By: Black H.B. No. 1514
73R4155 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of podiatry and to the continuation and
1-3 functions of the Texas State Board of Podiatry Examiners; providing
1-4 a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 4567, Revised Statutes, is amended to
1-7 read as follows:
1-8 Art. 4567. DEFINITIONS. (a) Any person shall be regarded
1-9 as practicing chiropody within the meaning of this law, and shall
1-10 be deemed and construed to be a chiropodist, who shall treat or
1-11 offer to treat any disease or disorder, physical injury or
1-12 deformity, or ailment of the human foot by any system or method and
1-13 charge therefor, directly or indirectly, money or other
1-14 compensation, or who shall publicly profess or claim to be a
1-15 chiropodist, podiatrist, pedicurist, foot specialist, doctor or use
1-16 any title, degree, letter, syllable, word or words that would tend
1-17 to lead the public to believe such person was a practitioner
1-18 authorized to practice or assume the duties incident to the
1-19 practice of chiropody.
1-20 (b) In this chapter:
1-21 (1) "Board" means the Texas State Board of Podiatry
1-22 Examiners.
1-23 (2) "Executive director" means the employee of the
1-24 board who manages the day-to-day operations of the board.
2-1 SECTION 2. Chapter 11, Title 71, Revised Statutes, is
2-2 amended by adding Article 4567e to read as follows:
2-3 Art. 4567e. ADMINISTRATIVE PENALTIES. (a) If a person
2-4 licensed under this chapter violates this chapter or a rule or
2-5 order adopted by the board under this chapter, the board may assess
2-6 an administrative penalty against the person as provided by this
2-7 section.
2-8 (b) The penalty for each violation may be in an amount not
2-9 to exceed $2,500. Each day a violation continues or occurs may be
2-10 considered a separate violation for purposes of penalty assessment.
2-11 (c) In determining the amount of the penalty, the executive
2-12 director shall consider:
2-13 (1) the seriousness of the violation, including the
2-14 nature, circumstances, extent, and gravity of the prohibited acts
2-15 and the hazard or potential hazard posed to the health or safety of
2-16 the public;
2-17 (2) the economic damage to property or the environment
2-18 caused by the violation;
2-19 (3) the history of previous violations;
2-20 (4) the amount necessary to deter future violations;
2-21 (5) efforts to correct the violation; and
2-22 (6) any other matter that justice may require.
2-23 (d) If, after investigation of a possible violation and the
2-24 facts surrounding that possible violation, the executive director
2-25 determines that a violation has occurred, the executive director
2-26 may issue a violation report stating the facts on which the
2-27 conclusion that a violation occurred is based, recommending that an
3-1 administrative penalty under this section be imposed on the person
3-2 charged and recommending the amount of that proposed penalty. The
3-3 executive director shall base the recommended amount of the
3-4 proposed penalty on the seriousness of the violation determined by
3-5 consideration of the factors set forth in Subsection (c) of this
3-6 article.
3-7 (e) Not later than the 14th day after the date on which the
3-8 report is issued, the executive director shall give written notice
3-9 of the report to the person charged. The notice shall include a
3-10 brief summary of the charges, a statement of the amount of the
3-11 penalty recommended, and a statement of the right of the person
3-12 charged to a hearing on the occurrence of the violation or the
3-13 amount of the penalty, or both the occurrence of the violation and
3-14 the amount of the penalty.
3-15 (f) Not later than the 20th day after the date on which
3-16 notice is received, the person charged may accept the determination
3-17 of the executive director made under Subsection (d) of this
3-18 article, including the recommended penalty, or make a written
3-19 request for a hearing on the determination.
3-20 (g) If the person charged with the violation accepts the
3-21 determination of the executive director, the board shall issue an
3-22 order approving the determination and ordering the payment of the
3-23 recommended penalty.
3-24 (h) If the person charged requests a hearing or fails to
3-25 timely respond to the notice, the executive director shall set a
3-26 hearing and give notice of the hearing. The hearing shall be held
3-27 by the State Office of Administrative Hearings. The State Office
4-1 of Administrative Hearings shall make findings of fact and
4-2 conclusions of law and promptly issue to the board a proposal for
4-3 decision as to the occurrence of the violation, including a
4-4 recommendation as to the amount of the proposed penalty if a
4-5 penalty is warranted. Based on the findings of fact, conclusions
4-6 of law, and recommendations of the hearing examiner, the board by
4-7 order may find a violation has occurred and may assess a penalty or
4-8 may find that no violation has occurred. All proceedings under
4-9 this subsection are subject to the Administrative Procedure and
4-10 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
4-11 Statutes), and its subsequent amendments.
4-12 (i) The executive director shall give notice of the board's
4-13 order to the person charged. The notice shall include:
4-14 (1) the findings of fact and conclusions of law
4-15 separately stated;
4-16 (2) the amount of the penalty ordered, if any;
4-17 (3) a statement of the right of the person charged to
4-18 judicial review of the board's order, if any; and
4-19 (4) other information required by law.
4-20 (j) Within the 30-day period immediately following the day
4-21 on which the order becomes final as provided by Section 16(c),
4-22 Administrative Procedure and Texas Register Act (Article 6252-13a,
4-23 Vernon's Texas Civil Statutes), and its subsequent amendments, the
4-24 person charged with the penalty shall:
4-25 (1) pay the penalty in full; or
4-26 (2) if the person files a petition for judicial review
4-27 contesting either the amount of the penalty or the fact of the
5-1 violation or contesting both the fact of the violation and the
5-2 amount of the penalty:
5-3 (A) forward the amount to the executive director
5-4 for placement in an escrow account; or
5-5 (B) in lieu of payment into escrow, post with
5-6 the executive director a supersedeas bond in a form approved by the
5-7 executive director for the amount of the penalty, the bond to be
5-8 effective until all judicial review of the order or decision is
5-9 final.
5-10 (k) If a person charged is financially unable to either
5-11 forward the amount of the penalty for placement in an escrow
5-12 account or post a supersedeas bond for the amount of the penalty,
5-13 the person may satisfy the requirements of Subsection (j)(2) of
5-14 this article by filing with the executive director an affidavit
5-15 sworn by the person charged, stating that the person is financially
5-16 unable to either forward the amount of the penalty or post a bond.
5-17 (l) Failure to forward the money to or to post the bond or
5-18 file the affidavit with the executive director within the time
5-19 provided by Subsection (j) of this article results in a waiver of
5-20 all legal rights to judicial review. Also, if the person charged
5-21 fails to pay the penalty in full as provided under Subsection
5-22 (j)(1) of this article or forward the money, post the bond, or file
5-23 the affidavit as provided by Subsection (j) or (k) of this article,
5-24 the executive director may forward the matter to the attorney
5-25 general for enforcement.
5-26 (m) Judicial review of the order or decision of the board
5-27 assessing the penalty shall be under the substantial evidence rule
6-1 and shall be instituted by filing a petition with a district court
6-2 in Travis County, as provided by Section 19, Administrative
6-3 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
6-4 Civil Statutes), and its subsequent amendments.
6-5 (n) If the penalty is reduced or not assessed by the court,
6-6 the executive director shall remit to the person charged the
6-7 appropriate amount plus accrued interest if the penalty has been
6-8 paid or shall execute a release of the bond if a supersedeas bond
6-9 has been posted. The accrued interest on amounts remitted by the
6-10 executive director under this subsection shall be paid at a rate
6-11 equal to the rate charged on loans to depository institutions by
6-12 the New York Federal Reserve Bank and shall be paid for the period
6-13 beginning on the date the penalty is paid to the executive director
6-14 under Subsection (j) of this article and ending on the date the
6-15 penalty is remitted.
6-16 (o) A penalty collected under this section for a violation
6-17 by a person licensed or permitted under this code shall be
6-18 deposited in the state general revenue fund.
6-19 SECTION 3. Article 4568, Revised Statutes, is amended by
6-20 amending Subsections (a)-(f) and adding Subsections (m)-(r) to read
6-21 as follows:
6-22 (a) The Texas State Board of Podiatry Examiners shall
6-23 consist of nine (9) members. Six (6) members must be reputable
6-24 practicing podiatrists who have resided in this state and who have
6-25 been actively engaged in the practice of podiatry for five (5)
6-26 years immediately preceding their appointment. Three (3) members
6-27 must be representatives of the general public. However, a public
7-1 member may not participate in any part of the examination process
7-2 for applicants for a license issued by the Board that requires
7-3 knowledge of the practice of podiatry. Appointments to the Board
7-4 shall be made by the Governor without regard to the race, color,
7-5 <creed,> disability, sex, religion, or national origin of the
7-6 appointees.
7-7 (b) A person is not eligible for appointment as a public
7-8 member if the person or the person's spouse:
7-9 (1) is registered, certified, or licensed by an
7-10 occupational regulatory agency in the field of health care;
7-11 (2) is employed by or participates in the management
7-12 of a <an agency or> business entity or other organization regulated
7-13 by the Board or receiving funds from the Board <that provides
7-14 health-care services or that sells, manufactures, or distributes
7-15 health-care supplies or equipment>; <or>
7-16 (3) owns or controls, directly or indirectly, more
7-17 than a 10 percent interest in a business entity or other
7-18 organization regulated by the Board or receiving funds from the
7-19 Board; or
7-20 (4) uses or receives a substantial amount of tangible
7-21 goods, services, or funds from the Board, other than compensation
7-22 or reimbursement authorized by law for Board membership,
7-23 attendance, or expenses <has, other than as a consumer, a financial
7-24 interest in a business entity that provides health-care services or
7-25 that sells, manufactures, or distributes health-care supplies or
7-26 equipment>.
7-27 (c)(1) An officer, employee, or paid consultant of a Texas
8-1 trade association in the field of health services may not be a
8-2 member or employee of the Board who is exempt from the state's
8-3 position classification plan or is compensated at or above the
8-4 amount prescribed by the General Appropriations Act for step 1,
8-5 salary group 17, of the position classification salary schedule.
8-6 (2) A person who is the spouse of an officer, manager,
8-7 or paid consultant of a Texas trade association in the field of
8-8 health services may not be a Board member and may not be an
8-9 employee of the Board who is exempt from the state's position
8-10 classification plan or is compensated at or above the amount
8-11 prescribed by the General Appropriations Act for step 1, salary
8-12 group 17, of the position classification salary schedule.
8-13 (3) For the purposes of this section, a Texas trade
8-14 association is a nonprofit, cooperative, and voluntarily joined
8-15 association of business or professional competitors in this state
8-16 designed to assist its members and its industry or profession in
8-17 dealing with mutual business or professional problems and in
8-18 promoting their common interest <A member or employee of the Board
8-19 may not be an officer, employee, or paid consultant of a statewide
8-20 or national trade association in the health-care industry. A
8-21 member or employee of the Board may not be related within the
8-22 second degree by affinity or consanguinity, as determined under
8-23 Article 5996h, Revised Statutes, to a person who is an officer,
8-24 employee, or paid consultant of a statewide or national trade
8-25 association in the health-care industry>.
8-26 (d) A person may not serve as a member of the Board or act
8-27 as the general counsel to the Board if the person is required to
9-1 register as a lobbyist under Chapter 305, Government Code, and its
9-2 subsequent amendments, because of the person's activities for
9-3 compensation on behalf of a profession related to the operation of
9-4 the Board <who is required to register as a lobbyist under Chapter
9-5 305, Government Code, may not serve as a member of the Board or act
9-6 as the general counsel to the Board>.
9-7 (e) It is a ground for removal from the Board if a member:
9-8 (1) does not have at the time of appointment the
9-9 qualifications required by Subsection <Section> (a) or (b) of this
9-10 article for appointment to the Board;
9-11 (2) does not maintain during service on the Board the
9-12 qualifications required by Subsection (a) or (b) of this article;
9-13 (3) <(2)> violates a prohibition established by
9-14 Subsection <Section> (c) or (d) of this article; <or>
9-15 (4) cannot discharge the member's term for a
9-16 substantial part of the term for which the member is appointed
9-17 because of illness or disability; or
9-18 (5) is absent from more than half of the regularly
9-19 scheduled board meetings that the member is eligible to attend
9-20 during a calendar year unless the absence is excused by a majority
9-21 vote of the Board
9-22 <(3) fails to attend at least half of the regularly
9-23 scheduled Board meetings held in a calendar year, excluding
9-24 meetings held while the person was not a Board member>.
9-25 (f)(1) The validity of an action of the Board is not
9-26 affected by the fact that it is taken when a ground for removal of
9-27 a Board member exists.
10-1 (2) If the executive director has knowledge that a
10-2 potential ground for removal exists, the executive director shall
10-3 notify the presiding officer of the Board of the ground. The
10-4 presiding officer shall then notify the governor that a potential
10-5 ground for removal exists <If a ground for removal of a member of
10-6 the Board exists, the Board's actions during the existence of the
10-7 ground for removal are not invalid for that reason>.
10-8 (m) The Board shall file annually with the governor and the
10-9 presiding officer of each house of the legislature a complete and
10-10 detailed written report accounting for all funds received and
10-11 disbursed by the Board during the preceding fiscal year. The
10-12 annual report must be in the form and reported in the time provided
10-13 by the General Appropriations Act.
10-14 (n) The executive director or the director's designee shall
10-15 develop an intra-agency career ladder program. The program shall
10-16 require intra-agency posting of all nonentry level positions
10-17 concurrently with any public posting.
10-18 (o) The executive director or the director's designee shall
10-19 develop a system of annual performance evaluations based on
10-20 measurable job tasks. All merit pay for Board employees must be
10-21 based on the system established under this subsection.
10-22 (p) The Board shall develop and implement policies that
10-23 clearly define the respective responsibilities of the Board and the
10-24 staff of the Board.
10-25 (q) The Board shall prepare and maintain a written plan that
10-26 describes how a person who does not speak English can be provided
10-27 reasonable access to the Board's programs. The Board shall also
11-1 comply with federal and state laws for program and facility
11-2 accessibility.
11-3 (r) The Board shall develop and implement policies that
11-4 provide the public with a reasonable opportunity to appear before
11-5 the Board and to speak on any issue under the jurisdiction of the
11-6 Board.
11-7 SECTION 4. Article 4568b, Revised Statutes, is amended to
11-8 read as follows:
11-9 Art. 4568b. Sunset provision. The Texas State Board of
11-10 Podiatry Examiners is subject to Chapter 325, Government Code
11-11 (Texas Sunset Act). Unless continued in existence as provided by
11-12 that chapter, the board is abolished September 1, 2005 <1993>.
11-13 SECTION 5. Chapter 11, Title 71, Revised Statutes, is
11-14 amended by adding Article 4568c to read as follows:
11-15 Art. 4568c. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
11-16 executive director or the director's designee shall prepare and
11-17 maintain a written policy statement to assure implementation of a
11-18 program of equal employment opportunity under which all personnel
11-19 transactions are made without regard to race, color, disability,
11-20 sex, religion, age, or national origin. The policy statement must
11-21 include:
11-22 (1) personnel policies, including policies relating to
11-23 recruitment, evaluation, selection, application, training, and
11-24 promotion of personnel that are in compliance with the Commission
11-25 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes),
11-26 and its subsequent amendments;
11-27 (2) a comprehensive analysis of the board workforce
12-1 that meets federal and state guidelines;
12-2 (3) procedures by which a determination can be made of
12-3 significant underuse in the board workforce of all persons for whom
12-4 federal or state guidelines encourage a more equitable balance; and
12-5 (4) reasonable methods to appropriately address those
12-6 areas of underuse.
12-7 (b) A policy statement prepared under Subsection (a) of this
12-8 article must cover an annual period, be updated annually, be
12-9 reviewed by the Commission on Human Rights for compliance with
12-10 Subsection (a)(1) of this article, and be filed with the governor's
12-11 office.
12-12 (c) The governor's office shall deliver a biennial report to
12-13 the legislature based on the information received under Subsection
12-14 (b) of this article. The report may be made separately or as part
12-15 of other biennial reports to the legislature.
12-16 SECTION 6. Chapter 11, Title 71, Revised Statutes, is
12-17 amended by adding Article 4568d to read as follows:
12-18 Art. 4568d. TRAINING; STANDARDS OF CONDUCT; INFORMATION.
12-19 (a) Each board member shall comply with the board member training
12-20 requirements established by any other state agency that is given
12-21 authority to establish the requirements for the board.
12-22 (b) The board shall provide to its members and employees, as
12-23 often as necessary, information regarding their qualifications for
12-24 office or employment under this chapter and their responsibilities
12-25 under applicable laws relating to standards of conduct for state
12-26 officers or employees.
12-27 SECTION 7. Subsections (c), (i), and (k), Article 4569,
13-1 Revised Statutes, are amended to read as follows:
13-2 (c) The examinations shall be written and practical and in
13-3 the English language, and all applicants that possess the
13-4 qualifications required for an examination and who shall pass the
13-5 examinations prescribed with a general average of seventy-five per
13-6 cent (75%) in all subjects and not less than sixty per cent (60%)
13-7 in any one subject shall be issued a license by the Board to
13-8 practice podiatry in this State. The Board shall have the
13-9 examination validated by an independent testing professional.
13-10 (i) Not later than the 30th day after the date on which a
13-11 licensing examination is administered under this chapter, the
13-12 secretary-treasurer of the Board shall notify each examinee of the
13-13 results of the examination. However, if an examination is graded
13-14 or reviewed by a national testing service, the secretary-treasurer
13-15 of the Board shall notify examinees of the results of the
13-16 examination not later than the 14th day after the date on which the
13-17 Board receives the results from the testing service. If the notice
13-18 of examination results graded or reviewed by a national testing
13-19 service will be delayed for longer than 90 days after the
13-20 examination date, the secretary-treasurer of the Board shall notify
13-21 the examinee of the reason for the delay before the 90th day <The
13-22 secretary-treasurer of the Board shall report to each applicant the
13-23 grade made in each subject and the general average on the
13-24 examination within sixty (60) days from the date of the
13-25 examination>.
13-26 (k) If requested in writing by a person who fails the
13-27 licensing examination administered under this chapter, the Board
14-1 shall furnish the person with an analysis of the person's
14-2 performance on the examination.
14-3 SECTION 8. Section 1, Article 4571, Revised Statutes, is
14-4 amended by amending Subsections (c), (d), (e), (g), and (h) and
14-5 adding Subsection (i) to read as follows:
14-6 (c) In order to ensure the continuing competence of persons
14-7 licensed to practice podiatry, the Texas State Board of Podiatry
14-8 Examiners may adopt and administer rules requiring continuing
14-9 education<, not to exceed 25 hours per licensee per year,> as a
14-10 prerequisite to annual license renewal. If adopted by the Board,
14-11 such rules shall establish standards of accreditation for
14-12 continuing education programs or courses of study, and only those
14-13 programs or courses of study which are inspected and accredited by
14-14 the Board shall apply toward the satisfaction of such continuing
14-15 education requirements. The Board is hereby authorized to impose a
14-16 fee, not to exceed $25 per licensee per year, to cover the cost of
14-17 administration of any continuing education rules which may be
14-18 adopted pursuant to this Section.
14-19 (d) A person may renew his unexpired license by <satisfying
14-20 any continuing education requirements pursuant to Subsection (c) of
14-21 this Section and by> paying to the Board before the expiration date
14-22 of the license the required renewal fee.
14-23 (e) If a person's license has been expired for 90 days or
14-24 less, the person may renew the license by <satisfying any
14-25 continuing education requirements pursuant to Subsection (c) of
14-26 this Section and by> paying to the Board the required renewal fee
14-27 and a fee that is one-half of the examination fee for the license.
15-1 (g) If a person's license has been expired for more than 90
15-2 days but less than one year <two years>, the person may renew the
15-3 license by <satisfying any continuing education requirements
15-4 pursuant to Subsection (c) of this Section and by> paying to the
15-5 Board all unpaid renewal fees and a fee that is equal to the
15-6 examination fee for the license.
15-7 (h) If a person's license has been expired for one year or
15-8 longer <two years or more>, the person may not renew the license.
15-9 The person may obtain a new license by submitting to reexamination
15-10 and complying with the requirements and procedures for obtaining an
15-11 original license. However, the Board may renew without
15-12 reexamination an expired license of a person who was licensed in
15-13 this state, moved to another state, and is currently licensed and
15-14 has been in practice in the other state for the two years preceding
15-15 application. The person must pay to the Board a fee that is equal
15-16 to the examination fee for the license.
15-17 (i) At least 30 days before the expiration of a person's
15-18 license, the Board shall send written notice of the impending
15-19 license expiration to the person at the licensee's last known
15-20 address according to the records of the Board.
15-21 SECTION 9. Article 4571, Revised Statutes, is amended by
15-22 adding Section 7 to read as follows:
15-23 Sec. 7. The Board by rule may provide for a person who holds
15-24 a license under this chapter to be placed on inactive status.
15-25 Rules adopted under this section shall include a time limit for a
15-26 license holder to remain on inactive status.
15-27 SECTION 10. Chapter 11, Title 71, Revised Statutes, is
16-1 amended by adding Article 4571a to read as follows:
16-2 Art. 4571a. PROVISIONAL LICENSES. (a) On application, the
16-3 board shall grant a provisional license to practice podiatry. An
16-4 applicant for a provisional license under this section must:
16-5 (1) be licensed in good standing as a podiatrist in
16-6 another state, the District of Columbia, or a territory of the
16-7 United States that has licensing requirements that are
16-8 substantially equivalent to the requirements of this chapter;
16-9 (2) have passed a national or other examination
16-10 recognized by the board relating to the practice of podiatry; and
16-11 (3) be sponsored by a person licensed by the board
16-12 under this chapter with whom the provisional license holder may
16-13 practice under this article.
16-14 (b) An applicant for a provisional license may be excused
16-15 from the requirement of Subsection (a)(3) of this article if the
16-16 board determines that compliance with that subsection constitutes a
16-17 hardship to the applicant.
16-18 (c) A provisional license is valid until the date the board
16-19 approves or denies the provisional license holder's application for
16-20 a license. The board shall issue a license under this chapter to
16-21 the holder of a provisional license under this section if:
16-22 (1) the provisional license holder passes the
16-23 examination required by Article 4569, Revised Statutes, and its
16-24 subsequent amendments;
16-25 (2) the board verifies that the provisional license
16-26 holder has the academic and experience requirements for a license
16-27 under this chapter; and
17-1 (3) the provisional license holder satisfies any other
17-2 license requirements under this chapter.
17-3 (d) The board must complete the processing of a provisional
17-4 license holder's application for a license not later than the 180th
17-5 day after the date the provisional license is issued.
17-6 SECTION 11. Chapter 11, Title 71, Revised Statutes, is
17-7 amended by adding Article 4571b to read as follows:
17-8 Art. 4571b. TEMPORARY LICENSE. (a) The board by rule may
17-9 adopt a procedure for the issuance of a temporary license to an
17-10 applicant other than an applicant who applies under Article 4571a,
17-11 Revised Statutes, and its subsequent amendments.
17-12 (b) Rules adopted under this article shall establish the
17-13 criteria for issuance of a temporary license and shall establish a
17-14 maximum period during which a temporary license is valid.
17-15 SECTION 12. Subsections (a) and (b), Article 4573, Revised
17-16 Statutes, are amended to read as follows:
17-17 (a) The Board shall maintain an information file about each
17-18 complaint filed with the Board <relating to a licensee>. If a
17-19 written complaint is filed with the Board <relating to a licensee>,
17-20 the Board, at least <as frequently as> quarterly and until final
17-21 disposition of the complaint, shall notify the parties to the
17-22 complaint of the status of the complaint <until final disposition>
17-23 unless the notification would jeopardize an undercover
17-24 investigation.
17-25 (b) The Board shall revoke or suspend a license, place on
17-26 probation a person whose license has been suspended <probate a
17-27 license suspension>, or reprimand a licensee for violation of the
18-1 law regulating the practice of podiatry or a rule adopted by the
18-2 Board. If a license suspension is probated, the Board may require
18-3 the license holder to:
18-4 (1) report regularly to the Board on matters that are
18-5 the basis of the probation;
18-6 (2) limit practice to the areas prescribed by the
18-7 Board; or
18-8 (3) continue or review continuing professional
18-9 education until the license holder attains a degree of skill
18-10 satisfactory to the Board in those areas that are the basis of the
18-11 probation.
18-12 SECTION 13. Chapter 11, Title 71, Revised Statutes, is
18-13 amended by adding Article 4573c to read as follows:
18-14 Art. 4573c. COMPLAINT PROCEDURE. (a) The board's
18-15 information file under Subsection (a), Article 4573, Revised
18-16 Statutes, and its subsequent amendments, shall be kept current and
18-17 contain a record for each complaint of:
18-18 (1) all persons contacted in relation to the
18-19 complaint;
18-20 (2) a summary of findings made at each step of the
18-21 complaint process;
18-22 (3) an explanation of the legal basis and reason for a
18-23 complaint that is dismissed; and
18-24 (4) other relevant information.
18-25 (b) The board by rule shall adopt a form to standardize
18-26 information concerning complaints made to the board. The board by
18-27 rule shall prescribe information to be provided to a person when
19-1 the person files a complaint with the board.
19-2 (c) The board shall provide reasonable assistance to a
19-3 person who wishes to file a complaint with the board.
19-4 (d) The board shall adopt rules concerning the investigation
19-5 of a complaint filed with the board. The rules adopted under this
19-6 subsection shall:
19-7 (1) distinguish between categories of complaints;
19-8 (2) ensure that complaints are not dismissed without
19-9 appropriate consideration;
19-10 (3) require that the board be advised of a complaint
19-11 that is dismissed and that a letter be sent to the person who filed
19-12 the complaint explaining the action taken on the dismissed
19-13 complaint;
19-14 (4) ensure that the person who filed the complaint has
19-15 an opportunity to explain the allegations made in the complaint;
19-16 and
19-17 (5) prescribe guidelines concerning the categories of
19-18 complaints that require the use of a private investigator and the
19-19 procedures for the board to obtain the services of a private
19-20 investigator.
19-21 (e) The board shall dispose of all complaints in a timely
19-22 manner. The board shall establish a schedule for conducting each
19-23 phase of a complaint that is under the control of the board not
19-24 later than the 30th day after the date the complaint is received by
19-25 the board. The schedule shall be kept in the information file for
19-26 the complaint and all parties shall be notified of the projected
19-27 time requirements for pursuing the complaint. A change in the
20-1 schedule must be noted in the complaint information file and all
20-2 parties to the complaint must be notified not later than the
20-3 seventh day after the date the change is made.
20-4 (f) The executive director shall notify the board of a
20-5 complaint that extends beyond the time prescribed by the board for
20-6 resolving the complaint so that the board may take necessary action
20-7 on the complaint.
20-8 SECTION 14. Chapter 11, Title 71, Revised Statutes, is
20-9 amended by adding Article 4573d to read as follows:
20-10 Art. 4573d. INFORMAL PROCEEDINGS. (a) The board by rule
20-11 shall adopt procedures governing:
20-12 (1) informal disposition of a contested case under
20-13 Section 13(e), Administrative Procedure and Texas Register Act
20-14 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
20-15 subsequent amendments; and
20-16 (2) informal proceedings held in compliance with
20-17 Section 18(c), Administrative Procedure and Texas Register Act
20-18 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
20-19 subsequent amendments.
20-20 (b) Rules adopted under this article must provide the
20-21 complainant and the licensee an opportunity to be heard and must
20-22 require the presence of a representative of the office of the
20-23 attorney general to advise the board or the board's employees.
20-24 SECTION 15. Subsection (a), Article 4574, Revised Statutes,
20-25 is amended to read as follows:
20-26 (a) The board by rule shall establish reasonable and
20-27 necessary fees so that the fees, in the aggregate, produce
21-1 sufficient revenue to cover the cost of administering this chapter.
21-2 The fees set by the board may be adjusted so that the total fees
21-3 collected are sufficient to meet the expenses of administering this
21-4 chapter. The board may not set a fee for an amount less than the
21-5 amount of that fee on September 1, 1993. <for the administration of
21-6 this article in amounts not to exceed:>
21-7 <1. Examination ........................... $500>
21-8 <2. Reexamination .......................... 500>
21-9 <3. Renewal ................................ 200>
21-10 <4. Duplicate license ....................... 50>
21-11 SECTION 16. Article 4575c, Revised Statutes, is amended to
21-12 read as follows:
21-13 Art. 4575c. Consumer information. (a) The board shall
21-14 prepare information of public <consumer> interest describing the
21-15 <regulatory> functions of the board and the board's procedures by
21-16 which <consumer> complaints are filed with and resolved by the
21-17 board. The board shall make the information available to the
21-18 <general> public and appropriate state agencies.
21-19 (b) The board by rule shall establish methods by which
21-20 consumers and service recipients are notified of the name, mailing
21-21 address, and telephone number of the board for the purpose of
21-22 directing complaints to the board. The board may provide for that
21-23 notification:
21-24 (1) on each registration form, application, or written
21-25 contract for services of an individual or entity regulated by the
21-26 board;
21-27 (2) on a sign prominently displayed in the place of
22-1 business of each individual or entity regulated by the board; or
22-2 (3) in a bill for service provided by an individual or
22-3 entity regulated by the board <Each written contract for services
22-4 in this state of a licensed podiatrist shall contain the name,
22-5 mailing address, and telephone number of the board>.
22-6 (c) The board shall list along with its regular telephone
22-7 number the toll-free telephone number that may be called to present
22-8 a complaint about a health professional if the toll-free number is
22-9 established under other state law <There shall at all times be
22-10 prominently displayed in the place of business of each licensed
22-11 podiatrist a sign containing the name, mailing address, and
22-12 telephone number of the board and a statement informing consumers
22-13 that complaints against licensees may be directed to the board>.
22-14 SECTION 17. Subsection (j), Article 4569, Revised Statutes,
22-15 and Subsection (g), Article 4570, Revised Statutes, are repealed.
22-16 SECTION 18. A contested case pending before the Texas State
22-17 Board of Podiatry Examiners on the effective date of this Act is
22-18 transferred to the State Office of Administrative Hearings and
22-19 actions taken in the proceeding are treated as if taken by the
22-20 State Office of Administrative Hearings.
22-21 SECTION 19. The changes in law made by Section 3 of this Act
22-22 relating to the requirements for membership on the Texas State
22-23 Board of Podiatry Examiners apply only to an appointment made on or
22-24 after the effective date of this Act, and do not affect the
22-25 entitlement of a member serving on the board on the effective date
22-26 of this Act to continue to hold office for the remainder of the
22-27 term for which the person was appointed.
23-1 SECTION 20. This Act takes effect September 1, 1993.
23-2 SECTION 21. The importance of this legislation and the
23-3 crowded condition of the calendars in both houses create an
23-4 emergency and an imperative public necessity that the
23-5 constitutional rule requiring bills to be read on three several
23-6 days in each house be suspended, and this rule is hereby suspended.