85R2521 KKR-D
	By: Burkett	H.B. No. 4069

	A BILL TO BE ENTITLED
	AN ACT
	relating to the continuation and functions of the Executive Council
	of Physical Therapy and Occupational Therapy Examiners, the Texas
	Board of Physical Therapy Examiners, and the Texas Board of
	Occupational Therapy Examiners; authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL
	THERAPY EXAMINERS
	SECTION 1.01.  Section 452.002, Occupations Code, is amended
	to read as follows:
	Sec. 452.002.  APPLICATION OF SUNSET ACT.  The Executive
	Council of Physical Therapy and Occupational Therapy Examiners is
	subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
	continued in existence as provided by that chapter, the executive
	council is abolished and the following laws expire September 1,
	2029 [2017]:
	(1)  this chapter;
	(2)  Chapter 453; and
	(3)  Chapter 454.
	SECTION 1.02.  Section 452.053, Occupations Code, is amended
	to read as follows:
	Sec. 452.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)
	In this section, "Texas trade association" means a [nonprofit,]
	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 [An officer, employee, or paid consultant of a
	Texas trade association in the field of health care] may not be a
	member of the executive council and may not be an employee of the
	executive council 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 [who is exempt from the state's
	position classification plan or is compensated at or above the
	amount prescribed by the General Appropriations Act for step 1,
	salary group A17, of the position classification salary schedule.
	[(c)  A person who is the] spouse is [of] an officer,
	manager, or paid consultant of a Texas trade association in the
	field of health care [may not be a member of the executive council
	and may not be an employee of the executive council who is exempt
	from the state's position classification plan or is compensated at
	or above the amount prescribed by the General Appropriations Act
	for step 1, salary group A17, of the position classification salary
	schedule].
	(c) [(d)]  A person may not serve as a member of the
	executive council or act as the general counsel to the executive
	council 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 executive council, the occupational therapy board, or the
	physical therapy board.
	SECTION 1.03.  Section 452.055, Occupations Code, is amended
	to read as follows:
	Sec. 452.055.  PRESIDING OFFICER. The [member appointed by
	the] governor shall designate a member of the executive council as
	[is] the presiding officer of the executive council to serve in that
	capacity at the pleasure of the governor.
	SECTION 1.04.  Sections 452.056(a) and (c), Occupations
	Code, are amended to read as follows:
	(a)  It is a ground for removal from the executive council
	that a member:
	(1)  does not have at the time of taking office
	[appointment] the qualifications required by Section 452.051;
	(2)  does not maintain during service on the executive
	council the qualifications required by Section 452.051;
	(3)  is ineligible for membership under [violates a
	prohibition established by] Section 452.052 or 452.053;
	(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 executive council meetings that the member is eligible to
	attend during a calendar year without an excuse approved [unless
	the absence is excused] by a majority vote of the executive council.
	(c)  If the director has knowledge that a potential ground
	for removal exists, the director shall notify the presiding officer
	of the executive council of the potential ground. The presiding
	officer shall then notify the governor and the attorney general
	[authority that appointed the member] that a potential ground for
	removal exists. If the potential ground for removal involves the
	presiding officer, the director shall notify the next highest
	ranking officer of the executive council, who shall then notify the
	governor and the attorney general that a potential ground for
	removal exists.
	SECTION 1.05.  Subchapter B, Chapter 452, Occupations Code,
	is amended by adding Section 452.059 to read as follows:
	Sec. 452.059.  TRAINING. (a) A person who is appointed to
	and qualifies for office as a member of the executive council may
	not vote, deliberate, or be counted as a member in attendance at a
	meeting of the executive council until the person completes a
	training program that complies with this section.
	(b)  The training program required under this section must
	provide the person with information regarding:
	(1)  the law governing the operations of the executive
	council, physical therapy board, and occupational therapy board;
	(2)  the programs, functions, rules, and budget of the
	executive council, physical therapy board, and occupational
	therapy board;
	(3)  the scope of and limitations on the rulemaking
	authority of the executive council, physical therapy board, and
	occupational therapy board;
	(4)  the results of the most recent formal audit of the
	executive council, physical therapy board, and occupational
	therapy board;
	(5)  the requirements of:
	(A)  laws relating to open meetings, public
	information, administrative procedure, and disclosing conflicts of
	interest; and
	(B)  other laws applicable to members of the
	executive council, physical therapy board, and occupational
	therapy board in performing their duties; and
	(6)  any applicable ethics policies adopted by the
	executive council or the Texas Ethics Commission.
	(c)  A person appointed to the executive council 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 person's attendance at the program occurs
	before or after the person qualifies for office.
	(d)  The director of the executive council shall create a
	training manual that includes the information required by
	Subsection (b). The director shall distribute a copy of the
	training manual annually to each member of the executive council.
	On receipt of the training manual, each member of the executive
	council shall sign and submit to the director a statement
	acknowledging receipt of the training manual.
	SECTION 1.06.  Section 452.102, Occupations Code, is amended
	to read as follows:
	Sec. 452.102.  DIVISION OF RESPONSIBILITIES. The executive
	council shall develop and implement policies that clearly separate
	[define] the policymaking [respective] responsibilities of the
	executive council and the management responsibilities of the
	director and the staff of the executive council.
	SECTION 1.07.  Section 452.152(b), Occupations Code, is
	amended to read as follows:
	(b)  The executive council shall perform the administrative
	functions relating to issuing and renewing licenses, including[:
	[(1)     the administration of written examinations and
	collection of fees; and
	[(2)]  the ministerial functions of preparing and
	delivering licenses, obtaining material and information in
	connection with the renewal of a license, and receiving and
	forwarding complaints to the appropriate board.
	SECTION 1.08.  Subchapter D, Chapter 452, Occupations Code,
	is amended by adding Section 452.160 to read as follows:
	Sec. 452.160.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
	RESOLUTION. (a) The executive council shall develop a policy to
	encourage the use of:
	(1)  negotiated rulemaking under Chapter 2008,
	Government Code, for the adoption of rules by the executive council
	or the occupational therapy or physical therapy boards; and
	(2)  appropriate alternative dispute resolution
	procedures under Chapter 2009, Government Code, to assist in the
	resolution of internal and external disputes under the executive
	council's jurisdiction.
	(b)  The executive council's procedures relating to
	alternative dispute resolution must conform, to the extent
	possible, to any model guidelines issued by the State Office of
	Administrative Hearings for the use of alternative dispute
	resolution by state agencies.
	(c)  The executive council shall:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  provide training as needed to implement the
	procedures for negotiated rulemaking or alternative dispute
	resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures.
	SECTION 1.09.  Section 452.153(b), Occupations Code, is
	repealed.
	SECTION 1.10.  As soon as practicable after the effective
	date of this article:
	(1)  the director of the Executive Council of Physical
	Therapy and Occupational Therapy Examiners shall create the
	training manual required by Section 452.059(d), Occupations Code,
	as added by this article; and
	(2)  the executive council shall:
	(A)  develop and implement the policies required
	by Section 452.102, Occupations Code, as amended by this article;
	and
	(B)  develop the policy required by Section
	452.160, Occupations Code, as added by this article.
	SECTION 1.11.  Notwithstanding Section 452.059(a),
	Occupations Code, as added by this article, a member of the
	Executive Council of Physical Therapy and Occupational Therapy
	Examiners who has not completed the training required by Section
	452.059, Occupations Code, as added by this article, may vote,
	deliberate, and be counted as a member in attendance at a meeting of
	the Executive Council of Physical Therapy and Occupational Therapy
	Examiners until December 1, 2017.
	ARTICLE 2. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
	SECTION 2.01.  Section 453.002, Occupations Code, is amended
	to read as follows:
	Sec. 453.002.  APPLICATION OF SUNSET ACT.  The Texas Board of
	Physical Therapy Examiners 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 chapter expires
	September 1, 2029 [2017].
	SECTION 2.02.  Section 453.054, Occupations Code, is amended
	to read as follows:
	Sec. 453.054.  MEMBERSHIP RESTRICTIONS.  (a)  In this
	section, "Texas trade association" means a [nonprofit,]
	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 [An officer, employee, or paid consultant of a
	Texas trade association in the field of health care] may not be a
	member of the 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 [.
	[(c)  A person who is the] spouse is [of] an officer,
	manager, or paid consultant of a Texas trade association in the
	field of health care [may not be a member of the board].
	(c) [(d)]  A person may not be [serve as] a member of the
	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 board.
	SECTION 2.03.  Sections 453.056(a) and (c), Occupations
	Code, are amended to read as follows:
	(a)  It is a ground for removal from the board that a member:
	(1)  does not have at the time of taking office
	[appointment] the qualifications required by Section 453.051(a);
	(2)  does not maintain during service on the board the
	qualifications required by Section 453.051(a);
	(3)  is ineligible for membership under [violates a
	prohibition established by] Section 453.053 or 453.054;
	(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 board meetings that the member is eligible to attend
	during a calendar year without an excuse approved [unless the
	absence is excused] by a majority vote of the board.
	(c)  If the coordinator of physical therapy programs has
	knowledge that a potential ground for removal exists, the
	coordinator shall notify the presiding officer of the 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 coordinator shall notify the next highest
	ranking officer of the board, who shall then notify the governor and
	the attorney general that a potential ground for removal exists.
	SECTION 2.04.  Section 453.058, Occupations Code, is amended
	to read as follows:
	Sec. 453.058.  OFFICERS. (a)  The governor shall designate a
	member of the board as the presiding officer of the board to serve
	in that capacity at the pleasure of the governor.
	(b)  After the appointment of members every two years, the
	members of the board shall elect from among its members a [presiding
	officer,] secretary[,] and other officers required to conduct the
	business of the board.
	SECTION 2.05.  Section 453.060, Occupations Code, is amended
	to read as follows:
	Sec. 453.060.  TRAINING.  (a)  A person who is appointed to
	and qualifies for office as [Before] a member of the board may not
	vote, deliberate, or be counted as a member in attendance at a
	meeting of [assume the member's duties, the member must complete at
	least a course of the training program established by] the board
	until the person completes a training program that complies with
	[under] this section.
	(b)  The [A] training program must [shall] provide the person
	with information [to a participant] regarding:
	(1)  the law governing board and executive council
	operations [this chapter];
	(2)  the programs, functions, rules, and budget of
	[operated by] the board and executive council;
	(3)  the scope of and limitations on the rulemaking
	authority [the role and functions] of the board and executive
	council;
	(4)  [the rules of the board, with an emphasis on the
	rules that relate to disciplinary and investigatory authority;
	[(5)  the current budget for the board;
	[(6)]  the results of the most recent formal audit of
	the board and executive council;
	(5) [(7)]  the requirements of:
	(A)  laws relating to open meetings, public
	information, administrative procedure, and disclosing conflicts
	[Chapters 551, 552, 2001, and 2002, Government Code;
	[(8)  the requirements of the conflict] of interest;
	and
	(B)  [laws and] other laws applicable to members
	of the board in performing their duties [relating to public
	officials]; and
	(6) [(9)]  any applicable ethics policies adopted by
	the board or the Texas Ethics Commission.
	(c)  A person appointed to the 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 person's attendance at the program occurs
	before or after the person qualifies for office [In developing the
	training requirements provided for by this section, the board shall
	consult with the governor's office, the attorney general's office,
	and the Texas Ethics Commission].
	(d)  The director of the executive council shall create a
	training manual that includes the information required by
	Subsection (b). The director shall distribute a copy of the
	training manual annually to each board member. On receipt of the
	training manual, each board member shall sign and submit to the
	director a statement acknowledging receipt of the training manual
	[If another state agency or entity is given the authority to
	establish the training requirements, the board shall allow that
	training instead of developing its own program].
	SECTION 2.06.  Section 453.105(b), Occupations Code, is
	amended to read as follows:
	(b)  The board shall develop and implement policies that
	clearly separate [define] the policymaking [respective]
	responsibilities of the board and the management responsibilities
	of the director and [the] staff of the executive council.
	SECTION 2.07.  Subchapter C, Chapter 453, Occupations Code,
	is amended by adding Sections 453.1061 and 453.109 to read as
	follows:
	Sec. 453.1061.  PLACE OF EMPLOYMENT. The board may require
	that a license holder provide current information in a readily
	accessible and usable format regarding the license holder's place
	of employment as a physical therapist or physical therapist
	assistant.
	Sec. 453.109.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
	RESOLUTION. (a) The board shall develop a policy to encourage the
	use of:
	(1)  negotiated rulemaking under Chapter 2008,
	Government Code, for the adoption of board rules; and
	(2)  appropriate alternative dispute resolution
	procedures under Chapter 2009, Government Code, to assist in the
	resolution of internal and external disputes under the board's
	jurisdiction.
	(b)  The board's procedures relating to alternative dispute
	resolution must conform, to the extent possible, to any model
	guidelines issued by the State Office of Administrative Hearings
	for the use of alternative dispute resolution by state agencies.
	(c)  The board shall:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  provide training as needed to implement the
	procedures for negotiated rulemaking or alternative dispute
	resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures.
	SECTION 2.08.  Section 453.151(c), Occupations Code, is
	amended to read as follows:
	(c)  Information maintained by the executive council or the
	board under this chapter regarding the home address or personal
	telephone number of a person licensed under this chapter [or a
	person who is an owner or manager of a physical therapy facility
	registered under this chapter] is confidential and not subject to
	disclosure under Chapter 552, Government Code.  A person licensed
	under this chapter [or a person who is an owner or manager of a
	physical therapy facility registered under this chapter] must
	provide the board with a business address or address of record that
	will be subject to disclosure under Chapter 552, Government Code.
	SECTION 2.09.  Section 453.154(e), Occupations Code, is
	amended to read as follows:
	(e)  The staff of the executive council [coordinator of
	physical therapy programs] shall notify the board of a complaint
	that is unresolved after the time prescribed by the board for
	resolving the complaint so that the board may take necessary action
	on the complaint.
	SECTION 2.10.  The heading to Subchapter E, Chapter 453,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER E. LICENSE REQUIREMENTS[; REGISTRATION OF FACILITIES]
	SECTION 2.11.  Section 453.202(b), Occupations Code, is
	amended to read as follows:
	(b)  The application must be accompanied by[:
	[(1)  an examination fee prescribed by the board; and
	[(2)]  a nonrefundable application fee prescribed by
	the executive council [board].
	SECTION 2.12.  Section 453.203, Occupations Code, is amended
	to read as follows:
	Sec. 453.203.  QUALIFICATIONS FOR PHYSICAL THERAPIST OR
	PHYSICAL THERAPIST ASSISTANT LICENSE.  (a)  An applicant for a
	physical therapist license must, in addition to other requirements
	and qualifications established by the board, present:
	(1)  evidence satisfactory to the board that the
	applicant has completed an accredited physical therapy educational
	program; or
	(2)  official documentation from an educational
	credentials review agency approved by the board certifying that the
	applicant has completed[:
	[(A)]  a program equivalent to a Commission on
	Accreditation in [of] Physical Therapy Education accredited
	program[; and
	[(B)     at least 60 academic semester credits or the
	equivalent from an accredited institution of higher education].
	(b)  An applicant for a physical therapist assistant license
	must, in addition to other requirements and qualifications
	established by the board, present evidence satisfactory to the
	board that the applicant has completed an accredited physical
	therapist assistant program or an accredited physical therapy
	educational program[, including courses in the anatomical,
	biological, and physical sciences, and clinical procedures
	prescribed and approved by the board].
	(c)  A physical therapy educational program or physical
	therapist assistant program is an accredited program if the program
	is[:
	[(1)]  accredited by the Commission on Accreditation in
	Physical Therapy Education[; and
	[(2)     associated with an institution of higher
	education].
	SECTION 2.13.  Section 453.204(b), Occupations Code, is
	amended to read as follows:
	(b)  Before allowing a foreign-trained applicant to take the
	examination, the board shall require the applicant to furnish proof
	of[:
	[(1)  good moral character; and
	[(2)]  completion of requirements substantially equal
	to those under Section 453.203.
	SECTION 2.14.  Section 453.205, Occupations Code, is amended
	to read as follows:
	Sec. 453.205.  LICENSE EXAMINATION.  (a)  The board by rule
	shall recognize a national testing entity to administer the
	examination required to obtain a physical therapist or physical
	therapist assistant license [shall examine applicants for licenses
	at least once each year at a reasonable place and time designated by
	the board].
	(b)  The physical therapist examination is a national
	examination that tests entry-level competence related to [must
	cover the subjects generally taught by an accredited] physical
	therapy theory, examination [educational program or an accredited
	physical therapist assistant program and may include clinical
	decision-making] and evaluation, prognosis, treatment
	intervention, prevention [program planning and implementation, and
	administration, education], and consultation[, and research in
	physical therapy].
	(c)  The physical therapist assistant examination is a
	national examination that tests for required knowledge and skills
	in the technical application of physical therapy services [board by
	rule may establish a procedure for administering the examination,
	including the conditions under which and the number of times an
	applicant may retake an examination].
	(d)  An applicant for a license must agree to comply with the
	security and copyright provisions of the national examination. If
	the board has knowledge of a violation of the security or copyright
	provisions or a compromise or attempted compromise of the
	provisions, the board shall report the matter to the testing entity
	[The board shall have any written portion of the examination
	validated by an independent testing entity].
	(e)  The board may disqualify an applicant from taking or
	retaking an examination for a period specified by the board if the
	board determines that the applicant engaged or attempted to engage
	in conduct that compromises or undermines the integrity of the
	examination process, including a violation of security or copyright
	provisions related to the national examination.
	(f)  If the board enters into a contract with a national
	testing entity under Subsection (a), the contract must include a
	provision requiring the national testing entity to provide to the
	board an examination score report for each applicant for a license
	under this chapter who took the examination.
	(g)  The board may require an applicant for a physical
	therapist or physical therapist assistant license to pass a
	jurisprudence examination.
	SECTION 2.15.  Section 453.207, Occupations Code, is amended
	to read as follows:
	Sec. 453.207.  REEXAMINATION.  (a)  An applicant who fails to
	pass an [a one-part] examination under Section 453.205 may retake
	the examination under the policies of the national testing entity
	[or a part of a divided examination may take another one-part
	examination or the part of the divided examination that the
	applicant failed on payment of an additional examination fee].
	(b)  [If an applicant fails to pass a second or subsequent
	examination, the board shall require the applicant to complete an
	additional course of study designated by the board.] Before
	retaking an [taking a subsequent] examination, the applicant must:
	(1)  submit [present] to the board a reexamination
	application prescribed by the board [satisfactory evidence that the
	applicant has completed the required course of study]; and
	(2)  pay a nonrefundable application [an additional]
	fee prescribed by the executive council [equal to the amount of the
	fee required for filing the original application].
	SECTION 2.16.  Subchapter E, Chapter 453, Occupations Code,
	is amended by adding Sections 453.214 and 453.215 to read as
	follows:
	Sec. 453.214.  LICENSE BY ENDORSEMENT. (a) The board shall
	issue a physical therapist license or a physical therapist
	assistant license, as applicable, to an applicant who holds a
	current, unrestricted license in another jurisdiction that
	maintains licensing requirements that are substantially equivalent
	to the requirements under this chapter. An applicant for a license
	under this section must:
	(1)  present proof to the board that the applicant is
	licensed in good standing as a physical therapist or physical
	therapist assistant in that jurisdiction;
	(2)  provide to the board information regarding the
	status of any other professional license that the applicant holds
	or has held in this state or another jurisdiction;
	(3)  present proof to the board that the applicant has
	passed a jurisprudence examination required by the board;
	(4)  meet the qualifications required by Section
	453.203 or 453.204, as applicable;
	(5)  not have committed an act that is grounds for
	denial of a license under Section 453.351;
	(6)  submit to the board a current photograph that
	meets the requirements for a United States passport; and
	(7)  meet any additional requirements provided by board
	rule.
	(b)  The board shall adopt rules for issuing a provisional
	license under Section 453.209 to an applicant for a license by
	endorsement who encounters a delay that is outside the applicant's
	control in submitting to the board the documentation required by
	this section.
	Sec. 453.215.  CRIMINAL HISTORY RECORD INFORMATION FOR
	LICENSE ISSUANCE. (a)  The board shall require that an applicant
	for a license submit a complete and legible set of fingerprints, on
	a form prescribed by the board, to the 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 board may not issue a license to a person who does
	not comply with the requirement of Subsection (a).
	(c)  The board shall conduct a criminal history record
	information check of each applicant for a license using
	information:
	(1)  provided by the individual under this section; and
	(2)  made available to the 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 board may:
	(1)  enter into an agreement with the Department of
	Public Safety to administer a criminal history record information
	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 record information
	check.
	SECTION 2.17.  Section 453.252(b), Occupations Code, is
	amended to read as follows:
	(b)  A person whose license has been expired for 90 days or
	less may renew the license by paying to the executive council the
	renewal fee and a late fee set by the executive council in an amount
	that does not exceed one-half of the amount charged for renewal of
	[examination for] the license.  If a person's license has been
	expired for more than 90 days but less than one year, the person may
	renew the license by paying to the executive council all unpaid
	renewal fees and a late fee set by the executive council in an
	amount that does not exceed the amount charged for renewal of
	[examination for] the license.
	SECTION 2.18.  Section 453.253(b), Occupations Code, is
	amended to read as follows:
	(b)  The person must pay to the executive council a renewal
	fee set by the executive council under this section in an amount
	that does not exceed the renewal [examination] fee for the license.
	SECTION 2.19.  Section 453.254, Occupations Code, is amended
	by adding Subsection (e) to read as follows:
	(e)  The board by rule shall establish a process for
	selecting an appropriate organization to approve continuing
	competence activities under Subsection (d). The selection process
	must include a request for proposal and bidding process. If the
	board authorizes an organization to approve continuing competence
	activities under Subsection (d), the board shall request bids and
	proposals from that organization and other organizations at least
	once every four years.
	SECTION 2.20.  Subchapter F, Chapter 453, Occupations Code,
	is amended by adding Section 453.255 to read as follows:
	Sec. 453.255.  CRIMINAL HISTORY RECORD INFORMATION
	REQUIREMENT FOR LICENSE RENEWAL. (a)  An applicant renewing a
	license issued under this chapter shall submit a complete and
	legible set of fingerprints for purposes of performing a criminal
	history record information check of the applicant as provided by
	Section 453.215.
	(b)  The board may administratively suspend or refuse to
	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 453.215 for the initial issuance of the
	license; or
	(2)  this section as part of a prior license renewal.
	SECTION 2.21.  Subchapter H, Chapter 453, Occupations Code,
	is amended by adding Sections 453.3525 and 453.357 to read as
	follows:
	Sec. 453.3525.  SCHEDULE OF SANCTIONS.  (a)  The board by
	rule shall adopt a schedule of administrative penalties and other
	sanctions that the board may impose under this chapter.  In adopting
	the schedule of sanctions, the board shall ensure that the amount of
	the penalty or severity of the sanction imposed is appropriate to
	the type of violation or conduct that is the basis for disciplinary
	action. In determining the appropriate disciplinary action,
	including the amount of any administrative penalty to assess, the
	board shall consider:
	(1)  the seriousness of the violation, including:
	(A)  the nature, circumstances, extent, and
	gravity of the violation; and
	(B)  the hazard or potential hazard created to the
	health, safety, or economic welfare of the public;
	(2)  the history of previous violations;
	(3)  the amount necessary to deter future violations;
	(4)  efforts to correct the violation;
	(5)  the economic harm to the public interest or public
	confidence caused by the violation;
	(6)  whether the violation was intentional; and
	(7)  any other matter that justice may require.
	(b)  The board shall make the schedule of sanctions adopted
	under Subsection (a) available to the public on request.
	Sec. 453.357.  RECORD OF DISCIPLINARY ACTION; EXPUNGEMENT.
	(a)  The board by rule shall establish a process to expunge any
	record of disciplinary action taken against a license holder before
	September 1, 2017, for practicing in a facility that failed to meet
	the registration requirements of Section 453.213, as that section
	existed on January 1, 2017.  The rules must provide that the board
	may not expunge a record under this section after September 1, 2019.
	(b)  This section expires September 1, 2019.
	SECTION 2.22.  Section 453.401, Occupations Code, is amended
	to read as follows:
	Sec. 453.401.  IMPOSITION OF PENALTY. The board may impose
	an administrative penalty on a person licensed or regulated under
	this chapter [or a facility registered under this chapter] who
	violates this chapter or a rule or order adopted under this chapter.
	SECTION 2.23.  Section 453.402(b), Occupations Code, is
	amended to read as follows:
	(b)  The amount of the penalty shall be determined according
	to the sanctions schedule adopted under Section 453.3525 [based on:
	[(1)  the seriousness of the violation, including:
	[(A)     the nature, circumstances, extent, and
	gravity of a prohibited act; and
	[(B)     the hazard or potential hazard created to
	the health, safety, or economic welfare of the public;
	[(2)  the history of previous violations;
	[(3)  the amount necessary to deter future violations;
	[(4)  efforts to correct the violation; and
	[(5)  any other matter that justice may require].
	SECTION 2.24.  Section 453.403(a), Occupations Code, is
	amended to read as follows:
	(a)  The board shall adopt rules that establish procedures
	for assessing an administrative penalty and that provide for notice
	and a hearing for a license holder [or facility administrator] that
	may be subject to a penalty under this subchapter.
	SECTION 2.25.  The following provisions of the Occupations
	Code are repealed:
	(1)  Section 453.001(8);
	(2)  Section 453.202(c);
	(3)  Section 453.206; and
	(4)  Section 453.213.
	SECTION 2.26.  (a) Except as provided by Subsection (b) of
	this section, Section 453.060, Occupations Code, as amended by this
	article, applies to a member of the Texas Board of Physical Therapy
	Examiners appointed before, on, or after the effective date of this
	article.
	(b)  A member of the Texas Board of Physical Therapy
	Examiners who, before the effective date of this article, completed
	the training program required by Section 453.060, Occupations Code,
	as that law existed before the effective date of this article, is
	required to complete additional training only on subjects added to
	the training program required by Section 453.060, Occupations Code,
	as amended by this article. A board member described by this
	subsection may not vote, deliberate, or be counted as a member in
	attendance at a meeting of the Texas Board of Physical Therapy
	Examiners held on or after December 1, 2017, until the member
	completes the additional training.
	SECTION 2.27.  As soon as practicable after the effective
	date of this article, the director of the Executive Council of
	Physical Therapy and Occupational Therapy Examiners shall create
	the training manual required by Section 453.060(d), Occupations
	Code, as amended by this article.
	SECTION 2.28.  As soon as practicable after the effective
	date of this article, the Texas Board of Physical Therapy Examiners
	shall:
	(1)  develop and implement the policies required by:
	(A)  Section 453.105(b), Occupations Code, as
	amended by this article; and
	(B)  Section 453.109, Occupations Code, as added
	by this article; and
	(2)  adopt any rules necessary to implement Chapter
	453, Occupations Code, as amended by this article.
	SECTION 2.29.  Not later than September 1, 2018, the Texas
	Board of Physical Therapy Examiners shall establish the request for
	proposal and bidding process required by Section 453.254(e),
	Occupations Code, as added by this article.
	SECTION 2.30.  Sections 453.203, 453.204, 453.205, 453.207,
	453.252, and 453.253, Occupations Code, as amended by this article,
	and Sections 453.215 and 453.255, Occupations Code, as added by
	this article, apply only to an application for the issuance or
	renewal of a physical therapist or physical therapist assistant
	license submitted to the Texas Board of Physical Therapy Examiners
	on or after the effective date of this article.  An application
	submitted before that date is governed by the law in effect on the
	date the application was submitted, and the former law is continued
	in effect for that purpose.
	SECTION 2.31.  A person who holds a physical therapist or
	physical therapist assistant license issued before the effective
	date of this article may continue to renew that license without
	complying with the changes in law made by this article to Section
	453.203, Occupations Code.
	SECTION 2.32.  (a)  The Texas Board of Physical Therapy
	Examiners shall dismiss the portion of any complaint, penalty,
	disciplinary action, or contested case pending on the effective
	date of this article that is based on a violation of rules adopted
	under Section 453.213, Occupations Code, as repealed by this
	article.
	(b)  Section 453.357, Occupations Code, as added by this
	article, applies only to records of disciplinary action for conduct
	that occurred before the effective date of this article.
	SECTION 2.33.  Section 453.3525, Occupations Code, as added
	by this article, and Section 453.402(b), Occupations Code, as
	amended by this article, apply only to conduct that occurs on or
	after the date that rules adopted under Section 453.3525 take
	effect.  Conduct that occurs before that date is governed by the law
	in effect before the effective date of this article, and the former
	law is continued in effect for that purpose.
	ARTICLE 3.  PHYSICAL THERAPY LICENSURE COMPACT
	SECTION 3.01.  Chapter 453, Occupations Code, is amended by
	adding Subchapter K to read as follows:
	SUBCHAPTER K.  PHYSICAL THERAPY LICENSURE COMPACT
	Sec. 453.501.  PHYSICAL THERAPY LICENSURE COMPACT. The
	Physical Therapy Licensure Compact is enacted and entered into with
	all other jurisdictions that legally join in the compact, which
	reads as follows:
	SECTION 1.  PURPOSE
	The purpose of this Compact is to facilitate interstate
	practice of physical therapy with the goal of improving public
	access to physical therapy services. The practice of physical
	therapy occurs in the state where the patient/client is located at
	the time of the patient/client encounter. The Compact preserves the
	regulatory authority of states to protect public health and safety
	through the current system of state licensure.
	This Compact is designed to achieve the following objectives:
	1.  Increase public access to physical therapy services by
	providing for the mutual recognition of other member
	state licenses;
	2.  Enhance the states' ability to protect the public's
	health and safety;
	3.  Encourage the cooperation of member states in regulating
	multi-state physical therapy practice;
	4.  Support spouses of relocating military members;
	5.  Enhance the exchange of licensure, investigative, and
	disciplinary information between member states; and
	6.  Allow a remote state to hold a provider of services with a
	compact privilege in that state accountable to that
	state's practice standards.
	SECTION 2.  DEFINITIONS
	As used in this Compact, and except as otherwise provided,
	the following definitions shall apply:
	1.  "Active Duty Military" means full-time duty status
	in the active uniformed service of the United
	States, including members of the National Guard and
	Reserve on active duty orders pursuant to 10 U.S.C.
	Section 1209 and 1211.
	2.  "Adverse Action" means disciplinary action taken by
	a physical therapy licensing board based upon
	misconduct, unacceptable performance, or a
	combination of both.
	3.  "Alternative Program" means a non-disciplinary
	monitoring or practice remediation process
	approved by a physical therapy licensing board.
	This includes, but is not limited to, substance
	abuse issues.
	4.  "Compact privilege" means the authorization
	granted by a remote state to allow a licensee from
	another member state to practice as a physical
	therapist or work as a physical therapist assistant
	in the remote state under its laws and rules. The
	practice of physical therapy occurs in the member
	state where the patient/client is located at the
	time of the patient/client encounter.
	5.  "Continuing competence" means a requirement, as a
	condition of license renewal, to provide evidence
	of participation in, and/or completion of,
	educational and professional activities relevant
	to practice or area of work.
	6.  "Data system" means a repository of information
	about licensees, including examination, licensure,
	investigative, compact privilege, and adverse
	action.
	7.  "Encumbered license" means a license that a
	physical therapy licensing board has limited in any
	way.
	8.  "Executive Board" means a group of directors
	elected or appointed to act on behalf of, and
	within the powers granted to them by, the
	Commission.
	9.  "Home state" means the member state that is the
	licensee's primary state of residence.
	10. "Investigative information" means information,
	records, and documents received or generated by a
	physical therapy licensing board pursuant to an
	investigation.
	11. "Jurisprudence Requirement" means the assessment
	of an individual's knowledge of the laws and rules
	governing the practice of physical therapy in a
	state.
	12. "Licensee" means an individual who currently holds
	an authorization from the state to practice as a
	physical therapist or to work as a physical
	therapist assistant.
	13. "Member state" means a state that has enacted the
	Compact.
	14. "Party state" means any member state in which a
	licensee holds a current license or compact
	privilege or is applying for a license or compact
	privilege.
	15. "Physical therapist" means an individual who is
	licensed by a state to practice physical therapy.
	16. "Physical therapist assistant" means an individual
	who is licensed/certified by a state and who
	assists the physical therapist in selected
	components of physical therapy.
	17. "Physical therapy," "physical therapy practice,"
	and "the practice of physical therapy" mean the
	care and services provided by or under the
	direction and supervision of a licensed physical
	therapist.
	18. "Physical Therapy Compact Commission" or
	"Commission" means the national administrative
	body whose membership consists of all states that
	have enacted the Compact.
	19. "Physical therapy licensing board" or "licensing
	board" means the agency of a state that is
	responsible for the licensing and regulation of
	physical therapists and physical therapist
	assistants.
	20. "Remote State" means a member state other than the
	home state, where a licensee is exercising or
	seeking to exercise the compact privilege.
	21. "Rule" means a regulation, principle, or directive
	promulgated by the Commission that has the force of
	law.
	22. "State" means any state, commonwealth, district, or
	territory of the United States of America that
	regulates the practice of physical therapy.
	SECTION 3.  STATE PARTICIPATION IN THE COMPACT
	A.  To participate in the Compact, a state must:
	1.  Participate fully in the Commission's data system,
	including using the Commission's unique identifier
	as defined in rules;
	2.  Have a mechanism in place for receiving and
	investigating complaints about licensees;
	3.  Notify the Commission, in compliance with the terms
	of the Compact and rules, of any adverse action or
	the availability of investigative information
	regarding a licensee;
	4.  Fully implement a criminal background check
	requirement, within a time frame established by
	rule, by receiving the results of the Federal
	Bureau of Investigation record search on criminal
	background checks and use the results in making
	licensure decisions in accordance with Section
	3.B.;
	5.  Comply with the rules of the Commission;
	6.  Utilize a recognized national examination as a
	requirement for licensure pursuant to the rules of
	the Commission; and
	7.  Have continuing competence requirements as a
	condition for license renewal.
	B.  Upon adoption of this statute, the member state shall
	have the authority to obtain biometric-based information from each
	physical therapy licensure applicant and submit this information to
	the Federal Bureau of Investigation for a criminal background check
	in accordance with 28 U.S.C. Section 534 and 42 U.S.C. Section
	14616.
	C.  A member state shall grant the compact privilege to a
	licensee holding a valid unencumbered license in another member
	state in accordance with the terms of the Compact and rules.
	D.   Member states may charge a fee for granting a compact
	privilege.
	SECTION 4.  COMPACT PRIVILEGE
	A.  To exercise the compact privilege under the terms and
	provisions of the Compact, the licensee shall:
	1.  Hold a license in the home state;
	2.  Have no encumbrance on any state license;
	3.  Be eligible for a compact privilege in any member
	state in accordance with Section 4D, G and H;
	4.  Have not had any adverse action against any license
	or compact privilege within the previous 2 years;
	5.  Notify the Commission that the licensee is seeking
	the compact privilege within a remote state(s);
	6.  Pay any applicable fees, including any state fee,
	for the compact privilege;
	7.  Meet any jurisprudence requirements established by
	the remote state(s) in which the licensee is
	seeking a compact privilege; and
	8.  Report to the Commission adverse action taken by
	any non-member state within 30 days from the date
	the adverse action is taken.
	B.  The compact privilege is valid until the expiration date
	of the home license. The licensee must comply with the requirements
	of Section 4.A. to maintain the compact privilege in the remote
	state.
	C.  A licensee providing physical therapy in a remote state
	under the compact privilege shall function within the laws and
	regulations of the remote state.
	D.  A licensee providing physical therapy in a remote state
	is subject to that state's regulatory authority. A remote state
	may, in accordance with due process and that state's laws, remove a
	licensee's compact privilege in the remote state for a specific
	period of time, impose fines, and/or take any other necessary
	actions to protect the health and safety of its citizens. The
	licensee is not eligible for a compact privilege in any state until
	the specific time for removal has passed and all fines are paid.
	E.  If a home state license is encumbered, the licensee shall
	lose the compact privilege in any remote state until the following
	occur:
	1.  The home state license is no longer encumbered; and
	2.  Two years have elapsed from the date of the adverse
	action.
	F.  Once an encumbered license in the home state is restored
	to good standing, the licensee must meet the requirements of
	Section 4A to obtain a compact privilege in any remote state.
	G.  If a licensee's compact privilege in any remote state is
	removed, the individual shall lose the compact privilege in any
	remote state until the following occur:
	1.  The specific period of time for which the compact
	privilege was removed has ended;
	2.  All fines have been paid; and
	3.  Two years have elapsed from the date of the adverse
	action.
	H.  Once the requirements of Section 4G have been met, the
	license must meet the requirements in Section 4A to obtain a compact
	privilege in a remote state.
	SECTION 5.  ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
	A licensee who is active duty military or is the spouse of an
	individual who is active duty military may designate one of the
	following as the home state:
	A.  Home of record;
	B.  Permanent Change of Station (PCS); or
	C.  State of current residence if it is different than the
	PCS state or home of record.
	SECTION 6.  ADVERSE ACTIONS
	A.  A home state shall have exclusive power to impose adverse
	action against a license issued by the home state.
	B.  A home state may take adverse action based on the
	investigative information of a remote state, so long as the home
	state follows its own procedures for imposing adverse action.
	C.  Nothing in this Compact shall override a member state's
	decision that participation in an alternative program may be used
	in lieu of adverse action and that such participation shall remain
	non-public if required by the member state's laws. Member states
	must require licensees who enter any alternative programs in lieu
	of discipline to agree not to practice in any other member state
	during the term of the alternative program without prior
	authorization from such other member state.
	D.  Any member state may investigate actual or alleged
	violations of the statutes and rules authorizing the practice of
	physical therapy in any other member state in which a physical
	therapist or physical therapist assistant holds a license or
	compact privilege.
	E.  A remote state shall have the authority to:
	1.  Take adverse actions as set forth in Section 4.D.
	against a licensee's compact privilege in the
	state;
	2.  Issue subpoenas for both hearings and
	investigations that require the attendance and
	testimony of witnesses, and the production of
	evidence. Subpoenas issued by a physical therapy
	licensing board in a party state for the attendance
	and testimony of witnesses, and/or the production
	of evidence from another party state, shall be
	enforced in the latter state by any court of
	competent jurisdiction, according to the practice
	and procedure of that court applicable to subpoenas
	issued in proceedings pending before it. The
	issuing authority shall pay any witness fees,
	travel expenses, mileage, and other fees required
	by the service statutes of the state where the
	witnesses and/or evidence are located; and
	3.  If otherwise permitted by state law, recover from
	the licensee the costs of investigations and
	disposition of cases resulting from any adverse
	action taken against that licensee.
	F.  Joint Investigations
	1.  In addition to the authority granted to a member
	state by its respective physical therapy practice
	act or other applicable state law, a member state
	may participate with other member states in joint
	investigations of licensees.
	2.  Member states shall share any investigative,
	litigation, or compliance materials in furtherance
	of any joint or individual investigation initiated
	under the Compact.
	SECTION 7.  ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
	COMMISSION
	A.  The Compact member states hereby create and establish a
	joint public agency known as the Physical Therapy Compact
	Commission:
	1.  The Commission is an instrumentality of the Compact
	states.
	2.  Venue is proper and judicial proceedings by or
	against the Commission shall be brought solely and
	exclusively in a court of competent jurisdiction
	where the principal office of the Commission is
	located. The Commission may waive venue and
	jurisdictional defenses to the extent it adopts or
	consents to participate in alternative dispute
	resolution proceedings.
	3.  Nothing in this Compact shall be construed to be a
	waiver of sovereign immunity.
	B.  Membership, Voting, and Meetings
	1.  Each member state shall have and be limited to one
	(1) delegate selected by that member state's
	licensing board.
	2.  The delegate shall be a current member of the
	licensing board, who is a physical therapist,
	physical therapist assistant, public member, or
	the board administrator.
	3.  Any delegate may be removed or suspended from
	office as provided by the law of the state from
	which the delegate is appointed.
	4.  The member state board shall fill any vacancy
	occurring in the Commission.
	5.  Each delegate shall be entitled to one (1) vote with
	regard to the promulgation of rules and creation of
	bylaws and shall otherwise have an opportunity to
	participate in the business and affairs of the
	Commission.
	6.  A delegate shall vote in person or by such other
	means as provided in the bylaws. The bylaws may
	provide for delegates' participation in meetings by
	telephone or other means of communication.
	7.  The Commission shall meet at least once during each
	calendar year. Additional meetings shall be held as
	set forth in the bylaws.
	C.  The Commission shall have the following powers and
	duties:
	1.  Establish the fiscal year of the Commission;
	2.  Establish bylaws;
	3.  Maintain its financial records in accordance with
	the bylaws;
	4.  Meet and take such actions as are consistent with
	the provisions of this Compact and the bylaws;
	5.  Promulgate uniform rules to facilitate and
	coordinate implementation and administration of
	this Compact. The rules shall have the force and
	effect of law and shall be binding in all member
	states;
	6.  Bring and prosecute legal proceedings or actions in
	the name of the Commission, provided that the
	standing of any state physical therapy licensing
	board to sue or be sued under applicable law shall
	not be affected;
	7.  Purchase and maintain insurance and bonds;
	8.  Borrow, accept, or contract for services of
	personnel, including, but not limited to,
	employees of a member state;
	9.  Hire employees, elect or appoint officers, fix
	compensation, define duties, grant such
	individuals appropriate authority to carry out the
	purposes of the Compact, and to establish the
	Commission's personnel policies and programs
	relating to conflicts of interest, qualifications
	of personnel, and other related personnel matters;
	10. Accept any and all appropriate donations and grants
	of money, equipment, supplies, materials and
	services, and to receive, utilize and dispose of
	the same; provided that at all times the Commission
	shall avoid any appearance of impropriety and/or
	conflict of interest;
	11. Lease, purchase, accept appropriate gifts or
	donations of, or otherwise to own, hold, improve or
	use, any property, real, personal or mixed;
	provided that at all times the Commission shall
	avoid any appearance of impropriety;
	12. Sell convey, mortgage, pledge, lease, exchange,
	abandon, or otherwise dispose of any property real,
	personal, or mixed;
	13. Establish a budget and make expenditures;
	14. Borrow money;
	15. Appoint committees, including standing committees
	composed of members, state regulators, state
	legislators or their representatives, and consumer
	representatives, and such other interested persons
	as may be designated in this Compact and the
	bylaws;
	16. Provide and receive information from, and cooperate
	with, law enforcement agencies;
	17. Establish and elect an Executive Board; and
	18. Perform such other functions as may be necessary or
	appropriate to achieve the purposes of this Compact
	consistent with the state regulation of physical
	therapy licensure and practice.
	D.  The Executive Board
	The Executive Board shall have the power to act on behalf of
	the Commission according to the terms of this Compact.
	1.  The Executive Board shall be composed of nine
	members:
	a.  Seven voting members who are elected by the
	Commission from the current membership of the
	Commission;
	b.  One ex-officio, nonvoting member from the
	recognized national physical therapy
	professional association; and
	c.  One ex-officio, nonvoting member from the
	recognized membership organization of the
	physical therapy licensing boards.
	2.  The ex-officio members will be selected by their
	respective organizations.
	3.  The Commission may remove any member of the
	Executive Board as provided in bylaws.
	4.  The Executive Board shall meet at least annually.
	5.  The Executive Board shall have the following Duties
	and responsibilities:
	a.  Recommend to the entire Commission changes to
	the rules or bylaws, changes to this Compact
	legislation, fees paid by Compact member
	states such as annual dues, and any
	commission Compact fee charged to licensees
	for the compact privilege;
	b.  Ensure Compact administration services are
	appropriately provided, contractual or
	otherwise;
	c.  Prepare and recommend the budget;
	d.  Maintain financial records on behalf of the
	Commission;
	e.  Monitor Compact compliance of member states
	and provide compliance reports to the
	Commission;
	f.  Establish additional committees as necessary;
	and
	g.  Other duties as provided in rules or bylaws.
	E.  Meetings of the Commission
	1.  All meetings shall be open to the public, and public
	notice of meetings shall be given in the same
	manner as required under the rulemaking provisions
	in Section 9.
	2.  The Commission or the Executive Board or other
	committees of the Commission may convene in a
	closed, non-public meeting if the Commission or
	Executive Board or other committees of the
	Commission must discuss:
	a.  Non-compliance of a member state with its
	obligations under the Compact;
	b.  The employment, compensation, discipline or
	other matters, practices or procedures
	related to specific employees or other
	matters related to the Commission's internal
	personnel practices and procedures;
	c.  Current, threatened, or reasonably
	anticipated litigation;
	d.  Negotiation of contracts for the purchase,
	lease, or sale of goods, services, or real
	estate;
	e.  Accusing any person of a crime or formally
	censuring any person;
	f.  Disclosure of trade secrets or commercial or
	financial information that is privileged or
	confidential;
	g.  Disclosure of information of a personal nature
	where disclosure would constitute a clearly
	unwarranted invasion of personal privacy;
	h.  Disclosure of investigative records compiled
	for law enforcement purposes;
	i.  Disclosure of information related to any
	investigative reports prepared by or on
	behalf of or for use of the Commission or
	other committee charged with responsibility
	of investigation or determination of
	compliance issues pursuant to the Compact; or
	j.  Matters specifically exempted from disclosure
	by federal or member state statute.
	3.  If a meeting, or portion of a meeting, is closed
	pursuant to this provision, the Commission's legal
	counsel or designee shall certify that the meeting
	may be closed and shall reference each relevant
	exempting provision.
	4.  The Commission shall keep minutes that fully and
	clearly describe all matters discussed in a meeting
	and shall provide a full and accurate summary of
	actions taken, and the reasons therefore,
	including a description of the views expressed. All
	documents considered in connection with an action
	shall be identified in such minutes. All minutes
	and documents of a closed meeting shall remain
	under seal, subject to release by a majority vote
	of the Commission or order of a court of competent
	jurisdiction.
	F.  Financing of the Commission
	1.  The Commission shall pay, or provide for the
	payment of, the reasonable expenses of its
	establishment, organization, and ongoing
	activities.
	2.  The Commission may accept any and all appropriate
	revenue sources, donations, and grants of money,
	equipment, supplies, materials, and services.
	3.  The Commission may levy on and collect an annual
	assessment from each member state or impose fees on
	other parties to cover the cost of the operations
	and activities of the Commission and its staff,
	which must be in a total amount sufficient to cover
	its annual budget as approved each year for which
	revenue is not provided by other sources. The
	aggregate annual assessment amount shall be
	allocated based upon a formula to be determined by
	the Commission, which shall promulgate a rule
	binding upon all member states.
	4.  The Commission shall not incur obligations of any
	kind prior to securing the funds adequate to meet
	the same; nor shall the Commission pledge the
	credit of any of the member states, except by and
	with the authority of the member state.
	5.  The Commission shall keep accurate accounts of all
	receipts and disbursements. The receipts and
	disbursements of the Commission shall be subject to
	the audit and accounting procedures established
	under its bylaws. However, all receipts and
	disbursements of funds handled by the Commission
	shall be audited yearly by a certified or licensed
	public accountant, and the report of the audit
	shall be included in and become part of the annual
	report of the Commission.
	G.  Qualified Immunity, Defense, and Indemnification
	1.  The members, officers, executive director,
	employees and representatives of the Commission
	shall be immune from suit and liability, either
	personally or in their official capacity, for any
	claim for damage to or loss of property or personal
	injury or other civil liability caused by or
	arising out of any actual or alleged act, error or
	omission that occurred, or that the person against
	whom the claim is made had a reasonable basis for
	believing occurred within the scope of Commission
	employment, duties or responsibilities; provided
	that nothing in this paragraph shall be construed
	to protect any such person from suit and/or
	liability for any damage, loss, injury, or
	liability caused by the intentional or willful or
	wanton misconduct of that person.
	2.  The Commission shall defend any member, officer,
	executive director, employee or representative of
	the Commission in any civil action seeking to
	impose liability arising out of any actual or
	alleged act, error, or omission that occurred
	within the scope of Commission employment, duties,
	or responsibilities, or that the person against
	whom the claim is made had a reasonable basis for
	believing occurred within the scope of Commission
	employment, duties, or responsibilities; provided
	that nothing herein shall be construed to prohibit
	that person from retaining his or her own counsel;
	and provided further, that the actual or alleged
	act, error, or omission did not result from that
	person's intentional or willful or wanton
	misconduct.
	3.  The Commission shall indemnify and hold harmless
	any member, officer, executive director, employee,
	or representative of the Commission for the amount
	of any settlement or judgment obtained against that
	person arising out of any actual or alleged act,
	error or omission that occurred within the scope of
	Commission employment, duties, or
	responsibilities, or that such person had a
	reasonable basis for believing occurred within the
	scope of Commission employment, duties, or
	responsibilities, provided that the actual or
	alleged act, error, or omission did not result from
	the intentional or willful or wanton misconduct of
	that person.
	SECTION 8.  DATA SYSTEM
	A.  The Commission shall provide for the development,
	maintenance, and utilization of a coordinated database and
	reporting system containing licensure, adverse action, and
	investigative information on all licensed individuals in member
	states.
	B.  Notwithstanding any other provision of state law to the
	contrary, a member state shall submit a uniform data set to the data
	system on all individuals to whom this Compact is applicable as
	required by the rules of the Commission, including:
	1.  Identifying information;
	2.  Licensure data;
	3.  Adverse actions against a license or compact
	privilege;
	4.  Non-confidential information related to
	alternative program participation;
	5.  Any denial of application for licensure, and the
	reason(s) for such denial; and
	6.  Other information that may facilitate the
	administration of this Compact, as determined by
	the rules of the Commission.
	C.  Investigative information pertaining to a licensee in
	any member state will only be available to other party states.
	D.  The Commission shall promptly notify all member states of
	any adverse action taken against a licensee or an individual
	applying for a license. Adverse action information pertaining to a
	licensee in any member state will be available to any other member
	state.
	E.  Member states contributing information to the data
	system may designate information that may not be shared with the
	public without the express permission of the contributing state.
	F.  Any information submitted to the data system that is
	subsequently required to be expunged by the laws of the member state
	contributing the information shall be removed from the data system.
	SECTION 9.  RULEMAKING
	A.  The Commission shall exercise its rulemaking powers
	pursuant to the criteria set forth in this Section and the rules
	adopted thereunder. Rules and amendments shall become binding as of
	the date specified in each rule or amendment.
	B.  If a majority of the legislatures of the member states
	rejects a rule, by enactment of a statute or resolution in the same
	manner used to adopt the Compact within 4 years of the date of
	adoption of the rule, then such rule shall have no further force and
	effect in any member state.
	C.  Rules or amendments to the rules shall be adopted at a
	regular or special meeting of the Commission.
	D.  Prior to promulgation and adoption of a final rule or
	rules by the Commission, and at least thirty (30) days in advance of
	the meeting at which the rule will be considered and voted upon, the
	Commission shall file a Notice of Proposed Rulemaking:
	1.  On the website of the Commission or other publicly
	accessible platform; and
	2.  On the website of each member state physical
	therapy licensing board or other publicly
	accessible platform or the publication in which
	each state would otherwise publish proposed rules.
	E.  The Notice of Proposed Rulemaking shall include:
	1.  The proposed time, date, and location of the
	meeting in which the rule will be considered and
	voted upon;
	2.  The text of the proposed rule or amendment and the
	reason for the proposed rule;
	3.  A request for comments on the proposed rule from any
	interested person; and
	4.  The manner in which interested persons may submit
	notice to the Commission of their intention to
	attend the public hearing and any written comments.
	F.  Prior to adoption of a proposed rule, the Commission
	shall allow persons to submit written data, facts, opinions, and
	arguments, which shall be made available to the public.
	G.  The Commission shall grant an opportunity for a public
	hearing before it adopts a rule or amendment if a hearing is
	requested by:
	1.  At least twenty-five (25) persons;
	2.  A state or federal governmental subdivision or
	agency; or
	3.  An association having at least twenty-five (25)
	members.
	H.  If a hearing is held on the proposed rule or amendment,
	the Commission shall publish the place, time, and date of the
	scheduled public hearing. If the hearing is held via electronic
	means, the Commission shall publish the mechanism for access to the
	electronic hearing.
	1.  All persons wishing to be heard at the hearing shall
	notify the executive director of the Commission or
	other designated member in writing of their desire
	to appear and testify at the hearing not less than
	five (5) business days before the scheduled date of
	the hearing.
	2.  Hearings shall be conducted in a manner providing
	each person who wishes to comment a fair and
	reasonable opportunity to comment orally or in
	writing.
	3.  All hearings will be recorded. A copy of the
	recording will be made available on request.
	4.  Nothing in this section shall be construed as
	requiring a separate hearing on each rule. Rules
	may be grouped for the convenience of the
	Commission at hearings required by this section.
	I.  Following the scheduled hearing date, or by the close of
	business on the scheduled hearing date if the hearing was not held,
	the Commission shall consider all written and oral comments
	received.
	J.  If no written notice of intent to attend the public
	hearing by interested parties is received, the Commission may
	proceed with promulgation of the proposed rule without a public
	hearing.
	K.  The Commission shall, by majority vote of all members,
	take final action on the proposed rule and shall determine the
	effective date of the rule, if any, based on the rulemaking record
	and the full text of the rule.
	L.  Upon determination that an emergency exists, the
	Commission may consider and adopt an emergency rule without prior
	notice, opportunity for comment, or hearing, provided that the
	usual rulemaking procedures provided in the Compact and in this
	section shall be retroactively applied to the rule as soon as
	reasonably possible, in no event later than ninety (90) days after
	the effective date of the rule. For the purposes of this provision,
	an emergency rule is one that must be adopted immediately in order
	to:
	1.  Meet an imminent threat to public health, safety,
	or welfare;
	2.  Prevent a loss of Commission or member state funds;
	3.  Meet a deadline for the promulgation of an
	administrative rule that is established by federal
	law or rule; or
	4.  Protect public health and safety.
	M.  The Commission or an authorized committee of the
	Commission may direct revisions to a previously adopted rule or
	amendment for purposes of correcting typographical errors, errors
	in format, errors in consistency, or grammatical errors. Public
	notice of any revisions shall be posted on the website of the
	Commission. The revision shall be subject to challenge by any
	person for a period of thirty (30) days after posting. The revision
	may be challenged only on grounds that the revision results in a
	material change to a rule. A challenge shall be made in writing, and
	delivered to the chair of the Commission prior to the end of the
	notice period. If no challenge is made, the revision will take
	effect without further action. If the revision is challenged, the
	revision may not take effect without the approval of the
	Commission.
	SECTION 10.  OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
	A.  Oversight
	1.  The executive, legislative, and judicial branches
	of state government in each member state shall
	enforce this Compact and take all actions necessary
	and appropriate to effectuate the Compact's
	purposes and intent. The provisions of this Compact
	and the rules promulgated hereunder shall have
	standing as statutory law.
	2.  All courts shall take judicial notice of the
	Compact and the rules in any judicial or
	administrative proceeding in a member state
	pertaining to the subject matter of this Compact
	which may affect the powers, responsibilities or
	actions of the Commission.
	3.  The Commission shall be entitled to receive service
	of process in any such proceeding, and shall have
	standing to intervene in such a proceeding for all
	purposes. Failure to provide service of process to
	the Commission shall render a judgment or order
	void as to the Commission, this Compact, or
	promulgated rules.
	B.  Default, Technical Assistance, and Termination
	1.  If the Commission determines that a member state
	has defaulted in the performance of its obligations
	or responsibilities under this Compact or the
	promulgated rules, the Commission shall:
	a.  Provide written notice to the defaulting state
	and other member states of the nature of the
	default, the proposed means of curing the
	default and/or any other action to be taken by
	the Commission; and
	b.  Provide remedial training and specific
	technical assistance regarding the default.
	2.  If a state in default fails to cure the default, the
	defaulting state may be terminated from the Compact
	upon an affirmative vote of a majority of the
	member states, and all rights, privileges and
	benefits conferred by this Compact may be
	terminated on the effective date of termination. A
	cure of the default does not relieve the offending
	state of obligations or liabilities incurred
	during the period of default.
	3.  Termination of membership in the Compact shall be
	imposed only after all other means of securing
	compliance have been exhausted. Notice of intent to
	suspend or terminate shall be given by the
	Commission to the governor, the majority and
	minority leaders of the defaulting state's
	legislature, and each of the member states.
	4.  A state that has been terminated is responsible for
	all assessments, obligations, and liabilities
	incurred through the effective date of
	termination, including obligations that extend
	beyond the effective date of termination.
	5.  The Commission shall not bear any costs related to a
	state that is found to be in default or that has
	been terminated from the Compact, unless agreed
	upon in writing between the Commission and the
	defaulting state.
	6.  The defaulting state may appeal the action of the
	Commission by petitioning the U.S. District Court
	for the District of Columbia or the federal
	district where the Commission has its principal
	offices. The prevailing member shall be awarded all
	costs of such litigation, including reasonable
	attorney's fees.
	C.  Dispute Resolution
	1.  Upon request by a member state, the Commission
	shall attempt to resolve disputes related to the
	Compact that arise among member states and between
	member and non-member states.
	2.  The Commission shall promulgate a rule providing
	for both mediation and binding dispute resolution
	for disputes as appropriate.
	D.  Enforcement
	1.  The Commission, in the reasonable exercise of its
	discretion, shall enforce the provisions and rules
	of this Compact.
	2.  By majority vote, the Commission may initiate legal
	action in the United States District Court for the
	District of Columbia or the federal district where
	the Commission has its principal offices against a
	member state in default to enforce compliance with
	the provisions of the Compact and its promulgated
	rules and bylaws. The relief sought may include
	both injunctive relief and damages. In the event
	judicial enforcement is necessary, the prevailing
	member shall be awarded all costs of such
	litigation, including reasonable attorney's fees.
	3.  The remedies herein shall not be the exclusive
	remedies of the Commission. The Commission may
	pursue any other remedies available under federal or
	state law.
	SECTION 11.  DATE OF IMPLEMENTATION OF THE INTERSTATE
	COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
	WITHDRAWAL, AND AMENDMENT
	A.  The Compact shall come into effect on the date on which
	the Compact statute is enacted into law in the tenth member state.
	The provisions, which become effective at that time, shall be
	limited to the powers granted to the Commission relating to
	assembly and the promulgation of rules. Thereafter, the Commission
	shall meet and exercise rulemaking powers necessary to the
	implementation and administration of the Compact.
	B.  Any state that joins the Compact subsequent to the
	Commission's initial adoption of the rules shall be subject to the
	rules as they exist on the date on which the Compact becomes law in
	that state. Any rule that has been previously adopted by the
	Commission shall have the full force and effect of law on the day
	the Compact becomes law in that state.
	C.  Any member state may withdraw from this Compact by
	enacting a statute repealing the same.
	1.  A member state's withdrawal shall not take effect
	until six (6) months after enactment of the
	repealing statute.
	2.  Withdrawal shall not affect the continuing
	requirement of the withdrawing state's physical
	therapy licensing board to comply with the
	investigative and adverse action reporting
	requirements of this act prior to the effective
	date of withdrawal.
	D.  Nothing contained in this Compact shall be construed to
	invalidate or prevent any physical therapy licensure agreement or
	other cooperative arrangement between a member state and a
	non-member state that does not conflict with the provisions of this
	Compact.
	E.  This Compact may be amended by the member states. No
	amendment to this Compact shall become effective and binding upon
	any member state until it is enacted into the laws of all member
	states.
	SECTION 12.  CONSTRUCTION AND SEVERABILITY
	This Compact shall be liberally construed so as to effectuate
	the purposes thereof. The provisions of this Compact shall be
	severable and if any phrase, clause, sentence or provision of this
	Compact is declared to be contrary to the constitution of any party
	state or of the United States or the applicability thereof to any
	government, agency, person or circumstance is held invalid, the
	validity of the remainder of this Compact and the applicability
	thereof to any government, agency, person or circumstance shall not
	be affected thereby. If this Compact shall be held contrary to the
	constitution of any party state, the Compact shall remain in full
	force and effect as to the remaining party states and in full force
	and effect as to the party state affected as to all severable
	matters.
	Sec. 453.502.  ADMINISTRATION OF COMPACT. The board is the
	Physical Therapy Licensure Compact administrator for this state.
	Sec. 453.503.  RULES.  The board may adopt rules necessary to
	implement this subchapter.
	Sec. 453.504.  PHYSICAL THERAPY LICENSURE COMPACT;
	DISCLOSURE OF PERSONAL INFORMATION. (a) In reporting information
	to the coordinated database and reporting system under Section 8 of
	the Physical Therapy Licensure Compact, the board may disclose
	personally identifiable information about a physical therapist or a
	physical therapist assistant, including the person's social
	security number.
	(b)  The coordinated database and reporting system may not
	share personally identifiable information with a state that is not
	a party to the compact unless the state agrees to not disclose that
	information to any other person.
	ARTICLE 4. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
	SECTION 4.01.  Section 454.003, Occupations Code, is amended
	to read as follows:
	Sec. 454.003.  APPLICATION OF SUNSET ACT.  The Texas Board of
	Occupational Therapy Examiners 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 chapter
	expires September 1, 2029 [2017].
	SECTION 4.02.  Section 454.005(b), Occupations Code, is
	amended to read as follows:
	(b)  The licensing provisions of this chapter do not apply
	to:
	(1)  an occupational therapy aide assisting a license
	holder under this chapter;
	(2)  a person engaged in a course of study leading to a
	degree or certificate in occupational therapy at an accredited or
	approved educational program if:
	(A)  the activities and services constitute a part
	of a supervised course of study; and
	(B)  the person is designated by a title that
	clearly indicates the person's status as a student or trainee;
	(3)  a person fulfilling the supervised field work
	experience requirements of Section 454.203, if those activities and
	services constitute a part of the experience necessary to meet the
	requirement of that section;
	(4)  an occupational therapist performing a special
	project in patient care while working toward an advanced degree
	from an accredited college or university;
	(5)  an occupational therapist or occupational therapy
	assistant who does not live in this state and who:
	(A)  is licensed by another state or who meets the
	requirements for certification established by the National Board
	for Certification in Occupational Therapy [American Occupational
	Therapy Association] as an occupational therapist registered (OTR)
	or a certified occupational therapy assistant (COTA); and
	(B)  comes into this state for not more than four
	consecutive months to:
	(i)  provide or attend an educational
	activity;
	(ii)  assist in a case of medical emergency;
	or
	(iii)  engage in a special occupational
	therapy project; or
	(6)  a qualified and properly trained person acting
	under a physician's supervision under Section 157.001.
	SECTION 4.03.  Section 454.053, Occupations Code, is amended
	to read as follows:
	Sec. 454.053.  MEMBERSHIP RESTRICTIONS.  (a)  In this
	section, "Texas trade association" means a [nonprofit,]
	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 [An officer, employee, or paid consultant of a
	Texas trade association in the field of health care] may not be a
	member of the 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[.
	[(c)  A person who is the] spouse is [of] an officer,
	manager, or paid consultant of a Texas trade association in the
	field of health care [may not be a member of the board].
	(c) [(d)]  A person may not be [serve as] a member of the
	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 executive council or the board.
	SECTION 4.04.  Sections 454.055(a) and (c), Occupations
	Code, are amended to read as follows:
	(a)  It is a ground for removal from the board that a member:
	(1)  does not have at the time of taking office
	[appointment] the qualifications required by Section 454.051(a);
	(2)  does not maintain during service on the board the
	qualifications required by Section 454.051(a);
	(3)  is ineligible for membership under [violates a
	prohibition established by] Section 454.052 or 454.053;
	(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 board meetings that the member is eligible to attend
	during a calendar year without an excuse approved [unless the
	absence is excused] by a majority vote of the board.
	(c)  If the coordinator of occupational therapy programs has
	knowledge that a potential ground for removal exists, the
	coordinator shall notify the presiding officer of the 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 coordinator shall notify the next highest
	ranking officer of the board, who shall then notify the governor and
	the attorney general that a potential ground for removal exists.
	SECTION 4.05.  Section 454.057, Occupations Code, is amended
	to read as follows:
	Sec. 454.057.  OFFICERS. (a)  The governor shall designate a
	member of the board as the presiding officer of the board to serve
	in that capacity at the pleasure of the governor.
	(b)  After the appointment of members every two years, the
	members of the board shall elect from among its members [a presiding
	officer,] a secretary[,] and other officers required to conduct the
	business of the board.
	SECTION 4.06.  Section 454.059, Occupations Code, is amended
	to read as follows:
	Sec. 454.059.  TRAINING.  (a)  A person who is appointed to
	and qualifies for office as [Before] a member of the board may not
	vote, deliberate, or be counted as a member in attendance at a
	meeting of the board until the person completes [assume the
	member's duties, the member must complete at least] a [course of
	the] training program that complies with [established by the board
	under] this section.
	(b)  The training program must [shall] provide the person
	with information [to a participant] regarding:
	(1)  the law governing board and executive council
	operations [this chapter];
	(2)  the programs, functions, rules, and budget of
	[operated by] the board and executive council;
	(3)  the scope of and limitations on the rulemaking
	authority [role and functions] of the board and executive council;
	(4)  [the rules of the board, with an emphasis on the
	rules that relate to disciplinary and investigatory authority;
	[(5)  the current budget for the board;
	[(6)]  the results of the most recent formal audit of
	the board and executive council;
	(5) [(7)]  the requirements of:
	(A)  laws relating to open meetings, public
	information, administrative procedure, and disclosing conflicts of
	interest; and
	(B)  other laws applicable to members of the board
	in performing their duties [Chapters 551, 552, 2001, and 2002,
	Government Code;
	[(8)     the requirements of the conflict of interest laws
	and other laws relating to public officials]; and
	(6) [(9)]  any applicable ethics policies adopted by
	the board or the Texas Ethics Commission.
	(c)  A person appointed to the 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 person's attendance at the program occurs
	before or after the person qualifies for office [In developing the
	training requirements provided for by this section, the board shall
	consult with the governor's office, the attorney general's office,
	and the Texas Ethics Commission].
	(d)  The director of the executive council shall create a
	training manual that includes the information required by
	Subsection (b). The director shall distribute a copy of the
	training manual annually to each board member. On receipt of the
	training manual, each board member shall sign and submit to the
	director a statement acknowledging receipt of the training manual
	[If another state agency or entity is given the authority to
	establish the training requirements, the board shall allow that
	training instead of developing its own program].
	SECTION 4.07.  Section 454.105(b), Occupations Code, is
	amended to read as follows:
	(b)  The board shall develop and implement policies that
	clearly separate [define] the policymaking [respective]
	responsibilities of the board and the management responsibilities
	of the director and [the] staff of the executive council.
	SECTION 4.08.  Subchapter C, Chapter 454, Occupations Code,
	is amended by adding Sections 454.1061 and 454.108 to read as
	follows:
	Sec. 454.1061.  PLACE OF EMPLOYMENT. The board may require
	that a license holder provide current information in a readily
	accessible and usable format regarding the license holder's current
	place of employment as an occupational therapist or occupational
	therapy assistant.
	Sec. 454.108.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
	RESOLUTION. (a) The board shall develop a policy to encourage the
	use of:
	(1)  negotiated rulemaking under Chapter 2008,
	Government Code, for the adoption of board rules; and
	(2)  appropriate alternative dispute resolution
	procedures under Chapter 2009, Government Code, to assist in the
	resolution of internal and external disputes under the board's
	jurisdiction.
	(b)  The board's procedures relating to alternative dispute
	resolution must conform, to the extent possible, to any model
	guidelines issued by the State Office of Administrative Hearings
	for the use of alternative dispute resolution by state agencies.
	(c)  The board shall:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  provide training as needed to implement the
	procedures for negotiated rulemaking or alternative dispute
	resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures.
	SECTION 4.09.  Section 454.153(e), Occupations Code, is
	amended to read as follows:
	(e)  The staff of the executive council [coordinator of
	occupational therapy programs] shall notify the board of a
	complaint that extends beyond the time prescribed by the board for
	resolving the complaint so that the board may take necessary action
	on the complaint.
	SECTION 4.10.  The heading to Subchapter E, Chapter 454,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER E.  LICENSE REQUIREMENTS[; REGISTRATION OF FACILITIES]
	SECTION 4.11.  Section 454.203(a), Occupations Code, is
	amended to read as follows:
	(a)  An applicant for an occupational therapist license or an
	occupational therapy assistant license must present evidence
	satisfactory to the board that the applicant has:
	(1)  successfully completed the academic and
	supervised field work experience requirements of an educational
	program in occupational therapy recognized by the board, as
	provided by Section 454.204; and
	(2)  [successfully completed a period of supervised
	field work experience arranged by the recognized educational
	institution at which the applicant met the academic requirements;
	and
	[(3)]  passed an examination as provided by Section
	454.207.
	SECTION 4.12.  Section 454.207, Occupations Code, is amended
	to read as follows:
	Sec. 454.207.  LICENSE EXAMINATION. (a) The board by rule
	shall recognize a national testing entity to administer the
	examinations required to obtain an occupational therapist or
	occupational therapy assistant license.
	(b)  The [examine each applicant for a license by written]
	examination must [to] test the applicant's knowledge of the basic
	and clinical sciences relating to occupational therapy,
	occupational therapy techniques and methods, and other subjects the
	board may require to determine the applicant's fitness to practice.
	[(b)     The board shall examine applicants for licenses at
	least twice each year at the board's regular meetings and under the
	supervision required by the board.]
	(c)  The national testing entity recognized by the board
	shall be responsible for overseeing the examination process,
	including responsibility for:
	(1)  specifying application requirements for the
	examination;
	(2)  specifying reexamination requirements for the
	examination;
	(3)  verifying that an applicant meets the educational
	and supervised field experience requirements established by the
	board; and
	(4)  notifying an applicant and the board of the
	applicant's examination results [board shall:
	[(1)  approve an examination for:
	[(A)  occupational therapists; and
	[(B)  occupational therapy assistants;
	[(2)     establish standards for acceptable performance;
	and
	[(3)     have the written portion of the examination
	validated by an independent testing entity].
	(d)  The rules adopted under this section may require that an
	applicant authorize the national testing entity to directly provide
	to the board the applicant's examination results [board shall give
	reasonable public notice of the examination in accordance with its
	rules].
	(e)  The board may require an applicant for an occupational
	therapist or occupational therapy assistant license to pass a
	jurisprudence examination.
	SECTION 4.13.  Subchapter E, Chapter 454, Occupations Code,
	is amended by adding Sections 454.216 and 454.217 to read as
	follows:
	Sec. 454.216.  LICENSE BY ENDORSEMENT. (a) The board shall
	issue an occupational therapist license or an occupational therapy
	assistant license, as applicable, to an applicant who holds a
	current, unrestricted license in another jurisdiction that
	maintains licensing requirements that are substantially equivalent
	to the requirements under this chapter. An applicant for a license
	under this section must:
	(1)  present proof to the board that the applicant is
	licensed in good standing as an occupational therapist or
	occupational therapy assistant in that jurisdiction;
	(2)  provide to the board information regarding the
	status of any other professional license that the applicant holds
	or has held in this state or another jurisdiction;
	(3)  present proof to the board that the applicant has
	passed a jurisprudence examination required by the board;
	(4)  meet the qualifications required by Section
	454.203 or 454.205, as applicable;
	(5)  not have committed an act that is grounds for
	denial of a license under Section 454.301;
	(6)  submit to the board a current photograph that
	meets the requirements for a United States passport; and
	(7)  meet any additional requirements provided by board
	rule.
	(b)  The board shall adopt rules for issuing a provisional
	license under Section 454.210 to an applicant for a license by
	endorsement who encounters a delay that is outside the applicant's
	control in submitting to the board the documentation required by
	this section.
	Sec. 454.217.  CRIMINAL HISTORY RECORD INFORMATION FOR
	LICENSE ISSUANCE. (a)  The board shall require that an applicant
	for a license submit a complete and legible set of fingerprints, on
	a form prescribed by the board, to the 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 board may not issue a license to a person who does
	not comply with the requirement of Subsection (a).
	(c)  The board shall conduct a criminal history record
	information check of each applicant for a license using
	information:
	(1)  provided by the individual under this section; and
	(2)  made available to the 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 board may:
	(1)  enter into an agreement with the Department of
	Public Safety to administer a criminal history record information
	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 record information
	check.
	SECTION 4.14.  Section 454.252(b), Occupations Code, is
	amended to read as follows:
	(b)  A person whose license has been expired for 90 days or
	less may renew the license by paying to the executive council the
	renewal fee and a late fee set by the executive council that may not
	exceed one-half of the renewal [examination] fee for the license.
	If a person's license has been expired for more than 90 days but
	less than one year, the person may renew the license by paying to
	the executive council all unpaid renewal fees and a late fee set by
	the executive council that may not exceed the amount of the renewal
	fee [charged for examination for the license].
	SECTION 4.15.  Section 454.253(b), Occupations Code, is
	amended to read as follows:
	(b)  The person must pay to the executive council a renewal
	fee set by the executive council under this section in an amount
	that may not exceed the renewal [examination] fee for the license.
	SECTION 4.16.  Section 454.254, Occupations Code, is amended
	by adding Subsection (e) to read as follows:
	(e)  The board by rule shall establish a process for
	selecting a license holder peer organization in this state to
	evaluate and approve continuing education courses under Subsection
	(d). The selection process must include a request for proposal and
	bidding process. If the board authorizes a peer organization to
	evaluate and approve continuing education courses under Subsection
	(d), the board shall request bids and proposals from that
	organization and other organizations at least once every four
	years.
	SECTION 4.17.  Subchapter F, Chapter 454, Occupations Code,
	is amended by adding Section 454.255 to read as follows:
	Sec. 454.255.  CRIMINAL HISTORY RECORD INFORMATION
	REQUIREMENT FOR LICENSE RENEWAL. (a)  An applicant renewing a
	license issued under this chapter shall submit a complete and
	legible set of fingerprints for purposes of performing a criminal
	history record information check of the applicant as provided by
	Section 454.217.
	(b)  The board may administratively suspend or refuse to
	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 454.217 for the initial issuance of the
	license; or
	(2)  this section as part of a prior license renewal.
	SECTION 4.18.  Subchapter G, Chapter 454, Occupations Code,
	is amended by adding Sections 454.3025 and 454.307 to read as
	follows:
	Sec. 454.3025.  SCHEDULE OF SANCTIONS.  (a)  The board by
	rule shall adopt a schedule of administrative penalties and other
	sanctions that the board may impose under this chapter.  In adopting
	the schedule of sanctions, the board shall ensure that the amount of
	the penalty or severity of the sanction imposed is appropriate to
	the type of violation or conduct that is the basis for disciplinary
	action.  In determining the appropriate disciplinary action,
	including the amount of any administrative penalty to assess, the
	board shall consider:
	(1)  the seriousness of the violation, including:
	(A)  the nature, circumstances, extent, and
	gravity of the violation; and
	(B)  the hazard or potential hazard created to the
	health, safety, or economic welfare of the public;
	(2)  the history of previous violations;
	(3)  the amount necessary to deter future violations;
	(4)  efforts to correct the violation;
	(5)  the economic harm to the public interest or public
	confidence caused by the violation;
	(6)  whether the violation was intentional; and
	(7)  any other matter that justice requires.
	(b)  The board shall make the schedule of sanctions adopted
	under Subsection (a) available to the public on request.
	Sec. 454.307.  RECORD OF DISCIPLINARY ACTION; EXPUNGEMENT.
	(a)  The board by rule shall establish a process to expunge any
	record of disciplinary action taken against a license holder before
	September 1, 2017, for practicing in a facility that failed to meet
	the registration requirements of Section 454.215, as that section
	existed on January 1, 2017.  The rules must provide that the board
	may not expunge a record under this section after September 1, 2019.
	(b)  This section expires September 1, 2019.
	SECTION 4.19.  Sections 454.3521(a) and (b), Occupations
	Code, are amended to read as follows:
	(a)  The board may impose an administrative penalty against a
	person licensed [or facility registered] under this chapter who
	violates this chapter or a rule or order adopted under this chapter.
	(b)  The penalty may not exceed $200, and each day a
	violation continues or occurs is a separate violation for the
	purpose of imposing a penalty. The amount of the penalty shall be
	determined according to the sanctions schedule under Section
	454.3025 [based on:
	[(1)     the seriousness of the violation, including the
	nature, circumstances, extent, and gravity of any prohibited acts,
	and the hazard or potential hazard created to the health, safety, or
	economic welfare of the public;
	[(2)  the history of previous violations;
	[(3)  the amount necessary to deter a future violation;
	[(4)  efforts to correct the violation; and
	[(5)  any other matter that justice requires].
	SECTION 4.20.  The following provisions of the Occupations
	Code are repealed:
	(1)  Section 454.203(b);
	(2)  Section 454.205(b);
	(3)  Section 454.206;
	(4)  Section 454.208;
	(5)  Section 454.209; and
	(6)  Section 454.215.
	SECTION 4.21.  (a) Except as provided by Subsection (b) of
	this section, Section 454.059, Occupations Code, as amended by this
	article, applies to a member of the Texas Board of Occupational
	Therapy Examiners appointed before, on, or after the effective date
	of this article.
	(b)  A member of the Texas Board of Occupational Therapy
	Examiners who, before the effective date of this article, completed
	the training program required by Section 454.059, Occupations Code,
	as that law existed before the effective date of this article, is
	required to complete additional training only on subjects added to
	the training program required by Section 454.059, Occupations Code,
	as amended by this article. A board member described by this
	subsection may not vote, deliberate, or be counted as a member in
	attendance at a meeting of the Texas Board of Occupational Therapy
	Examiners held on or after December 1, 2017, until the member
	completes the additional training.
	SECTION 4.22.  As soon as practicable after the effective
	date of this article, the director of the Executive Council of
	Physical Therapy and Occupational Therapy Examiners shall create
	the training manual required by Section 454.059(d), Occupations
	Code, as amended by this article.
	SECTION 4.23.  As soon as practicable after the effective
	date of this article, the Texas Board of Occupational Therapy
	Examiners shall:
	(1)  develop and implement the policies required by:
	(A)  Section 454.105(b), Occupations Code, as
	amended by this article; and
	(B)  Section 454.108, Occupations Code, as added
	by this article; and
	(2)  adopt any rules necessary to implement Chapter
	454, Occupations Code, as amended by this article.
	SECTION 4.24.  Not later than September 1, 2018, the Texas
	Board of Occupational Therapy Examiners shall establish the request
	for proposal and bidding process required by Section 454.254(e),
	Occupations Code, as added by this article.
	SECTION 4.25.  Sections 454.203, 454.205, 454.252, and
	454.253, Occupations Code, as amended by this article, and Sections
	454.217 and 454.255, Occupations Code, as added by this article,
	apply only to an application for the issuance or renewal of an
	occupational therapist or occupational therapy assistant license
	submitted to the Texas Board of Occupational Therapy Examiners on
	or after the effective date of this article. An application
	submitted before that date is governed by the law in effect on the
	date the application was submitted, and the former law is continued
	in effect for that purpose.
	SECTION 4.26.  A person who holds an occupational therapist
	or occupational therapy assistant license issued before the
	effective date of this article may continue to renew that license
	without complying with the changes in law made by this article to
	Section 454.203, Occupations Code.
	SECTION 4.27.  (a) The Texas Board of Occupational Therapy
	Examiners shall dismiss the portion of any complaint, penalty,
	disciplinary action, or contested case pending on the effective
	date of this article that is based on a violation of rules adopted
	under Section 454.215, Occupations Code, as repealed by this
	article.
	(b)  Section 454.307, Occupations Code, as added by this
	article, applies only to records of disciplinary action for conduct
	that occurred before the effective date of this article.
	SECTION 4.28.  Section 454.3025, Occupations Code, as added
	by this article, and Section 454.3521(b), Occupations Code, as
	amended by this article, apply only to conduct that occurs on or
	after the date that rules adopted under Section 454.3025 take
	effect.  Conduct that occurs before that date is governed by the law
	in effect before the effective date of this article, and the former
	law is continued in effect for that purpose.
	ARTICLE 5. EFFECTIVE DATE
	SECTION 5.01.  This Act takes effect September 1, 2017.