read as follows:
(a) The amount of an [the] administrative penalty imposed
for a violation of this chapter or a rule adopted or order issued
under this chapter may not be less than $50 or more than $5,000 for
each violation. Each day a violation continues or occurs is a
separate violation for the purpose of imposing a penalty.
SECTION 8.204. Section 701.512, Occupations Code, is
amended to read as follows:
Sec. 701.512. REFUND. (a) Subject to Subsection (b), the
commission or executive director [dietitians board] may order a
license holder to pay a refund to a consumer as provided in an
agreement resulting from an informal settlement conference instead
of or in addition to imposing an administrative penalty under this
chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The commission or executive
director [board] may not require payment of other damages or
estimate harm in a refund order.
SECTION 8.205. The following provisions of the Occupations
Code are repealed:
(1) Section 203.006;
(2) Section 203.051;
(3) Section 203.053;
(4) Section 203.054;
(5) Section 203.057;
(6) Section 203.058;
(7) Section 203.060;
(8) Subchapter C, Chapter 203;
(9) Section 203.151(b);
(10) Section 203.1515;
(11) Section 203.152(a);
(12) Sections 203.155(a) and (c);
(13) Section 203.156;
(14) Section 203.158;
(15) Section 203.159;
(16) Section 203.160;
(17) Section 203.161;
(18) Subchapter E, Chapter 203;
(19) Section 203.255(b);
(20) Section 203.2556;
(21) Section 203.302;
(22) Section 203.303;
(23) Section 203.405;
(24) Subchapter J, Chapter 203;
(25) Section 203.502(c);
(26) Section 203.505(a);
(27) Section 401.002;
(28) Section 401.101;
(29) Section 401.103;
(30) Section 401.104;
(31) Section 401.106;
(32) Section 401.109;
(33) Section 401.110;
(34) Subchapter D, Chapter 401;
(35) Section 401.201(b);
(36) Sections 401.203(a) and (b);
(37) Section 401.204;
(38) Section 401.205;
(39) Section 401.206;
(40) Section 401.207;
(41) Section 401.252;
(42) Sections 401.253(b), (c), (d), and (e);
(43) Sections 401.2535(a), (b), (c), (d), (e), (f),
and (g);
(44) Section 401.254;
(45) Section 401.306;
(46) Section 401.307(c);
(47) Section 401.313;
(48) Section 401.315;
(49) Section 401.351;
(50) Sections 401.352(b) and (c);
(51) Section 401.353;
(52) Section 401.354;
(53) Section 401.405;
(54) Section 401.451(b);
(55) Section 401.452;
(56) Section 401.4531;
(57) Section 401.454;
(58) Section 401.455;
(59) Section 401.456;
(60) Section 401.457;
(61) Section 401.458;
(62) Section 401.459;
(63) Section 401.460;
(64) Section 401.502;
(65) Section 401.5022;
(66) Section 401.551;
(67) Section 401.553;
(68) Section 401.554;
(69) Section 401.555;
(70) Section 401.556;
(71) Section 401.557;
(72) Section 401.558;
(73) Section 401.559;
(74) Section 401.560;
(75) Section 401.561;
(76) Section 402.002;
(77) Section 402.052;
(78) Section 402.053;
(79) Section 402.054;
(80) Section 402.056;
(81) Section 402.0581;
(82) Section 402.059;
(83) Section 402.060;
(84) Section 402.061;
(85) Section 402.102;
(86) Section 402.1022;
(87) Sections 402.103(a) and (b);
(88) Section 402.105;
(89) Section 402.106;
(90) Section 402.151;
(91) Section 402.1511;
(92) Section 402.153;
(93) Sections 402.154(a), (b), (c), (d), (e), (f), and
(g);
(94) Section 402.205(d);
(95) Section 402.206;
(96) Sections 402.209(b) and (g);
(97) Section 402.257(b);
(98) Sections 402.301(b), (c), (d), and (e);
(99) Section 402.303(f);
(100) Section 402.354;
(101) Section 402.452;
(102) Section 402.502;
(103) Section 402.503;
(104) Section 402.504;
(105) Section 402.505;
(106) Section 402.506;
(107) Sections 402.551(a) and (c);
(108) Section 402.552;
(109) Section 402.5522;
(110) Section 402.553(b);
(111) Section 451.051(a);
(112) Section 451.0511;
(113) Section 451.0512;
(114) Section 451.0513;
(115) Section 451.052;
(116) Section 451.054;
(117) Section 451.057;
(118) Sections 451.101(b) and (c);
(119) Section 451.1015;
(120) Section 451.1016;
(121) Section 451.102;
(122) Section 451.103;
(123) Section 451.1035;
(124) Section 451.104;
(125) Section 451.105;
(126) Section 451.106;
(127) Section 451.108;
(128) Section 451.109;
(129) Sections 451.110(a), (b), (c), (d), (e), (f),
and (g);
(130) Section 451.155;
(131) Section 451.201(b);
(132) Section 451.202;
(133) Section 451.203;
(134) Section 451.204;
(135) Section 451.2512;
(136) Section 451.252;
(137) Section 451.253;
(138) Section 451.254;
(139) Section 451.255;
(140) Sections 451.351(a), (b), (e), (f), (g), (h),
(i), (j), (k), and (l);
(141) Section 451.352;
(142) Section 605.003;
(143) Section 605.051;
(144) Section 605.053;
(145) Section 605.054;
(146) Section 605.057;
(147) Section 605.058;
(148) Section 605.059(a);
(149) Section 605.060;
(150) Section 605.061;
(151) Subchapter C, Chapter 605;
(152) Section 605.152;
(153) Section 605.153;
(154) Section 605.154;
(155) Section 605.201;
(156) Section 605.202;
(157) Sections 605.2021(a), (b), (c), (d), (e), (f),
and (g);
(158) Section 605.203;
(159) Section 605.253;
(160) Section 605.254(b);
(161) Section 605.255(c);
(162) Section 605.259(b);
(163) Section 605.3535;
(164) Section 605.355;
(165) Section 605.401;
(166) Section 605.403;
(167) Section 605.404;
(168) Section 605.405;
(169) Section 605.406;
(170) Section 605.407;
(171) Section 605.408;
(172) Section 605.409;
(173) Section 605.410;
(174) Section 605.411;
(175) Section 701.003;
(176) Section 701.052;
(177) Section 701.053;
(178) Section 701.055;
(179) Section 701.056;
(180) Section 701.059;
(181) Subchapter C, Chapter 701;
(182) Section 701.152;
(183) Section 701.153;
(184) Section 701.1535;
(185) Section 701.156;
(186) Section 701.157;
(187) Section 701.159;
(188) Section 701.160;
(189) Section 701.161;
(190) Section 701.201;
(191) Section 701.202;
(192) Section 701.203;
(193) Section 701.204;
(194) Sections 701.2041(a), (b), (c), (d), (e), (f),
and (g);
(195) Section 701.205;
(196) Section 701.206;
(197) Section 701.256;
(198) Section 701.261;
(199) Sections 701.301(b), (c), (d), (e), and (f);
(200) Section 701.302;
(201) Section 701.402;
(202) Section 701.404;
(203) Section 701.405;
(204) Section 701.406;
(205) Section 701.407;
(206) Section 701.408;
(207) Section 701.452;
(208) Section 701.453;
(209) Section 701.501;
(210) Section 701.502(c);
(211) Section 701.503;
(212) Section 701.504;
(213) Section 701.505;
(214) Section 701.506;
(215) Section 701.507;
(216) Section 701.508;
(217) Section 701.509;
(218) Section 701.510; and
(219) Section 701.511.
PART 2. TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2019
SECTION 8.206. Sections 106.115(a), (b-1), and (b-3),
Alcoholic Beverage Code, are amended to read as follows:
(a) On the placement of a minor on deferred disposition for
an offense under Section 49.02, Penal Code, or under Section
106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
shall require the defendant to attend an alcohol awareness program
approved by the Texas Department of Licensing and Regulation [State
Health Services] under this section or a drug and alcohol driving
awareness program approved by the Texas Education Agency. On
conviction of a minor of an offense under one or more of those
sections, the court, in addition to assessing a fine as provided by
those sections, shall require a defendant who has not been
previously convicted of an offense under one of those sections to
attend an alcohol awareness program or a drug and alcohol driving
awareness program described by this subsection. If the defendant
has been previously convicted once or more of an offense under one
or more of those sections, the court may require the defendant to
attend an alcohol awareness program or a drug and alcohol driving
awareness program described by this subsection. If the defendant
is younger than 18 years of age, the court may require the parent or
guardian of the defendant to attend the program with the
defendant. The Texas Department of Licensing and Regulation or
Texas Commission of Licensing and Regulation, as appropriate [State
Health Services]:
(1) is responsible for the administration of the
certification of approved alcohol awareness programs;
(2) may charge a nonrefundable application fee for:
(A) initial certification of the approval; or
(B) renewal of the certification;
(3) shall adopt rules regarding alcohol awareness
programs approved under this section; and
(4) shall monitor, coordinate, and provide training to
a person who provides an alcohol awareness program.
(b-1) If the defendant resides in a county with a population
of 75,000 or less and access to an alcohol awareness program is not
readily available in the county, the court may allow the defendant
to take an online alcohol awareness program if the Texas Department
of Licensing and Regulation [State Health Services] approves online
courses or require the defendant to perform not less than eight
hours of community service related to alcohol abuse prevention or
treatment and approved by the Texas Department of Licensing and
Regulation [State Health Services] under Subsection (b-3) instead
of attending the alcohol awareness program. Community service
ordered under this subsection is in addition to community service
ordered under Section 106.071(d).
(b-3) The Texas Department of Licensing and Regulation
[State Health Services] shall create a list of community services
related to alcohol abuse prevention or treatment in each county in
the state to which a judge may sentence a defendant under Subsection
(b-1).
SECTION 8.207. Sections 13(h) and (j), Article 42.12, Code
of Criminal Procedure, are amended to read as follows:
(h) If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
judge shall require, as a condition of the community supervision,
that the defendant attend and successfully complete before the
181st day after the day community supervision is granted an
educational program jointly approved by the Texas Department of
Licensing and Regulation [Commission on Alcohol and Drug Abuse],
the Department of Public Safety, the Traffic Safety Section of the
Texas Department of Transportation, and the community justice
assistance division of the Texas Department of Criminal Justice
designed to rehabilitate persons who have driven while intoxicated.
The Texas Department of Licensing and Regulation [Commission on
Alcohol and Drug Abuse] shall publish the jointly approved rules
and shall monitor, coordinate, and provide training to persons
providing the educational programs. The Texas Department of
Licensing and Regulation [Commission on Alcohol and Drug Abuse] is
responsible for the administration of the certification of approved
educational programs and may charge a nonrefundable application fee
for the initial certification of approval and for renewal of a
certificate. The judge may waive the educational program
requirement or may grant an extension of time to successfully
complete the program that expires not later than one year after the
beginning date of the person's community supervision, however, if
the defendant by a motion in writing shows good cause. In
determining good cause, the judge may consider but is not limited
to: the defendant's school and work schedule, the defendant's
health, the distance that the defendant must travel to attend an
educational program, and the fact that the defendant resides out of
state, has no valid driver's license, or does not have access to
transportation. The judge shall set out the finding of good cause
for waiver in the judgment. If a defendant is required, as a
condition of community supervision, to attend an educational
program or if the court waives the educational program requirement,
the court clerk shall immediately report that fact to the
Department of Public Safety, on a form prescribed by the
department, for inclusion in the person's driving record. If the
court grants an extension of time in which the person may complete
the program, the court clerk shall immediately report that fact to
the Department of Public Safety on a form prescribed by the
department. The report must include the beginning date of the
person's community supervision. Upon the person's successful
completion of the educational program, the person's instructor
shall give notice to the Department of Public Safety for inclusion
in the person's driving record and to the community supervision and
corrections department. The community supervision and corrections
department shall then forward the notice to the court clerk for
filing. If the Department of Public Safety does not receive notice
that a defendant required to complete an educational program has
successfully completed the program within the period required by
this section, as shown on department records, the department shall
revoke the defendant's driver's license, permit, or privilege or
prohibit the person from obtaining a license or permit, as provided
by Sections 521.344(e) and (f), Transportation Code. The
Department of Public Safety may not reinstate a license suspended
under this subsection unless the person whose license was suspended
makes application to the department for reinstatement of the
person's license and pays to the department a reinstatement fee of
$100. The Department of Public Safety shall remit all fees
collected under this subsection to the comptroller for deposit in
the general revenue fund. This subsection does not apply to a
defendant if a jury recommends community supervision for the
defendant and also recommends that the defendant's driver's license
not be suspended.
(j) The judge shall require a defendant who is punished
under Section 49.09, Penal Code, as a condition of community
supervision, to attend and successfully complete an educational
program for repeat offenders approved by the Texas Department of
Licensing and Regulation [Commission on Alcohol and Drug Abuse].
The Texas Commission of Licensing and Regulation [on Alcohol and
Drug Abuse] shall adopt rules and shall monitor, coordinate, and
provide training to persons providing the educational programs.
The Texas Department of Licensing and Regulation [Commission on
Alcohol and Drug Abuse] is responsible for the administration of
the certification of approved educational programs and may charge a
nonrefundable application fee for initial certification of
approval or for renewal of the certification. The judge may waive
the educational program requirement only if the defendant by a
motion in writing shows good cause. In determining good cause, the
judge may consider the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and whether the defendant resides
out of state or does not have access to transportation. The judge
shall set out the finding of good cause in the judgment. If a
defendant is required, as a condition of community supervision, to
attend an educational program, the court clerk shall immediately
report that fact to the Department of Public Safety, on a form
prescribed by the department, for inclusion in the defendant's
driving record. The report must include the beginning date of the
defendant's community supervision. On the defendant's successful
completion of the educational program for repeat offenders, the
defendant's instructor shall give notice to the Department of
Public Safety for inclusion in the defendant's driving record and
to the community supervision and corrections department. The
community supervision and corrections department shall then
forward the notice to the court clerk for filing. If the Department
of Public Safety does not receive notice that a defendant required
to complete an educational program has successfully completed the
program for repeat offenders within the period required by the
judge, as shown on department records, the department shall revoke
the defendant's driver's license, permit, or privilege or prohibit
the defendant from obtaining a license or permit, as provided by
Sections 521.344(e) and (f), Transportation Code.
SECTION 8.208. Section 401.501, Health and Safety Code, is
amended by amending Subdivisions (1) and (2) and adding Subdivision
(1-a) to read as follows:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(1-a) "Department" means the Texas Department of
Licensing and Regulation [State Health Services].
(2) "Executive director" [commissioner"] means the
executive director of the department [commissioner of the Health
and Human Services Commission].
SECTION 8.209. Subchapter M, Chapter 401, Health and Safety
Code, is amended by adding Section 401.5011 to read as follows:
Sec. 401.5011. GENERAL POWERS AND DUTIES. The executive
director shall administer and enforce this chapter.
SECTION 8.210. Section 401.502, Health and Safety Code, is
amended to read as follows:
Sec. 401.502. EXAMINATION. The commission [executive
commissioner] may adopt rules to govern the development and
administration of an examination for an applicant under this
subchapter.
SECTION 8.211. Section 401.503, Health and Safety Code, is
amended to read as follows:
Sec. 401.503. APPLICATION PROCESS. (a) An application for
a certificate or license under this subchapter must be submitted in
the manner and [made] on a form prescribed [and provided] by the
executive director [department].
(b) The application must require an applicant to provide
sworn statements relating to the applicant's education and to
provide other information required by the commission [department].
SECTION 8.212. Section 401.505(a), Health and Safety Code,
is amended to read as follows:
(a) An applicant for a laser hair removal professional
certificate must:
(1) be certified by a recognized certifying agency,
including the Society for Clinical and Medical Hair Removal or
another certification entity approved by the department;
(2) meet the requirements for a senior laser hair
removal technician certificate under Section 401.506; and
(3) pass an examination required [administered] by the
department.
SECTION 8.213. The heading to Section 401.512, Health and
Safety Code, is amended to read as follows:
Sec. 401.512. TERM [RENEWAL] OF CERTIFICATE OR LICENSE.
SECTION 8.214. Section 401.512(a), Health and Safety Code,
is amended to read as follows:
(a) A certificate or license expires on the second
anniversary of the date of issuance and may be renewed.
SECTION 8.215. Section 401.515(b), Health and Safety Code,
is amended to read as follows:
(b) The commission [executive commissioner] shall adopt
rules relating to the customer notice.
SECTION 8.216. Sections 401.516(a) and (b), Health and
Safety Code, are amended to read as follows:
(a) A laser hair removal facility shall post a warning sign
as prescribed by the commission [department] in a conspicuous
location readily visible to a person entering the facility. The
sign must provide a toll-free telephone number and e-mail address
for the department and inform the customer that the customer may
contact [call] the department.
(b) The commission [executive commissioner] shall adopt
rules specifying the size, content, and design of the sign, with
wording listing the potential dangers involved.
SECTION 8.217. Section 401.518(a), Health and Safety Code,
is amended to read as follows:
(a) A laser hair removal facility operator is responsible
for maintaining the laser hair removal facility's compliance with
the requirements of this subchapter and commission [department]
rules relating to laser and pulsed light devices.
SECTION 8.218. Section 401.519(b), Health and Safety Code,
is amended to read as follows:
(b) Under the rules of the commission [department], a laser
hair removal facility must document with the department the
facility's contractual relationship with the consulting physician.
SECTION 8.219. Section 401.521(b), Health and Safety Code,
is amended to read as follows:
(b) A person who violates Subsection (a) is practicing
medicine in violation of Subtitle B, Title 3, Occupations Code, and
is subject to the penalties under that subtitle and Subchapter F,
Chapter 51, Occupations Code [under Section 401.522].
SECTION 8.220. The heading to Section 401.522, Health and
Safety Code, is amended to read as follows:
Sec. 401.522. AMOUNT OF ADMINISTRATIVE PENALTY
[ENFORCEMENT; PENALTIES].
SECTION 8.221. Section 401.522(a), Health and Safety Code,
is amended to read as follows:
(a) The amount of [department may impose] an administrative
penalty imposed for a violation of this subchapter or a rule adopted
or order issued [on a person who violates this subchapter or a rule
adopted] under this subchapter [. The amount of the penalty] may
not exceed $5,000 for each violation.
SECTION 8.222. Section 455.001, Occupations Code, is
amended by amending Subdivisions (1) and (2) and adding Subdivision
(1-a) to read as follows:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(1-a) "Department" means the Texas Department of
Licensing and Regulation [State Health Services].
(2) "Executive director" [commissioner"] means the
executive director [commissioner] of the department [Health and
Human Services Commission].
SECTION 8.223. The heading to Subchapter B, Chapter 455,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER]
SECTION 8.224. Section 455.053, Occupations Code, is
amended to read as follows:
Sec. 455.053. RULES REGARDING MASSAGE SCHOOLS. Rules
adopted under this chapter relating to a massage school must
contain minimum standards for:
(1) the issuance, denial, renewal, suspension,
revocation, or probation of a license under this chapter;
(2) the qualifications of professional personnel;
(3) the supervision of professional personnel;
(4) the equipment essential to the education, health,
and safety of students, massage school personnel, and the public;
(5) the sanitary and hygienic conditions of a massage
school;
(6) the provision of massage therapy or other massage
services by a massage school or student;
(7) the maximum number of hours a student may
accumulate in a massage school's internship program before the
student is required to be licensed under this chapter;
(8) the educational and clinical records kept by a
massage school;
(9) the organizational structure of a massage school,
including the lines of authority and the delegation of
responsibility;
(10) fire prevention and safety in a massage school;
(11) the massage school's curriculum and educational
material;
(12) massage school inspections; and
(13) any other aspect of the operation of a massage
school that the commission [executive commissioner] considers
necessary to protect students, massage school personnel, or the
public.
SECTION 8.225. The heading to Subchapter C, Chapter 455,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. POWERS AND DUTIES [OF DEPARTMENT]
SECTION 8.226. Section 455.101, Occupations Code, is
amended to read as follows:
Sec. 455.101. GENERAL POWERS AND DUTIES [OF DEPARTMENT].
(a) The executive director [department] shall [:
[(1)] administer and enforce this chapter.
(b) The department shall:
(1) [;
[(2)] investigate a person who may be engaging in a
practice that violates this chapter;
(2) [(3)] regulate the number and content of school
hours provided by a massage school or a massage therapy instructor;
and
(3) [(4)] prepare and administer a state examination
under this chapter.
SECTION 8.227. Section 455.103(a), Occupations Code, is
amended to read as follows:
(a) The commission [department] may enter into a memorandum
of understanding with the Texas Education Agency to regulate
massage schools.
SECTION 8.228. Section 455.151(d), Occupations Code, is
amended to read as follows:
(d) The department may issue one or more types of licenses
not otherwise provided for by this chapter that authorize the
license holder to perform a service described by Subsection
(c). The commission [department] may adopt rules governing a
license issued under this subsection.
SECTION 8.229. Section 455.153, Occupations Code, is
amended to read as follows:
Sec. 455.153. APPLICATION FOR LICENSE. An applicant for a
license under this chapter must:
(1) submit an application in the manner and on a form
prescribed [provided] by the executive director [department]; and
(2) include with the application the application fee
set by the commission by rule [department].
SECTION 8.230. Section 455.1572(e), Occupations Code, is
amended to read as follows:
(e) The commission by rule [department] may establish a fee
for a provisional license in an amount reasonable and necessary to
cover the cost of issuing the license.
SECTION 8.231. The heading to Section 455.160, Occupations
Code, is amended to read as follows:
Sec. 455.160. LICENSE TERM AND RENEWAL.
SECTION 8.232. Section 455.160(a), Occupations Code, is
amended to read as follows:
(a) A license issued [person licensed] under this chapter
expires on the second anniversary of the date of issuance. A
license holder must [periodically] renew the [person's] license
biennially. [The license expires unless the license holder submits
an application for renewal accompanied by the renewal fee
prescribed by the department or by the late fee prescribed by this
section.]
SECTION 8.233. Sections 455.203(a) and (b), Occupations
Code, are amended to read as follows:
(a) A massage school must meet the minimum standards of
operation established by commission [executive commissioner] rule.
(b) An instructor must meet the minimum requirements
established by commission [executive commissioner] rule.
SECTION 8.234. Section 455.251, Occupations Code, is
amended to read as follows:
Sec. 455.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
ACTION. (a) The commission or executive director [department] may
refuse to issue a license to a person and shall suspend, revoke, or
refuse to renew the license of a person or shall reprimand a person
licensed under this chapter if the person:
(1) obtains a license by fraud, misrepresentation, or
concealment of material facts;
(2) sells, barters, or offers to sell or barter a
license;
(3) violates a rule adopted by the commission
[executive commissioner];
(4) engages in unprofessional conduct as defined by
commission [executive commissioner] rule that endangers or is
likely to endanger the health, welfare, or safety of the public;
(5) violates an order or ordinance adopted by a
political subdivision under Chapter 243, Local Government Code; or
(6) violates this chapter.
(b) The commission or executive director [department] shall
revoke the license of a person licensed as a massage therapist or
massage therapy instructor if:
(1) the person is convicted of, enters a plea of nolo
contendere or guilty to, or receives deferred adjudication for an
offense involving prostitution or another sexual offense; or
(2) the commission or executive director [department]
determines the person has practiced or administered massage therapy
at or for a sexually oriented business.
(c) The commission or executive director [department] shall
revoke the license of a person licensed as a massage school or
massage establishment if the commission or executive director
[department] determines that:
(1) the school or establishment is a sexually oriented
business; or
(2) an offense involving prostitution or another
sexual offense that resulted in a conviction for the offense, a plea
of nolo contendere or guilty to the offense, or a grant of deferred
adjudication for the offense occurred on the premises of the school
or establishment.
SECTION 8.235. The heading to Section 455.302, Occupations
Code, is amended to read as follows:
Sec. 455.302. AMOUNT OF ADMINISTRATIVE PENALTY.
SECTION 8.236. Section 455.302(a), Occupations Code, is
amended to read as follows:
(a) The amount of an administrative penalty imposed for a
violation of this chapter or a rule adopted or order issued under
this chapter may not exceed $1,000 for each violation. Each day a
violation continues or occurs is a separate violation for purposes
of imposing a penalty.
SECTION 8.237. Section 1952.001, Occupations Code, is
amended by adding Subdivisions (3-a) and (5) and amending
Subdivision (4) to read as follows:
(3-a) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Department" means the Texas Department of
Licensing and Regulation [Health].
(5) "Executive director" means the executive director
of the department.
SECTION 8.238. The heading to Subchapter B, Chapter 1952,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. [BOARD] POWERS AND DUTIES
SECTION 8.239. Section 1952.051, Occupations Code, is
amended to read as follows:
Sec. 1952.051. GENERAL POWERS AND DUTIES [RULES]. (a) The
executive director shall administer and enforce this chapter.
(b) The commission [board] by rule shall [:
[(1)] adopt standards and education requirements
consistent with those established under Chapter 654, Government
Code, for the registration of:
(1) [(A)] code enforcement officers; and
(2) [(B)] code enforcement officers in training [; and
[(2) prescribe application forms for original and
renewal certificates of registration].
SECTION 8.240. Section 1952.053(b), Occupations Code, is
amended to read as follows:
(b) The register must include:
(1) the name, residence, date of birth, and social
security number of the applicant;
(2) the name and address of the employer or business of
the applicant;
(3) the date of the application;
(4) the education and experience qualifications of the
applicant;
(5) the action taken by the department regarding the
application and the date of the action;
(6) the serial number of any certificate of
registration issued to the applicant; and
(7) any other information required by commission
[board] rule.
SECTION 8.241. Subchapter B, Chapter 1952, Occupations
Code, is amended by adding Section 1952.055 to read as follows:
Sec. 1952.055. ADVISORY COMMITTEE. The department may
establish an advisory committee to provide advice and
recommendations to the department on technical matters relevant to
the administration of this chapter.
SECTION 8.242. Section 1952.102, Occupations Code, is
amended to read as follows:
Sec. 1952.102. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT
OFFICER. To be eligible to receive a certificate of registration as
a code enforcement officer, a person must:
(1) submit an application in the manner and on the form
prescribed by the executive director;
(2) have at least one year of full-time experience in
the field of code enforcement;
(3) [(2)] pass the examination required [conducted]
by the department [or the department's designee];
(4) [(3)] pay the application, examination, and
registration fees; and
(5) [(4)] meet any other requirements prescribed by
this chapter or by commission [board] rule.
SECTION 8.243. Section 1952.103(a), Occupations Code, is
amended to read as follows:
(a) An applicant for a certificate of registration under
this chapter who has less than one year of full-time experience in
code enforcement is entitled to receive a certificate of
registration as a code enforcement officer in training on:
(1) passing the examination described by Section
1952.102(3) [1952.102(2)]; [and]
(2) paying the required fees; and
(3) meeting any other requirement prescribed by this
chapter or by commission rule.
SECTION 8.244. The heading to Section 1952.105, Occupations
Code, is amended to read as follows:
Sec. 1952.105. TERM [RENEWAL OR REINSTATEMENT] OF
CERTIFICATE; RENEWAL.
SECTION 8.245. Section 1952.105(a), Occupations Code, is
amended to read as follows:
(a) A certificate of registration issued under this chapter
expires on the first anniversary of the date of issuance and may be
renewed annually on payment of the required renewal fee and on
completion of the annual continuing education requirements
prescribed by the commission by rule [board].
SECTION 8.246. Section 1952.1051, Occupations Code, is
amended to read as follows:
Sec. 1952.1051. CONTINUING EDUCATION. The commission
[board] by rule shall prescribe annual continuing education
requirements for code enforcement officers and code enforcement
officers in training that:
(1) establish the number of hours of continuing
education required for renewal of a certificate of registration;
(2) establish an approved curriculum that includes
material regarding changes in applicable law; and
(3) provide that the approved curriculum may be taught
by suitable public agencies and by private entities approved by the
department.
SECTION 8.247. Section 1952.151, Occupations Code, is
amended to read as follows:
Sec. 1952.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
(a) The commission or executive director [department] may deny a
person's application for a certificate of registration if the
person's certificate or license to engage in code enforcement or a
related profession has been revoked by another licensing entity in
this state or another state for:
(1) unprofessional conduct;
(2) fraud, deceit, or negligence; or
(3) misconduct in the practice of code enforcement or
a related profession.
(b) The commission or executive director [department] shall
suspend or revoke a certificate of registration issued under this
chapter if the commission or executive director [department]
determines that the certificate holder:
(1) engaged in fraud or deceit in obtaining a
certificate; or
(2) is grossly negligent, incompetent, or guilty of
misconduct in the practice of code enforcement.
SECTION 8.248. Section 1952.252(a), Occupations Code, is
amended to read as follows:
(a) The amount of an [the] administrative penalty imposed
for a violation of this chapter or a rule adopted or order issued
under this chapter may not be less than $50 or more than $5,000 for
each violation. Each day a violation continues or occurs is a
separate violation for the purpose of imposing a penalty.
SECTION 8.249. Section 1953.001, Occupations Code, is
amended by amending Subdivision (1) and adding Subdivisions (1-a)
and (1-b) to read as follows:
(1) "Commission" ["Board"] means the Texas Commission
of Licensing and Regulation [Board of Health].
(1-a) "Department" means the Texas Department of
Licensing and Regulation.
(1-b) "Executive director" means the executive
director of the department.
SECTION 8.250. Section 1953.003, Occupations Code, is
amended to read as follows:
Sec. 1953.003. EXEMPTIONS. This chapter does not apply to a
person, including a physician, dentist, engineer, or veterinarian,
who is licensed by an agency of this state other than the department
[board] and who, by nature of the person's employment or duties,
might be construed as being subject to this chapter.
SECTION 8.251. The heading to Subchapter B, Chapter 1953,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. [BOARD] POWERS AND DUTIES
SECTION 8.252. Section 1953.051, Occupations Code, is
amended to read as follows:
Sec. 1953.051. GENERAL POWERS AND DUTIES [OF BOARD]. (a)
The executive director [board] shall [:
[(1) adopt rules to] administer and enforce this
chapter.
(b) The department shall:
(1) [;
[(2)] administer continuing education requirements;
and
(2) [(3)] prescribe necessary forms.
SECTION 8.253. Subchapter B, Chapter 1953, Occupations
Code, is amended by adding Section 1953.0511 to read as follows:
Sec. 1953.0511. ADVISORY COMMITTEE. The department may
establish an advisory committee to provide advice and
recommendations to the department on technical matters relevant to
the administration of this chapter.
SECTION 8.254. Section 1953.053, Occupations Code, is
amended to read as follows:
Sec. 1953.053. REGISTER OF APPLICATIONS. (a) The
department [board] shall keep a register of each application for a
certificate of registration under this chapter.
(b) The register must include:
(1) the name, age, and place of residence of the
applicant;
(2) the name and address of the employer or business
connection of the applicant;
(3) the date of the application;
(4) complete information regarding the applicant's
education and experience qualifications;
(5) the date the department [board] reviewed and acted
on the application;
(6) a description of the department's [board's] action
on the application;
(7) the serial number of any certificate of
registration issued to the applicant; and
(8) any other information the department [board]
determines necessary.
SECTION 8.255. Section 1953.102, Occupations Code, is
amended to read as follows:
Sec. 1953.102. ELIGIBILITY REQUIREMENTS. (a) To be
eligible to receive a certificate of registration as a professional
sanitarian, a person must:
(1) hold at least a bachelor's degree from an
accredited college or university that includes at least 30 semester
hours in basic or applied science;
(2) complete any additional training in the basic
sciences or public health the department [board] determines
necessary to effectively serve as a professional sanitarian; and
(3) have at least two years of full-time experience in
sanitation.
(b) The commission [board] by rule may establish other
qualifications for registration.
SECTION 8.256. Section 1953.104, Occupations Code, is
amended to read as follows:
Sec. 1953.104. ISSUANCE OF CERTIFICATE: PROFESSIONAL
SANITARIAN. The department [board] shall issue a certificate of
registration as a professional sanitarian to a person who:
(1) applies in the manner and on the form prescribed by
the executive director [board];
(2) pays the registration fee set by the commission by
rule [board];
(3) meets the eligibility requirements prescribed by
Section 1953.102; and
(4) passes an examination under Subchapter D.
SECTION 8.257. Section 1953.105(a), Occupations Code, is
amended to read as follows:
(a) The department [On approval by the board, the board]
shall issue a certificate of registration as a sanitarian in
training to a person who:
(1) is employed in sanitation;
(2) meets the eligibility requirements prescribed by
Section 1953.102, other than the requirements relating to
experience;
(3) pays a registration fee prescribed by the
commission by rule [board] for a sanitarian in training; and
(4) passes an examination under Subchapter D.
SECTION 8.258. The heading to Section 1953.106, Occupations
Code, is amended to read as follows:
Sec. 1953.106. RENEWAL [OR REINSTATEMENT] OF CERTIFICATE.
SECTION 8.259. Section 1953.106(a), Occupations Code, is
amended to read as follows:
(a) To renew a certificate of registration under this
chapter, a professional sanitarian must:
(1) pay [to] the [board a] renewal fee prescribed by
the commission by rule [board]; and
(2) provide proof of completion of continuing
education requirements [contact hours as] prescribed by the
commission by rule [board].
SECTION 8.260. Section 1953.151, Occupations Code, is
amended to read as follows:
Sec. 1953.151. EXAMINATION. (a) To obtain a certificate of
registration under this chapter, an applicant must pass a written
examination prescribed by the department [board] that provides
evidence satisfactory to the department [board] that the applicant
is qualified for registration under this chapter.
(b) An applicant for a certificate of registration may not
take the examination unless the applicant pays the required
examination fee [prescribed by the board].
(c) In evaluating an applicant's performance on the
examination, the department [board] shall carefully consider the
applicant's knowledge and understanding of the principles of
sanitation and the physical, biological, and social sciences.
SECTION 8.261. Section 1953.201, Occupations Code, is
amended to read as follows:
Sec. 1953.201. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
(a) The commission or executive director [board] may deny a
person's application for a certificate of registration if:
(1) the person's certificate or license to engage in a
profession in this state or elsewhere has been revoked for
unprofessional conduct, fraud, deceit, negligence, or misconduct
in the practice of the profession; or
(2) satisfactory proof is presented to the commission
or executive director [board] establishing that the person has been
found guilty of unprofessional conduct, fraud, deceit, negligence,
or misconduct in the practice of a profession.
(b) The commission or executive director [board] may
suspend or revoke a certificate of registration if the certificate
holder:
(1) practiced fraud or deceit in obtaining the
certificate; or
(2) acted in a manner constituting gross negligence,
incompetency, or misconduct in the practice of sanitation.
SECTION 8.262. Section 1953.302(a), Occupations Code, is
amended to read as follows:
(a) The amount of an [the] administrative penalty imposed
for a violation of this chapter or a rule adopted or order issued
under this chapter may not be less than $50 or more than $5,000 for
each violation. Each day a violation continues or occurs is a
separate violation for the purpose of imposing a penalty.
SECTION 8.263. Section 1958.001, Occupations Code, is
amended by amending Subdivisions (2) and (3) and adding Subdivision
(3-a) to read as follows:
(2) "Commission" ["Commissioner"] means the Texas
Commission of Licensing and Regulation [commissioner of public
health].
(3) "Department" means the Texas Department of
Licensing and Regulation [Health].
(3-a) "Executive director" means the executive
director of the department.
SECTION 8.264. Section 1958.051, Occupations Code, is
amended to read as follows:
Sec. 1958.051. GENERAL POWERS AND DUTIES [OF DEPARTMENT;
SCOPE OF AUTHORITY]. The executive director [department] shall
administer and enforce this chapter to protect the public from the
adverse health effects of mold.
SECTION 8.265. Section 1958.054, Occupations Code, is
amended to read as follows:
Sec. 1958.054. RULES REGARDING PERFORMANCE STANDARDS AND
WORK PRACTICES. The commission [board] by rule shall establish
minimum performance standards and work practices for conducting a
mold assessment or mold remediation in this state.
SECTION 8.266. Section 1958.055(b), Occupations Code, is
amended to read as follows:
(b) A fee set by the commission for purposes of this chapter
[under this section] may not exceed:
(1) $400 for a license issued to an individual;
(2) $750 for a license issued to a person who is not an
individual; and
(3) $60 for a registration issued to an employee of a
license holder.
SECTION 8.267. Section 1958.056(b), Occupations Code, is
amended to read as follows:
(b) The commission [board] shall adopt rules regarding
compliance investigations.
SECTION 8.268. Section 1958.058, Occupations Code, is
amended to read as follows:
Sec. 1958.058. SAFETY STANDARDS. The commission by rule
[board] may develop and establish mold safety standards for license
holders if appropriate scientific information exists regarding the
effect of mold.
SECTION 8.269. Section 1958.059, Occupations Code, is
amended to read as follows:
Sec. 1958.059. CODE OF ETHICS. The commission [board] by
rule shall adopt a code of ethics for license holders that promotes
the education of mold assessors and mold remediators concerning the
ethical, legal, and business principles that should govern their
conduct.
SECTION 8.270. Section 1958.101(b), Occupations Code, is
amended to read as follows:
(b) The commission [board] shall adopt rules regarding:
(1) the scope of mold-related work for which a license
is required, including the supervision of employees or other
persons by license holders; and
(2) renewal requirements for a license issued under
this chapter.
SECTION 8.271. Section 1958.103, Occupations Code, is
amended to read as follows:
Sec. 1958.103. REGISTRATION REQUIREMENTS FOR EMPLOYEES.
The commission [board] may adopt rules to require the registration
of employees supervised by license holders.
SECTION 8.272. Section 1958.104, Occupations Code, is
amended to read as follows:
Sec. 1958.104. RULES REGARDING LICENSE APPLICATION. The
commission [board] shall adopt rules regarding a license
application. The commission [board] shall adopt rules that
establish minimum requirements for a license, including:
(1) the type of license;
(2) the term of the license;
(3) the qualifications for the license, including any
previous training required under Section 1958.106;
(4) renewal requirements for the license, including
ongoing continuing education required under Section 1958.106; and
(5) liability insurance requirements for the license.
SECTION 8.273. Section 1958.106(a), Occupations Code, is
amended to read as follows:
(a) The commission [board] shall adopt rules regarding
training required under this chapter and continuing education
required for a license holder under this chapter.
SECTION 8.274. Section 1958.153(c), Occupations Code, is
amended to read as follows:
(c) The commission [board] shall adopt rules to implement
this section, including rules:
(1) describing the information that must be provided
in the notice; and
(2) authorizing verbal notification to the department
in an emergency.
SECTION 8.275. Section 1958.154(c), Occupations Code, is
amended to read as follows:
(c) The commission [board] shall adopt rules to implement
this section, other than rules described by Subsection (d).
SECTION 8.276. Section 1958.155(c), Occupations Code, is
amended to read as follows:
(c) A license holder who is not an individual shall disclose
to the department the name, address, and occupation of each person
that has an ownership interest in the license holder. The license
holder shall report any changes in ownership to the department. The
commission [board] shall adopt rules to implement this section,
including rules regarding the form of the disclosure and the time
required to make disclosures or to report a change in ownership.
SECTION 8.277. Section 1958.201, Occupations Code, is
amended to read as follows:
Sec. 1958.201. DISCIPLINARY ACTION. If a license holder
violates this chapter or an order or rule adopted under this
chapter, the commission or executive director [department], after
providing the person with notice and an opportunity for a hearing,
shall take one or more of the following actions:
(1) revoke, suspend, or refuse to renew the license;
(2) impose an administrative penalty;
(3) bring an action to collect a civil penalty; or
(4) reprimand the person.
SECTION 8.278. Section 1958.252, Occupations Code, is
amended to read as follows:
Sec. 1958.252. AMOUNT OF PENALTY. (a) The amount of an
administrative penalty imposed for a violation of this chapter or a
rule adopted or order issued under this chapter may not exceed
$5,000 for each violation. Each day a violation continues under
Section 1958.101 or 1958.155 may be considered a separate violation
for purposes of imposing a penalty.
(b) The amount shall be based on [In determining the amount
of the penalty, the commissioner shall consider]:
(1) whether the violation was committed knowingly,
intentionally, or fraudulently;
(2) the seriousness of the violation;
(3) any hazard created to the health and safety of the
public;
(4) the person's history of previous violations; and
(5) any other matter that justice may require.
SECTION 8.279. Section 1958.253(a), Occupations Code, is
amended to read as follows:
(a) The commission or executive director [commissioner] may
choose not to impose an administrative penalty under this
subchapter if, not later than the 10th day after the date of written
notice of the violation [under Section 1958.254], the person
provides conclusive evidence that the circumstances giving rise to
the violation have been corrected and all actual damages are paid.
SECTION 8.280. Section 1958.301(b), Occupations Code, is
amended to read as follows:
(b) The department [commissioner] may request the attorney
general or the district, county, or city attorney having
jurisdiction to bring an action to collect a civil penalty under
this section.
SECTION 8.281. Section 521.374(a), Transportation Code, is
amended to read as follows:
(a) A person whose license is suspended under Section
521.372 may attend an educational program, approved by the
Department of State Health Services [Texas Commission on Alcohol
and Drug Abuse] under rules adopted by the Department of State
Health Services [commission] and the department, that is designed
to educate persons on the dangers of drug abuse.
SECTION 8.282. Section 521.375, Transportation Code, is
amended to read as follows:
Sec. 521.375. JOINT ADOPTION OF RULES. (a) The Texas
Commission of Licensing and Regulation [on Alcohol and Drug Abuse]
and the department shall jointly adopt rules for the qualification
and approval of providers of educational programs under Section
521.374.
(b) The Texas Department of Licensing and Regulation
[Commission on Alcohol and Drug Abuse] shall publish the jointly
adopted rules.
SECTION 8.283. Section 521.376, Transportation Code, is
amended to read as follows:
Sec. 521.376. DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
REGULATION [COMMISSION ON ALCOHOL AND DRUG ABUSE]; APPLICATION AND
RENEWAL FEES. The Texas Department of Licensing and Regulation
[Commission on Alcohol and Drug Abuse]:
(1) shall monitor, coordinate, and provide training to
persons who provide educational programs under Section 521.374;
(2) shall administer the approval of those educational
programs; and
(3) may charge a nonrefundable application fee for:
(A) initial certification of approval; and
(B) renewal of the certification.
SECTION 8.284. The following provisions of the Health and
Safety Code are repealed:
(1) Section 401.509;
(2) Section 401.511;
(3) Sections 401.512(b) and (c); and
(4) Sections 401.522(b) and (c).
SECTION 8.285. The following provisions of the Occupations
Code are repealed:
(1) Section 455.051;
(2) Section 455.056;
(3) Section 455.057;
(4) Section 455.1565;
(5) Section 455.1571;
(6) Sections 455.160(b), (c), (d), (e), (f), and (g);
(7) Section 455.161;
(8) Section 455.252;
(9) Section 455.253;
(10) Section 455.254;
(11) Section 455.301;
(12) Section 455.303;
(13) Section 455.304;
(14) Section 455.305;
(15) Section 455.306;
(16) Section 455.307;
(17) Section 455.308;
(18) Section 455.309;
(19) Section 455.310;
(20) Section 455.311;
(21) Section 1952.001(1);
(22) Section 1952.052;
(23) Section 1952.054;
(24) Section 1952.105(b);
(25) Section 1952.152;
(26) Section 1952.251;
(27) Section 1952.253;
(28) Section 1952.254;
(29) Section 1952.255;
(30) Section 1952.256;
(31) Section 1952.257;
(32) Section 1952.258;
(33) Section 1952.259;
(34) Section 1952.260;
(35) Section 1952.261;
(36) Section 1953.052;
(37) Section 1953.054;
(38) Section 1953.055;
(39) Section 1953.103;
(40) Section 1953.106(b);
(41) Section 1953.152;
(42) Section 1953.202;
(43) Section 1953.301;
(44) Section 1953.303;
(45) Section 1953.304;
(46) Section 1953.305;
(47) Section 1953.306;
(48) Section 1953.307;
(49) Section 1953.308;
(50) Section 1953.309;
(51) Section 1953.310;
(52) Section 1953.311;
(53) Section 1958.001(1);
(54) Section 1958.053;
(55) Section 1958.055(a);
(56) Section 1958.057;
(57) Section 1958.107;
(58) Section 1958.251;
(59) Section 1958.254;
(60) Section 1958.255;
(61) Section 1958.256;
(62) Section 1958.257;
(63) Section 1958.258; and
(64) Section 1958.302.
PART 3. TRANSITION PROVISIONS
SECTION 8.286. (a) A rule or fee of the Department of State
Health Services that relates to a program transferred under this
article and that is in effect on the effective date of the transfer
remains in effect until changed by the Texas Commission of
Licensing and Regulation.
(b) A license, permit, certificate of registration, or
other authorization issued by the Department of State Health
Services for a program transferred under this article is continued
in effect as a license, permit, certificate, or other authorization
of the Texas Department of Licensing and Regulation after the
effective date of the transfer.
(c) A complaint, investigation, contested case, or other
proceeding before the Department of State Health Services relating
to a program transferred under this article that is pending on the
effective date of the transfer is transferred without change in
status to the Texas Commission of Licensing and Regulation or Texas
Department of Licensing and Regulation, as appropriate.
SECTION 8.287. (a) As soon as practicable after the
effective date of a transfer under this article, the Department of
State Health Services and the Texas Department of Licensing and
Regulation shall adopt a transition plan to provide for the orderly
transfer of powers, duties, functions, programs, and activities
under this article. The transition plan must provide for the
transfer to be completed:
(1) not later than August 31, 2017, for a program
transferred under Part 1 of this article; or
(2) not later than August 31, 2019, for a program
transferred under Part 2 of this article.
(b) The Department of State Health Services shall provide
the Texas Department of Licensing and Regulation with access to any
systems or information necessary for the Texas Department of
Licensing and Regulation to accept a program transferred under this
article.
(c) On the date specified in the transition plan required
under Subsection (a) of this section for the transfer of a
particular program to the Texas Department of Licensing and
Regulation, if applicable, the existing board associated with the
program is abolished and the Texas Department of Licensing and
Regulation shall, as soon as practicable after that date, appoint
the advisory board for the program.
(d) Not later than August 31, 2017, the Texas Department of
Licensing and Regulation shall create a health professions division
to oversee programs transferred under this article and to ensure
the department develops the necessary health-related expertise.
ARTICLE 9. REGULATORY PROGRAMS TRANSFERRED TO THE TEXAS MEDICAL
BOARD
SECTION 9.001. Section 151.004, Occupations Code, is
amended to read as follows:
Sec. 151.004. APPLICATION OF SUNSET ACT. The Texas Medical
Board is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the board is abolished and this subtitle and Chapters 204, 205,
[and] 206, 601, 602, 603, and 604 expire September 1, 2017.
SECTION 9.002. Section 601.002, Occupations Code, is
amended by amending Subdivisions (1) and (5) and adding
Subdivisions (1-a), (5-a), and (5-b) to read as follows:
(1) "Advisory board" means the Texas Board of Medical
Radiologic Technology.
(1-a) "Authorized person" means a person who meets or
exceeds the minimum educational standards of the advisory board
under Section 601.201.
(5) "Education program" means clinical training or any
other program offered by an organization approved by the advisory
board that:
(A) has a specified objective;
(B) includes planned activities for
participants; and
(C) uses an approved method for measuring the
progress of participants.
(5-a) "Hospital" has the meaning assigned by Section
157.051.
(5-b) "Medical board" means the Texas Medical Board.
SECTION 9.003. Chapter 601, Occupations Code, is amended by
adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY
Sec. 601.021. TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY.
The Texas Board of Medical Radiologic Technology is an advisory
board to the Texas Medical Board.
Sec. 601.022. APPOINTMENT OF ADVISORY BOARD. (a) The
advisory board consists of nine members appointed by the governor
with the advice and consent of the senate as follows:
(1) four medical radiologic technologists who each
have at least five years of experience as a medical radiologic
technologist;
(2) two physicians licensed in this state who
supervise medical radiologic technologists; and
(3) three members who represent the public.
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Sec. 601.023. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS. (a)
In this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a public member of the advisory board
if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in a health care profession;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the medical board or advisory board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the medical board
or advisory board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the medical board or advisory board
other than compensation or reimbursement authorized by law for
advisory board membership, attendance, or expenses.
(c) A person may not be a member of the advisory board if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care.
(d) A person may not be a member of the advisory board or act
as the general counsel to the advisory board if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the medical board or
advisory board.
Sec. 601.024. TERMS; VACANCIES. (a) Members of the
advisory board are appointed for staggered six-year terms. The
terms of three members expire on February 1 of each odd-numbered
year.
(b) A member may not serve more than:
(1) two consecutive full terms; or
(2) a total of three full terms.
(c) If a vacancy occurs during a member's term, the governor
shall appoint a new member to fill the unexpired term.
Sec. 601.025. OFFICERS. The governor shall designate a
member of the advisory board as the presiding officer of the
advisory board to serve in that capacity at the will of the
governor. The advisory board shall select from its membership an
assistant presiding officer and other officers as the advisory
board considers necessary to carry out the advisory board's duties.
Sec. 601.026. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the advisory board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 601.022 and 601.023;
(2) does not maintain during service on the advisory
board the qualifications required by Sections 601.022 and 601.023;
(3) is ineligible for membership under Section
601.023;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled advisory board meetings that the member is eligible to
attend during a calendar year without an excuse approved by a
majority vote of the advisory board.
(b) The validity of an action of the advisory board is not
affected by the fact that it is taken when a ground for removal of an
advisory board member exists.
(c) If the executive director of the medical board has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the advisory board
of the potential ground. The presiding officer shall then notify
the governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest ranking officer of the advisory board, who shall then
notify the governor and the attorney general that a potential
ground for removal exists.
Sec. 601.027. PER DIEM. A member of the advisory board is
entitled to receive a per diem as set by legislative appropriation
for each day that the member engages in the business of the advisory
board.
Sec. 601.028. APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
AND ADMINISTRATIVE PROCEDURE LAWS. Except as otherwise provided
by this chapter, the advisory board is subject to Chapters 551, 552,
and 2001, Government Code.
Sec. 601.029. MEETINGS; QUORUM REQUIREMENTS. (a) The
advisory board shall conduct regular meetings at least three times
a year at the times and places the advisory board considers most
convenient for applicants and advisory board members.
(b) The advisory board may hold special meetings in
accordance with rules adopted by the advisory board and approved by
the medical board.
(c) A majority of the advisory board members constitutes a
quorum for all purposes except for an advisory board activity
related to examining the credentials of applicants, acting as a
panel for disciplinary action under Section 601.306, or conducting
an informal meeting under Section 601.311.
Sec. 601.030. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the advisory board may not
vote, deliberate, or be counted as a member in attendance at a
meeting of the advisory board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter and the advisory board's programs,
functions, rules, and budget;
(2) the results of the most recent formal audit of the
advisory board;
(3) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(4) any applicable ethics policies adopted by the
advisory board or the Texas Ethics Commission.
(c) A person appointed to the advisory board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 9.004. The heading to Subchapter B, Chapter 601,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. POWERS AND DUTIES OF ADVISORY BOARD AND MEDICAL BOARD
[DEPARTMENT]
SECTION 9.005. Section 601.052, Occupations Code, is
amended to read as follows:
Sec. 601.052. GENERAL POWERS AND DUTIES OF ADVISORY
BOARD [RULES]. The advisory board shall:
(1) [may] adopt rules that are reasonable and
necessary for the performance of the advisory board's duties under
[to implement] this chapter, as provided by Chapter 2001,
Government Code, including rules to establish:
(A) the certification program required by
Subchapter C, including minimum standards for issuing, renewing,
suspending, or revoking a certificate;
(B) certification renewal dates;
(C) the registry required by Subchapter E;
(D) procedures for disciplinary actions;
(E) minimum standards for approving and
rescinding approval of curricula and education programs to train
individuals, registered nurses, and physician assistants to
perform radiologic procedures; and
(F) minimum standards for approving and
rescinding approval of instructors to teach approved curricula or
education programs to train individuals to perform radiologic
procedures;
(2) review and approve or reject each application for
the issuance or renewal of a certificate;
(3) issue each certificate;
(4) deny, suspend, or revoke a certificate or
otherwise discipline a certificate holder; and
(5) take any action necessary to carry out the
functions and duties of the advisory board under this chapter.
SECTION 9.006. Subchapter B, Chapter 601, Occupations Code,
is amended by adding Sections 601.0521 and 601.0522 to read as
follows:
Sec. 601.0521. GUIDELINES FOR EARLY INVOLVEMENT IN
RULEMAKING PROCESS. (a) The advisory board shall adopt guidelines
to establish procedures for receiving input during the rulemaking
process from individuals and groups that have an interest in
matters under the advisory board's jurisdiction. The guidelines
must provide an opportunity for those individuals and groups to
provide input before the advisory board submits the rule to the
medical board for approval.
(b) A rule adopted under this chapter may not be challenged
on the grounds that the advisory board did not comply with this
section. If the advisory board was unable to solicit a significant
amount of input from the public or affected persons early in the
rulemaking process, the advisory board shall state in writing the
reasons why it was unable to do so.
Sec. 601.0522. POWERS AND DUTIES OF MEDICAL BOARD RELATING
TO RADIOLOGIC PROCEDURES. (a) The medical board shall adopt rules
consistent with this chapter to regulate individuals who:
(1) perform radiologic procedures; and
(2) are licensed by the medical board and supervise an
individual who performs radiologic procedures.
(b) The medical board, by a majority vote, shall approve or
reject each rule adopted by the advisory board. If approved, the
rule may take effect. If the rule is rejected, the medical board
shall return the rule to the advisory board for revision.
SECTION 9.007. Section 601.054, Occupations Code, is
amended to read as follows:
Sec. 601.054. APPROVAL AND REVIEW OF CURRICULA AND TRAINING
PROGRAMS. (a) An applicant for approval of a curriculum or
training program must apply to the advisory board [department] on a
form and under rules adopted by the advisory board.
(b) The advisory board [department] shall approve a
curriculum or training program that meets the minimum standards
adopted under Section 601.052 [601.053]. The advisory board
[department] may review the approval annually.
(c) The advisory board may set a fee for approval of a
curriculum or training program not to exceed the estimated amount
that the advisory board [department] projects to be required for
the evaluation of the curriculum or training program.
SECTION 9.008. Section 601.055, Occupations Code, is
amended to read as follows:
Sec. 601.055. APPROVAL AND REVIEW OF INSTRUCTOR APPROVAL.
(a) An applicant for approval of an instructor must apply to the
advisory board [department] on a form and under rules adopted by the
advisory board.
(b) The advisory board [department] shall approve an
instructor who meets the minimum standards adopted under Section
601.052 [601.053]. The advisory board [department] may review the
approval annually.
SECTION 9.009. Sections 601.056(a) and (b), Occupations
Code, are amended to read as follows:
(a) The advisory board with the assistance of other
appropriate state agencies shall identify by rule radiologic
procedures, other than radiologic procedures described by
Subsection (c), that are dangerous or hazardous and that may be
performed only by a practitioner or a medical radiologic
technologist certified under this chapter.
(b) In adopting rules under Subsection (a), the advisory
board may consider whether the radiologic procedure will be
performed by a registered nurse or a licensed physician assistant.
SECTION 9.010. Section 601.057, Occupations Code, is
amended to read as follows:
Sec. 601.057. FEES. The advisory board by rule may set fees
for examination, certificate issuance, registration of a person
under Section 601.202, and application processing under Section
601.203 in amounts that are reasonable to cover the costs of
administering this chapter without the use of additional general
revenue.
SECTION 9.011. Subchapter B, Chapter 601, Occupations Code,
is amended by adding Sections 601.0571 and 601.0572 to read as
follows:
Sec. 601.0571. FEE REFUND ON CANCELLATION. The advisory
board may adopt rules relating to the refund of a fee for the
issuance or renewal of a certificate after the cancellation of a
certificate.
Sec. 601.0572. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. The advisory board shall adopt rules and guidelines as
necessary to comply with Chapter 53, except to the extent the
requirements of this chapter are stricter than the requirements of
Chapter 53.
SECTION 9.012. Section 601.058, Occupations Code, is
amended to read as follows:
Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The advisory board may not adopt rules restricting
advertising or competitive bidding by a medical radiologic
technologist except to prohibit false, misleading, or deceptive
practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the advisory board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a medical radiologic
technologist's personal appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the medical radiologic technologist; or
(4) restricts the medical radiologic technologist's
advertisement under a trade name.
SECTION 9.013. Subchapter B, Chapter 601, Occupations Code,
is amended by adding Sections 601.059 and 601.060 to read as
follows:
Sec. 601.059. ASSISTANCE BY MEDICAL BOARD; DIVISION OF
RESPONSIBILITIES. (a) The medical board shall provide
administrative and clerical employees as necessary to enable the
advisory board to administer this chapter.
(b) Subject to the advice and approval of the medical board,
the advisory board shall develop and implement policies that
clearly separate the policy-making responsibilities of the
advisory board and the management responsibilities of the executive
director and staff of the medical board.
Sec. 601.060. PUBLIC PARTICIPATION. Subject to the advice
and approval of the medical board, the advisory board shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the advisory board and to speak on any
issue under the jurisdiction of the advisory board.
SECTION 9.014. Section 601.102, Occupations Code, is
amended to read as follows:
Sec. 601.102. CLASSES OF CERTIFICATES. (a) The advisory
board shall establish classes of certificates to include all
radiologic procedures used in the course and scope of the practice
of practitioners licensed in this state.
(b) The advisory board may issue to a person:
(1) a general certificate to perform radiologic
procedures; or
(2) a limited certificate that authorizes the person
to perform radiologic procedures only on specific parts of the
human body.
(c) The advisory board may issue to a person a temporary
general certificate or a temporary limited certificate that
authorizes the person to perform radiologic procedures for a period
not to exceed one year.
SECTION 9.015. Subchapter C, Chapter 601, Occupations Code,
is amended by adding Section 601.1031 to read as follows:
Sec. 601.1031. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR REGISTRATION. (a) The advisory board shall
require that an applicant for a certificate submit a complete and
legible set of fingerprints, on a form prescribed by the advisory
board, to the advisory board or to the Department of Public Safety
for the purpose of obtaining criminal history record information
from the Department of Public Safety and the Federal Bureau of
Investigation.
(b) The advisory board may not issue a certificate to a
person who does not comply with the requirement of Subsection (a).
(c) The advisory board shall conduct a criminal history
check of each applicant for a certificate using information:
(1) provided by the individual under this section; and
(2) made available to the advisory board by the
Department of Public Safety, the Federal Bureau of Investigation,
and any other criminal justice agency under Chapter 411, Government
Code.
(d) The advisory board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history check required under
this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history check.
SECTION 9.016. Section 601.104, Occupations Code, is
amended to read as follows:
Sec. 601.104. EXAMINATION. (a) The advisory board may
prepare and conduct an examination for applicants for a
certificate.
(b) An applicant for a certificate must pass a jurisprudence
examination approved by the advisory board.
SECTION 9.017. Section 601.1041, Occupations Code, is
amended to read as follows:
Sec. 601.1041. NOTIFICATION OF EXAMINATION RESULTS. (a)
Not later than the 30th day after the date a person takes an
examination for a certificate under this chapter, the advisory
board [department] shall notify the person of the results of the
examination.
(b) If the examination is graded or reviewed by a testing
service, the advisory board [department] shall notify the person of
the results of the examination not later than the 14th day after the
date the advisory board [department] receives the results from the
testing service. If notice of the examination results will be
delayed for longer than 90 days after the examination date, the
advisory board [department] shall notify the person of the reason
for the delay before the 90th day.
(c) The advisory board [department] may require a testing
service to notify a person of the results of the person's
examination.
(d) If requested in writing by a person who fails an
examination for a certificate administered under this chapter, the
advisory board [department] shall furnish the person with an
analysis of the person's performance on the examination.
SECTION 9.018. Section 601.105, Occupations Code, is
amended to read as follows:
Sec. 601.105. ISSUANCE OF CERTIFICATE; TERM. (a) The
advisory board [department] shall issue a certificate to an
applicant who:
(1) meets the minimum standards for certification
established under Section 601.052;
(2) passes the required examinations;
(3) complies with the criminal history record
information requirement of Section 601.1031;
(4) submits an application on a form prescribed by the
advisory board;
(5) pays the required application fee;
(6) certifies that the applicant is mentally and
physically able to perform radiologic procedures; and
(7) submits to the advisory board any other
information the advisory board considers necessary to evaluate the
applicant's qualifications [601.053].
(b) A certificate is valid for two years from the date of
issuance [a period established by the board].
(c) The advisory board may delegate authority to medical
board employees to issue certificates under this chapter to
applicants who clearly meet all certification requirements. If the
medical board employees determine that the applicant does not
clearly meet all certification requirements, the application must
be returned to the advisory board. A certificate issued under this
subsection does not require formal advisory board approval.
SECTION 9.019. Section 601.107, Occupations Code, is
amended to read as follows:
Sec. 601.107. CERTIFICATION BY ENDORSEMENT. In adopting
minimum standards for certifying medical radiologic technologists,
the advisory board may establish criteria for issuing a certificate
to a person licensed or otherwise registered as a medical
radiologic technologist by the American Registry of Radiologic
Technologists, the American Registry of Clinical Radiography
Technologists, or another state whose requirements for licensure or
registration were on the date of licensing or registration
substantially equal to the requirements of this chapter.
SECTION 9.020. Section 601.108, Occupations Code, is
amended to read as follows:
Sec. 601.108. CONTINUING EDUCATION AND OTHER GUIDELINES.
(a) The advisory board may establish guidelines.
(b) The advisory board shall prepare, recognize, or
administer continuing education programs for medical radiologic
technologists in which participation is required, to the extent
required by the advisory board, to keep the person's certificate.
SECTION 9.021. Section 601.109, Occupations Code, is
amended to read as follows:
Sec. 601.109. PROVISIONAL CERTIFICATE. (a) The advisory
board may issue a provisional certificate to an applicant currently
licensed or certified in another jurisdiction who seeks
certification in this state and who:
(1) has been licensed or certified in good standing as
a medical radiologic technologist for at least two years in another
jurisdiction, including a foreign country, that has licensing or
certification requirements substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination
recognized by the advisory board relating to the practice of
radiologic technology; and
(3) is sponsored by a medical radiologic technologist
certified by the advisory board under this chapter with whom the
provisional certificate holder will practice during the time the
person holds a provisional certificate.
(b) The advisory board may waive the requirement of
Subsection (a)(3) for an applicant if the advisory board determines
that compliance with that subsection would be a hardship to the
applicant.
(c) A provisional certificate is valid until the date the
advisory board approves or denies the provisional certificate
holder's application for a certificate. The advisory board shall
issue a certificate under this chapter to the provisional
certificate holder if:
(1) the provisional certificate holder is eligible to
be certified under Section 601.107; or
(2) the provisional certificate holder passes the part
of the examination under Section 601.104 that relates to the
applicant's knowledge and understanding of the laws and rules
relating to the practice of radiologic technology in this state
and:
(A) the advisory board verifies that the
provisional certificate holder meets the academic and experience
requirements for a certificate under this chapter; and
(B) the provisional certificate holder satisfies
any other licensing requirements under this chapter.
(d) The advisory board must approve or deny a provisional
certificate holder's application for a certificate not later than
the 180th day after the date the provisional certificate is issued.
The advisory board may extend the 180-day period if the results of
an examination have not been received by the advisory board before
the end of that period.
(e) The advisory board may establish a fee for a provisional
certificate in an amount reasonable and necessary to cover the cost
of issuing the certificate.
SECTION 9.022. Section 601.110, Occupations Code, is
amended to read as follows:
Sec. 601.110. CERTIFICATE EXPIRATION. (a) Not later than
the 30th day before the date a person's certificate is scheduled to
expire, the advisory board [department] shall send written notice
of the impending expiration to the person at the person's last known
address according to the records of the advisory board
[department].
(b) The advisory board by rule may adopt a system under
which certificates expire on various dates during the year. For the
year in which the certificate expiration date is changed, the
advisory board [department] shall prorate certificate fees on a
monthly basis so that each certificate holder pays only that
portion of the certificate fee that is allocable to the number of
months during which the certificate is valid. On renewal of the
certificate on the new expiration date, the total certificate
renewal fee is payable.
SECTION 9.023. Section 601.111, Occupations Code, is
amended to read as follows:
Sec. 601.111. CERTIFICATE RENEWAL [PROCEDURE]. (a) On
notification from the advisory board, a [A] person who is otherwise
eligible to renew a certificate may renew an unexpired certificate
by:
(1) paying the required renewal fee to the advisory
board [department] before the expiration date of the certificate;
(2) submitting the appropriate form; and
(3) meeting any other requirement established by
advisory board rule.
(a-1) A person whose certificate has expired may not engage
in activities that require a certificate until the certificate has
been renewed.
(b) A person whose certificate has been expired for 90 days
or less may renew the certificate by paying to the advisory board
[department] a renewal fee that is equal to 1-1/2 times the normally
required renewal fee.
(c) A person whose certificate has been expired for more
than 90 days but less than one year may renew the certificate by
paying to the advisory board [department] a renewal fee that is
equal to two times the normally required renewal fee.
(d) A person whose certificate has been expired for one year
or more may not renew the certificate. The person may obtain a new
certificate by complying with the requirements and procedures,
including the examination requirements, for an original
certificate.
SECTION 9.024. Subchapter C, Chapter 601, Occupations Code,
is amended by adding Section 601.1111 to read as follows:
Sec. 601.1111. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a
certificate shall submit a complete and legible set of fingerprints
for purposes of performing a criminal history check of the
applicant as provided by Section 601.1031.
(b) The advisory board may not renew the certificate of a
person who does not comply with the requirement of Subsection (a).
(c) A certificate holder is not required to submit
fingerprints under this section for the renewal of the certificate
if the holder has previously submitted fingerprints under:
(1) Section 601.1031 for the initial issuance of the
certificate of registration; or
(2) this section as part of a prior renewal of a
certificate of registration.
SECTION 9.025. The heading to Section 601.112, Occupations
Code, is amended to read as follows:
Sec. 601.112. RENEWAL OF CERTIFICATE BY OUT-OF-STATE PERSON
[PRACTITIONER].
SECTION 9.026. Section 601.112(b), Occupations Code, is
amended to read as follows:
(b) The person must pay to the advisory board [department] a
fee that is equal to two times the normally required renewal fee for
the certificate.
SECTION 9.027. Section 601.154, Occupations Code, is
amended to read as follows:
Sec. 601.154. HOSPITAL PROCEDURES. A person is not
required to hold a certificate issued under this chapter to perform
a radiologic procedure in a hospital if:
(1) the hospital participates in the federal Medicare
program or is accredited by the Joint Commission on Accreditation
of Hospitals; and
(2) the person has completed a training program
approved by the advisory board under Section 601.201.
SECTION 9.028. Section 601.156, Occupations Code, is
amended to read as follows:
Sec. 601.156. PROCEDURE PERFORMED AS PART OF CONTINUING
EDUCATION PROGRAM. A person is not required to hold a certificate
issued under this chapter or to comply with the registration
requirements adopted under Section 601.252 if the person is:
(1) licensed or otherwise registered as a medical
radiologic technologist by another state, the American Registry of
Radiologic Technologists, the American Registry of Clinical
Radiography Technologists, or a professional organization or
association recognized by the advisory board;
(2) enrolled in a continuing education program that
meets the requirements adopted under Section 601.108; and
(3) performing a radiologic procedure as part of the
continuing education program for not more than 10 days.
SECTION 9.029. Subchapter E, Chapter 601, Occupations Code,
is amended to read as follows:
SUBCHAPTER E. MANDATORY TRAINING FOR CERTAIN AUTHORIZED PERSONS
Sec. 601.201. MANDATORY TRAINING. (a) The minimum
standards of the advisory board for approval of a curriculum or an
education program under Section 601.052 [601.053] must include
mandatory training guidelines for a person, other than a
practitioner or a medical radiologic technologist, who
intentionally uses radiologic technology, including a person who
does not hold a certificate issued under this chapter and who is
performing a radiologic procedure at a hospital or under the
direction of a practitioner, other than a dentist.
(b) The training program approved by the advisory board must
contain an appropriate number of hours of education that must be
completed before the person may perform a radiologic procedure.
Sec. 601.202. REGISTRY. The advisory board by rule shall
establish a registry of persons required to comply with this
subchapter.
Sec. 601.203. HARDSHIP EXEMPTION. (a) On application to
the advisory board [department] by a hospital, a federally
qualified health center as defined by 42 U.S.C. Section 1396d, or a
practitioner, the advisory board [department] shall exempt the
applicant from the requirements of Section 601.201 in employing a
person certified under this chapter or trained as required by
Section 601.201 if the applicant shows a hardship in employing a
person certified under this chapter or trained as required by
Section 601.201.
(b) The following conditions are considered to be a hardship
for the purposes of Subsection (a):
(1) that the applicant reports an inability to attract
and retain medical radiologic technologists;
(2) that the applicant is located at a great distance
from a school of medical radiologic technology;
(3) that there is a list of qualified persons who have
applied to a school of medical radiologic technology whose
admissions are pending because of a lack of faculty or space;
(4) that the school of medical radiologic technology
produces an insufficient number of graduates in medical radiologic
technology to meet the needs of the applicant; or
(5) any other criteria determined by advisory board
[department] rule.
SECTION 9.030. Chapter 601, Occupations Code, is amended by
adding Subchapter F-1 to read as follows:
SUBCHAPTER F-1. COMPLAINTS AND INVESTIGATIVE INFORMATION
Sec. 601.271. COMPLAINT INFORMATION AND STATUS. (a) The
advisory board shall maintain a system to promptly and efficiently
act on complaints filed with the advisory board. The advisory
board shall maintain:
(1) information about the parties to the complaint and
the subject matter of the complaint;
(2) a summary of the results of the review or
investigation of the complaint; and
(3) information about the disposition of the
complaint.
(b) The advisory board shall make information available
describing its procedures for complaint investigation and
resolution.
(c) If a written complaint is filed with the advisory board
relating to a certificate holder or a person approved under Section
601.054 or 601.055, the advisory board, as often as quarterly and
until final determination of the action to be taken on the
complaint, shall notify the parties to the complaint of the status
of the complaint unless the notice would jeopardize an active
investigation.
Sec. 601.272. CONDUCT OF INVESTIGATION. The advisory board
shall complete a preliminary investigation of a complaint filed
with the advisory board not later than the 45th day after the date
of receiving the complaint. The advisory board shall first
determine whether the person constitutes a continuing threat to the
public welfare. On completion of the preliminary investigation,
the advisory board shall determine whether to officially proceed on
the complaint. If the advisory board fails to complete the
preliminary investigation in the time required by this section, the
advisory board's official investigation of the complaint is
considered to commence on that date.
Sec. 601.273. ACCESS TO COMPLAINT INFORMATION. (a) Except
as provided by Subsection (b), the advisory board shall provide a
person who is the subject of a formal complaint filed under this
chapter with access to all information in its possession that the
advisory board intends to offer into evidence in presenting its
case in chief at the contested hearing on the complaint, subject to
any other privilege or restriction established by rule, statute, or
legal precedent. The advisory board shall provide the information
not later than the 30th day after receipt of a written request from
the person or the person's counsel, unless good cause is shown for
delay.
(b) The advisory board is not required to provide:
(1) advisory board investigative reports;
(2) investigative memoranda;
(3) the identity of a nontestifying complainant;
(4) attorney-client communications;
(5) attorney work product; or
(6) other material covered by a privilege recognized
by the Texas Rules of Civil Procedure or the Texas Rules of
Evidence.
(c) Providing information under this section does not
constitute a waiver of privilege or confidentiality under this
chapter or other law.
Sec. 601.274. HEALTH CARE ENTITY REQUEST FOR INFORMATION.
On the written request of a health care entity, the advisory board
shall provide to the entity:
(1) information about a complaint filed against a
person that was resolved after investigation by:
(A) a disciplinary order of the advisory board;
or
(B) an agreed settlement; and
(2) the basis of and current status of any complaint
that has been referred by the executive director of the medical
board for enforcement action.
Sec. 601.275. CONFIDENTIALITY OF INVESTIGATIVE
INFORMATION. A complaint, adverse report, investigation file,
other report, or other investigative information in the possession
of or received or gathered by the advisory board, the medical board,
or an employee or agent of the medical board relating to a
certificate holder, a person approved under Section 601.054 or
601.055, an application for certification or approval, or a
criminal investigation or proceeding is privileged and
confidential and is not subject to discovery, subpoena, or other
means of legal compulsion for release to any person other than the
advisory board, the medical board, or an employee or agent of the
advisory board or medical board involved in discipline under this
chapter. For purposes of this section, "investigative information"
includes information related to the identity of a person performing
or supervising compliance monitoring for the advisory board or
medical board and a report prepared by the person related to
compliance monitoring.
Sec. 601.276. PERMITTED DISCLOSURE OF INVESTIGATIVE
INFORMATION. (a) Investigative information in the possession of
the advisory board, the medical board, or an employee or agent of
the medical board that relates to the discipline of a certificate
holder or a person approved under Section 601.054 or 601.055, may be
disclosed to:
(1) a licensing authority in another state or country
in which the certificate holder or person is licensed, certified,
or permitted or has applied for a license, certification, or
permit; or
(2) a medical peer review committee reviewing:
(A) an application for privileges; or
(B) the qualifications of the certificate holder
or person with respect to retaining privileges.
(b) If investigative information in the possession of the
advisory board, the medical board, or an employee or agent of the
medical board indicates that a crime may have been committed, the
advisory board or medical board, as appropriate, shall report the
information to the proper law enforcement agency. The advisory
board and medical board shall cooperate with and assist each law
enforcement agency conducting a criminal investigation of a
certificate holder or a person approved under Section 601.054 or
601.055 by providing information relevant to the investigation.
Confidential information disclosed to a law enforcement agency
under this subsection remains confidential and may not be disclosed
by the law enforcement agency except as necessary to further the
investigation.
SECTION 9.031. Subchapter G, Chapter 601, Occupations Code,
is amended to read as follows:
SUBCHAPTER G. CERTIFICATE DENIAL AND DISCIPLINARY ACTION
Sec. 601.301. CERTIFICATE DENIAL AND DISCIPLINARY ACTION.
The advisory board [department] may, for a violation of this
chapter or a rule adopted under this chapter:
(1) suspend, revoke, or refuse to renew a certificate;
(2) rescind approval of a curriculum, training
program, or instructor;
(3) deny an application for certification or approval;
(4) issue a reprimand; or
(5) place the offender's certificate on probation and
require compliance with a requirement of the advisory board
[department], including requiring the offender to:
(A) submit to medical or psychological
treatment;
(B) meet additional education requirements;
(C) pass an examination; or
(D) work under the supervision of a medical
radiologic technologist or other practitioner.
Sec. 601.302. GROUNDS FOR CERTIFICATE DENIAL OR
DISCIPLINARY ACTION. The advisory board [department] may take
action under Section 601.301 against a person subject to this
chapter for:
(1) obtaining or attempting to obtain a certificate
issued under this chapter by bribery or fraud;
(2) making or filing a false report or record made in
the person's capacity as a medical radiologic technologist;
(3) intentionally or negligently failing to file a
report or record required by law;
(4) intentionally obstructing or inducing another to
intentionally obstruct the filing of a report or record required by
law;
(5) engaging in unprofessional conduct, including the
violation of the standards of practice of radiologic technology
established by the advisory board;
(6) developing an incapacity that prevents the
practice of radiologic technology with reasonable skill,
competence, and safety to the public as the result of:
(A) an illness;
(B) drug or alcohol dependency; or
(C) another physical or mental condition or
illness;
(7) failing to report to the advisory board
[department] the violation of this chapter by another person;
(8) employing, for the purpose of applying ionizing
radiation to a person, a person who is not certified under or in
compliance with this chapter;
(9) violating this chapter, a rule adopted under this
chapter, an order of the advisory board [department] previously
entered in a disciplinary proceeding, or an order to comply with a
subpoena issued by the advisory board [department];
(10) having a certificate revoked, suspended, or
otherwise subjected to adverse action or being denied a certificate
by another certification authority in another state, territory, or
country; or
(11) being convicted of or pleading nolo contendere to
a crime directly related to the practice of radiologic technology.
Sec. 601.303. STUDENT PRACTICING WITHOUT DIRECT
SUPERVISION. The advisory board [department] may take disciplinary
action against a student for intentionally practicing radiologic
technology without direct supervision.
Sec. 601.304. ADMINISTRATIVE PROCEDURE. The procedure by
which the advisory board [department] takes a disciplinary action
and the procedure by which a disciplinary action is appealed are
governed by:
(1) advisory board [department] rules for a contested
case hearing; and
(2) Chapter 2001, Government Code.
Sec. 601.305. SURRENDER OF CERTIFICATE [REINSTATEMENT].
(a) The advisory board may accept the voluntary surrender of a
certificate. A person who has surrendered a certificate may not
engage in activities that require a certificate, and the advisory
board may not return the certificate to the person, until the person
demonstrates to the satisfaction of the advisory board [subject to
disciplinary action under Section 601.302(6) shall, at reasonable
intervals, be given an opportunity to demonstrate] that the person
is able to resume the practice of radiologic technology.
(b) The advisory board shall by rule establish guidelines
for determining when a person is competent to resume [may not
reinstate a certificate to a holder or issue a certificate to an
applicant previously denied a certificate unless the board is
satisfied that the holder or applicant has complied with
requirements set by the board and is capable of engaging in] the
practice of radiologic technology.
Sec. 601.306. EMERGENCY SUSPENSION. (a) The presiding
officer of the advisory board shall appoint a three-member
disciplinary panel consisting of advisory board members to
determine whether a certificate should be temporarily suspended.
(a-1) The disciplinary panel [department] shall temporarily
suspend the certificate of a certificate holder if the panel
[department] determines from the evidence or information presented
to it that continued practice by the certificate holder would
constitute a continuing [and imminent] threat to the public
welfare.
(b) A certificate may be suspended under this section
without notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a
hearing before the advisory board [State Office of Administrative
Hearings] simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code.
(c) Notwithstanding Chapter 551, Government Code, the
disciplinary panel may hold a meeting by telephone conference call
if immediate action is required and convening of the panel at one
location is inconvenient for any member of the panel [The State
Office of Administrative Hearings shall hold a preliminary hearing
not later than the 14th day after the date of the temporary
suspension to determine if there is probable cause to believe that a
continuing and imminent threat to the public welfare still exists.
A final hearing on the matter shall be held not later than the 61st
day after the date of the temporary suspension].
Sec. 601.307. DELEGATION OF CERTAIN COMPLAINT
DISPOSITIONS. (a) The advisory board may delegate to a committee
of medical board employees the authority to dismiss or enter into an
agreed settlement of a complaint that does not relate directly to
patient care or that involves only administrative violations. The
disposition determined by the committee must be approved by the
advisory board at a public meeting.
(b) A complaint delegated under this section shall be
referred for an informal proceeding under Section 601.311 if:
(1) the committee of employees determines that the
complaint should not be dismissed or settled;
(2) the committee is unable to reach an agreed
settlement; or
(3) the affected person requests that the complaint be
referred for an informal proceeding.
Sec. 601.308. SUBPOENA. (a) The executive director of the
medical board, the director's designee, or the secretary-treasurer
of the medical board may issue a subpoena or subpoena duces tecum
for the advisory board:
(1) to conduct an investigation or a contested
proceeding related to:
(A) alleged misconduct by a certificate holder or
a person approved under Section 601.054 or 601.055;
(B) an alleged violation of this chapter or other
law related to radiologic technology; or
(C) the provision of health care under this
chapter; or
(2) for purposes of determining whether to issue,
suspend, restrict, or revoke a certificate or approval under this
chapter.
(b) Failure to timely comply with a subpoena issued under
this section is a ground for:
(1) disciplinary action by the advisory board or
another licensing or regulatory agency with jurisdiction over the
person subject to the subpoena; and
(2) denial of an application for certification or
approval.
Sec. 601.309. PROTECTION OF PATIENT IDENTITY. In a
disciplinary investigation or proceeding conducted under this
chapter, the advisory board shall protect the identity of each
patient whose medical records are examined and used in a public
proceeding unless the patient:
(1) testifies in the public proceeding; or
(2) submits a written release in regard to the
patient's records or identity.
Sec. 601.310. REQUIRED SUSPENSION OF LICENSE OF
INCARCERATED CERTIFICATE HOLDER. Regardless of the offense, the
advisory board shall suspend the certificate or approval of a
person serving a prison term in a state or federal penitentiary
during the term of the incarceration.
Sec. 601.311. INFORMAL PROCEEDINGS. (a) The advisory
board by rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) informal proceedings held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under this section must require that:
(1) an informal meeting in compliance with Section
2001.054, Government Code, be scheduled and the advisory board give
notice to the person who is the subject of a complaint of the time
and place of the meeting not later than the 45th day before the date
the meeting is held;
(2) the complainant and the person who is the subject
of the complaint be provided an opportunity to be heard;
(3) at least one of the advisory board members
participating in the informal meeting as a panelist be a member who
represents the public;
(4) a member of the medical board's staff be at the
meeting to present to the advisory board's representative the facts
the staff reasonably believes it could prove by competent evidence
or qualified witnesses at a hearing; and
(5) the advisory board's legal counsel or a
representative of the attorney general be present to advise the
advisory board or the medical board's staff.
(c) The person who is the subject of the complaint is
entitled to:
(1) reply to the staff's presentation; and
(2) present the facts the person reasonably believes
the person could prove by competent evidence or qualified witnesses
at a hearing.
(d) After ample time is given for the presentations, the
advisory board representative shall recommend that the
investigation be closed or shall attempt to mediate the disputed
matters and make a recommendation regarding the disposition of the
case in the absence of a hearing under applicable law concerning
contested cases.
(e) If the person who is the subject of the complaint has
previously been the subject of disciplinary action by the advisory
board, the advisory board shall schedule the informal meeting as
soon as practicable.
Sec. 601.312. ADVISORY BOARD REPRESENTATION IN INFORMAL
PROCEEDINGS. (a) In an informal meeting under Section 601.311, at
least two panelists shall be appointed to determine whether an
informal disposition is appropriate.
(b) Notwithstanding Subsection (a) and Section
601.311(b)(3), an informal proceeding may be conducted by one
panelist if the person who is the subject of the complaint waives
the requirement that at least two panelists conduct the informal
proceeding. If the person waives that requirement, the panelist
may be any member of the advisory board.
(c) Except as provided by Subsection (d), the panel
requirements described by Subsections (a) and (b) apply to an
informal proceeding conducted by the advisory board under Section
601.311, including a proceeding to:
(1) consider a disciplinary case to determine if a
violation has occurred; or
(2) request modification or termination of an order.
(d) The panel requirements described by Subsections (a) and
(b) do not apply to an informal proceeding conducted by the advisory
board under Section 601.311 to show compliance with an order of the
advisory board.
Sec. 601.313. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN
INFORMAL PROCEEDINGS. (a) An advisory board member who serves as a
panelist at an informal meeting under Section 601.311 shall make
recommendations for the disposition of a complaint or
allegation. The member may request the assistance of a medical
board employee at any time.
(b) Medical board employees shall present a summary of the
allegations against the person who is the subject of the complaint
and of the facts pertaining to the allegation that the employees
reasonably believe may be proven by competent evidence at a formal
hearing.
(c) An attorney for the advisory board or medical board
shall act as counsel to the panel and, notwithstanding Subsection
(e), shall be present during the informal meeting and the panel's
deliberations to advise the panel on legal issues that arise during
the proceeding. The attorney may ask questions of a participant in
the informal meeting to clarify any statement made by the
participant. The attorney shall provide to the panel a historical
perspective on comparable cases that have appeared before the
advisory board or medical board, keep the proceedings focused on
the case being discussed, and ensure that the medical board's
employees and the person who is the subject of the complaint have an
opportunity to present information related to the case. During the
panel's deliberations, the attorney may be present only to advise
the panel on legal issues and to provide information on comparable
cases that have appeared before the advisory board or medical
board.
(d) The panel and medical board employees shall provide an
opportunity for the person who is the subject of the complaint and
the person's authorized representative to reply to the medical
board employees' presentation and to present oral and written
statements and facts that the person and representative reasonably
believe could be proven by competent evidence at a formal hearing.
(e) An employee of the medical board who participated in the
presentation of the allegation or information gathered in the
investigation of the complaint, the person who is the subject of the
complaint, the person's authorized representative, the
complainant, the witnesses, and members of the public may not be
present during the deliberations of the panel. Only the members of
the panel and the attorney serving as counsel to the panel may be
present during the deliberations.
(f) The panel shall recommend the dismissal of the complaint
or allegations or, if the panel determines that the person has
violated a statute or advisory board rule, the panel may recommend
advisory board action and terms for an informal settlement of the
case.
(g) The panel's recommendations under Subsection (f) must
be made in a written order and presented to the affected person and
the person's authorized representative. The person may accept the
proposed settlement within the time established by the panel at the
informal meeting. If the person rejects the proposed settlement or
does not act within the required time, the advisory board may
proceed with the filing of a formal complaint with the State Office
of Administrative Hearings.
Sec. 601.314. LIMIT ON ACCESS TO INVESTIGATION FILES. The
advisory board shall prohibit or limit access to an investigation
file relating to a person subject to an informal proceeding in the
manner provided by Sections 164.007(c) and 601.275.
Sec. 601.315. REFUND. (a) Subject to Subsection (b), the
advisory board may order a certificate holder to pay a refund to a
consumer as provided in an agreement resulting from an informal
settlement conference instead of or in addition to imposing an
administrative penalty under Subchapter H.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the certificate holder for a
service regulated by this chapter. The advisory board may not
require payment of other damages or estimate harm in a refund order.
Sec. 601.316. EXPERT IMMUNITY. An expert who assists the
advisory board is immune from suit and judgment and may not be
subjected to a suit for damages for any investigation, report,
recommendation, statement, evaluation, finding, or other action
taken in the course of assisting the advisory board in a
disciplinary proceeding. The attorney general shall represent the
expert in any suit resulting from a service provided by the person
in good faith to the advisory board.
SECTION 9.032. Section 601.351, Occupations Code, is
amended to read as follows:
Sec. 601.351. IMPOSITION OF PENALTY. The advisory board
[department] may impose an administrative penalty against a person
who violates this chapter or a rule adopted under this chapter.
SECTION 9.033. Section 601.353(a), Occupations Code, is
amended to read as follows:
(a) If, after investigating a possible violation and the
facts surrounding that possible violation, the advisory board
[department] determines that a violation occurred, the advisory
board [department] shall give written notice of the violation to
the person alleged to have committed the violation.
SECTION 9.034. Section 601.354, Occupations Code, is
amended to read as follows:
Sec. 601.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 20th day after the date the person receives the
notice, the person may:
(1) accept the [department's] determination,
including the proposed administrative penalty; or
(2) make a written request for a hearing on that
determination.
(b) If the person accepts the [department's] determination,
the advisory board [commissioner of public health or that
commissioner's designee] by order shall approve the determination
and impose the proposed penalty.
SECTION 9.035. Section 601.355, Occupations Code, is
amended to read as follows:
Sec. 601.355. HEARING. (a) If the person timely requests a
hearing, the advisory board [department] shall:
(1) set a hearing;
(2) give written notice of the hearing to the person;
and
(3) designate a hearings examiner to conduct the
hearing.
(b) The hearings examiner shall make findings of fact and
conclusions of law and promptly issue to the advisory board
[commissioner of public health or that commissioner's designee] a
proposal for decision as to the occurrence of the violation and the
amount of any proposed administrative penalty.
SECTION 9.036. Section 601.356, Occupations Code, is
amended to read as follows:
Sec. 601.356. DECISION BY ADVISORY BOARD [COMMISSIONER].
(a) Based on the findings of fact and conclusions of law and the
recommendations of the hearings examiner, the advisory board
[commissioner of public health or the commissioner's designee] by
order may determine that:
(1) a violation has occurred and may impose an
administrative penalty; or
(2) a violation did not occur.
(b) The advisory board [department] shall give notice of the
order to the person. The notice must include:
(1) separate statements of the findings of fact and
conclusions of law;
(2) the amount of any penalty imposed; and
(3) a statement of the right of the person to judicial
review of the order.
SECTION 9.037. Sections 601.357(b) and (c), Occupations
Code, are amended to read as follows:
(b) Within the 30-day period, a person who acts under
Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving to the court a supersedeas bond that
is approved by the court for the amount of the penalty and that is
effective until all judicial review of the order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the
advisory board [department] by certified mail.
(c) If the advisory board [department] receives a copy of an
affidavit as provided by Subsection (b)(2), the advisory board
[department] may file with the court a contest to the affidavit not
later than the fifth day after the date the copy is received.
SECTION 9.038. Section 601.358, Occupations Code, is
amended to read as follows:
Sec. 601.358. COLLECTION OF PENALTY. If the person does not
pay the administrative penalty and the enforcement of the penalty
is not stayed, the advisory board [department] may refer the matter
to the attorney general for collection.
SECTION 9.039. Section 601.360(a), Occupations Code, is
amended to read as follows:
(a) If, after judicial review, the administrative penalty
is reduced or not imposed by the court, the court shall, after the
judgment becomes final:
(1) order the appropriate amount, plus accrued
interest, be remitted to the person by the advisory board
[department] if the person paid the penalty under Section
601.357(a)(2); or
(2) if the person paid the penalty under Section
601.357(b)(1)(A) or posted a supersedeas bond, order the advisory
board [department] to:
(A) execute a complete release of the escrow
account or bond, as appropriate, if the penalty is not imposed; or
(B) release the escrow account or bond, as
appropriate, after the reduced penalty has been paid from the
account or by the person.
SECTION 9.040. Section 601.361, Occupations Code, is
amended to read as follows:
Sec. 601.361. EXPENSES AND COSTS. (a) In this section,
"reasonable expenses and costs" includes expenses incurred by the
advisory board [department] and the attorney general in the
investigation, initiation, or prosecution of an action, including
reasonable investigative costs, court costs, attorney's fees,
witness fees, and deposition expenses.
(b) The advisory board [department] may assess reasonable
expenses and costs against a person in an administrative hearing
if, as a result of the hearing, an administrative penalty is
assessed against the person. The person shall pay expenses and
costs assessed under this subsection not later than the 30th day
after the date the order of the advisory board [commissioner of
public health or that commissioner's designee] requiring the
payment of expenses and costs is final. The advisory board
[department] may refer the matter to the attorney general for
collection of the expenses and costs.
(c) If the attorney general brings an action against a
person to enforce an administrative penalty assessed under this
chapter and the person is found liable for an administrative
penalty, the attorney general may recover, on behalf of the
attorney general and the advisory board [department], reasonable
expenses and costs.
SECTION 9.041. Sections 601.401(a) and (c), Occupations
Code, are amended to read as follows:
(a) If it appears that a person has violated, is violating,
or is threatening to violate this chapter or a rule adopted under
this chapter, the advisory board [or the department] may bring an
action to enjoin the continued or threatened violation.
(c) At the request of the advisory board [or the
department], the attorney general shall bring an action in the name
of the state for the injunctive relief, to recover the civil
penalty, or both.
SECTION 9.042. Section 601.402(a), Occupations Code, is
amended to read as follows:
(a) A person who is required to be certified under this
chapter commits an offense if the person:
(1) knowingly administers a radiologic procedure to
another person without holding a valid certificate issued by the
advisory board [department];
(2) practices radiologic technology without holding a
certificate under this chapter;
(3) uses or attempts to use a suspended or revoked
certificate;
(4) knowingly allows a student enrolled in an
education program to perform a radiologic procedure without direct
supervision;
(5) obtains or attempts to obtain a certificate
through bribery or fraudulent misrepresentation;
(6) uses the title or name "certified medical
radiologic technologist" or any other name or title that implies
the person is certified to practice radiologic technology, unless
the person is certified under this chapter;
(7) knowingly conceals information relating to
enforcement of this chapter or a rule adopted under this chapter; or
(8) employs a person not certified by or in compliance
with this chapter for the purpose of applying ionizing radiation to
a person.
SECTION 9.043. Section 602.002, Occupations Code, is
amended by amending Subdivisions (1) and (4) and adding Subdivision
(5-a) to read as follows:
(1) "Advisory committee" ["Board"] means the Medical
Physicist [Texas Board of] Licensure Advisory Committee [for
Professional Medical Physicists in the Texas Department of Health].
(4) "License" means a certificate issued by the
medical board that authorizes the holder to engage in the practice
of medical physics.
(5-a) "Medical board" means the Texas Medical Board.
SECTION 9.044. The heading to Subchapter B, Chapter 602,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. MEDICAL PHYSICIST [TEXAS BOARD OF] LICENSURE ADVISORY
COMMITTEE [FOR PROFESSIONAL MEDICAL PHYSICISTS]
SECTION 9.045. Section 602.051, Occupations Code, is
amended to read as follows:
Sec. 602.051. ADVISORY COMMITTEE [BOARD]. (a) The advisory
committee [Texas Board of Licensure for Professional Medical
Physicists] is an informal advisory committee to the medical board
and is not subject to Chapter 2110, Government Code [the division of
the department responsible for regulating the practice of medical
physics].
(b) The advisory committee has no independent rulemaking
authority.
SECTION 9.046. The heading to Section 602.052, Occupations
Code, is amended to read as follows:
Sec. 602.052. APPOINTMENT OF ADVISORY COMMITTEE [BOARD
MEMBERS].
SECTION 9.047. Sections 602.052(a) and (d), Occupations
Code, are amended to read as follows:
(a) The advisory committee [board] consists of seven [nine]
members appointed by the president of the medical board [governor
with the advice and consent of the senate] as follows:
(1) four [five licensed] medical physicists licensed
in this state who each have at least five years of experience as a
medical physicist [, with at least one board certified
representative of each of the following specialties:
[(A) diagnostic radiological physics;
[(B) medical health physics;
[(C) medical nuclear physics; and
[(D) therapeutic radiological physics];
(2) two [three] physicians licensed in this state who
each have at least five years of clinical experience related to
medical physics [, with a board certified representative of each of
the following specialties:
[(A) diagnostic radiology;
[(B) nuclear medicine; and
[(C) radiation therapy]; and
(3) one member who represents the public.
(d) Appointments to the advisory committee [board] shall be
made without regard to the race, color, disability, creed, sex,
religion, age, or national origin of the appointee.
SECTION 9.048. The heading to Section 602.053, Occupations
Code, is amended to read as follows:
Sec. 602.053. PUBLIC MEMBER [BOARD MEMBERSHIP;]
ELIGIBILITY.
SECTION 9.049. Section 602.053(d), Occupations Code, is
amended to read as follows:
(d) An advisory committee [A public board] member
representing the public must be a resident of this [the] state for a
period of not less than four years preceding appointment. A person
may not be a [public] member of the advisory committee representing
the public [board] if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in a health care profession [the field of medical
physics];
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the medical board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the medical
board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the medical board other than
compensation or reimbursement authorized by law for medical board
membership, attendance, or expenses.
SECTION 9.050. Sections 602.054(b) and (c), Occupations
Code, are amended to read as follows:
(b) A person may not be a member of the advisory committee
[board] if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of medicine; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of medicine.
(c) A person may not serve as a member of the advisory
committee [board] if the person is required to register as a
lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the advisory committee or medical
board.
SECTION 9.051. Section 602.055, Occupations Code, is
amended to read as follows:
Sec. 602.055. TERMS; VACANCY. (a) Members of the advisory
committee [board] serve two-year [staggered six-year] terms. The
terms of the [three] members expire on February 1 of each
odd-numbered year.
(b) A person is not eligible to serve more than two [one]
consecutive full terms [six-year term]. [A person may serve
consecutively one six-year term and a shorter term that arises
because of filling an unexpired vacancy.]
(c) If a vacancy occurs during a member's term [on the
board], the president of the medical board [governor] shall appoint
a person to serve for the unexpired term.
SECTION 9.052. Sections 602.056(a) and (b), Occupations
Code, are amended to read as follows:
(a) It is a ground for removal from the advisory committee
[board] that a member:
(1) does not have at the time of appointment the
qualifications required by Section 602.052 [602.053] for
appointment to the board;
(2) does not maintain during service on the board the
qualifications required by Section 602.052 [602.053] for
appointment to the board;
(3) is ineligible for membership under Section
602.053(d) or Section 602.054; or
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term[; or
[(5) does not attend at least half of the regularly
scheduled board meetings held in a calendar year, excluding
meetings held while the person was not a board member, without an
excuse approved by the board].
(b) The validity of an [A board] action of the advisory
committee is not affected by the fact that it is taken while a
ground for removal of a member of the advisory committee [board]
exists [is not invalid for that reason].
SECTION 9.053. Section 602.057, Occupations Code, is
amended to read as follows:
Sec. 602.057. COMPENSATION. A member of the advisory
committee [board] is entitled to a per diem in an amount set by the
legislature for each day that the member engages in the business of
the advisory committee [board].
SECTION 9.054. Section 602.058, Occupations Code, is
amended to read as follows:
Sec. 602.058. ADVISORY COMMITTEE [BOARD] OFFICERS;
MEETINGS. (a) The president of the medical board [governor] shall
biennially designate a member of the advisory committee [board] as
the presiding officer of the advisory committee [board] to serve in
that capacity at the will of the president [governor]. The advisory
committee may [At the first regularly scheduled meeting of each
calendar year, the board shall] elect from its members additional
officers as necessary [an assistant presiding officer].
(b) The advisory committee [board] shall meet as requested
by the medical board. A meeting may be held by telephone conference
call [hold a meeting at least once a year and at other times in
accordance with board rule].
SECTION 9.055. The heading to Subchapter D, Chapter 602,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. MEDICAL BOARD POWERS AND DUTIES
SECTION 9.056. Section 602.151, Occupations Code, is
amended to read as follows:
Sec. 602.151. GENERAL POWERS AND DUTIES. The medical board
shall:
(1) adopt [and revise, with the department's
approval,] rules reasonably necessary to properly perform its
duties under this chapter;
(2) establish [adopt an official seal;
[(3) determine the] qualifications for a medical
physicist to practice in this state [and fitness of each applicant
for a license or license renewal];
(3) establish minimum education and training
requirements necessary for a license under this chapter;
(4) establish requirements for [charge a fee, in an
amount necessary to cover the costs incurred by the board in
administering this chapter, for processing and issuing or renewing
a license;
[(5) conduct] examinations for licensure;
(5) prescribe the application form for a license under
this chapter; and
(6) [issue, deny, renew, revoke, and suspend licenses;
[(7)] adopt and publish a code of ethics[; and
[(8) conduct hearings on complaints concerning
violations of this chapter or rules adopted under this chapter].
SECTION 9.057. Section 602.152, Occupations Code, is
amended to read as follows:
Sec. 602.152. CONSUMER INTEREST INFORMATION; COMPLAINTS.
(a) The medical board shall prepare information of consumer
interest describing the regulatory functions of the medical board
and the procedures by which complaints are filed with and resolved
by the medical board.
(b) The medical board shall maintain a file on each written
complaint filed with the medical board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the medical
board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the medical board closed the file without taking action other
than to investigate the complaint.
(c) The medical board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the medical board's policies and procedures relating to
complaint investigation and resolution.
(d) The medical board, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the complaint unless the notice would jeopardize an
undercover investigation.
SECTION 9.058. Section 602.1521, Occupations Code, is
amended to read as follows:
Sec. 602.1521. PUBLIC PARTICIPATION. The medical board
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the medical board and to
speak on any issue relating to medical physicists [under the
jurisdiction of the board].
SECTION 9.059. The heading to Section 602.1525, Occupations
Code, is amended to read as follows:
Sec. 602.1525. SUBPOENAS; CONFIDENTIALITY OF INFORMATION.
SECTION 9.060. Section 602.1525, Occupations Code, is
amended by amending Subsections (a), (h), and (i) and adding
Subsection (a-1) to read as follows:
(a) The executive director of the medical board, the
director's designee, or the secretary-treasurer of the medical
board may issue [In an investigation of a complaint filed with the
board, the board may request that the commissioner of public health
or the commissioner's designee approve the issuance of] a subpoena
or subpoena duces tecum:
(1) to conduct an investigation or a contested case
proceeding related to:
(A) alleged misconduct by a medical physicist;
(B) an alleged violation of this chapter or
another law related to the practice of medical physics; or
(C) the provision of health care under this
chapter; or
(2) for purposes of determining whether to issue,
suspend, restrict, or revoke a license under this chapter[. If the
request is approved, the board may issue a subpoena to compel the
attendance of a relevant witness or the production, for inspection
or copying, of relevant evidence that is in this state].
(a-1) Failure to timely comply with a subpoena issued under
this section is a ground for:
(1) disciplinary action by the medical board or
another licensing or regulatory agency with jurisdiction over the
person subject to the subpoena; and
(2) denial of a license application.
(h) All information and materials subpoenaed or compiled by
the medical board in connection with a complaint and investigation
are confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the medical board or its agents or employees who
are involved in discipline of the holder of a license, except that
this information may be disclosed to:
(1) persons involved with the medical board in a
disciplinary action against the holder of a license;
(2) professional medical physics licensing or
disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the medical
board under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the medical board
against a holder of a license, the nature of those charges,
disciplinary proceedings of the medical board, and final
disciplinary actions, including warnings and reprimands, by the
medical board are not confidential and are subject to disclosure in
accordance with Chapter 552, Government Code.
SECTION 9.061. Section 602.153, Occupations Code, is
amended to read as follows:
Sec. 602.153. CONTINUING EDUCATION. The medical board
shall recognize, prepare, or administer continuing education
programs for persons licensed under this chapter [by the board]. A
license holder must participate in the programs to the extent
required by the medical board to keep the person's license.
SECTION 9.062. Section 602.154, Occupations Code, is
amended to read as follows:
Sec. 602.154. RULES RELATING TO ADVERTISING OR COMPETITIVE
BIDDING. (a) The medical board may not adopt rules restricting
advertising or competitive bidding by a license holder except to
prohibit false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the medical board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the license holder; or
(4) restricts the license holder's advertisement under
a trade name.
SECTION 9.063. Subchapter D, Chapter 602, Occupations Code,
is amended by adding Section 602.155 to read as follows:
Sec. 602.155. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
The medical board shall adopt rules and guidelines as necessary to
comply with Chapter 53, except to the extent the requirements of
this chapter are stricter than the requirements of Chapter 53.
SECTION 9.064. Section 602.203, Occupations Code, is
amended to read as follows:
Sec. 602.203. LICENSE APPLICATION. (a) A person may apply
for a license by filing an application with the medical board.
(b) An application must be on a form prescribed by the
medical board and must include:
(1) evidence of relevant work experience, including a
description of the duties performed;
(2) an official transcript from the college or
university granting the applicant's degree;
(3) a statement of the medical physics specialty for
which the application is submitted;
(4) three professional references; and
(5) any additional information required by medical
board rule.
(c) The applicant must submit with the application the fee
prescribed by the medical board.
(d) The medical board [or the executive secretary] may
require an applicant to appear before the medical board [or
secretary] to present additional information in support of the
application.
SECTION 9.065. Section 602.205, Occupations Code, is
amended to read as follows:
Sec. 602.205. TEMPORARY LICENSE. The medical board may
issue a temporary license to an applicant who has satisfied the
educational requirements for a license but who has not yet
completed the experience and examination requirements of Section
602.207.
SECTION 9.066. Section 602.206(a), Occupations Code, is
amended to read as follows:
(a) The medical board shall administer a written
examination for a license to qualified applicants at least two
times each year.
SECTION 9.067. Section 602.207(a), Occupations Code, is
amended to read as follows:
(a) To be eligible to take an examination for a license, an
applicant must:
(1) have a master's or doctoral degree from an
accredited college or university that signifies the completion of
courses approved by the medical board in physics, medical physics,
biophysics, radiological physics, medical health physics, or
equivalent courses;
(2) have demonstrated, to the medical board's
satisfaction, completion of at least two years of full-time work
experience in the five years preceding the date of application in
the medical physics specialty for which application is made; and
(3) submit a completed application as required by
Section 602.203.
SECTION 9.068. Section 602.208, Occupations Code, is
amended to read as follows:
Sec. 602.208. EXAMINATION RESULTS; REEXAMINATION. (a) The
medical board shall notify each examinee of the results of the
examination not later than the 30th day after the date the
examination is administered. If an examination is graded or
reviewed by a national or state testing service, the medical board
shall notify each examinee of the results of the examination not
later than the 14th day after the date the medical board receives
the results from the testing service.
(b) If the medical board learns that the notice of the
examination results will be delayed for more than 90 days after the
examination date, the medical board shall notify each examinee of
the reason for the delay not later than the 90th day.
(c) If requested by a person who fails the examination, the
medical board shall provide to the person an analysis of the
person's performance on the examination.
(d) The medical board by rule shall establish procedures and
requirements for reexamination of an applicant who fails the
examination.
SECTION 9.069. Subchapter E, Chapter 602, Occupations Code,
is amended by adding Section 602.2081 to read as follows:
Sec. 602.2081. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE. (a) The medical board shall require that
an applicant for a license submit a complete and legible set of
fingerprints, on a form prescribed by the medical board, to the
medical board or to the Department of Public Safety for the purpose
of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of
Investigation.
(b) The medical board may not issue a license to a person who
does not comply with the requirement of Subsection (a).
(c) The medical board shall conduct a criminal history check
of each applicant for a license using information:
(1) provided by the individual under this section; and
(2) made available to the medical board by the
Department of Public Safety, the Federal Bureau of Investigation,
and any other criminal justice agency under Chapter 411, Government
Code.
(d) The medical board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history check required under
this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history check.
SECTION 9.070. Sections 602.209(a), (b), (c), and (e),
Occupations Code, are amended to read as follows:
(a) The medical board may issue a license to an eligible
applicant who:
(1) passes the examination under Section 602.206; and
(2) meets all other license requirements.
(b) Not later than the 30th day after the date the medical
board makes a decision on an application submitted under Section
602.203, the medical board shall notify the applicant of the
decision.
(c) If the medical board approves the application, the
medical board shall issue a license to the applicant. If the
medical board denies the application, the medical board shall
include in the notice of decision a description of the areas of
deficiency.
(e) A license certificate is the medical board's property
and must be surrendered on demand.
SECTION 9.071. Section 602.210, Occupations Code, is
amended to read as follows:
Sec. 602.210. LICENSE TERM AND RENEWAL. (a) A license is
valid for two years [one year] from the date granted and may be
renewed biennially [annually].
(b) The medical board by rule may adopt a system under which
licenses expire on various dates during the year.
(c) A person may renew an unexpired license by paying the
required renewal fee to the medical board before the expiration
date of the license.
(d) If a person's license has been expired for 90 days or
less, the person may renew the license by paying to the medical
board the required renewal fee and a penalty fee in an amount equal
to one-half of the amount of the renewal fee.
(e) If a person's license has been expired for longer than
90 days but less than one year [two years], the person may renew the
license by paying to the medical board the renewal fee that was due
at expiration and a penalty fee in an amount equal to the amount of
the renewal fee.
(f) If a person's license has been expired for one year [two
years] or longer, the person may not renew the license. To obtain a
new license, a person must comply with the requirements and
procedures for obtaining an original license, including the
examination requirement [application requirements of this chapter
and must submit to the board:
[(1) a supplemental experience record as required by
the board;
[(2) a description of professional activities
undertaken during the expiration period;
[(3) a list of current professional references; and
[(4) a transcript for any degree or college credit
earned since the person's previous license application].
(g) Not later than the 30th day before the date a person's
license expires, the medical board shall send written notice of the
impending license expiration to the person at the license holder's
last known address according to the records of the medical board.
SECTION 9.072. Subchapter E, Chapter 602, Occupations Code,
is amended by adding Section 602.2101 to read as follows:
Sec. 602.2101. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR RENEWAL. (a) An applicant renewing a license shall
submit a complete and legible set of fingerprints for purposes of
performing a criminal history check of the applicant as provided by
Section 602.2081.
(b) The medical board may not renew the license of a person
who does not comply with the requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the license
holder has previously submitted fingerprints under:
(1) Section 602.2081 for the initial issuance of the
license; or
(2) this section as part of a prior renewal of the
license.
SECTION 9.073. Section 602.211, Occupations Code, is
amended to read as follows:
Sec. 602.211. LICENSE BY ENDORSEMENT OR RECIPROCITY. (a)
On receipt of an application and fee under Section 602.203, the
medical board may waive any prerequisite for obtaining a license to
a person who holds a license to practice medical or radiological
physics in another state, territory, or jurisdiction acceptable to
the medical board that has requirements for the licensing of
medical or radiological physicists that are substantially the same
as the requirements of this chapter.
(b) The medical board may waive any prerequisite for
obtaining a license to practice medical physics in this state for an
applicant who holds a license issued by another jurisdiction with
which this state has a reciprocity agreement. The medical board may
make an agreement, subject to the approval of the governor, with
another state to allow for licensing by reciprocity.
SECTION 9.074. Section 602.212, Occupations Code, is
amended to read as follows:
Sec. 602.212. LICENSE HOLDER DUTIES. A license holder
shall:
(1) publicly display the license holder's license in
an appropriate manner; and
(2) report immediately to the medical board any change
in the license holder's address.
SECTION 9.075. Section 602.213, Occupations Code, is
amended to read as follows:
Sec. 602.213. PROVISIONAL LICENSE. (a) The medical board
may issue a provisional license to an applicant currently licensed
or certified in another jurisdiction who seeks a license in this
state and who:
(1) has been licensed or certified in good standing as
a practitioner of medical or radiologic physics for at least two
years in another jurisdiction, including a foreign country, that
has licensing or certification requirements substantially
equivalent to the requirements of this chapter;
(2) has passed a national or other examination
recognized by the medical board relating to the practice of medical
or radiologic physics; and
(3) is sponsored by a person licensed by the medical
board under this chapter with whom the provisional license holder
will practice during the time the person holds a provisional
license.
(b) The medical board may waive the requirement of
Subsection (a)(3) for an applicant if the medical board determines
that compliance with that subsection would be a hardship to the
applicant.
(c) A provisional license is valid until the date the
medical board approves or denies the provisional license holder's
application for a license. The medical board shall issue a license
under this chapter to the provisional license holder if:
(1) the provisional license holder is eligible to be
certified under Section 602.211; or
(2) the provisional license holder passes the part of
the examination under Section 602.206 that relates to the
applicant's knowledge and understanding of the laws and rules
relating to the practice of medical physics in this state and:
(A) the medical board verifies that the
provisional license holder meets the academic and experience
requirements for a license under this chapter; and
(B) the provisional license holder satisfies any
other licensing requirements under this chapter.
(d) The medical board must approve or deny a provisional
license holder's application for a license not later than the 180th
day after the date the provisional license is issued. The medical
board may extend the 180-day period if the results of an examination
have not been received by the medical board before the end of that
period.
(e) The medical board may establish a fee for provisional
licenses in an amount reasonable and necessary to cover the cost of
issuing the license.
SECTION 9.076. Section 602.251, Occupations Code, is
amended to read as follows:
Sec. 602.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
ACTION. The medical board shall refuse to issue or renew a license,
suspend or revoke a license, or reprimand a license holder for:
(1) obtaining or renewing a license by means of fraud,
misrepresentation, or concealment of a material fact;
(2) having previously applied for or held a license
issued by the licensing authority of another state, territory, or
jurisdiction that was denied, suspended, or revoked by that
licensing authority;
(3) engaging in unprofessional conduct that
endangered or is likely to endanger the health, safety, or welfare
of the public as defined by medical board rule;
(4) violating this chapter, a lawful order or rule of
the medical board, or the medical board's code of ethics; or
(5) being convicted of:
(A) a felony; or
(B) a misdemeanor involving moral turpitude or
that directly relates to the person's duties as a licensed medical
physicist.
SECTION 9.077. Section 602.252, Occupations Code, is
amended to read as follows:
Sec. 602.252. ADMINISTRATIVE PROCEDURE. Chapters 2001 and
2002, Government Code, and medical board rules for a contested
hearing apply to a proceeding by the medical board under this
subchapter.
SECTION 9.078. Subchapter F, Chapter 602, Occupations Code,
is amended by adding Section 602.2521 to read as follows:
Sec. 602.2521. INFORMAL PROCEDURES. (a) The medical board
by rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) informal proceedings held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant, if applicable and
permitted by law, an opportunity to be heard;
(2) provide the license holder an opportunity to be
heard; and
(3) require the medical board's legal counsel or a
representative of the attorney general to be present to advise the
medical board or the medical board's employees.
SECTION 9.079. Section 602.253, Occupations Code, is
amended to read as follows:
Sec. 602.253. PROBATION. The medical board may place on
probation a person whose license is suspended. If a license
suspension is probated, the medical board may require the person
to:
(1) report regularly to the medical board [department]
on matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the
medical board; or
(3) continue or review professional education until
the person attains a degree of skill satisfactory to the medical
board in those areas that are the basis of the probation.
SECTION 9.080. Section 602.254(a), Occupations Code, is
amended to read as follows:
(a) The medical board or a three-member panel [committee] of
medical board members designated by the president of the medical
board shall temporarily suspend the license of a license holder if
the medical board or panel [committee] determines from the evidence
or information presented to it that continued practice by the
license holder would constitute a continuing and imminent threat to
the public welfare.
SECTION 9.081. Section 602.301, Occupations Code, is
amended to read as follows:
Sec. 602.301. INJUNCTION. The medical board shall
prosecute or file suit to enjoin a violation of this chapter or a
rule adopted under this chapter.
SECTION 9.082. Section 602.3015, Occupations Code, is
amended to read as follows:
Sec. 602.3015. CIVIL PENALTY. (a) A person who violates
this chapter or a rule adopted or order issued [adopted by the
board] under this chapter is liable for a civil penalty not to
exceed $5,000 a day.
(b) At the request of the medical board, the attorney
general shall bring an action to recover a civil penalty authorized
under this section.
SECTION 9.083. Sections 602.351(a), (e), (g), (h), (i),
(j), (k), and (l), Occupations Code, are amended to read as follows:
(a) The medical board may impose an administrative penalty
on a person licensed under this chapter who violates this chapter or
a rule adopted or order issued [adopted] under this chapter. A
penalty collected under this subchapter shall be deposited in the
state treasury in the general revenue fund.
(e) If the medical board [executive secretary] determines
that a violation occurred, the medical board [executive secretary]
shall give written notice [of the report] by certified mail to the
person.
(g) Within 20 days after the date the person receives the
notice under Subsection (e), the person in writing may:
(1) accept the determination and recommended penalty
[of the executive secretary]; or
(2) make a request for a hearing on the occurrence of
the violation, the amount of the penalty, or both.
(h) If the person accepts the determination and recommended
penalty or if the person fails to respond to the notice, the medical
board by order shall approve the determination and impose the
recommended penalty.
(i) If the person requests a hearing, the medical board
shall refer the matter to the State Office of Administrative
Hearings, which shall promptly set a hearing date and give written
notice of the time and place of the hearing to the person. An
administrative law judge of the State Office of Administrative
Hearings shall conduct the hearing.
(j) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the medical board a
proposal for a decision about the occurrence of the violation and
the amount of a proposed penalty.
(k) Based on the findings of fact, conclusions of law, and
proposal for a decision, the medical board by order may determine
that:
(1) a violation occurred and impose a penalty; or
(2) a violation did not occur.
(l) The notice of the medical board's order under Subsection
(k) that is sent to the person in accordance with Chapter 2001,
Government Code, must include a statement of the right of the person
to judicial review of the order.
SECTION 9.084. Sections 602.352(a), (b), and (c),
Occupations Code, are amended to read as follows:
(a) Within 30 days after the date an order of the medical
board under Section 602.351(k) that imposes an administrative
penalty becomes final, the person shall:
(1) pay the penalty; or
(2) file a petition for judicial review of the medical
board's order contesting the occurrence of the violation, the
amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court that is:
(i) for the amount of the penalty; and
(ii) effective until all judicial review of
the medical board's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) sending a copy of the affidavit to the
medical board by certified mail.
(c) If the medical board receives a copy of an affidavit
under Subsection (b)(2), the medical board may file with the court,
within five days after the date the copy is received, a contest to
the affidavit. The court shall hold a hearing on the facts alleged
in the affidavit as soon as practicable and shall stay the
enforcement of the penalty on finding that the alleged facts are
true. The person who files an affidavit has the burden of proving
that the person is financially unable to pay the penalty or to give
a supersedeas bond.
SECTION 9.085. Sections 603.002(2) and (3), Occupations
Code, are amended to read as follows:
(2) "Advisory committee" ["Committee"] means the
[Texas State] Perfusionist Licensure Advisory Committee.
(3) "Medical board" ["Department"] means the Texas
Medical Board [Department of State Health Services].
SECTION 9.086. Section 603.006, Occupations Code, is
amended to read as follows:
Sec. 603.006. APPLICABILITY OF OTHER LAW. Chapter 2110,
Government Code, does not apply to the advisory committee.
SECTION 9.087. The heading to Subchapter B, Chapter 603,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. [TEXAS STATE] PERFUSIONIST LICENSURE ADVISORY
COMMITTEE
SECTION 9.088. Section 603.051, Occupations Code, is
amended to read as follows:
Sec. 603.051. ADVISORY COMMITTEE MEMBERSHIP. (a) The
advisory committee is an informal advisory committee to the medical
board. The advisory committee has no independent rulemaking
authority.
(a-1) The advisory committee [Texas State Perfusionist
Advisory Committee] consists of seven [five] members appointed by
the president of the medical board [commissioner] as follows:
(1) four perfusionists licensed in this state [two
licensed perfusionist members] who each have [been licensed under
this chapter for] at least five [three] years of experience as a
perfusionist [before the date of appointment];
(2) two physicians [one physician member] licensed in
this state [by the Texas State Board of Medical Examiners] who
supervise perfusionists [is certified by that board in
cardiovascular surgery]; and
(3) one member [two members] who represents
[represent] the public.
(b) Appointments to the advisory committee shall reflect
the historical and cultural diversity of the inhabitants of this
state.
(c) Appointments to the advisory committee shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
SECTION 9.089. Section 603.0511, Occupations Code, is
amended to read as follows:
Sec. 603.0511. PUBLIC MEMBER ELIGIBILITY [OF PUBLIC
MEMBERS]. A person may not be a public member of the advisory
committee if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in a [the field of] health care profession;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the medical board [department];
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the medical board
[department]; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the medical board [department] other
than compensation or reimbursement authorized by law for advisory
committee membership, attendance, or expenses.
SECTION 9.090. Sections 603.052(b) and (c), Occupations
Code, are amended to read as follows:
(b) A person may not be an advisory [a] committee member
[and may not be a department employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.)] if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care.
(c) A person may not be a member of the advisory committee or
act as the general counsel to the advisory committee [or the
department] if the person is required to register as a lobbyist
under Chapter 305, Government Code, because of the person's
activities for compensation on behalf of a profession related to
the operation of the advisory committee or medical board
[department].
SECTION 9.091. Section 603.053, Occupations Code, is
amended to read as follows:
Sec. 603.053. TERMS; VACANCY. (a) Members of the advisory
committee serve two-year [staggered six-year] terms. The terms of
the [one or two] members [, as appropriate,] expire on February 1 of
each odd-numbered year.
(b) If a vacancy occurs during a member's term, the
president of the medical board shall appoint a person to serve for
the unexpired term.
SECTION 9.092. Sections 603.054(a) and (b), Occupations
Code, are amended to read as follows:
(a) It is a ground for removal from the advisory committee
that a member:
(1) does not have at the time of taking office the
qualifications required by Section 603.051;
(2) does not maintain during service on the advisory
committee the qualifications required by Section 603.051;
(3) is ineligible for membership under Section
603.0511 or 603.052; or
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term [; or
[(5) is absent from more than half of the regularly
scheduled committee meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the committee].
(b) The validity of an action of the advisory committee is
not affected by the fact that it is taken when a ground for removal
of a member of the advisory committee exists.
SECTION 9.093. Section 603.056, Occupations Code, is
amended to read as follows:
Sec. 603.056. OFFICERS. (a) The president of the medical
board [Not later than the 30th day after the date the commissioner
appoints new committee members, the commissioner] shall designate
biennially an advisory committee member as the [a] presiding
officer of the advisory committee to serve in that capacity at the
will of the president. [The presiding officer serves at the
pleasure of the commissioner.]
(b) The advisory committee may appoint additional officers
as necessary.
SECTION 9.094. Section 603.057, Occupations Code, is
amended to read as follows:
Sec. 603.057. MEETINGS. The advisory committee shall meet
as requested by the medical board [subject to the call of the
commissioner]. A meeting may be held by telephone conference call.
SECTION 9.095. The heading to Subchapter D, Chapter 603,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. MEDICAL BOARD POWERS AND DUTIES
SECTION 9.096. Section 603.151, Occupations Code, is
amended to read as follows:
Sec. 603.151. GENERAL POWERS AND DUTIES [OF COMMISSIONER].
The medical board [commissioner] shall:
(1) establish the qualifications for a perfusionist to
practice in this state [and fitness of applicants for licenses,
including renewed and reciprocal licenses];
(2) establish requirements for an examination for a
license under this chapter [revoke, suspend, or deny a license,
probate a license suspension, or reprimand a license holder for a
violation of this chapter, a rule adopted by the executive
commissioner, or the code of ethics adopted by the executive
commissioner];
(3) establish minimum education and training
requirements necessary for a license under this chapter [spend
money necessary to administer the department's duties];
(4) prescribe the application form for a license under
this chapter; and [request and receive necessary assistance from
another state agency, including a state educational institution;]
(5) [adopt an official seal; and
[(6)] adopt and publish a code of ethics.
SECTION 9.097. Section 603.152, Occupations Code, is
amended to read as follows:
Sec. 603.152. GENERAL RULEMAKING AUTHORITY. The medical
board [executive commissioner] may adopt rules necessary to:
(1) regulate the practice of perfusion;
(2) enforce this chapter; and
(3) perform medical board [department] duties under
this chapter.
SECTION 9.098. Section 603.153, Occupations Code, is
amended to read as follows:
Sec. 603.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The medical board [executive commissioner] may not
adopt a rule restricting advertising or competitive bidding by a
person regulated by the medical board [department] except to
prohibit a false, misleading, or deceptive practice.
(b) The medical board [executive commissioner] may not
include in rules to prohibit a false, misleading, or deceptive
practice by a person regulated by the medical board [department] a
rule that:
(1) restricts the person's use of any medium for
advertising;
(2) restricts the person's personal appearance or use
of the person's voice in an advertisement;
(3) relates to the size or duration of any
advertisement by the person; or
(4) restricts the use by the person of a trade name in
advertising.
SECTION 9.099. Section 603.1535, Occupations Code, is
amended to read as follows:
Sec. 603.1535. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. (a) The medical board [executive commissioner] shall
adopt rules necessary to comply with Chapter 53, except to the
extent the requirements of this chapter are stricter than the
requirements of Chapter 53.
(b) In rules under this section, the medical board
[executive commissioner] shall list the specific offenses for which
a conviction would constitute grounds for the medical board
[commissioner] to take action under Section 53.021.
SECTION 9.100. Section 603.154, Occupations Code, is
amended to read as follows:
Sec. 603.154. FEES. The medical board [After consulting the
commissioner or the department, the executive commissioner] shall
set fees in amounts reasonable and necessary to cover the costs of
administering this chapter.
SECTION 9.101. Section 603.155, Occupations Code, is
amended to read as follows:
Sec. 603.155. [EXECUTIVE COMMISSIONER AND DEPARTMENT]
DUTIES REGARDING COMPLAINTS. (a) The medical board [executive
commissioner] by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the medical board [department]; and
(2) prescribe information to be provided to a person
when the person files a complaint with the medical board
[department].
(b) The medical board [department] shall provide reasonable
assistance to a person who wishes to file a complaint with the
medical board [department].
SECTION 9.102. Section 603.156, Occupations Code, is
amended to read as follows:
Sec. 603.156. REGISTRY. The medical board [department]
shall prepare a registry of licensed perfusionists and
provisionally licensed perfusionists that is available to the
public, license holders, and appropriate state agencies.
SECTION 9.103. Section 603.201, Occupations Code, is
amended to read as follows:
Sec. 603.201. PUBLIC INTEREST INFORMATION. (a) The
medical board [department] shall prepare information of consumer
interest describing the profession of perfusion, the regulatory
functions of the medical board [department], and the procedures by
which consumer complaints are filed with and resolved by the
medical board [department].
(b) The medical board [department] shall make the
information available to the public and appropriate state agencies.
SECTION 9.104. Section 603.202, Occupations Code, is
amended to read as follows:
Sec. 603.202. COMPLAINTS. (a) The medical board
[executive commissioner] by rule shall establish methods by which
consumers and service recipients are notified of the name, mailing
address, and telephone number of the medical board [department] for
the purpose of directing complaints to the medical board
[department]. The medical board [department] may provide for that
notice:
(1) on each license form, application, or written
contract for services of a person licensed under this chapter;
(2) on a sign prominently displayed in the place of
business of each person licensed under this chapter; or
(3) in a bill for services provided by a person
licensed under this chapter.
(b) The medical board [department] shall list with its
regular telephone number any toll-free telephone number
established under other state law that may be called to present a
complaint about a health professional.
SECTION 9.105. Section 603.203, Occupations Code, is
amended to read as follows:
Sec. 603.203. RECORDS OF COMPLAINTS. (a) The medical board
[department] shall maintain a system to promptly and efficiently
act on complaints filed under this chapter [with the
department]. The medical board [department] shall maintain:
(1) information about the parties to the complaint and
the subject matter of the complaint;
(2) a summary of the results of the review or
investigation of the complaint; and
(3) information about the disposition of the
complaint.
(b) The medical board [department] shall make information
available describing its procedures for complaint investigation
and resolution.
(c) The medical board [department] shall periodically
notify the parties of the status of the complaint until final
disposition of the complaint.
SECTION 9.106. Sections 603.204(a), (b), and (d),
Occupations Code, are amended to read as follows:
(a) The medical board [executive commissioner] shall adopt
rules concerning the investigation of a complaint filed under this
chapter [with the department]. The rules shall:
(1) distinguish among categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that if [the commissioner be advised of] a
complaint [that] is dismissed, [and that] a letter shall be sent to
the person who filed the complaint explaining the action taken on
the dismissed complaint;
(4) ensure that the person who filed the complaint has
an opportunity to explain the allegations made in the complaint;
and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the medical board [department] to obtain the
services of a private investigator.
(b) The medical board [department] shall:
(1) dispose of each complaint in a timely manner; and
(2) establish, not later than the 30th day after the
date the medical board [department] receives a complaint, a
schedule for conducting each phase of the complaint resolution
process that is under the control of the medical board
[department].
(d) The executive director of the medical board [secretary]
shall notify the president of the medical board [commissioner] of a
complaint that is not resolved within the time prescribed by the
medical board [commissioner] for resolving the complaint so that
the president [commissioner] may take necessary action on the
complaint.
SECTION 9.107. The heading to Section 603.2041, Occupations
Code, is amended to read as follows:
Sec. 603.2041. SUBPOENAS; CONFIDENTIALITY OF INFORMATION.
SECTION 9.108. Section 603.2041, Occupations Code, is
amended by amending Subsections (a), (h), and (i) and adding
Subsection (a-1) to read as follows:
(a) The executive director of the medical board, the
director's designee, or the secretary-treasurer of the medical
board may issue [In an investigation of a complaint filed with the
department, the department may request that the commissioner or the
commissioner's designee approve the issuance of] a subpoena or
subpoena duces tecum:
(1) to conduct an investigation or a contested case
proceeding related to:
(A) alleged misconduct by a perfusionist;
(B) an alleged violation of this chapter or
another law related to the practice of perfusion; or
(C) the provision of health care under this
chapter; or
(2) for purposes of determining whether to issue,
suspend, restrict, or revoke a license under this chapter[. If the
request is approved, the department may issue a subpoena to compel
the attendance of a relevant witness or the production, for
inspection or copying, of relevant evidence that is in this state].
(a-1) Failure to timely comply with a subpoena issued under
this section is a ground for:
(1) disciplinary action by the medical board or
another licensing or regulatory agency with jurisdiction over the
person subject to the subpoena; and
(2) denial of a license application.
(h) All information and materials subpoenaed or compiled by
the medical board [department] in connection with a complaint and
investigation are confidential and not subject to disclosure under
Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the medical board [department] or its
agents or employees involved in discipline of the holder of a
license, except that this information may be disclosed to:
(1) persons involved with the medical board
[department] in a disciplinary action against the holder of a
license;
(2) professional perfusionist licensing or
disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the medical
board [department] under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the medical board
[department] against a holder of a license, the nature of those
charges, disciplinary proceedings of the medical board
[department], and final disciplinary actions, including warnings
and reprimands, by the medical board [department] are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
SECTION 9.109. Section 603.205, Occupations Code, is
amended to read as follows:
Sec. 603.205. PUBLIC PARTICIPATION. (a) The medical board
[State Health Services Council] shall develop and implement
policies that provide the public with a reasonable opportunity to
appear before the medical board [State Health Services Council] and
to speak on any issue related to the practice of perfusion.
(b) The medical board [commissioner] shall prepare and
maintain a written plan that describes how a person who does not
speak English or who has a physical, mental, or developmental
disability may be provided reasonable access to the medical board's
[department's] programs.
SECTION 9.110. Section 603.252(b), Occupations Code, is
amended to read as follows:
(b) The medical board [executive commissioner] shall
prescribe the application form and by rule may establish dates by
which applications and fees must be received.
SECTION 9.111. Sections 603.253(b), (c), (d), and (e),
Occupations Code, are amended to read as follows:
(b) The medical board [department] shall prepare or approve
an examination. The medical board [department] may prescribe an
examination that consists of or includes a written examination
given by the American Board of Cardiovascular Perfusion or by a
national or state testing service.
(c) The medical board [department] shall have any written
portion of the examination validated by an independent testing
professional.
(d) The medical board [department] shall administer an
examination to qualified applicants at least once each calendar
year.
(e) On receipt of an application and application fee, the
medical board [department] shall waive the examination requirement
for an applicant who, at the time of application:
(1) is licensed or certified by another state that has
licensing or certification requirements the medical board
[department] determines to be substantially equivalent to the
requirements of this chapter; or
(2) holds a certificate as a certified clinical
perfusionist issued by the American Board of Cardiovascular
Perfusion before January 1, 1994, authorizing the holder to
practice perfusion in a state that does not license or certify
perfusionists.
SECTION 9.112. Sections 603.2535(b) and (c), Occupations
Code, are amended to read as follows:
(b) The medical board [department] shall develop and
administer at least twice each calendar year a jurisprudence
examination to determine an applicant's knowledge of this chapter,
rules adopted under this chapter [by the executive commissioner],
and any other applicable laws of this state affecting the
applicant's practice of perfusion.
(c) The medical board [executive commissioner] shall adopt
rules to implement this section, including rules related to the
development and administration of the examination, examination
fees, guidelines for reexamination, grading the examination, and
providing notice of examination results.
SECTION 9.113. Section 603.254, Occupations Code, is
amended to read as follows:
Sec. 603.254. QUALIFICATION FOR EXAMINATION. (a) To
qualify for the licensing examinations under this chapter, an
applicant must have successfully completed a perfusion education
program approved by the medical board [department].
(b) The medical board [department] may approve a perfusion
education program only if the program has educational standards
that are:
(1) at least as stringent as those established by the
Accreditation Committee for Perfusion Education of the American
Medical Association or its successor; and
(2) approved by the Commission on Accreditation of the
Allied Health Education Program of the American Medical Association
or its successor.
SECTION 9.114. Section 603.255(a), Occupations Code, is
amended to read as follows:
(a) The medical board [department] shall notify an
applicant in writing of the receipt and investigation of the
applicant's application and any other relevant evidence relating to
qualifications established by [an executive commissioner] rule not
later than:
(1) the 45th day after the date a properly submitted
and timely application is received; and
(2) the 30th day before the next examination date.
SECTION 9.115. Section 603.256, Occupations Code, is
amended to read as follows:
Sec. 603.256. EXAMINATION RESULTS. (a) The medical board
[department] shall notify each examinee of the examination results
not later than the 30th day after the date the examination is
administered. If an examination is graded or reviewed by a national
or state testing service, the medical board [department] shall
notify each examinee of the examination results not later than the
14th day after the date the medical board [department] receives the
results from the testing service.
(b) If the notice of the results of an examination graded or
reviewed by a national or state testing service will be delayed for
longer than 90 days after the examination date, the medical board
[department] shall notify each examinee of the reason for the delay
before the 90th day.
(c) If requested in writing by a person who fails the
examination, the medical board [department] shall provide to the
person an analysis of the person's performance on the examination.
SECTION 9.116. Section 603.257, Occupations Code, is
amended to read as follows:
Sec. 603.257. REEXAMINATION AND ALTERNATIVES TO
EXAMINATION. The medical board [executive commissioner] by rule
shall establish:
(1) a limit on the number of times an applicant who
fails an examination may retake the examination;
(2) requirements for retaking an examination; and
(3) alternative methods of examining competency.
SECTION 9.117. Subchapter F, Chapter 603, Occupations Code,
is amended by adding Section 603.2571 to read as follows:
Sec. 603.2571. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE. (a) The medical board shall require that
an applicant for a license submit a complete and legible set of
fingerprints, on a form prescribed by the medical board, to the
medical board or to the Department of Public Safety for the purpose
of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of
Investigation.
(b) The medical board may not issue a license to a person who
does not comply with the requirement of Subsection (a).
(c) The medical board shall conduct a criminal history check
of each applicant for a license using information:
(1) provided by the individual under this section; and
(2) made available to the medical board by the
Department of Public Safety, the Federal Bureau of Investigation,
and any other criminal justice agency under Chapter 411, Government
Code.
(d) The medical board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history check required under
this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history check.
SECTION 9.118. Sections 603.259(a), (c), and (d),
Occupations Code, are amended to read as follows:
(a) The medical board [department] may issue a provisional
license to an applicant who files an application, pays an
application fee, and submits evidence satisfactory to the medical
board [department] of successful completion of the education
requirement under Section 603.254.
(c) A provisionally licensed perfusionist must practice
under the supervision and direction of a licensed perfusionist
while performing perfusion. If the medical board [department]
finds that a licensed perfusionist is not reasonably available to
provide supervision and direction and if the medical board
[department] approves an application submitted [to the department]
by the provisionally licensed perfusionist, supervision and
direction may be provided by a physician who is licensed by the
medical board [Texas State Board of Medical Examiners] and
certified by the American Board of Thoracic Surgeons, Inc., or
certified in cardiovascular surgery by the American Osteopathic
Board of Surgery.
(d) The medical board [executive commissioner] may not
adopt a rule governing supervision and direction that requires the
immediate physical presence of the supervising person.
SECTION 9.119. Sections 603.301(b), (c), (d), and (f),
Occupations Code, are amended to read as follows:
(b) The medical board [executive commissioner] by rule may
adopt a system under which licenses expire on various dates during
the year.
(c) A person may renew an unexpired license by paying the
required renewal fee to the medical board [department] before the
license expiration date.
(d) A person whose license has been expired for 90 days or
less may renew the license by paying to the medical board
[department] a fee that is equal to 1-1/4 times the amount of the
renewal fee. If a license has been expired for more than 90 days
but less than one year, the person may renew the license by paying
to the medical board [department] a fee that is equal to 1-1/2 times
the amount of the renewal fee.
(f) Before the 30th day before a person's license expiration
date, the medical board [department] shall send written notice of
the impending license expiration to the person at the person's last
known address according to medical board [department] records.
SECTION 9.120. Section 603.303, Occupations Code, is
amended to read as follows:
Sec. 603.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The medical board [department] may renew
without reexamination an expired license of a person who was
licensed as a perfusionist in this state, moved to another state,
and is licensed or certified and has been in practice in the other
state for the two years preceding the date the person applies for
renewal.
(b) The person must pay to the medical board [department] a
fee that is equal to the amount of the renewal fee for the license.
SECTION 9.121. Subchapter G, Chapter 603, Occupations Code,
is amended by adding Section 603.3031 to read as follows:
Sec. 603.3031. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR RENEWAL. (a) An applicant renewing a license shall
submit a complete and legible set of fingerprints for purposes of
performing a criminal history check of the applicant as provided by
Section 603.2571.
(b) The medical board may not renew the license of a person
who does not comply with the requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the license
holder has previously submitted fingerprints under:
(1) Section 603.2571 for the initial issuance of the
license; or
(2) this section as part of a prior renewal of the
license.
SECTION 9.122. Section 603.304, Occupations Code, is
amended to read as follows:
Sec. 603.304. CONTINUING EDUCATION. (a) To renew a license
under this chapter, a person must submit proof satisfactory to the
medical board [department] that the person has complied with the
continuing education requirements prescribed by the medical board
[department].
(b) The medical board [executive commissioner] shall
establish continuing education programs for licensed perfusionists
and provisionally licensed perfusionists under this chapter. The
standards of the programs must be at least as stringent as the
standards of the American Board of Cardiovascular Perfusion or its
successor.
(c) The medical board [executive commissioner] shall:
(1) establish a minimum number of hours of continuing
education required for license renewal under this chapter; and
(2) develop a process to evaluate and approve
continuing education courses.
(d) The medical board [executive commissioner] shall
identify key factors for a license holder's competent performance
of professional duties. The medical board [executive
commissioner] shall adopt a procedure to assess a license holder's
participation in continuing education programs.
SECTION 9.123. Section 603.305, Occupations Code, is
amended to read as follows:
Sec. 603.305. GROUNDS FOR REFUSING RENEWAL. The medical
board [department] may refuse to renew the license of a person who
fails to pay an administrative penalty imposed under Subchapter K
unless enforcement of the penalty is stayed or a court has ordered
that the administrative penalty is not owed.
SECTION 9.124. Section 603.352, Occupations Code, is
amended to read as follows:
Sec. 603.352. LICENSE HOLDER INFORMATION. A person
licensed under this chapter shall keep the medical board
[department] informed of any change in the license holder's
address.
SECTION 9.125. Section 603.353, Occupations Code, is
amended to read as follows:
Sec. 603.353. SURRENDER OF LICENSE. A license certificate
issued by the medical board [department] is the property of the
medical board [department] and shall be surrendered on demand.
SECTION 9.126. Section 603.401, Occupations Code, is
amended to read as follows:
Sec. 603.401. GROUNDS FOR DISCIPLINARY ACTION. If a
license holder violates this chapter or a rule or code of ethics
adopted under this chapter [by the executive commissioner], the
medical board [department] shall:
(1) revoke or suspend the license;
(2) place on probation the person if the person's
license has been suspended;
(3) reprimand the license holder; or
(4) refuse to renew the license.
SECTION 9.127. Section 603.402, Occupations Code, is
amended to read as follows:
Sec. 603.402. HEARING. (a) If the medical board
[department] proposes to revoke, suspend, or refuse to renew a
person's license, the person is entitled to a hearing before a
hearings officer appointed by the State Office of Administrative
Hearings.
(b) The medical board [executive commissioner] shall
prescribe procedures for appealing [to the commissioner] a decision
to revoke, suspend, or refuse to renew a license.
SECTION 9.128. Section 603.404(a), Occupations Code, is
amended to read as follows:
(a) The medical board [executive commissioner] by rule
shall adopt a broad schedule of sanctions for a violation of this
chapter.
SECTION 9.129. Section 603.405, Occupations Code, is
amended to read as follows:
Sec. 603.405. PROBATION. The medical board [department]
may require a person whose license suspension is probated to:
(1) report regularly to the medical board [department]
on matters that are the basis of the probation;
(2) limit practice to areas prescribed by the medical
board [department]; or
(3) continue the person's professional education until
the license holder attains a degree of skill satisfactory to the
medical board [department] in those areas that are the basis of the
probation.
SECTION 9.130. Section 603.406, Occupations Code, is
amended to read as follows:
Sec. 603.406. MONITORING OF LICENSE HOLDER. (a) The
medical board [executive commissioner] by rule shall develop a
system for monitoring a license holder's compliance with the
requirements of this chapter.
(b) Rules adopted under this section must include
procedures to:
(1) monitor for compliance a license holder who is
ordered by the medical board [department] to perform certain acts;
and
(2) identify and monitor license holders who represent
a risk to the public.
SECTION 9.131. Section 603.407, Occupations Code, is
amended to read as follows:
Sec. 603.407. INFORMAL PROCEDURES. (a) The medical board
[executive commissioner] by rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant, if applicable and
permitted by law, an opportunity to be heard;
(2) provide [and] the license holder an opportunity to
be heard; and
(3) [(2)] require the presence of a representative of
the attorney general or the medical board's [department's] legal
counsel to advise the medical board [department] or the medical
board's [department's] employees.
SECTION 9.132. Section 603.408(a), Occupations Code, is
amended to read as follows:
(a) The medical board or a three-member panel of medical
board members designated by the president of the medical board
[department] shall temporarily suspend the license of a license
holder if the medical board or panel [department] determines from
the evidence or information presented to it that continued practice
by the license holder would constitute a continuing and imminent
threat to the public welfare.
SECTION 9.133. Section 603.409, Occupations Code, is
amended to read as follows:
Sec. 603.409. REFUND. (a) Subject to Subsection (b), the
medical board [department] may order a license holder to pay a
refund to a consumer as provided in an agreement resulting from an
informal settlement conference instead of or in addition to
imposing an administrative penalty under this chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The medical board [department]
may not require payment of other damages or estimate harm in a
refund order.
SECTION 9.134. Section 603.451(a), Occupations Code, is
amended to read as follows:
(a) The medical board [department] may request the attorney
general or the appropriate county or district attorney to commence
an action to enjoin a violation of this chapter.
SECTION 9.135. Section 603.4515, Occupations Code, is
amended to read as follows:
Sec. 603.4515. CIVIL PENALTY. (a) A person who violates
this chapter or[,] a rule adopted [by the executive commissioner,]
or an order issued [adopted by the commissioner] under this chapter
is liable for a civil penalty not to exceed $5,000 a day.
(b) At the request of the medical board [department], the
attorney general shall bring an action to recover a civil penalty
authorized under this section.
SECTION 9.136. Section 603.453(a), Occupations Code, is
amended to read as follows:
(a) If it appears to the medical board [commissioner] that a
person who is not licensed under this chapter is violating this
chapter, a rule adopted under this chapter, or another state
statute or rule relating to the practice of perfusion, the medical
board [commissioner] after notice and an opportunity for a hearing
may issue a cease and desist order prohibiting the person from
engaging in the activity.
SECTION 9.137. Section 603.501, Occupations Code, is
amended to read as follows:
Sec. 603.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The
medical board [department] may impose an administrative penalty on
a person licensed under this chapter who violates this chapter or a
rule or order adopted under this chapter.
SECTION 9.138. Section 603.502(c), Occupations Code, is
amended to read as follows:
(c) The medical board [executive commissioner] by rule
shall adopt an administrative penalty schedule based on the
criteria listed in Subsection (b) for violations of this chapter or
applicable rules to ensure that the amounts of penalties imposed
are appropriate to the violation. The medical board [executive
commissioner] shall provide the administrative penalty schedule to
the public on request.
SECTION 9.139. Section 603.503, Occupations Code, is
amended to read as follows:
Sec. 603.503. REPORT AND NOTICE OF VIOLATION AND PENALTY.
[(a)] If the medical board [commissioner or the commissioner's
designee] determines that a violation occurred, the medical board
[commissioner or the designee may issue to the department a report
stating:
[(1) the facts on which the determination is based;
and
[(2) the commissioner's or the designee's
recommendation on the imposition of an administrative penalty,
including a recommendation on the amount of the penalty.
[(b) Within 14 days after the date the report is issued, the
commissioner or the commissioner's designee] shall give written
notice of the violation [report] to the person. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended administrative
penalty; and
(3) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
SECTION 9.140. Section 603.504, Occupations Code, is
amended to read as follows:
Sec. 603.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Within 10 days after the date the person receives the notice, the
person in writing may:
(1) accept the determination and recommended
administrative penalty of the medical board [commissioner or the
commissioner's designee]; or
(2) make a request for a hearing on the occurrence of
the violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended
penalty of the medical board [commissioner or the commissioner's
designee], the medical board [commissioner] by order shall approve
the determination and impose the recommended penalty.
SECTION 9.141. Sections 603.505(a) and (c), Occupations
Code, are amended to read as follows:
(a) If the person requests a hearing or fails to respond in a
timely manner to the notice, the medical board [commissioner or the
commissioner's designee] shall set a hearing and give written
notice of the hearing to the person.
(c) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the medical board
[commissioner] a proposal for a decision about the occurrence of
the violation and the amount of a proposed administrative penalty.
SECTION 9.142. Section 603.506, Occupations Code, is
amended to read as follows:
Sec. 603.506. DECISION BY MEDICAL BOARD [COMMISSIONER].
(a) Based on the findings of fact, conclusions of law, and proposal
for decision, the medical board [commissioner] by order may
determine that:
(1) a violation occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) The notice of the medical board's [commissioner's] order
given to the person must include a statement of the right of the
person to judicial review of the order.
SECTION 9.143. Sections 603.507(a), (b), and (c),
Occupations Code, are amended to read as follows:
(a) Within 30 days after the date the medical board's
[commissioner's] order becomes final, the person shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review
of the commissioner's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the medical
board [commissioner or the commissioner's designee] by certified
mail.
(c) If the medical board [commissioner or the
commissioner's designee] receives a copy of an affidavit under
Subsection (b)(2), the medical board [commissioner or the designee]
may file with the court, within five days after the date the copy is
received, a contest to the affidavit.
SECTION 9.144. Sections 604.001(1) and (2), Occupations
Code, are amended to read as follows:
(1) "Advisory board" ["Board"] means the Texas Board
of Respiratory Care [Health].
(2) "Medical board" ["Department"] means the Texas
Medical Board [Department of Health].
SECTION 9.145. Section 604.003, Occupations Code, is
amended to read as follows:
Sec. 604.003. EFFECT OF CHAPTER. This chapter does not
prohibit:
(1) the practice of respiratory care as an integral
part of the program of study by a student enrolled in a respiratory
care education program approved by the advisory board [department];
(2) the employment by a health care facility of a
person to deliver limited respiratory care support services under
the supervision of another person who holds a certificate issued
under this chapter, if the person delivering the services does not
perform an invasive procedure related to critical respiratory care,
including a therapeutic, diagnostic, or palliative procedure, as
part of the person's employment and if that person:
(A) is enrolled for credit in the clinical
portion of an approved respiratory care education program; or
(B) has completed all of the clinical portion of
an approved respiratory care education program within the preceding
12 months and is actively pursuing a course of study leading to
graduation from the program;
(3) the care of an ill person provided without charge
by a friend or family member;
(4) care provided in an emergency by a person who does
not claim to be a respiratory care practitioner;
(5) the performance by a respiratory care practitioner
of an advance in the art and techniques of respiratory care learned
through formal or specialized training;
(6) the practice of respiratory care by health care
personnel who have been formally trained in the care used and who
are:
(A) licensed under the law regulating their
professions; or
(B) acting under the delegated authority of a
licensed physician;
(7) the practice of a legally qualified respiratory
care practitioner who is discharging the practitioner's official
duties as an employee of the United States government; or
(8) the practice by a person of a profession or
occupation for which the person is licensed, registered, or
certified under another law of this state.
SECTION 9.146. Chapter 604, Occupations Code, is amended by
adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. TEXAS BOARD OF RESPIRATORY CARE
Sec. 604.021. TEXAS BOARD OF RESPIRATORY CARE. The Texas
Board of Respiratory Care is an advisory board to the Texas Medical
Board.
Sec. 604.022. APPOINTMENT OF ADVISORY BOARD. (a) The
advisory board consists of nine members appointed by the governor
with the advice and consent of the senate as follows:
(1) four respiratory care practitioners who each have
at least five years of experience as a respiratory care
practitioner;
(2) two physicians licensed in this state who
supervise respiratory care practitioners; and
(3) three members who represent the public.
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Sec. 604.023. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS. (a)
In this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a public member of the advisory board
if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in a health care profession;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the medical board or advisory board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the medical board
or advisory board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the medical board or advisory board
other than compensation or reimbursement authorized by law for
advisory board membership, attendance, or expenses.
(c) A person may not be a member of the advisory board if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care.
(d) A person may not be a member of the advisory board or act
as the general counsel to the advisory board if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the medical board or
advisory board.
Sec. 604.024. TERMS; VACANCIES. (a) Members of the
advisory board are appointed for staggered six-year terms. The
terms of three members expire on February 1 of each odd-numbered
year.
(b) A member may not serve more than:
(1) two consecutive full terms; or
(2) a total of three full terms.
(c) If a vacancy occurs during a member's term, the governor
shall appoint a new member to fill the unexpired term.
Sec. 604.025. OFFICERS. The governor shall designate a
member of the advisory board as the presiding officer of the
advisory board to serve in that capacity at the will of the
governor. The advisory board shall select from its membership an
assistant presiding officer and other officers as the advisory
board considers necessary to carry out the advisory board's duties.
Sec. 604.026. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the advisory board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 604.022 and 604.023;
(2) does not maintain during service on the advisory
board the qualifications required by Sections 604.022 and 604.023;
(3) is ineligible for membership under Section
604.023;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled advisory board meetings that the member is eligible to
attend during a calendar year without an excuse approved by a
majority vote of the advisory board.
(b) The validity of an action of the advisory board is not
affected by the fact that it is taken when a ground for removal of an
advisory board member exists.
(c) If the executive director of the medical board has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the advisory board
of the potential ground. The presiding officer shall then notify
the governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest ranking officer of the advisory board, who shall then
notify the governor and the attorney general that a potential
ground for removal exists.
Sec. 604.027. PER DIEM. A member of the advisory board is
entitled to receive a per diem as set by legislative appropriation
for each day that the member engages in the business of the advisory
board.
Sec. 604.028. APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
AND ADMINISTRATIVE PROCEDURE LAWS. Except as otherwise provided
by this chapter, the advisory board is subject to Chapters 551, 552,
and 2001, Government Code.
Sec. 604.029. MEETINGS; QUORUM REQUIREMENTS. (a) The
advisory board shall conduct regular meetings at least three times
a year at the times and places the advisory board considers most
convenient for applicants and advisory board members.
(b) The advisory board may hold special meetings in
accordance with rules adopted by the advisory board and approved by
the medical board.
(c) A majority of the advisory board members constitutes a
quorum for all purposes except for an advisory board activity
related to examining the credentials of applicants, acting as a
panel for disciplinary action under Section 604.202, or conducting
an informal meeting under Section 604.209.
Sec. 604.030. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the advisory board may not
vote, deliberate, or be counted as a member in attendance at a
meeting of the advisory board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter and the advisory board's programs,
functions, rules, and budget;
(2) the results of the most recent formal audit of the
advisory board;
(3) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(4) any applicable ethics policies adopted by the
advisory board or the Texas Ethics Commission.
(c) A person appointed to the advisory board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 9.147. The heading to Subchapter B, Chapter 604,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. POWERS AND DUTIES OF ADVISORY BOARD AND MEDICAL BOARD
[DEPARTMENT]
SECTION 9.148. The heading to Section 604.052, Occupations
Code, is amended to read as follows:
Sec. 604.052. GENERAL POWERS AND DUTIES OF ADVISORY BOARD
[RULES].
SECTION 9.149. Section 604.052(a), Occupations Code, is
amended to read as follows:
(a) The advisory board [by rule] shall:
(1) adopt rules that are reasonable and necessary for
the performance of the advisory board's duties under this chapter,
as provided by Chapter 2001, Government Code, including rules to
establish:
(A) the certification and permitting program;
and
(B) minimum qualifications for respiratory care
practitioners;
(2) review and approve or reject each application for
the issuance or renewal of a certificate or temporary permit;
(3) issue each certificate or permit;
(4) deny, suspend, or revoke [standards for issuing,
denying, renewing, suspending, suspending on an emergency basis, or
revoking] a certificate or temporary permit or otherwise discipline
a certificate or permit holder; and
(5) take any action necessary to carry out the
functions and duties of the advisory board under this chapter.
SECTION 9.150. Subchapter B, Chapter 604, Occupations Code,
is amended by adding Sections 604.0521 and 604.0522 to read as
follows:
Sec. 604.0521. GUIDELINES FOR EARLY INVOLVEMENT IN
RULEMAKING PROCESS. (a) The advisory board shall adopt guidelines
to establish procedures for receiving input during the rulemaking
process from individuals and groups that have an interest in
matters under the advisory board's jurisdiction. The guidelines
must provide an opportunity for those individuals and groups to
provide input before the advisory board submits the rule to the
medical board for approval.
(b) A rule adopted under this chapter may not be challenged
on the grounds that the advisory board did not comply with this
section. If the advisory board was unable to solicit a significant
amount of input from the public or affected persons early in the
rulemaking process, the advisory board shall state in writing the
reasons why it was unable to do so.
Sec. 604.0522. POWERS AND DUTIES OF MEDICAL BOARD RELATING
TO RESPIRATORY CARE PRACTITIONERS. (a) The medical board shall
adopt rules consistent with this chapter to regulate:
(1) respiratory care practitioners; and
(2) physicians who supervise respiratory care
practitioners.
(b) The medical board, by a majority vote, shall approve or
reject each rule adopted by the advisory board. If approved, the
rule may take effect. If the rule is rejected, the medical board
shall return the rule to the advisory board for revision.
SECTION 9.151. Section 604.053, Occupations Code, is
amended to read as follows:
Sec. 604.053. FEES. (a) The advisory board by rule shall
set fees for an application, examination, certificate, temporary
permit, permit and certificate renewal, and certificate
reinstatement.
(b) The advisory board shall set fees in reasonable amounts
that are sufficient to cover the costs of administering this
chapter.
SECTION 9.152. Section 604.054, Occupations Code, is
amended to read as follows:
Sec. 604.054. APPROVAL OF EDUCATION PROGRAMS. In
determining whether to approve a respiratory care education
program, the advisory board [department] shall consider relevant
information about the quality of the program, including
accreditation of the program by a professional medical association,
such as the Commission on Accreditation of Allied Health Education
Programs.
SECTION 9.153. Section 604.055, Occupations Code, is
amended to read as follows:
Sec. 604.055. PEER ASSISTANCE PROGRAM. The medical board
[department] may establish, approve, and fund a peer assistance
program in accordance with Section 467.003, Health and Safety Code,
and medical board rules.
SECTION 9.154. Section 604.057, Occupations Code, is
amended to read as follows:
Sec. 604.057. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) The advisory board may not adopt rules restricting
advertising or competitive bidding by a temporary permit or
certificate holder except to prohibit false, misleading, or
deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the advisory board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a temporary permit or
certificate holder's personal appearance or voice in an
advertisement;
(3) relates to the size or duration of an
advertisement by the temporary permit or certificate holder; or
(4) restricts the temporary permit or certificate
holder's advertisement under a trade name.
SECTION 9.155. Subchapter B, Chapter 604, Occupations Code,
is amended by adding Sections 604.058, 604.059, and 604.060 to read
as follows:
Sec. 604.058. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
The advisory board shall adopt rules and guidelines as necessary to
comply with Chapter 53, except to the extent the requirements of
this chapter are stricter than the requirements of Chapter 53.
Sec. 604.059. ASSISTANCE BY MEDICAL BOARD; DIVISION OF
RESPONSIBILITIES. (a) The medical board shall provide
administrative and clerical employees as necessary to enable the
advisory board to administer this chapter.
(b) Subject to the advice and approval of the medical board,
the advisory board shall develop and implement policies that
clearly separate the policy-making responsibilities of the
advisory board and the management responsibilities of the executive
director and staff of the medical board.
Sec. 604.060. PUBLIC PARTICIPATION. Subject to the advice
and approval of the medical board, the advisory board shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the advisory board and to speak on any
issue under the jurisdiction of the advisory board.
SECTION 9.156. Section 604.101(b), Occupations Code, is
amended to read as follows:
(b) A person may not practice respiratory care other than
under the direction of a qualified medical director or other
physician licensed by the medical board [Texas State Board of
Medical Examiners].
SECTION 9.157. Section 604.103, Occupations Code, is
amended to read as follows:
Sec. 604.103. APPLICATION; APPLICATION FEE. An applicant
for a certificate or temporary permit must:
(1) apply to the advisory board [department] on a form
and under rules prescribed by the advisory board; and
(2) submit a nonrefundable application fee with the
application.
SECTION 9.158. Subchapter C, Chapter 604, Occupations Code,
is amended by adding Section 604.1031 to read as follows:
Sec. 604.1031. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR CERTIFICATE OR TEMPORARY PERMIT. (a) The advisory
board shall require that an applicant for a certificate or
temporary permit submit a complete and legible set of fingerprints,
on a form prescribed by the advisory board, to the advisory board or
to the Department of Public Safety for the purpose of obtaining
criminal history record information from the Department of Public
Safety and the Federal Bureau of Investigation.
(b) The advisory board may not issue a certificate or
temporary permit to a person who does not comply with the
requirement of Subsection (a).
(c) The advisory board shall conduct a criminal history
check of each applicant for a certificate or temporary permit using
information:
(1) provided by the individual under this section; and
(2) made available to the advisory board by the
Department of Public Safety, the Federal Bureau of Investigation,
and any other criminal justice agency under Chapter 411, Government
Code.
(d) The advisory board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history check required under
this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history check.
SECTION 9.159. Section 604.104, Occupations Code, is
amended to read as follows:
Sec. 604.104. REQUIREMENT FOR CERTIFICATE. An applicant
for a certificate must submit to the advisory board [department]
written evidence, verified by oath, that the applicant has
completed:
(1) an approved four-year high school course of study
or the equivalent as determined by the appropriate educational
agency; and
(2) a respiratory care education program approved by
the advisory board [department].
SECTION 9.160. Section 604.1041, Occupations Code, is
amended to read as follows:
Sec. 604.1041. EXAMINATION. (a) The advisory board by rule
shall establish examination requirements for a certificate under
this chapter. The advisory board may use the entry level
examination prepared by the National Board for Respiratory Care or
an equivalent examination.
(b) An applicant for a certificate or temporary permit must
pass a jurisprudence examination approved by the advisory board.
SECTION 9.161. Section 604.1042, Occupations Code, is
amended to read as follows:
Sec. 604.1042. NOTIFICATION OF EXAMINATION RESULTS. (a)
Not later than the 30th day after the date a person takes a
certification examination under this chapter, the advisory board
[department] shall notify the person of the results of the
examination.
(b) If the examination is graded or reviewed by a testing
service, the advisory board [department] shall notify the person of
the results of the examination not later than the 14th day after the
date the advisory board [department] receives the results from the
testing service. If notice of the examination results will be
delayed for longer than 90 days after the examination date, the
advisory board [department] shall notify the person of the reason
for the delay before the 90th day.
(c) The advisory board [department] may require a testing
service to notify a person of the results of the person's
examination.
(d) If requested in writing by a person who fails a
certification examination administered under this chapter, the
advisory board [department] shall furnish the person with an
analysis of the person's performance on the examination.
SECTION 9.162. Section 604.105, Occupations Code, is
amended to read as follows:
Sec. 604.105. ISSUANCE OF CERTIFICATE. The advisory board
[department] shall issue a certificate to an applicant who:
(1) meets the minimum standards adopted under Section
604.052(a);
(2) passes the required examinations;
(3) complies with the criminal history record
information requirement of Section 604.1031;
(4) submits an application on a form prescribed by the
advisory board;
(5) certifies that the applicant is mentally and
physically able to be a respiratory care practitioner;
(6) submits to the advisory board any other
information the advisory board considers necessary to evaluate the
applicant's qualifications; and
(7) pays the certificate fee.
SECTION 9.163. Section 604.106, Occupations Code, is
amended to read as follows:
Sec. 604.106. ISSUANCE OF CERTIFICATE BY RECIPROCITY. The
advisory board [department] may issue a certificate to a person who
is licensed or certified to practice respiratory care by another
state whose requirements for licensure or certification were on the
date the license or certificate was issued substantially equal to
the requirements of this chapter.
SECTION 9.164. Section 604.107, Occupations Code, is
amended to read as follows:
Sec. 604.107. REQUIREMENTS FOR TEMPORARY PERMIT. An
applicant for a temporary permit to practice respiratory care must
submit to the advisory board:
(1) [department] written evidence, verified by oath,
that the applicant is:
(A) [(1)] practicing or has within the 12-month
period preceding the application date practiced respiratory care in
another state or country and is licensed to practice respiratory
care in that state or country;
(B) [(2)] a student in an approved respiratory
care education program who expects to graduate from the program not
later than the 30th day after the date the temporary permit is
issued; or
(C) [(3)] a graduate of an approved respiratory
care education program; and
(2) any additional information required by advisory
board rules.
SECTION 9.165. Sections 604.108(a) and (b), Occupations
Code, are amended to read as follows:
(a) The advisory board [department] shall issue a temporary
permit to an applicant who:
(1) meets the requirements of Sections 604.103 and
604.107;
(2) complies with the criminal history record
information requirement of Section 604.1031; and
(3) pays the permit fee.
(b) A temporary permit is valid for the period set by
advisory board rule. The period may not be less than six months or
more than 12 months.
SECTION 9.166. Subchapter C, Chapter 604, Occupations Code,
is amended by adding Section 604.110 to read as follows:
Sec. 604.110. DELEGATION OF AUTHORITY TO ISSUE CERTIFICATE
OR TEMPORARY PERMIT. The advisory board may delegate authority to
medical board employees to issue certificates or temporary permits
under this chapter to applicants who clearly meet all applicable
requirements. If the medical board employees determine that the
applicant does not clearly meet all applicable requirements, the
application must be returned to the advisory board. A certificate
or temporary permit issued under this section does not require
formal advisory board approval.
SECTION 9.167. Section 604.151(b), Occupations Code, is
amended to read as follows:
(b) The advisory board by rule may adopt a system under
which certificates expire on various dates during the year. For the
year in which the certificate expiration date is changed, the
advisory board [department] shall prorate certificate fees on a
monthly basis so that each certificate holder pays only that
portion of the certificate fee that is allocable to the number of
months during which the certificate is valid. On renewal of the
certificate on the new expiration date, the total certificate
renewal fee is payable.
SECTION 9.168. Section 604.152, Occupations Code, is
amended to read as follows:
Sec. 604.152. NOTICE OF CERTIFICATE RENEWAL. (a) Not later
than the 30th day before the expiration date of a person's
certificate, the advisory board [department] shall mail a renewal
notice to the person at the person's last known address.
(b) To renew a certificate, the certificate holder must:
(1) complete the renewal notice and return the notice
with the renewal fee to the advisory board [department] on or before
the expiration date; and
(2) meet any other requirement established by advisory
board rule.
SECTION 9.169. Sections 604.1521(a) and (b), Occupations
Code, are amended to read as follows:
(a) A person whose certificate has been expired for 90 days
or less may renew the certificate by paying to the advisory board
[department] a renewal fee that is equal to 1-1/2 times the normally
required renewal fee.
(b) A person whose certificate has been expired for more
than 90 days but less than one year may renew the certificate by
paying to the advisory board [department] a renewal fee that is
equal to two times the normally required renewal fee.
SECTION 9.170. Section 604.1522(b), Occupations Code, is
amended to read as follows:
(b) The person must pay to the advisory board [department] a
fee that is equal to two times the normally required renewal fee for
the certificate.
SECTION 9.171. Subchapter D, Chapter 604, Occupations Code,
is amended by adding Section 604.1523 to read as follows:
Sec. 604.1523. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a
certificate or temporary permit shall submit a complete and legible
set of fingerprints for purposes of performing a criminal history
check of the applicant as provided by Section 604.1031.
(b) The advisory board may not renew the certificate or
temporary permit of a person who does not comply with the
requirement of Subsection (a).
(c) A person is not required to submit fingerprints under
this section for the renewal of a certificate or temporary permit if
the person has previously submitted fingerprints under:
(1) Section 604.1031 for the initial issuance of the
certificate or permit; or
(2) this section as part of a prior renewal of a
certificate or permit.
SECTION 9.172. Section 604.153(a), Occupations Code, is
amended to read as follows:
(a) The advisory board [department] shall issue to the
certificate holder a certificate for the renewal period on receipt
of the completed renewal notice and other information required by
advisory board rule and payment of the renewal fee.
SECTION 9.173. Section 604.154, Occupations Code, is
amended to read as follows:
Sec. 604.154. CONTINUING EDUCATION REQUIREMENTS. (a) The
advisory board shall establish for the renewal of a certificate
uniform continuing education requirements of not less than 12 or
more than 24 continuing education hours for each renewal period.
(b) The advisory board may adopt rules relating to meeting
the continuing education requirements in a hardship situation.
SECTION 9.174. Section 604.156, Occupations Code, is
amended to read as follows:
Sec. 604.156. INACTIVE STATUS. (a) A respiratory care
practitioner who does not practice respiratory care during a
renewal period and who notifies the advisory board [department]
that the practitioner is not practicing respiratory care is not
required to pay the renewal fee until the practitioner resumes
practice.
(b) To resume the practice of respiratory care, the
practitioner must:
(1) notify the advisory board [department];
(2) satisfy requirements adopted by the advisory
board; and
(3) pay the reinstatement fee and the renewal fee for
the renewal period in which the practitioner will resume practice.
SECTION 9.175. Section 604.157(b), Occupations Code, is
amended to read as follows:
(b) The advisory board [department] may renew a temporary
permit for not more than one additional period, pending compliance
with this chapter and advisory board rules. The additional period
may not be less than six months or more than 12 months.
SECTION 9.176. Chapter 604, Occupations Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. COMPLAINTS AND INVESTIGATIVE INFORMATION
Sec. 604.171. COMPLAINT INFORMATION AND STATUS. (a) The
advisory board shall maintain a system to promptly and efficiently
act on complaints filed with the advisory board. The advisory
board shall maintain:
(1) information about the parties to the complaint and
the subject matter of the complaint;
(2) a summary of the results of the review or
investigation of the complaint; and
(3) information about the disposition of the
complaint.
(b) The advisory board shall make information available
describing its procedures for complaint investigation and
resolution.
(c) If a written complaint is filed with the advisory board
relating to a certificate or temporary permit holder, the advisory
board, as often as quarterly and until final determination of the
action to be taken on the complaint, shall notify the parties to the
complaint of the status of the complaint unless the notice would
jeopardize an active investigation.
Sec. 604.172. CONDUCT OF INVESTIGATION. The advisory board
shall complete a preliminary investigation of a complaint filed
with the advisory board not later than the 45th day after the date
of receiving the complaint. The advisory board shall first
determine whether the person constitutes a continuing threat to the
public welfare. On completion of the preliminary investigation,
the advisory board shall determine whether to officially proceed on
the complaint. If the advisory board fails to complete the
preliminary investigation in the time required by this section, the
advisory board's official investigation of the complaint is
considered to commence on that date.
Sec. 604.173. ACCESS TO COMPLAINT INFORMATION. (a) Except
as provided by Subsection (b), the advisory board shall provide a
person who is the subject of a formal complaint filed under this
chapter with access to all information in its possession that the
advisory board intends to offer into evidence in presenting its
case in chief at the contested hearing on the complaint, subject to
any other privilege or restriction established by rule, statute, or
legal precedent. The advisory board shall provide the information
not later than the 30th day after receipt of a written request from
the person or the person's counsel, unless good cause is shown for
delay.
(b) The advisory board is not required to provide:
(1) advisory board investigative reports;
(2) investigative memoranda;
(3) the identity of a nontestifying complainant;
(4) attorney-client communications;
(5) attorney work product; or
(6) other material covered by a privilege recognized
by the Texas Rules of Civil Procedure or the Texas Rules of
Evidence.
(c) Providing information under this section does not
constitute a waiver of privilege or confidentiality under this
chapter or other law.
Sec. 604.174. HEALTH CARE ENTITY REQUEST FOR INFORMATION.
On the written request of a health care entity, the advisory board
shall provide to the entity:
(1) information about a complaint filed against a
person that was resolved after investigation by:
(A) a disciplinary order of the advisory board;
or
(B) an agreed settlement; and
(2) the basis of and current status of any complaint
that has been referred by the executive director of the medical
board for enforcement action.
Sec. 604.175. CONFIDENTIALITY OF INVESTIGATIVE
INFORMATION. A complaint, adverse report, investigation file,
other report, or other investigative information in the possession
of or received or gathered by the advisory board, the medical board,
or an employee or agent of the medical board relating to a
certificate or temporary permit holder, an application for a
certificate or temporary permit, or a criminal investigation or
proceeding is privileged and confidential and is not subject to
discovery, subpoena, or other means of legal compulsion for release
to any person other than the advisory board, the medical board, or
an employee or agent of the advisory board or medical board involved
in discipline under this chapter. For purposes of this section,
"investigative information" includes information related to the
identity of a person performing or supervising compliance
monitoring for the advisory board or medical board and a report
prepared by the person related to compliance monitoring.
Sec. 604.176. PERMITTED DISCLOSURE OF INVESTIGATIVE
INFORMATION. (a) Investigative information in the possession of
the advisory board, the medical board, or an employee or agent of
the medical board that relates to the discipline of a certificate or
temporary permit holder may be disclosed to:
(1) a licensing authority in another state or country
in which the certificate or temporary permit holder is licensed,
certified, or permitted or has applied for a license,
certification, or permit; or
(2) a medical peer review committee reviewing:
(A) an application for privileges; or
(B) the qualifications of the certificate holder
or person with respect to retaining privileges.
(b) If investigative information in the possession of the
advisory board, the medical board, or an employee or agent of the
medical board indicates that a crime may have been committed, the
advisory board or medical board, as appropriate, shall report the
information to the proper law enforcement agency. The advisory
board and medical board shall cooperate with and assist each law
enforcement agency conducting a criminal investigation of a
certificate or temporary permit holder by providing information
relevant to the investigation. Confidential information disclosed
to a law enforcement agency under this subsection remains
confidential and may not be disclosed by the law enforcement agency
except as necessary to further the investigation.
SECTION 9.177. Section 604.201, Occupations Code, is
amended to read as follows:
Sec. 604.201. DISCIPLINARY ACTION. (a) For a violation of
this chapter or a rule adopted under this chapter, the advisory
board [department] may:
(1) deny, suspend, suspend on an emergency basis,
revoke, or refuse to renew a certificate or temporary permit;
(2) place the certificate or permit holder on
probation under conditions set by the advisory board [department];
or
(3) reprimand the certificate or permit holder.
(b) The advisory board [department] shall take disciplinary
action authorized under Subsection (a) if the advisory board
[department] determines that a person who holds a certificate or
temporary permit:
(1) is guilty of fraud or deceit in procuring,
renewing, or attempting to procure a certificate or temporary
permit;
(2) is unfit or incompetent because of negligence or
another cause of incompetency;
(3) is addicted to or has improperly obtained,
possessed, used, or distributed a habit-forming drug or narcotic or
is habitually intemperate in the use of alcoholic beverages;
(4) is guilty of dishonest or unethical conduct as
determined by the advisory board [department];
(5) has practiced respiratory care after the person's
certificate or temporary permit has expired;
(6) has practiced respiratory care under a certificate
or temporary permit illegally or fraudulently obtained or issued;
(7) has practiced respiratory care without the
direction of a qualified medical director or other licensed
physician; or
(8) has violated this chapter or aided or abetted
another in violating this chapter.
SECTION 9.178. Subchapter E, Chapter 604, Occupations Code,
is amended by adding Section 604.2011 to read as follows:
Sec. 604.2011. SURRENDER OF CERTIFICATE OR TEMPORARY
PERMIT. (a) The advisory board may accept the voluntary surrender
of a certificate or temporary permit. A person who has surrendered a
certificate or temporary permit may not engage in activities that
require a certificate or permit, and the advisory board may not
return the certificate or permit to the person, until the person
demonstrates to the satisfaction of the advisory board that the
person is able to resume practice as a respiratory care
practitioner.
(b) The advisory board shall by rule establish guidelines
for determining when a person is competent to resume practice as a
respiratory care practitioner.
SECTION 9.179. Section 604.202, Occupations Code, is
amended to read as follows:
Sec. 604.202. EMERGENCY SUSPENSION. (a) The presiding
officer of the advisory board shall appoint a three-member
disciplinary panel consisting of advisory board members to
determine whether a certificate or permit should be temporarily
suspended.
(a-1) The disciplinary panel shall temporarily [department
may] suspend a certificate or temporary permit issued under this
chapter on a determination that continued practice by a certificate
or temporary permit holder would constitute a continuing threat to
the public welfare [the health and safety of a person is threatened
and may make the suspension effective immediately].
(b) A [person whose] certificate or temporary permit may be
[is] suspended under this section without notice or hearing on the
complaint if:
(1) action is taken to initiate proceedings for [is
entitled to] a hearing before the advisory board simultaneously
with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code [department not later
than the 10th day after the effective date of the emergency
suspension].
(c) Notwithstanding Chapter 551, Government Code, the
disciplinary panel may hold a meeting by telephone conference call
if immediate action is required and convening of the panel at one
location is inconvenient for any member of the panel.
SECTION 9.180. Section 604.203, Occupations Code, is
amended to read as follows:
Sec. 604.203. DISCIPLINARY PROCEDURE. The procedure by
which the advisory board [department] takes a disciplinary action
and the procedure by which a disciplinary action is appealed are
governed by:
(1) advisory board rules for a contested case hearing;
and
(2) Chapter 2001, Government Code.
SECTION 9.181. Subchapter E, Chapter 604, Occupations Code,
is amended by adding Sections 604.205 through 604.214 to read as
follows:
Sec. 604.205. DELEGATION OF CERTAIN COMPLAINT
DISPOSITIONS. (a) The advisory board may delegate to a committee
of medical board employees the authority to dismiss or enter into an
agreed settlement of a complaint that does not relate directly to
patient care or that involves only administrative violations. The
disposition determined by the committee must be approved by the
advisory board at a public meeting.
(b) A complaint delegated under this section shall be
referred for an informal proceeding under Section 604.209 if:
(1) the committee of employees determines that the
complaint should not be dismissed or settled;
(2) the committee is unable to reach an agreed
settlement; or
(3) the affected person requests that the complaint be
referred for an informal proceeding.
Sec. 604.206. SUBPOENA. (a) The executive director of the
medical board, the director's designee, or the secretary-treasurer
of the medical board may issue a subpoena or subpoena duces tecum
for the advisory board:
(1) to conduct an investigation or a contested
proceeding related to:
(A) alleged misconduct by a certificate or
temporary permit holder;
(B) an alleged violation of this chapter or other
law related to respiratory care; or
(C) the provision of health care under this
chapter; or
(2) for purposes of determining whether to issue,
suspend, restrict, or revoke a certificate or temporary permit
under this chapter.
(b) Failure to timely comply with a subpoena issued under
this section is a ground for:
(1) disciplinary action by the advisory board or
another licensing or regulatory agency with jurisdiction over the
person subject to the subpoena; and
(2) denial of an application for a certificate or
temporary permit.
Sec. 604.207. PROTECTION OF PATIENT IDENTITY. In a
disciplinary investigation or proceeding conducted under this
chapter, the advisory board shall protect the identity of each
patient whose medical records are examined and used in a public
proceeding unless the patient:
(1) testifies in the public proceeding; or
(2) submits a written release in regard to the
patient's records or identity.
Sec. 604.208. REQUIRED SUSPENSION OF LICENSE OF
INCARCERATED CERTIFICATE OR TEMPORARY PERMIT HOLDER. Regardless of
the offense, the advisory board shall suspend the certificate or
temporary permit of a person serving a prison term in a state or
federal penitentiary during the term of the incarceration.
Sec. 604.209. INFORMAL PROCEEDINGS. (a) The advisory
board by rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) informal proceedings held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under this section must require that:
(1) an informal meeting in compliance with Section
2001.054, Government Code, be scheduled and the advisory board give
notice to the person who is the subject of a complaint of the time
and place of the meeting not later than the 45th day before the date
the meeting is held;
(2) the complainant and the person who is the subject
of the complaint be provided an opportunity to be heard;
(3) at least one of the advisory board members
participating in the informal meeting as a panelist be a member who
represents the public;
(4) a member of the medical board's staff be at the
meeting to present to the advisory board's representative the facts
the staff reasonably believes it could prove by competent evidence
or qualified witnesses at a hearing; and
(5) the advisory board's legal counsel or a
representative of the attorney general be present to advise the
advisory board or the medical board's staff.
(c) The person who is the subject of the complaint is
entitled to:
(1) reply to the staff's presentation; and
(2) present the facts the person reasonably believes
the person could prove by competent evidence or qualified witnesses
at a hearing.
(d) After ample time is given for the presentations, the
advisory board representative shall recommend that the
investigation be closed or shall attempt to mediate the disputed
matters and make a recommendation regarding the disposition of the
case in the absence of a hearing under applicable law concerning
contested cases.
(e) If the person who is the subject of the complaint has
previously been the subject of disciplinary action by the advisory
board, the advisory board shall schedule the informal meeting as
soon as practicable.
Sec. 604.210. ADVISORY BOARD REPRESENTATION IN INFORMAL
PROCEEDINGS. (a) In an informal meeting under Section 604.209, at
least two panelists shall be appointed to determine whether an
informal disposition is appropriate.
(b) Notwithstanding Subsection (a) and Section
604.209(b)(3), an informal proceeding may be conducted by one
panelist if the person who is the subject of the complaint waives
the requirement that at least two panelists conduct the informal
proceeding. If the person waives that requirement, the panelist
may be any member of the advisory board.
(c) Except as provided by Subsection (d), the panel
requirements described by Subsections (a) and (b) apply to an
informal proceeding conducted by the advisory board under Section
604.209, including a proceeding to:
(1) consider a disciplinary case to determine if a
violation has occurred; or
(2) request modification or termination of an order.
(d) The panel requirements described by Subsections (a) and
(b) do not apply to an informal proceeding conducted by the advisory
board under Section 604.209 to show compliance with an order of the
advisory board.
Sec. 604.211. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN
INFORMAL PROCEEDINGS. (a) An advisory board member who serves as a
panelist at an informal meeting under Section 604.209 shall make
recommendations for the disposition of a complaint or
allegation. The member may request the assistance of a medical
board employee at any time.
(b) Medical board employees shall present a summary of the
allegations against the person who is the subject of the complaint
and of the facts pertaining to the allegation that the employees
reasonably believe may be proven by competent evidence at a formal
hearing.
(c) An attorney for the advisory board or medical board
shall act as counsel to the panel and, notwithstanding Subsection
(e), shall be present during the informal meeting and the panel's
deliberations to advise the panel on legal issues that arise during
the proceeding. The attorney may ask questions of a participant in
the informal meeting to clarify any statement made by the
participant. The attorney shall provide to the panel a historical
perspective on comparable cases that have appeared before the
advisory board or medical board, keep the proceedings focused on
the case being discussed, and ensure that the medical board's
employees and the person who is the subject of the complaint have an
opportunity to present information related to the case. During the
panel's deliberations, the attorney may be present only to advise
the panel on legal issues and to provide information on comparable
cases that have appeared before the advisory board or medical
board.
(d) The panel and medical board employees shall provide an
opportunity for the person who is the subject of the complaint and
the person's authorized representative to reply to the medical
board employees' presentation and to present oral and written
statements and facts that the person and representative reasonably
believe could be proven by competent evidence at a formal hearing.
(e) An employee of the medical board who participated in the
presentation of the allegation or information gathered in the
investigation of the complaint, the person who is the subject of the
complaint, the person's authorized representative, the
complainant, the witnesses, and members of the public may not be
present during the deliberations of the panel. Only the members of
the panel and the attorney serving as counsel to the panel may be
present during the deliberations.
(f) The panel shall recommend the dismissal of the complaint
or allegations or, if the panel determines that the person has
violated a statute or advisory board rule, the panel may recommend
advisory board action and terms for an informal settlement of the
case.
(g) The panel's recommendations under Subsection (f) must
be made in a written order and presented to the affected person and
the person's authorized representative. The person may accept the
proposed settlement within the time established by the panel at the
informal meeting. If the person rejects the proposed settlement or
does not act within the required time, the advisory board may
proceed with the filing of a formal complaint with the State Office
of Administrative Hearings.
Sec. 604.212. LIMIT ON ACCESS TO INVESTIGATION FILES. The
advisory board shall prohibit or limit access to an investigation
file relating to a person subject to an informal proceeding in the
manner provided by Sections 164.007(c) and 604.175.
Sec. 604.213. REFUND. (a) Subject to Subsection (b), the
advisory board may order a certificate or temporary permit holder
to pay a refund to a consumer as provided in an agreement resulting
from an informal settlement conference instead of or in addition to
imposing an administrative penalty under Subchapter F.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the certificate or temporary
permit holder for a service regulated by this chapter. The
advisory board may not require payment of other damages or estimate
harm in a refund order.
Sec. 604.214. EXPERT IMMUNITY. An expert who assists the
advisory board is immune from suit and judgment and may not be
subjected to a suit for damages for any investigation, report,
recommendation, statement, evaluation, finding, or other action
taken in the course of assisting the advisory board in a
disciplinary proceeding. The attorney general shall represent the
expert in any suit resulting from a service provided by the person
in good faith to the advisory board.
SECTION 9.182. Section 604.301, Occupations Code, is
amended to read as follows:
Sec. 604.301. IMPOSITION OF PENALTY. The advisory board
[department] may impose an administrative penalty on a person who
violates this chapter or a rule adopted under this chapter.
SECTION 9.183. Section 604.303, Occupations Code, is
amended to read as follows:
Sec. 604.303. NOTICE OF VIOLATION AND PENALTY. If, after
investigation of a possible violation and the facts surrounding the
possible violation, the advisory board [department] determines
that a violation occurred, the advisory board [department] shall
give written notice of the violation to the person alleged to have
committed the violation. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the proposed administrative
penalty based on the factors set forth in Section 604.302(b); and
(3) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
SECTION 9.184. Section 604.304, Occupations Code, is
amended to read as follows:
Sec. 604.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 20th day after the date the person receives the
notice under Section 604.303, the person may:
(1) accept the advisory board's [department's]
determination and proposed administrative penalty; or
(2) make a written request for a hearing on that
determination.
(b) If the person accepts the [department's] determination,
the advisory board [commissioner of public health or the
commissioner's designee] by order shall approve the determination
and assess the proposed penalty.
SECTION 9.185. Section 604.305, Occupations Code, is
amended to read as follows:
Sec. 604.305. HEARING. (a) If the person requests a
hearing in a timely manner, the advisory board [department] shall:
(1) set a hearing;
(2) give written notice of the hearing to the person;
and
(3) designate a hearings examiner to conduct the
hearing.
(b) The hearings examiner shall:
(1) make findings of fact and conclusions of law; and
(2) promptly issue to the advisory board
[commissioner of public health or the commissioner's designee] a
proposal for decision as to the occurrence of the violation and the
amount of any proposed administrative penalty.
SECTION 9.186. Section 604.306, Occupations Code, is
amended to read as follows:
Sec. 604.306. DECISION BY ADVISORY BOARD [COMMISSIONER OR
DESIGNEE]. (a) Based on the findings of fact, conclusions of law,
and proposal for decision, the advisory board [commissioner of
public health or the commissioner's designee] by order may
determine that:
(1) a violation occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) The advisory board [department] shall give notice of the
order to the person. The notice must include:
(1) separate statements of the findings of fact and
conclusions of law;
(2) the amount of any penalty imposed; and
(3) a statement of the person's right to judicial
review of the order.
SECTION 9.187. Sections 604.307(b) and (c), Occupations
Code, are amended to read as follows:
(b) Within the 30-day period, a person who acts under
Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving to the court a supersedeas bond
approved by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of
the order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the
advisory board [department] by certified mail.
(c) If the advisory board [department] receives a copy of an
affidavit under Subsection (b)(2), the advisory board [department]
may file with the court a contest to the affidavit not later than
the fifth day after the date the copy is received.
SECTION 9.188. Section 604.308, Occupations Code, is
amended to read as follows:
Sec. 604.308. COLLECTION OF PENALTY. If the person does not
pay the penalty and enforcement of the penalty is not stayed, the
advisory board [department] may refer the matter to the attorney
general for collection of the penalty.
SECTION 9.189. Section 604.311, Occupations Code, is
amended to read as follows:
Sec. 604.311. ADMINISTRATIVE PENALTY EXPENSES AND COSTS.
(a) In this section, "reasonable expenses and costs" includes
expenses incurred by the advisory board [department] or the
attorney general in the investigation, initiation, or prosecution
of an action, including reasonable investigative costs, court
costs, attorney's fees, witness fees, and deposition expenses.
(b) The advisory board [department] may assess reasonable
expenses and costs against a person in an administrative hearing
if, as a result of the hearing, an administrative penalty is
assessed against the person. The person shall pay expenses and
costs assessed under this subsection not later than the 30th day
after the date the order of the advisory board [commissioner of
public health or the commissioner's designee] requiring the payment
of expenses and costs is final. The advisory board [department] may
refer the matter to the attorney general for collection of the
expenses and costs.
(c) If the attorney general brings an action against a
person to enforce an administrative penalty assessed under this
subchapter and the person is found liable for an administrative
penalty, the attorney general may recover, on behalf of the
attorney general and the advisory board [department], reasonable
expenses and costs.
SECTION 9.190. The heading to Subchapter G, Chapter 604,
Occupations Code, is amended to read as follows:
SUBCHAPTER G. CRIMINAL PENALTIES AND ENFORCEMENT PROVISIONS
SECTION 9.191. Section 604.352(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly:
(1) sells, fraudulently obtains, or furnishes a
respiratory care diploma, certificate, temporary permit, or
record;
(2) practices respiratory care under a respiratory
care diploma, certificate, temporary permit, or record illegally or
fraudulently obtained or issued;
(3) impersonates in any manner a respiratory care
practitioner;
(4) practices respiratory care while the person's
certificate or temporary permit is suspended, revoked, or expired;
(5) conducts a formal respiratory care education
program to prepare respiratory care personnel other than a program
approved by the advisory board [department];
(6) employs a person as a respiratory care
practitioner who does not hold a certificate or temporary permit in
the practice of respiratory care; or
(7) otherwise practices medicine in violation of
Section 604.002.
SECTION 9.192. The following provisions of the Occupations
Code are repealed:
(1) Sections 601.002(2) and (3);
(2) Section 601.051;
(3) Section 601.053;
(4) Section 601.103;
(5) Section 602.002(2);
(6) Sections 602.052(b) and (c);
(7) Sections 602.053(a), (b), and (c);
(8) Section 602.056(c);
(9) Section 602.059;
(10) Subchapter C, Chapter 602;
(11) Sections 602.1525(b), (c), (d), (e), (f), and
(g);
(12) Section 602.204;
(13) Sections 603.002(1) and (4);
(14) Section 603.005;
(15) Section 603.054(c);
(16) Section 603.058;
(17) Subchapter C, Chapter 603;
(18) Section 603.158;
(19) Section 603.159;
(20) Sections 603.2041(b), (c), (d), (e), (f), and
(g);
(21) Section 604.051;
(22) Sections 604.052(b) and (c); and
(23) Section 604.056.
SECTION 9.193. Sections 601.1031, 601.1111, 602.2081,
602.2101, 603.2571, 603.3031, 604.1031, and 604.1523, Occupations
Code, as added by this article, apply only to an application for the
issuance or renewal of a license, certificate, or permit filed
under Chapter 601, 602, 603, or 604, Occupations Code, on or after
January 1, 2016. An application filed before that date is governed
by the law in effect at the time the application was filed, and the
former law is continued in effect for that purpose.
SECTION 9.194. (a) A rule or fee of the Department of State
Health Services that relates to a program transferred under this
article and that is in effect on the effective date of this Act
remains in effect until changed by the Texas Medical Board, the
Texas Board of Medical Radiologic Technology, or the Texas Board of
Respiratory Care, as appropriate.
(b) A license, certificate, or permit issued by the
Department of State Health Services for a program transferred under
this article is continued in effect as a license, certificate, or
permit of the Texas Medical Board, the Texas Board of Medical
Radiologic Technology, or the Texas Board of Respiratory Care, as
appropriate, after the effective date of this Act.
(c) A complaint, investigation, contested case, or other
proceeding before the Department of State Health Services relating
to a program transferred under this article that is pending on the
effective date of this Act is transferred without change in status
to the Texas Medical Board, the Texas Board of Medical Radiologic
Technology, or the Texas Board of Respiratory Care, as appropriate.
SECTION 9.195. (a) As soon as practicable after the
effective date of this Act, the Department of State Health Services
and the Texas Medical Board shall adopt a transition plan to provide
for the orderly transfer of powers, duties, functions, programs,
and activities under this article. The transition plan must
provide for the transfer to be completed as soon as practicable
after the effective date of this Act.
(b) The Department of State Health Services shall provide
the Texas Medical Board with access to any systems or information
necessary for the Texas Medical Board to accept a program
transferred under this article.
(c) On the effective date of this Act, the Texas Board of
Licensure for Professional Medical Physicists and the Texas State
Perfusionist Advisory Committee are abolished and the governor and
the president of the Texas Medical Board, as appropriate, shall, as
soon as practicable after the effective date of this Act, appoint
the members of the Texas Board of Medical Radiologic Technology,
the Medical Physicist Licensure Advisory Committee, the
Perfusionist Licensure Advisory Committee, and the Texas Board of
Respiratory Care.
ARTICLE 10. DEREGULATION OF CERTAIN ACTIVITIES AND OCCUPATIONS
SECTION 10.001. Section 2165.303(b), Government Code, is
amended to read as follows:
(b) The commission shall report the findings and test
results obtained under a contract for air monitoring under this
section to the office [and the department] in a form and manner
prescribed by the office [and the department] for that purpose.
SECTION 10.002. Section 2165.305(c), Government Code, is
amended to read as follows:
(c) In developing a seminar required by this section, the
office shall receive assistance from:
(1) the commission; and
(2) [the department; and
[(3)] an entity that specializes in research and
technical assistance related to indoor air quality but does not
receive appropriations from the state.
SECTION 10.003. The heading to Subtitle G, Title 2, Health
and Safety Code, is amended to read as follows:
SUBTITLE G. LICENSES AND OTHER REGULATION
SECTION 10.004. The heading to Subchapter C, Chapter 144,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER C. OPERATING PROCEDURES [FOR ALL LICENSE HOLDERS]
SECTION 10.005. Section 144.021, Health and Safety Code, is
amended to read as follows:
Sec. 144.021. GENERAL REQUIREMENTS FOR RENDERING
OPERATIONS [OPERATING LICENSES]. [(a)] Each rendering
establishment, related station, transfer station, dead animal
hauler, or renderable raw material hauler [applicant for or holder
of an operating license] shall adopt operating procedures that:
(1) provide for the sanitary performance of rendering
operations and processes;
(2) prevent the spread of infectious or noxious
materials; and
(3) ensure that finished products are free from
disease-producing organisms.
[(b) As a condition of licensure, the department may
prescribe other reasonable and appropriate construction,
operational, maintenance, and inspection requirements to ensure
compliance with this chapter and applicable rules of the
department.]
SECTION 10.006. Section 144.022, Health and Safety Code, is
amended to read as follows:
Sec. 144.022. RECORDS. (a) Each [licensed] rendering
establishment, related station, or dead animal hauler shall have a
dead animal log that meets the requirements prescribed by the
department. The name of the [licensed] rendering establishment,
related station, or dead animal hauler must be on the front of the
log.
(b) A rendering establishment, related station, or dead
animal hauler that [When a license holder] receives a dead animal [,
the license holder] shall enter the following information in the
log:
(1) the date and time of the pickup of the dead animal;
(2) the name of the driver of the collection vehicle;
(3) a description of the dead animal;
(4) the location of the dead animal, including the
county; and
(5) the owner of the dead animal, if known.
(c) The rendering establishment, related station, or dead
animal hauler [license holder] shall also keep a record in the log,
or in an appendix to the log, of the general route followed in
making the collection.
(d) The log is subject to inspection at all reasonable times
by the department or a person with written authorization from the
department. [Repeated or wilful failure or refusal to produce the
log for inspection or to permit inspection by persons properly
authorized to inspect the log constitutes grounds for license
revocation.]
(e) This section does not apply to a [licensed] renderable
raw material hauler.
SECTION 10.007. The heading to Section 144.023, Health and
Safety Code, is amended to read as follows:
Sec. 144.023. VEHICLES[; PERMIT REQUIRED].
SECTION 10.008. Section 144.023(c), Health and Safety Code,
is amended to read as follows:
(c) A truck bed used to transport dead animals or renderable
raw materials shall be thoroughly washed and sanitized before use
for the transport of finished rendered products. A truck bed used to
transport dead animals or renderable raw materials to a rendering
establishment, or to transfer finished rendered products from an
establishment, shall, before being used to transport any product
intended for human consumption, be thoroughly sanitized with a
bactericidal agent that is [determined by the department to be]
safe for use in a rendering establishment. A truck bed may not be
used to transport dead animals or renderable raw materials at the
same time the truck bed or any part of the truck bed is used to
transport any product intended for human consumption,
notwithstanding the manner in which part of the truck bed is sealed
or separated from the remainder of the bed.
SECTION 10.009. Section 144.027(c), Health and Safety Code,
is amended to read as follows:
(c) A drinking water supply [approved by the department]
shall be provided at convenient locations in the establishment for
the use of employees.
SECTION 10.010. Section 144.078(a), Health and Safety Code,
is amended to read as follows:
(a) The [On request of the department, the] attorney general
may bring an action in any district court of this state that has
jurisdiction and venue for an injunction to compel compliance with
this chapter or to restrain any actual or threatened violation of
this chapter.
SECTION 10.011. Section 144.079(c), Health and Safety Code,
is amended to read as follows:
(c) A renderer, hauler, or any other person may not[:
[(1) take possession of recyclable cooking oil from an
unlicensed hauler or an employee or contractor of an unlicensed
hauler; or
[(2)] knowingly take possession of stolen recyclable
cooking oil.
SECTION 10.012. Sections 145.006(a) and (b), Health and
Safety Code, are amended to read as follows:
(a) A tanning facility shall post a warning sign in a
conspicuous location where it is readily visible by persons
entering the establishment. [The board by rule shall specify the
size, design, and graphic design of the sign.] The sign must have
dimensions of at least 11 inches by 17 inches and must contain the
following wording:
Repeated exposure to ultraviolet radiation may cause chronic
sun damage characterized by wrinkling, dryness, fragility,
bruising of the skin, and skin cancer.
DANGER: ULTRAVIOLET RADIATION
Failure to use protective eyewear may result in severe burns
or permanent injury to the eyes.
Medications or cosmetics may increase your sensitivity to
ultraviolet radiation. Consult a physician before using a sunlamp
if you are using medications, have a history of skin problems, or
believe you are especially sensitive to sunlight. Pregnant women
or women taking oral contraceptives who use this product may
develop discolored skin.
[A customer may call the Texas Department of Health at
(insert toll-free telephone number) to report an alleged injury
regarding this tanning facility.]
IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM USE OF AN
ULTRAVIOLET LAMP OR SUNLAMP.
(b) A tanning facility operator shall also post a warning
sign at each tanning device in a conspicuous location that is
readily visible to a person about to use the device. [The board by
rule shall specify the size, design, and graphic design of the
sign.] The sign must have dimensions of at least 11 inches by 17
inches and must contain the following wording:
DANGER: ULTRAVIOLET RADIATION
1. Follow the manufacturer's instructions for use of this
device.
2. Avoid too frequent or lengthy exposure. As with natural
sunlight, exposure can cause serious eye and skin injuries and
allergic reactions. Repeated exposure may cause skin cancer.
3. Wear protective eyewear. Failure to use protective
eyewear may result in severe burns or permanent damage to the eyes.
4. Do not sunbathe before or after exposure to ultraviolet
radiation from sunlamps.
5. Medications or cosmetics may increase your sensitivity
to ultraviolet radiation. Consult a physician before using a
sunlamp if you are using medication, have a history of skin
problems, or believe you are especially sensitive to sunlight.
Pregnant women or women using oral contraceptives who use this
product may develop discolored skin.
[A customer may call the Texas Department of Health at
(insert toll-free telephone number) to report an alleged injury
regarding this tanning device.]
IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM USE OF
THIS DEVICE.
SECTION 10.013. Sections 145.008(i) and (j), Health and
Safety Code, are amended to read as follows:
(i) A record of each customer using a tanning device shall
be maintained at the tanning facility at least until the third
anniversary of the date of the customer's last use of a tanning
device. [The executive commissioner of the Health and Human
Services Commission by rule shall prescribe the form and content of
the records.] The record shall include:
(1) the date and time of the customer's use of a
tanning device;
(2) the length of time the tanning device was used;
(3) any injury or illness resulting from the use of a
tanning device;
(4) any written informed consent statement required to
be signed under Subsection (e);
(5) the customer's skin type, as determined by the
customer by using the Fitzpatrick scale for classifying a skin
type;
(6) whether the customer has a family history of skin
cancer; and
(7) whether the customer has a past medical history of
skin cancer.
(j) An operator shall keep an incident log at each tanning
facility. The log shall be maintained at the tanning facility at
least until the third anniversary of the date of an incident. [The
board by rule shall prescribe the form and content of the log.] The
log shall include each:
(1) alleged injury;
(2) use of a tanning device by a customer not wearing
protective eyewear;
(3) mechanical problem with a tanning device; and
(4) customer complaint.
SECTION 10.014. Section 145.0096, Health and Safety Code,
is amended by amending Subsections (a) and (b) and adding
Subsection (a-1) to read as follows:
(a) This section applies only to a business that:
(1) is operated under a license or permit as a sexually
oriented business issued in accordance with Section 243.007, Local
Government Code; or
(2) offers, as its primary business, a service or the
sale, rental, or exhibition of a device or other item that is
intended to provide sexual stimulation or sexual gratification to a
customer.
(a-1) A business to which this section applies [described by
Section 145.0095(a)(1) or (2)] may not use the word "tan" or
"tanning" in a sign or any other form of advertising.
(b) A person commits an offense if the person violates
Subsection (a-1) [(a)]. Except as provided by Subsection (c), an
offense under this subsection is a Class C misdemeanor.
SECTION 10.015. The heading to Section 145.011, Health and
Safety Code, is amended to read as follows:
Sec. 145.011. ACCESS TO RECORDS [RULES; INSPECTION].
SECTION 10.016. Section 145.011(c), Health and Safety Code,
is amended to read as follows:
(c) A person who is required to maintain records under this
chapter or a person in charge of the custody of those records shall,
at the request of a [an authorized agent or] health authority,
permit the [authorized agent or] health authority access to copy or
verify the records at reasonable times.
SECTION 10.017. Sections 145.0121(a) and (f), Health and
Safety Code, are amended to read as follows:
(a) If it appears that a person has violated or is violating
this chapter [or an order issued or a rule adopted under this
chapter], [the commissioner may request] the attorney general, or
the district, [or] county, [attorney] or [the] municipal attorney
[of a municipality] in the jurisdiction where the violation is
alleged to have occurred or may occur, may [to] institute a civil
suit for:
(1) an order enjoining the violation;
(2) a permanent or temporary injunction, a temporary
restraining order, or other appropriate remedy [if the department
shows that the person has engaged in or is engaging in a violation];
(3) the assessment and recovery of a civil penalty; or
(4) both injunctive relief and a civil penalty.
(f) The [commissioner or the] attorney general may [each]
recover reasonable expenses incurred in obtaining injunctive
relief or a civil penalty under this section, including
investigation and court costs, reasonable attorney's fees, witness
fees, and other expenses. [The expenses recovered by the
commissioner under this section shall be used for the
administration and enforcement of this chapter.] The expenses
recovered by the attorney general shall be used by the attorney
general.
SECTION 10.018. Section 145.016(b), Health and Safety Code,
is amended to read as follows:
(b) An operator or other person may disclose a customer
record:
(1) if the customer, or a person authorized to act on
behalf of the customer, requests the record;
(2) if a [the commissioner or an authorized agent or]
health authority requests the record under Section 145.011;
(3) if the customer consents in writing to the
disclosure to another person;
(4) in a criminal proceeding in which the customer is a
victim, witness, or defendant;
(5) if the record is requested in a criminal or civil
proceeding by court order or subpoena; or
(6) as otherwise required by law.
SECTION 10.019. Section 437.0057(a), Health and Safety
Code, is amended to read as follows:
(a) A county, a public health district, or the department
may require a food handler be certified through a food handler
program that is accredited by the American National Standards
Institute, if the [certification under Subchapter D, Chapter 438,
for each] food handler [who] is employed by a food service
establishment in which food is prepared on-site for sale to the
public and which holds a permit issued by the county, the public
health district, or the department. This section applies without
regard to whether the food service establishment is at a fixed
location or is a mobile food unit.
SECTION 10.020. Section 437.0195(a), Health and Safety
Code, is amended to read as follows:
(a) An individual who operates a cottage food production
operation must have successfully completed a basic food safety
education or training program for food handlers accredited by the
American National Standards Institute and the Conference for Food
Protection [under Subchapter D, Chapter 438].
SECTION 10.021. The heading to Section 438.041, Health and
Safety Code, is amended to read as follows:
Sec. 438.041. DEFINITIONS [DEFINITION].
SECTION 10.022. Section 438.041, Health and Safety Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Food manager" means an individual who manages or
operates a food establishment.
SECTION 10.023. Section 438.042(a), Health and Safety Code,
is amended to read as follows:
(a) The Texas Board of Health shall adopt standards and
procedures for the accreditation of education and training programs
for food managers [persons employed in the food service industry].
SECTION 10.024. Section 438.042(b), Health and Safety Code,
as added by Chapter 539 (S.B. 873), Acts of the 72nd Legislature,
Regular Session, 1991, is amended to read as follows:
(b) The Texas Board of Health shall adopt standards and
procedures for the accreditation of education and training programs
for recertification of food managers [persons employed in the food
service industry] who have previously completed a program
accredited in accordance with this subchapter or have been
certified by a local health jurisdiction and have completed
training and testing requirements substantially similar to those
required by this subchapter for program accreditation. The
requirements for accreditation in Section 438.043 need not be met
by an education or training program for recertification.
SECTION 10.025. Sections 438.046(b) and (c), Health and
Safety Code, are amended to read as follows:
(b) A local health jurisdiction that requires training for a
food service worker shall accept as sufficient to meet the
jurisdiction's training and testing requirements a food manager
training course that is accredited by the department or a food
handler training course that is accredited by the American National
Standards Institute [and listed with the registry]. A food service
worker trained in a course for the employees of a single entity is
considered to have met a local health jurisdiction's training and
testing requirements only as to food service performed for that
entity.
(c) Any fee charged by a local health jurisdiction for a
certificate issued to a food service worker trained by an
accredited course as provided by Subsection (b) [listed in the
registry] may not exceed the lesser of:
(1) the reasonable cost incurred by the jurisdiction
in issuing the certificate; or
(2) the fee charged by the jurisdiction to issue a
certificate to a food service worker certified by the jurisdiction
as having met the training and testing requirements by any other
means.
SECTION 10.026. Section 1001.071, Health and Safety Code,
is amended to read as follows:
Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT
RELATED TO HEALTH CARE. The department is responsible for
administering human services programs regarding the public health,
including:
(1) implementing the state's public health care
delivery programs under the authority of the department;
(2) administering state health facilities, hospitals,
and health care systems;
(3) developing and providing health care services, as
directed by law;
(4) providing for the prevention and control of
communicable diseases;
(5) providing public education on health-related
matters, as directed by law;
(6) compiling and reporting health-related
information, as directed by law;
(7) acting as the lead agency for implementation of
state policies regarding the human immunodeficiency virus and
acquired immunodeficiency syndrome and administering programs
related to the human immunodeficiency virus and acquired
immunodeficiency syndrome;
(8) investigating the causes of injuries and methods
of prevention;
(9) administering a grant program to provide
appropriated money to counties, municipalities, public health
districts, and other political subdivisions for their use to
provide or pay for essential public health services;
(10) administering the registration of vital
statistics;
(11) licensing, inspecting, and enforcing regulations
regarding health facilities, other than long-term care facilities
regulated by the Department of Aging and Disability Services;
(12) implementing established standards and
procedures for the management and control of sanitation and for
health protection measures;
(13) enforcing regulations regarding radioactive
materials;
(14) enforcing regulations regarding food, [bottled
and vended drinking water,] drugs, cosmetics, and health devices;
(15) enforcing regulations regarding food service
establishments, retail food stores, mobile food units, and roadside
food vendors;
(16) enforcing regulations controlling hazardous
substances in households and workplaces; and
(17) implementing a mental health program for
veterans.
SECTION 10.027. Section 32.074(a), Human Resources Code, is
amended to read as follows:
(a) In this section, "personal emergency response system"
has the meaning assigned by Section 1702.331, Occupations [781.001,
Health and Safety] Code.
SECTION 10.028. Section 843.002(24), Insurance Code, is
amended to read as follows:
(24) "Provider" means:
(A) a person, other than a physician, who is
licensed or otherwise authorized to provide a health care service
in this state, including:
(i) a chiropractor, registered nurse,
pharmacist, optometrist, [registered optician,] or acupuncturist;
or
(ii) a pharmacy, hospital, or other
institution or organization;
(B) a person who is wholly owned or controlled by
a provider or by a group of providers who are licensed or otherwise
authorized to provide the same health care service; or
(C) a person who is wholly owned or controlled by
one or more hospitals and physicians, including a
physician-hospital organization.
SECTION 10.029. Sections 351.005(a) and (d), Occupations
Code, are amended to read as follows:
(a) This chapter does not:
(1) apply to an officer or agent of the United States
or this state in performing official duties;
(2) prevent or interfere with the right of a physician
licensed by the Texas [State Board of] Medical Board [Examiners]
to:
(A) treat or prescribe for a patient; or
(B) direct or instruct a person under the
physician's control, supervision, or direction to aid or attend to
the needs of a patient according to the physician's specific
direction, instruction, or prescription;
(3) prevent a person from selling ready-to-wear
eyeglasses as merchandise at retail;
(4) prevent an unlicensed person from making simple
repairs to eyeglasses;
(5) [prevent or interfere with the right of a
dispensing optician registered under Chapter 352 to engage in
spectacle or contact lens dispensing under that chapter;
[(6)] prevent an ophthalmic dispenser who does not
practice optometry or therapeutic optometry from measuring
interpupillary distances or making facial measurements to dispense
or adapt an ophthalmic prescription, lens, product, or accessory in
accordance with the specific directions of a written prescription
signed by an optometrist, therapeutic optometrist, or licensed
physician;
(6) [(7)] prevent the administrator or executor of the
estate of a deceased optometrist or therapeutic optometrist from
employing an optometrist or therapeutic optometrist to continue the
practice of the deceased during estate administration; or
(7) [(8)] prevent an optometrist or therapeutic
optometrist from working for the administrator or executor of the
estate of a deceased optometrist or therapeutic optometrist to
continue the practice of the deceased during estate administration.
(d) Continuation of the practice of a deceased optometrist
or therapeutic optometrist by an estate under Subsections (a)(6)
and (7) [(a)(7) and (8)] must:
(1) be authorized by the county judge; and
(2) terminate before the first anniversary of the date
of death of the optometrist or therapeutic optometrist.
SECTION 10.030. Section 353.004, Occupations Code, is
amended to read as follows:
Sec. 353.004. PUBLIC INFORMATION ON PRESCRIPTION RELEASE.
[(a)] The [board and the] Texas Optometry Board shall prepare and
provide to the public and appropriate state agencies information
regarding the release and verification of contact lens
prescriptions.
[(b) The board may adopt rules necessary to implement this
section.]
SECTION 10.031. Section 353.1015(b), Occupations Code, is
amended to read as follows:
(b) A prescription is considered verified under this
section if:
(1) the prescribing physician, optometrist, or
therapeutic optometrist by a direct communication confirms that the
prescription is accurate;
(2) the prescribing physician, optometrist, or
therapeutic optometrist informs the person dispensing the contact
lenses that the prescription is inaccurate and provides the correct
prescription information; or
(3) the prescribing physician, optometrist, or
therapeutic optometrist fails to communicate with the person
dispensing the contact lenses not later than the eighth business
hour after the prescribing physician, optometrist, or therapeutic
optometrist receives from the person dispensing the contact lenses
the request for verification [or within another similar period
specified by rule].
SECTION 10.032. Section 353.103(a), Occupations Code, is
amended to read as follows:
(a) If a patient presents a contact lens prescription to be
filled or asks a person who dispenses contact lenses [permit
holder] to verify a contact lens prescription under Section
353.1015, but requests that fewer than the total number of lenses
authorized by the prescription be dispensed, the person dispensing
the lenses shall note on the prescription or verification:
(1) the number of lenses dispensed;
(2) the number of lenses that remain eligible to be
dispensed under the prescription; and
(3) the name, address, and telephone number[, and
license or permit number] of the person dispensing the lenses.
SECTION 10.033. Section 353.104(a), Occupations Code, is
amended to read as follows:
(a) If a patient needs an emergency refill of the patient's
contact lens prescription, a physician, optometrist, or
therapeutic optometrist may telephone or fax the prescription to a
person who dispenses [authorized to dispense] contact lenses [under
Section 353.051] or may verify a prescription under Section
353.1015.
SECTION 10.034. Section 353.151, Occupations Code, is
amended to read as follows:
Sec. 353.151. DIRECTIONS FOR INDEPENDENT DISPENSER
[OPTICIAN]; DELEGATION. (a) If a physician's directions,
instructions, or orders are to be performed or a physician's
prescription is to be filled by a person [an optician] who is
independent of the physician's office, the directions,
instructions, orders, or prescription must be:
(1) in writing or verified under Section 353.1015;
(2) of a scope and content and communicated to the
person [optician] in a form and manner that, in the professional
judgment of the physician, best serves the health, safety, and
welfare of the physician's patient; and
(3) in a form and detail consistent with the person's
[optician's] skill and knowledge.
(b) A person who dispenses contact lenses [holds a contact
lens dispensing permit issued under Subchapter B] may measure the
eye or cornea and may evaluate the physical fit of lenses for a
particular patient of a physician if the physician has delegated in
writing those responsibilities regarding that patient to the person
in accordance with Subsection (a) and Section 351.005.
(c) If a physician notes on a spectacle prescription "fit
for contacts" or similar language and has, as required by
Subsections (a) and (b), specifically delegated to a specific
person [optician] the authority to make the additional measurements
and evaluations necessary for a fully written contact lens
prescription, the person [optician] may dispense contact lenses to
the patient even though the prescription is less than a fully
written contact lens prescription.
SECTION 10.035. The heading to Subtitle G, Title 3,
Occupations Code, is amended to read as follows:
SUBTITLE G. PROFESSIONS RELATED TO HEARING AND[,] SPEECH[, AND
DYSLEXIA]
SECTION 10.036. The following provisions of the Government
Code are repealed:
(1) Section 2165.301(2);
(2) Section 2165.302; and
(3) Section 2165.304.
SECTION 10.037. The following provisions of the Health and
Safety Code are repealed:
(1) Section 144.001;
(2) Subchapter B, Chapter 144;
(3) Sections 144.023(d) and (e);
(4) Section 144.031;
(5) Subchapter D, Chapter 144;
(6) Subchapter E, Chapter 144;
(7) Subchapter F, Chapter 144;
(8) Section 144.071;
(9) Section 144.072;
(10) Section 144.073;
(11) Section 144.074;
(12) Section 144.075;
(13) Section 144.076;
(14) Section 144.077;
(15) Section 144.078(c);
(16) Section 144.080;
(17) Section 144.081;
(18) Section 144.082;
(19) Section 144.083;
(20) Section 144.084;
(21) Section 144.085;
(22) Section 145.001;
(23) Section 145.002(1);
(24) Section 145.004(b);
(25) Section 145.006(c);
(26) Section 145.008(k);
(27) Section 145.009;
(28) Section 145.0095;
(29) Section 145.010;
(30) Sections 145.011(a) and (b);
(31) Section 145.012;
(32) Section 145.0122;
(33) Section 145.015;
(34) Chapter 345;
(35) Chapter 385;
(36) Section 437.0057(b);
(37) Section 438.042(b), Health and Safety Code, as
added by Chapter 885 (H.B. 1682), Acts of the 72nd Legislature,
Regular Session, 1991;
(38) Section 438.0431;
(39) Chapter 441; and
(40) Chapter 781.
SECTION 10.038. The following provisions of the Occupations
Code are repealed:
(1) Section 351.005(c);
(2) Chapter 352;
(3) Sections 353.002(1), (2), and (4);
(4) Section 353.005;
(5) Subchapter B, Chapter 353;
(6) Section 353.202;
(7) Section 353.2025;
(8) Section 353.203;
(9) Section 353.204(b);
(10) Section 353.205; and
(11) Chapter 403.
SECTION 10.039. On the effective date of this Act, a
license, permit, certification of registration, or other
authorization issued under a law that is repealed by this article
expires.
SECTION 10.040. The changes in law made by this article do
not affect the validity of a disciplinary action or other
proceeding that was initiated before the effective date of this Act
and that is pending before a court or other governmental entity on
the effective date of this Act.
SECTION 10.041. (a) An offense under or other violation of
a law that is repealed by this article is governed by the law in
effect when the offense or violation was committed, and the former
law is continued in effect for that purpose.
(b) For purposes of this section, an offense or violation
was committed before the effective date of this Act if any element
of the offense or violation occurred before that date.
SECTION 10.042. The repeal of a law by this article does not
entitle a person to a refund of an application, licensing, or other
fee paid by the person before the effective date of this Act.
ARTICLE 11. GENERAL PROVISIONS AND EFFECTIVE DATE
SECTION 11.001. To the extent of any conflict, this Act
prevails over another Act of the 84th Legislature, Regular Session,
2015, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 11.002. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2015.
(b) Part 2 of Article 8 of this Act takes effect September 1,
2017.