73R10212 CAG-F
          By Counts, Berlanga                                   H.B. No. 1883
          Substitute the following for H.B. No. 1883:
          By Berlanga                                       C.S.H.B. No. 1883
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the practice of physical therapy and
    1-3  occupational therapy, including the creation of the Executive
    1-4  Council of Physical Therapy and Occupational Therapy Examiners and
    1-5  the continuation and modification of the Texas Board of Physical
    1-6  Therapy Examiners and The Texas Advisory Board of Occupational
    1-7  Therapy.
    1-8        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-9                              ARTICLE 1.
   1-10                 EXECUTIVE COUNCIL OF PHYSICAL THERAPY
   1-11                  AND OCCUPATIONAL THERAPY EXAMINERS
   1-12        SECTION 1.01.  Chapter 6D, Title 71, Revised Statutes, is
   1-13  amended by adding Article 4512e-1 to read as follows:
   1-14        Art. 4512e-1.  EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
   1-15  OCCUPATIONAL THERAPY EXAMINERS
   1-16        Sec. 1.  DEFINITIONS.  In this article:
   1-17              (1)  "Executive council" means the Executive Council of
   1-18  Physical Therapy and Occupational Therapy Examiners.
   1-19              (2)  "Occupational therapy board" means the Texas Board
   1-20  of Occupational Therapy Examiners.
   1-21              (3)  "Physical therapy board" means the Texas Board of
   1-22  Physical Therapy Examiners.
   1-23        Sec. 2.  EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
   1-24  OCCUPATIONAL THERAPY EXAMINERS.  (a)  The Executive Council of
    2-1  Physical Therapy and Occupational Therapy Examiners consists of:
    2-2              (1)  an occupational therapist member of the
    2-3  occupational therapy board;
    2-4              (2)  a public member of the occupational therapy board;
    2-5              (3)  a physical therapist member of the physical
    2-6  therapy board;
    2-7              (4)  a public member of the physical therapy board; and
    2-8              (5)  a public member appointed by the governor.
    2-9        (b)  The members of the executive council who serve also as
   2-10  members of the occupational therapy board or the physical therapy
   2-11  board are appointed to the executive council by the board on which
   2-12  they serve.  The occupational therapy board and the physical
   2-13  therapy board may also designate an alternate to attend any
   2-14  executive council meeting the appointed member cannot attend.  The
   2-15  alternate has the same powers and duties and is subject to the same
   2-16  qualifications as the appointed member.
   2-17        (c)  The member appointed by the governor is the presiding
   2-18  officer of the executive council.
   2-19        (d)  Appointments to the executive council shall be made
   2-20  without regard to the race, color, disability, sex, religion, age,
   2-21  or national origin of the appointees.
   2-22        Sec. 3.  MEETINGS; COMPENSATION; QUORUM.  (a)  The executive
   2-23  council shall hold at least two regular meetings each year.
   2-24  Additional meetings may be held on the call of the presiding
   2-25  officer or at the written request of three members of the executive
   2-26  council.
   2-27        (b)  The presiding officer of the executive council is
    3-1  entitled to a per diem as set by the General Appropriations Act for
    3-2  each day that the presiding officer engages in the business of the
    3-3  executive council.  Other members of the executive council may not
    3-4  receive compensation for service on the council.  A member may not
    3-5  receive any reimbursement for travel expenses, including expenses
    3-6  for meals and lodging, other than transportation expenses as
    3-7  provided by the General Appropriations Act.
    3-8        (c)  A quorum of the executive council exists if both
    3-9  therapist members and one public member are present.
   3-10        Sec. 4.  TERMS.  (a)  A member of the executive council is
   3-11  appointed for a two-year term, with a member's term expiring on
   3-12  February 1 of each odd-numbered year.
   3-13        (b)  A member appointed to fill a vacancy shall hold office
   3-14  for the remainder of that term.
   3-15        Sec. 5.  PUBLIC MEMBERSHIP RESTRICTION.  A person is not
   3-16  eligible for appointment by the governor as a public member of the
   3-17  executive council if the person or the person's spouse:
   3-18              (1)  is registered, certified, or licensed by an
   3-19  occupational regulatory agency in the field of health care;
   3-20              (2)  is employed by or participates in the management
   3-21  of a business entity or other organization regulated by the
   3-22  executive council, the occupational therapy board, or the physical
   3-23  therapy board or receiving funds from the executive council, the
   3-24  occupational therapy board, or the physical therapy board;
   3-25              (3)  owns or controls, directly or indirectly, more
   3-26  than 10 percent interest in a business entity or other organization
   3-27  regulated by the executive council, the occupational therapy board,
    4-1  or the physical therapy board or receiving funds from the executive
    4-2  council, the occupational therapy board, or the physical therapy
    4-3  board; or
    4-4              (4)  uses or receives a substantial amount of tangible
    4-5  goods, services, or funds from the executive council, the
    4-6  occupational therapy board, or the physical therapy board, other
    4-7  than compensation or reimbursement authorized by law for executive
    4-8  council, occupational therapy board, or physical therapy board
    4-9  membership, attendance, or expenses.
   4-10        Sec. 6.  CONFLICT OF INTEREST RESTRICTIONS.  (a)  An officer,
   4-11  employee, or paid consultant of a Texas trade association in the
   4-12  field of health care may not be a member or employee of the
   4-13  executive council who is exempt from the state's position
   4-14  classification plan or is compensated at or above the amount
   4-15  prescribed by the General Appropriations Act for step 1, salary
   4-16  group 17, of the position classification salary schedule.
   4-17        (b)  A person who is the spouse of an officer, manager, or
   4-18  paid consultant of a Texas trade association in the field of health
   4-19  care may not be a member of the executive council and may not be an
   4-20  employee of the executive council who is exempt from the state's
   4-21  position classification plan or is compensated at or above the
   4-22  amount prescribed by the General Appropriations Act for step 1,
   4-23  salary group 17, of the position classification salary schedule.
   4-24        (c)  For the purposes of this section, a Texas trade
   4-25  association is a nonprofit, cooperative, and voluntarily joined
   4-26  association of business or professional competitors in this state
   4-27  designed to assist its members and its industry or profession in
    5-1  dealing with mutual business or professional problems and in
    5-2  promoting their common interest.
    5-3        Sec. 7.  EFFECT OF LOBBYING ACTIVITY.  A person may not serve
    5-4  as a member of the executive council or act as the general counsel
    5-5  to the executive council if the person is required to register as a
    5-6  lobbyist under Chapter 305, Government Code, and its subsequent
    5-7  amendments, because of the person's activities for compensation on
    5-8  behalf of a profession related to the operation of the executive
    5-9  council, the occupational therapy board, or the physical therapy
   5-10  board.
   5-11        Sec. 8.  GROUNDS FOR REMOVAL FROM EXECUTIVE COUNCIL.  (a)  It
   5-12  is a ground for removal from the executive council if a member:
   5-13              (1)  does not have at the time of appointment the
   5-14  qualifications required by Section 2 of this article;
   5-15              (2)  does not maintain during service on the executive
   5-16  council the qualifications required by Section 2 of this article;
   5-17              (3)  violates a prohibition established by Section 6 or
   5-18  7 of this article;
   5-19              (4)  cannot discharge the member's duties for a
   5-20  substantial part of the term for which the member is appointed
   5-21  because of illness or disability; or
   5-22              (5)  is absent from more than half of the regularly
   5-23  scheduled executive council meetings that the member is eligible to
   5-24  attend during a calendar year unless the absence is excused by
   5-25  majority vote of the executive council.
   5-26        (b)  The validity of an action of the executive council is
   5-27  not affected by the fact that it is taken when a ground for removal
    6-1  of an executive council member exists.
    6-2        (c)  If the director has knowledge that a potential ground
    6-3  for removal exists, the director shall notify the presiding officer
    6-4  of the executive council of the ground.  The presiding officer
    6-5  shall then notify the authority that appointed the member that a
    6-6  potential ground for removal exists.
    6-7        Sec. 9.  STAFF.  (a)  The executive council shall employ a
    6-8  director and administrative and clerical employees as necessary to
    6-9  carry out the functions of the executive council, the occupational
   6-10  therapy board, and the physical therapy board.
   6-11        (b)  The executive council shall develop and implement
   6-12  policies that clearly define the respective responsibilities of the
   6-13  executive council and the staff of the executive council.
   6-14        (c)  The director shall employ a coordinator of occupational
   6-15  therapy programs and a coordinator of physical therapy programs to
   6-16  carry out the respective boards' functions.  The coordinators may
   6-17  request the executive council to assign additional employees to
   6-18  carry out the coordinators' duties.
   6-19        Sec. 10.  REGULATORY STATUTES ADMINISTERED.  Except as
   6-20  otherwise provided by this article, the executive council shall
   6-21  administer and enforce:
   6-22              (1)  the physical therapy law, Chapter 836, Acts of the
   6-23  62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
   6-24  Texas Civil Statutes), and its subsequent amendments; and
   6-25              (2)  the Occupational Therapy Practice Act (Article
   6-26  8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
   6-27        Sec. 11.  ADMINISTRATIVE FUNCTIONS OF EXECUTIVE COUNCIL.  (a)
    7-1  The executive council shall perform the following functions for the
    7-2  administration of each regulatory statute administered:
    7-3              (1)  data processing functions; and
    7-4              (2)  the administration of records relating to payroll,
    7-5  personnel files, vacation and other leave records, employee
    7-6  insurance and other benefits records, and employee applications.
    7-7        (b)  Administrative functions relating to the issuance and
    7-8  renewal of licenses, including administration of written
    7-9  examinations and collection of fees, are the responsibility of the
   7-10  executive council.  The executive council's responsibilities
   7-11  include the ministerial functions of preparing and delivering
   7-12  licenses, obtaining material and information in connection with the
   7-13  renewal of a license, and receiving and forwarding complaints to
   7-14  the appropriate board.  The executive council may not exercise any
   7-15  discretionary authority with respect to the original review of an
   7-16  applicant's qualifications for licensure or the subsequent review
   7-17  of the person's qualifications.  The administration of practical
   7-18  examinations and other examinations requiring skill or expertise in
   7-19  a particular area on the part of the person administering the
   7-20  examination is the responsibility of the appropriate board.  The
   7-21  selection of standardized national or generally accepted
   7-22  examinations for a profession or the design of individual
   7-23  examinations is the responsibility of the appropriate board.
   7-24        (c)  Rules concerning the qualifications, licensing,
   7-25  regulation, or practice of a profession shall be adopted by the
   7-26  appropriate board except as otherwise provided.
   7-27        (d)  The executive council shall:
    8-1              (1)  develop and prepare a budget for the executive
    8-2  council, the occupational therapy board, and the physical therapy
    8-3  board; and
    8-4              (2)  manage all physical property used by the executive
    8-5  council, the occupational therapy board, or the physical therapy
    8-6  board.
    8-7        (e)  The executive council shall set all fees for a license
    8-8  issued or service performed by a board represented on the executive
    8-9  council.
   8-10        Sec. 12.  REVIEW FUNCTIONS OF EXECUTIVE COUNCIL.  (a)  The
   8-11  executive council shall examine and evaluate the operations of the
   8-12  boards represented on the executive council.  The examination shall
   8-13  be conducted on an ongoing basis.
   8-14        (b)  The executive council may structure the examination in a
   8-15  manner that the executive council considers appropriate to produce
   8-16  an efficient and thorough review.
   8-17        Sec. 13.  REPORT AND RECOMMENDATIONS.  The executive council
   8-18  shall prepare a report of its activities and shall file the report
   8-19  with the presiding officer of each house of the legislature, the
   8-20  governor, and the Legislative Budget Board.  The executive council
   8-21  shall file the report before January 1 of each odd-numbered year.
   8-22        Sec. 14.  COOPERATION.  Each board represented on the
   8-23  executive council shall cooperate with the examination conducted by
   8-24  the executive council under this article.
   8-25        Sec. 15.  REVIEW OF RULES.  (a)  Before submitting a rule for
   8-26  publication in the Texas Register, each board represented on the
   8-27  executive council shall forward the proposed rule to the executive
    9-1  council for review.
    9-2        (b)  The executive council may review the rule and shall
    9-3  approve the rule for submission for publication unless the rule
    9-4  exceeds the rule-making authority of the board.
    9-5        (c)  If the executive council fails to approve a rule, it
    9-6  shall return the rule to the board with an explanation of the
    9-7  reasons for the denial.
    9-8        Sec. 16.  EXPENDITURES; AUDIT.  (a)  The executive council
    9-9  may authorize, from funds appropriated to it, all necessary
   9-10  disbursements to carry out:
   9-11              (1)  this article;
   9-12              (2)  the physical therapy law, Chapter 836, Acts of the
   9-13  62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
   9-14  Texas Civil Statutes), and its subsequent amendments; and
   9-15              (3)  the Occupational Therapy Practice Act  (Article
   9-16  8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
   9-17        (b)  The financial transactions of the executive council are
   9-18  subject to audit by the state auditor in accordance with Chapter
   9-19  321, Government Code, and its subsequent amendments.
   9-20        Sec. 17.  ANNUAL FINANCIAL REPORT.  The executive council
   9-21  shall file annually with the governor and the presiding officer of
   9-22  each house of the legislature a complete and detailed written
   9-23  report accounting for all funds received and disbursed by the
   9-24  executive council during the preceding fiscal year.  The annual
   9-25  report must be in the form and reported in the time provided by the
   9-26  General Appropriations Act.
   9-27        Sec. 18.  PERSONNEL POLICIES.  (a)  The director or the
   10-1  director's designee shall develop an intraagency career ladder
   10-2  program.  The program shall require intraagency posting of all
   10-3  non-entry-level positions concurrently with any public posting.
   10-4        (b)  The director or the director's designee shall develop a
   10-5  system of annual performance evaluations based on measurable job
   10-6  tasks.  All merit pay for executive council employees must be based
   10-7  on the system established under this subsection.
   10-8        Sec. 19.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The
   10-9  director or the director's designee shall prepare and maintain a
  10-10  written policy statement to ensure implementation of a program of
  10-11  equal employment opportunity under which all personnel transactions
  10-12  are made without regard to race, color, disability, sex, religion,
  10-13  age, or national origin.  The policy statement must include:
  10-14              (1)  personnel policies, including policies relating to
  10-15  recruitment, evaluation, selection, application, training, and
  10-16  promotion of personnel that are in compliance with the Commission
  10-17  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
  10-18  and its subsequent amendments;
  10-19              (2)  a comprehensive analysis of the executive council
  10-20  work force that meets federal and state guidelines;
  10-21              (3)  procedures by which a determination can be made of
  10-22  significant underutilization in the executive council work force of
  10-23  all persons for whom federal or state guidelines encourage a more
  10-24  equitable balance; and
  10-25              (4)  reasonable methods to appropriately address those
  10-26  areas of underutilization.
  10-27        (b)  A policy statement prepared under Subsection (a) of this
   11-1  section must cover an annual period, be updated annually, be
   11-2  reviewed by the Commission on Human Rights for compliance with
   11-3  Subsection (a)(1) of this section, and be filed with the governor's
   11-4  office.
   11-5        (c)  The governor's office shall deliver a biennial report to
   11-6  the legislature based on the information received under Subsection
   11-7  (b)  of this section.  The report may be made separately or as part
   11-8  of other biennial reports to the legislature.
   11-9        Sec. 20.  PUBLIC INTEREST INFORMATION.  (a)  The executive
  11-10  council shall prepare information of public interest describing the
  11-11  functions of the executive council and the procedures by which
  11-12  complaints are filed with and resolved by the executive council,
  11-13  the occupational therapy board, or the physical therapy board.  The
  11-14  executive council shall make the information available to the
  11-15  public and appropriate state agencies.
  11-16        (b)  The executive council by rule shall establish methods by
  11-17  which consumers and service recipients are notified of the name,
  11-18  mailing address, and telephone number of the executive council for
  11-19  the purpose of directing complaints to the executive council.  The
  11-20  executive council may provide for that notification:
  11-21              (1)  on each registration form, application, or written
  11-22  contract for services of an individual or entity regulated by the
  11-23  executive council, the occupational therapy board, or the physical
  11-24  therapy board;
  11-25              (2)  on a sign prominently displayed in the place of
  11-26  business of each individual or entity regulated by the executive
  11-27  council, the occupational therapy board, or the physical therapy
   12-1  board; or
   12-2              (3)  in a bill for service provided by an individual or
   12-3  entity regulated by the executive council, the occupational therapy
   12-4  board, or the physical therapy board.
   12-5        (c)  The executive council shall list along with its regular
   12-6  telephone number the toll-free telephone number that may be called
   12-7  to present a complaint about a health professional if the toll-free
   12-8  number is established under other state law.
   12-9        Sec. 21.  PUBLIC PARTICIPATION IN EXECUTIVE COUNCIL HEARINGS.
  12-10  The executive council shall develop and implement policies that
  12-11  provide the public with a reasonable opportunity to appear before
  12-12  the executive council and to speak on any issue under the
  12-13  jurisdiction of the executive council.
  12-14        Sec. 22.  PROGRAM ACCESSIBILITY.  The executive council shall
  12-15  prepare and maintain a written plan that describes how a person who
  12-16  does not speak English can be provided reasonable access to the
  12-17  executive council's programs.  The executive council shall also
  12-18  comply with federal and state laws for program and facility
  12-19  accessibility.
  12-20        Sec. 23.  TRAINING; STANDARDS OF CONDUCT INFORMATION.  Each
  12-21  executive council member shall comply with the executive council
  12-22  member training requirements established by any other state agency
  12-23  that is given authority to establish the requirements for the
  12-24  executive council.
  12-25        Sec. 24.  OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE.  The
  12-26  executive council is subject to:
  12-27              (1)  the open meetings law, Chapter 271, Acts of the
   13-1  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   13-2  Texas Civil Statutes), and its subsequent amendments; and
   13-3              (2)  the Administrative Procedure and Texas Register
   13-4  Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   13-5  subsequent amendments.
   13-6        Sec. 25.  SUNSET PROVISION.  The Executive Council of
   13-7  Physical Therapy and Occupational Therapy Examiners is subject to
   13-8  Chapter 325, Government Code (Texas Sunset Act), and its subsequent
   13-9  amendments.  Unless continued in existence as provided by that
  13-10  chapter, the executive council is abolished and the following laws
  13-11  expire September 1, 2005:
  13-12              (1)  this article;
  13-13              (2)  the physical therapy law, Chapter 836, Acts of the
  13-14  62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
  13-15  Texas Civil Statutes), and its subsequent amendments; and
  13-16              (3)  the Occupational Therapy Practice Act (Article
  13-17  8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
  13-18             ARTICLE 2.  THE PRACTICE OF PHYSICAL THERAPY
  13-19        SECTION 2.01.  Section 1, Chapter 836, Acts of the 62nd
  13-20  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  13-21  Civil Statutes), is amended to read as follows:
  13-22        Sec. 1.  Definitions.  In this Act:
  13-23              (1)  "Physical therapy" means a form of health care
  13-24  that prevents, identifies, corrects, and alleviates acute or
  13-25  prolonged movement dysfunction or pain of anatomic or physiologic
  13-26  origin.  Physical therapy includes the testing and measurement of
  13-27  the function of the musculoskeletal, neurological, pulmonary, and
   14-1  cardiovascular systems and rehabilitative treatment concerned with
   14-2  the restoration of function and prevention of disability caused by
   14-3  illness, injury, or birth defect.  Physical therapy includes
   14-4  treatment, consultative, educational, and advisory services for the
   14-5  purpose of reducing the incidence and severity of disability and
   14-6  pain to enable, train, or retrain an individual to perform the
   14-7  independent skills and activities of daily living <the examination,
   14-8  treatment, or instruction of human beings to detect, assess,
   14-9  prevent, correct, and alleviate physical disability and pain from
  14-10  injury, disease, disorders, or physical deformities and includes
  14-11  the administration and evaluation of tests and measurements of
  14-12  bodily functions and structures in aid of diagnosis or treatment;
  14-13  the planning, administration, evaluation, and modification of
  14-14  treatment and instruction, including the use of physical measures,
  14-15  activities, and devices for preventive and therapeutic purposes on
  14-16  the basis of approved test findings and the provision of
  14-17  consultative, educational, and advisory services for the purpose of
  14-18  reducing the incidence and severity of physical disability and
  14-19  pain>.  Physical therapy also includes <shall also include> the
  14-20  delegation of selective forms of treatment to supportive personnel
  14-21  with retention by a physical therapist <assumption> of the
  14-22  responsibilities for the care of the patient and continuing
  14-23  direction and supervision of the supportive personnel.  The use of
  14-24  roentgen rays and radium for diagnostic and therapeutic purposes,
  14-25  and the use of electricity for surgical purposes, including
  14-26  cauterization, are not authorized under the term "physical therapy"
  14-27  as used herein, and a license issued hereunder shall not authorize
   15-1  the diagnosis of diseases or the practice of medicine as defined by
   15-2  law.
   15-3              (2)  "Physical therapist" <or "physiotherapist"> means
   15-4  a person who practices physical therapy and is licensed by the
   15-5  Texas Board of Physical Therapy Examiners.  "Hydrotherapist,"
   15-6  "physiotherapist," <"massage therapist,"> "mechano-therapist,"
   15-7  "functional therapist," "physical therapy practitioner," "physical
   15-8  therapist specialist," "physical therapy specialist,"
   15-9  "physiotherapy practitioner," <"physical therapy technician,">
  15-10  "kinesiotherapist," "physical rehabilitation specialist," and
  15-11  "myofunctional therapist" are equivalent terms; any derivation of
  15-12  the above terms or any reference to any one of them in this Act
  15-13  includes the others.
  15-14              (3)  "Physical therapist assistant" means a person
  15-15  licensed by the Texas Board of Physical Therapy Examiners who
  15-16  assists and is supervised by <works under the supervision of> a
  15-17  licensed physical therapist <and assists a physical therapist> in
  15-18  the practice of physical therapy and whose activities require an
  15-19  understanding of physical therapy <but do not require a
  15-20  professional education equivalent for licensing as a physical
  15-21  therapist>.
  15-22              (4)  "Physical therapy aide" or "physical therapy
  15-23  technician" means a person who aids in the practice of physical
  15-24  therapy under the on-site supervision of a physical therapist or a
  15-25  physical therapist assistant and whose activities require
  15-26  on-the-job training <and on-site supervision by the physical
  15-27  therapist or a physical therapist assistant>.
   16-1              (5)  "Board" means the Texas Board of Physical Therapy
   16-2  Examiners.
   16-3              (6)  "Discipline" means the revocation or suspension of
   16-4  a license, the placing on probation of a licensee, <whose license
   16-5  has been suspended, or> the reprimand of a licensee, the levying of
   16-6  fines, or other actions imposed on the licensee or other person for
   16-7  a violation of <in accordance with> this Act and rules adopted by
   16-8  the board.
   16-9              (7)  "Practice of physical therapy" means:
  16-10                    (A)  performing, offering to perform, or
  16-11  attempting to perform health care that prevents, identifies,
  16-12  corrects, and alleviates acute or prolonged movement dysfunction or
  16-13  pain of anatomic or physiologic origin, the proper application of
  16-14  which requires education, training, and experience in physical
  16-15  therapy; or
  16-16                    (B)  publicly professing to be or holding oneself
  16-17  out to be a physical therapist or as providing physical therapy.
  16-18              (8)  "Physical therapy facility" is a physical site,
  16-19  such as a building, office, or portable facility, where the
  16-20  practice of physical therapy takes place.  A physical therapy
  16-21  facility must be under the direction of a physical therapist
  16-22  licensed by the board and meet any additional requirements as may
  16-23  be established by the board.
  16-24              (9)  "Accredited program" means a physical therapy
  16-25  educational program that is currently accredited by the Commission
  16-26  on Accreditation in Physical Therapy Education and is associated
  16-27  with an institution of higher education.
   17-1              (10)  "Person" means an individual, a partnership, an
   17-2  association of individuals, or a corporation.
   17-3        SECTION 2.02.  Section 2, Chapter 836, Acts of the 62nd
   17-4  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
   17-5  Civil Statutes), is amended to read as follows:
   17-6        Sec. 2.  Creation of Board.  (a)  There is created a Texas
   17-7  Board of Physical Therapy Examiners.  The board's purpose is to
   17-8  regulate the practice of physical therapy in this state to
   17-9  safeguard the health and welfare of the public.  The board shall
  17-10  consist of nine members appointed by the governor with the advice
  17-11  and consent of the senate for staggered terms of six years<, with
  17-12  three members' terms expiring on January 31 of each odd-numbered
  17-13  year>.  Six members must be licensed physical therapists and three
  17-14  members must be members of the general public.  Two of the physical
  17-15  therapist members' terms and one of the public members' terms end
  17-16  on January 31 of each odd-numbered year.  <A person is not eligible
  17-17  for appointment as a public member if the person or the person's
  17-18  spouse:>
  17-19              <(1)  is licensed by an occupational regulatory agency
  17-20  in the field of health care;>
  17-21              <(2)  is employed by or participates in the management
  17-22  of a business entity or other organization that provides
  17-23  health-care services or that sells, manufacturers, or distributes
  17-24  health-care supplies or equipment; or>
  17-25              <(3)  owns, controls, or has, directly or indirectly,
  17-26  any interest in a business entity or other organization that
  17-27  provides health-care services or that sells, manufactures, or
   18-1  distributes health-care supplies or equipment.>
   18-2        (b)  A vacancy on the board shall be filled by appointment by
   18-3  the governor with the advice and consent of the senate for the
   18-4  remainder of the term.
   18-5        (c)  Appointments to the board shall be made without regard
   18-6  to the race, creed, sex, religion, disability, age, or national
   18-7  origin of the appointees.
   18-8        (d)  <The board may appoint an executive director at an
   18-9  annual salary as determined by legislative appropriation.>
  18-10        <(e)  The executive director shall administer this Act and
  18-11  carry out the instructions of the board, including the employment
  18-12  of investigators and other staff as required to implement the
  18-13  purpose of this Act.  The executive director or his designee shall
  18-14  develop an intraagency career ladder program, one part of which
  18-15  shall be the intraagency posting of all nonentry level positions
  18-16  for at least 10 days before any public posting.  The executive
  18-17  director or his designee shall develop a system of annual
  18-18  performance evaluations based on measurable job tasks.  All merit
  18-19  pay authorized by the executive director must be based on the
  18-20  system established under this subsection.>
  18-21        <(f)>  A member of the board is not liable to civil action
  18-22  for any act performed in good faith in the execution of the
  18-23  member's <his> duties in this capacity.
  18-24        <(g)  The Texas Board of Physical Therapy Examiners is
  18-25  subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
  18-26  continued in existence as provided by that chapter, the board is
  18-27  abolished September 1, 1993.>
   19-1        <(h)  A member or employee of the board may not be an
   19-2  officer, employee, or paid consultant of a trade association in the
   19-3  health-care industry.  A member or employee of the board may not be
   19-4  related within the second degree by affinity or consanguinity, as
   19-5  determined under Article 5996h, Revised Statutes, to a person who
   19-6  is an officer, employee, or paid consultant of a trade association
   19-7  in the regulated industry.  A person who is required to register as
   19-8  a lobbyist under Chapter 305, Government Code, may not serve as a
   19-9  member of the board or act as the general counsel to the board.>
  19-10        <(i)  It is a ground for removal from the board if a member:>
  19-11              <(1)  does not have at the time of appointment the
  19-12  qualifications required by this section for appointment to the
  19-13  board;>
  19-14              <(2)  does not maintain during the service on the board
  19-15  the qualifications required by this section for appointment to the
  19-16  board;>
  19-17              <(3)  violates a prohibition prescribed by Subsection
  19-18  (h) of this section; or>
  19-19              <(4)  fails to attend at least half of the regularly
  19-20  scheduled board meetings held in a calendar year, excluding
  19-21  meetings held while the person was not a board member.>
  19-22        <(j)  The validity of an action of the board is not affected
  19-23  by the fact that it was taken when a ground for removal of a member
  19-24  of the board existed.>
  19-25        SECTION 2.03.  Section 3, Chapter 836, Acts of the 62nd
  19-26  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  19-27  Civil Statutes), is amended to read as follows:
   20-1        Sec. 3.  Examinations <Powers and Duties of Board>.  (a)  The
   20-2  board shall examine applicants for licenses at least once each year
   20-3  at such reasonable places and times as shall be designated by the
   20-4  board in its discretion.
   20-5        (b)  <The board may employ additional employees to aid in
   20-6  administering examinations.>
   20-7        <(c)>  The examination shall cover those subjects generally
   20-8  taught by accredited programs and may include the content areas of
   20-9  clinical decision-making and evaluation, treatment program planning
  20-10  and implementation, administration, education, consultation, and
  20-11  research in physical therapy <embrace the following subjects:
  20-12  anatomy; pathology; physiology; psychology; physics;
  20-13  electrotherapy; radiation therapy; hydrotherapy; massage therapy;
  20-14  exercises; physical therapy as applied to medicine; neurology;
  20-15  orthopedics; psychiatry; and procedures in the practice of physical
  20-16  therapy>.
  20-17        (c)  Not later than the 30th day <(d)  The board shall revoke
  20-18  or suspend a license, place on probation a licensee whose license
  20-19  has been suspended, or reprimand a licensee for a violation of this
  20-20  Act or a rule adopted by the board.>
  20-21        <(e)  The board may adopt rules consistent with this Act to
  20-22  carry out its duties in administering this Act.>
  20-23        <(f)  Within 30 days> after the date a licensing examination
  20-24  is administered under this Act, the board shall notify each
  20-25  examinee of the results of the examination.  However, if an
  20-26  examination is graded or reviewed by a national testing service,
  20-27  the board shall notify each examinee of the results of the
   21-1  examination not later than the 14th day <within two weeks> after
   21-2  the date the board receives the results from the testing service.
   21-3  If the notice of the examination results graded or reviewed by a
   21-4  national testing service will be delayed for more than 90 days
   21-5  after the examination date, the board shall notify each examinee of
   21-6  the reason for the delay before the 90th day.
   21-7        (d)  The board by rule may establish procedures for the
   21-8  administration of the examination, including the conditions under
   21-9  which and the number of times an applicant may retake an
  21-10  examination.
  21-11        (e)  The board shall have the written portion of the
  21-12  examination, if any, validated by an independent testing entity.
  21-13        (f)  If requested in writing by a person who fails a
  21-14  licensing examination administered under this Act, the board shall
  21-15  furnish the person with an analysis of the person's performance on
  21-16  the examination.
  21-17        <(g)  The board shall maintain an information file about each
  21-18  complaint filed with the board relating to a licensee.  If a
  21-19  written complaint is filed with the board relating to a licensee,
  21-20  the board, at least as frequently as quarterly and until final
  21-21  disposition of the complaint, shall notify the parties to the
  21-22  complaint of the status of the complaint unless the notice would
  21-23  jeopardize an undercover investigation.>
  21-24        <(h)  The board shall prepare information of consumer
  21-25  interest describing the regulatory functions of the board and the
  21-26  board's procedures by which consumer complaints are filed with and
  21-27  resolved by the board.  The board shall also prepare information
   22-1  relating to and reporting any previous disciplinary action by the
   22-2  board against a physical therapist licensed in this state, the date
   22-3  of the action, and the current status of the action.  The board
   22-4  shall make the information available to the general public and
   22-5  appropriate state agencies.   The board shall establish a toll-free
   22-6  telephone number to make the information immediately available to
   22-7  any caller during regular business hours.>
   22-8        <(i)  Each written contract for services in this state of a
   22-9  licensed physical therapist shall contain the name, mailing
  22-10  address, and telephone number of the board.>
  22-11        <(j)  The board is subject to the open meetings law, Chapter
  22-12  271, Acts of the 60th Legislature, Regular Session, 1967, as
  22-13  amended (Article 6252-17, Vernon's Texas Civil Statutes), and the
  22-14  Administrative Procedure and Texas Register Act, as amended
  22-15  (Article 6252-13a, Vernon's Texas Civil Statutes).>
  22-16        <(k)  The board may recognize, prepare, or implement
  22-17  continuing education programs for licensees.  Participation in the
  22-18  programs is mandatory.  The board shall adopt rules relating to its
  22-19  continuing education requirements, including rules relating to the
  22-20  approval of continuing education courses and prescribing the number
  22-21  of continuing education hours each licensee must complete to retain
  22-22  eligibility for renewal of the license.>
  22-23        <(l)  If the appropriate standing committees of both houses
  22-24  of the legislature acting under Subsection (g), Section 5,
  22-25  Administrative Procedure and Texas Register Act, as amended
  22-26  (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
  22-27  board statements opposing adoption of a rule under that section,
   23-1  the rule may not take effect, or if the rule has already taken
   23-2  effect, the rule is repealed effective on the date the board
   23-3  receives the committee's statements.>
   23-4        SECTION 2.04.  Chapter 836, Acts of the 62nd Legislature,
   23-5  Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
   23-6  Statutes), is amended by adding Sections 2A through 2M to read as
   23-7  follows:
   23-8        Sec. 2A.  COMPENSATION.  A member of the board is entitled to
   23-9  a per diem as set by the General Appropriations Act for each day
  23-10  that the member engages in the business of the board.  A member may
  23-11  not receive any reimbursement for travel expenses, including
  23-12  expenses for meals and lodging, other than transportation expenses
  23-13  as provided by the General Appropriations Act.
  23-14        Sec. 2B.  PUBLIC MEMBERSHIP RESTRICTION.  A person is not
  23-15  eligible for appointment as a public member of the board if the
  23-16  person or the person's spouse:
  23-17              (1)  is registered, certified, or licensed by an
  23-18  occupational regulatory agency in the field of health care;
  23-19              (2)  is employed by or participates in the management
  23-20  of a business entity or other organization regulated by the
  23-21  executive council or the board or receiving funds from the
  23-22  executive council or the board;
  23-23              (3)  owns or controls, directly or indirectly, more
  23-24  than a 10 percent interest in a business entity or other
  23-25  organization regulated by the executive council or the board or
  23-26  receiving funds from the executive council or the board; or
  23-27              (4)  uses or receives a substantial amount of tangible
   24-1  goods, services, or funds from the executive council or the board,
   24-2  other than compensation or reimbursement authorized by law for
   24-3  executive council or board membership, attendance, or expenses.
   24-4        Sec. 2C.  CONFLICT OF INTEREST RESTRICTIONS.  (a)  An
   24-5  officer, employee, or paid consultant of a Texas trade association
   24-6  in the field of health care may not be a board member.
   24-7        (b)  A person who is the spouse of an officer, manager, or
   24-8  paid consultant of a Texas trade association in the field of health
   24-9  care may not be a board member.
  24-10        (c)  For the purposes of this section, a Texas trade
  24-11  association is a nonprofit, cooperative, and voluntarily joined
  24-12  association of business or professional competitors in this state
  24-13  designed to assist its members and its industry or profession in
  24-14  dealing with mutual business or professional problems and in
  24-15  promoting their common interest.
  24-16        Sec. 2D.  EFFECT OF LOBBYING ACTIVITY.  A person may not
  24-17  serve as a board member if the person is required to register as a
  24-18  lobbyist under Chapter 305, Government Code, and its subsequent
  24-19  amendments, because of the person's activities for compensation on
  24-20  behalf of a profession related to the operation of the board.
  24-21        Sec. 2E.  GROUNDS FOR REMOVAL FROM BOARD.  (a)  It is a
  24-22  ground for removal from the board if a member:
  24-23              (1)  does not have at the time of appointment the
  24-24  qualifications required by Section 2(a) of this Act;
  24-25              (2)  does not maintain during service on the board the
  24-26  qualifications required by Section 2(a) of this Act;
  24-27              (3)  violates a prohibition established by Section 2C
   25-1  or 2D of this Act;
   25-2              (4)  cannot discharge the member's duties for a
   25-3  substantial part of the term for which the member is appointed
   25-4  because of illness or disability; or
   25-5              (5)  is absent from more than half of the regularly
   25-6  scheduled board meetings that the member is eligible to attend
   25-7  during a calendar year unless the absence is excused by majority
   25-8  vote of the board.
   25-9        (b)  The validity of an action of the board is not affected
  25-10  by the fact that it is taken when a ground for removal of a board
  25-11  member exists.
  25-12        (c)  If the coordinator of physical therapy programs has
  25-13  knowledge that a potential ground for removal exists, the
  25-14  coordinator shall notify the presiding officer of the board of the
  25-15  ground.  The presiding officer shall then notify the governor that
  25-16  a potential ground for removal exists.
  25-17        Sec. 2F.  STAFF.  (a)  The board may request the executive
  25-18  council to assign administrative and clerical employees as
  25-19  necessary to carry out the board's functions.
  25-20        (b)  The board shall develop and implement policies that
  25-21  clearly define the respective responsibilities of the board and the
  25-22  staff of the executive council.
  25-23        Sec. 2G.  REGULATORY STATUTES ADMINISTERED.  Except as
  25-24  provided by other statutes, the board shall administer and enforce
  25-25  this Act.
  25-26        Sec. 2H.  PUBLIC INTEREST INFORMATION.  The board shall
  25-27  prepare information of public interest describing the functions of
   26-1  the board and the board's procedures by which complaints are filed
   26-2  with and resolved by the board.  The board shall make the
   26-3  information available to the public and appropriate state agencies.
   26-4        Sec. 2I.  PUBLIC PARTICIPATION IN BOARD HEARINGS.  The board
   26-5  shall develop and implement policies that provide the public with a
   26-6  reasonable opportunity to appear before the board and to speak on
   26-7  any issue under the jurisdiction of the board.
   26-8        Sec. 2J.  PROGRAM ACCESSIBILITY.  The board shall prepare and
   26-9  maintain a written plan that describes how a person who does not
  26-10  speak English can be provided reasonable access to the board's
  26-11  programs.  The board shall also comply with federal and state laws
  26-12  for program and facility accessibility.
  26-13        Sec. 2K.  TRAINING; STANDARDS OF CONDUCT INFORMATION.  (a)
  26-14  Each board member shall comply with the board member training
  26-15  requirements established by any other state agency that is given
  26-16  authority to establish the requirements for the board.
  26-17        (b)  The board shall provide to its members, as often as
  26-18  necessary, information regarding their qualifications for office
  26-19  under this Act and their responsibilities under applicable laws
  26-20  relating to standards of conduct for state officers.
  26-21        Sec. 2L.  OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE.  The
  26-22  board is subject to:
  26-23              (1)  the open meetings law, Chapter 271, Acts of the
  26-24  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
  26-25  Texas Civil Statutes), and its subsequent amendments; and
  26-26              (2)  the Administrative Procedure and Texas Register
  26-27  Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   27-1  subsequent amendments.
   27-2        Sec. 2M.  SUNSET PROVISION.  The Texas Board of Physical
   27-3  Therapy Examiners is subject to Chapter 325, Government Code (Texas
   27-4  Sunset Act), and its subsequent amendments.  Unless continued in
   27-5  existence as provided by that chapter, the board is abolished and
   27-6  this Act expires September 1, 2005.
   27-7        SECTION 2.05.  Subsections (a) and (b), Section 4, Chapter
   27-8  836, Acts of the 62nd Legislature, Regular Session, 1971 (Article
   27-9  4512e, Vernon's Texas Civil Statutes), are amended to read as
  27-10  follows:
  27-11        (a)  The members of the board shall, on appointment, elect
  27-12  from their number a presiding officer <chairman>, secretary, and
  27-13  other officers required for the conduct of business.  Special
  27-14  meetings of the board shall be called by the presiding officer
  27-15  <chairman> and secretary, acting jointly, or on the written request
  27-16  of any two members.  The board may adopt bylaws and rules necessary
  27-17  to govern its proceedings and to implement the purposes of this
  27-18  Act.
  27-19        (b)  The secretary shall keep a record of each meeting of the
  27-20  board and maintain a register containing the names of all physical
  27-21  therapists licensed under this Act, which shall be at all times
  27-22  open to public inspection.  On March 1 of each year, the
  27-23  coordinator of physical therapy programs <executive director> shall
  27-24  transmit an official copy of the list of the licensees to the
  27-25  executive council and the secretary of state for permanent record,
  27-26  a certified copy of which shall be admissible as evidence in any
  27-27  court of this state.
   28-1        SECTION 2.06.  Section 6, Chapter 836, Acts of the 62nd
   28-2  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
   28-3  Civil Statutes), is amended to read as follows:
   28-4        Sec. 6.  Exemptions.  (a)  This Act does not restrict <apply
   28-5  to:>
   28-6              <(1)>  a licensee of another state agency from
   28-7  performing health-care services within the scope of the applicable
   28-8  licensing act if:
   28-9              (1)  the licensee does not represent to others that the
  28-10  licensee is a physical therapist and does not use the term
  28-11  "physical therapy," "physical therapist," "physiotherapy,"
  28-12  "physiotherapist," "licensed physical therapist," "registered
  28-13  physical therapist," or assistant thereto, or the letters "PT,"
  28-14  "PhT," "LPT," or "RPT" or any derivative of those terms in
  28-15  connection with the licensee's name or practice; and
  28-16              (2)  the licensee practices strictly in conformity with
  28-17  applicable laws and regulations relating to the licensure and
  28-18  observes all prohibitions of Section 7 of this Act.<, an
  28-19  occupational therapist who confines his practice to occupational
  28-20  therapy, a certified corrective therapist who confines his practice
  28-21  to corrective therapy, and a speech pathologist or an audiologist
  28-22  who confines his practice to the treatment of communication
  28-23  disorders;>
  28-24        (b)  This Act does not apply to:
  28-25              (1) <(2)>  a physical therapy aide;
  28-26              (2) <(3)>  a physical therapy student or physical
  28-27  therapist <therapy> assistant student participating in an
   29-1  accredited physical therapy or physical therapist assistant
   29-2  educational program if the student is <curriculum and> under the
   29-3  supervision of a licensee under this Act; or a student
   29-4  participating in <of> an accredited allied health science program
   29-5  leading to licensure by another state agency if the student is
   29-6  <curriculum> under the supervision of properly licensed, certified,
   29-7  or registered personnel;
   29-8              (3) <(4)>  a physical therapist doing special projects
   29-9  in patient care while working toward an advanced degree from an
  29-10  accredited college or university; or
  29-11              (4) <(5)>  a physical therapist who does not live in
  29-12  this state and is licensed by the appropriate authorities who comes
  29-13  into this state to attend educational activities.  The duration of
  29-14  this exemption shall be no more than six months.
  29-15        SECTION 2.07.  Section 7, Chapter 836, Acts of the 62nd
  29-16  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  29-17  Civil Statutes), is amended to read as follows:
  29-18        Sec. 7.  Prohibited Acts.  (a)  A person may not practice
  29-19  physical therapy, offer to practice physical therapy, or in any way
  29-20  hold the person out as being able to practice physical therapy,
  29-21  including practice as a physical therapist or physical therapist
  29-22  assistant, unless the individual holds a valid license issued by
  29-23  the board <A person may not practice or represent himself as able
  29-24  to practice physical therapy, or act or represent himself as being
  29-25  a physical therapist unless he is licensed> under this Act.
  29-26        (b)  <A person may not act or represent himself as being a
  29-27  physical therapist assistant unless he is licensed under this Act.>
   30-1        <(c)>  It is unlawful for any person or for any business, its
   30-2  employees, or other agents or representatives to use in connection
   30-3  with its name or business activity the words "physical therapy,"
   30-4  "physical therapist," "physiotherapy," "physiotherapist," "licensed
   30-5  physical therapist," "registered physical therapist," or "physical
   30-6  therapist assistant," <assistant thereto,> or the letters "PT,"
   30-7  "PhT," "LPT," "RPT," or "PTA" <or "RPT"> or any other words,
   30-8  letters, abbreviations, or insignia indicating or implying orally
   30-9  or in writing, in print or by sign, or in any other way, directly
  30-10  or by implication, that physical therapy is provided or supplied,
  30-11  or to extend or provide physical therapy services unless the
  30-12  services are provided by a physical therapist licensed under this
  30-13  Act.
  30-14        (c)  It is a violation of this Act to advertise the ability
  30-15  to provide physical therapy unless the individual providing the
  30-16  physical therapy is licensed under this Act.
  30-17        (d)  It is a violation of this Act for an individual licensed
  30-18  by the board to violate the provisions of Section 161.091, Health
  30-19  and Safety Code.
  30-20        (e)  A violation of any provision of this section will
  30-21  subject the violator to the penalties of Section 18 of this Act.
  30-22        SECTION 2.08.  Section 8, Chapter 836, Acts of the 62nd
  30-23  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  30-24  Civil Statutes), is amended by amending Subsection (a) and adding
  30-25  Subsection (c) to read as follows:
  30-26        (a)  An applicant for a license as a physical therapist must
  30-27  file a written application, on a form provided by the board,
   31-1  accompanied by an examination fee prescribed by the board, which is
   31-2  refundable if the applicant does not take the examination, and an
   31-3  application fee prescribed by the board, which is not refundable.
   31-4  The applicant must present evidence satisfactory to the board that
   31-5  the applicant <he> has completed an accredited program or
   31-6  equivalent program <curriculum> in physical therapy education.
   31-7  "Equivalent program" means that the applicant shall provide
   31-8  official documentation from a board approved educational
   31-9  credentials review agency, certifying completion of a program
  31-10  equivalent to a Commission on Accreditation of Physical Therapy
  31-11  Education accredited program and completion of <that has provided
  31-12  adequate instruction in the basic sciences, clinical sciences, and
  31-13  physical therapy theory and procedures as determined by the board
  31-14  and has completed> a minimum of 60 academic semester credits or the
  31-15  equivalent from an accredited institution of higher learning <a
  31-16  recognized college in which semester hour credits are acceptable
  31-17  for transfer to The University of Texas, including courses in
  31-18  biological, social, and physical science>.
  31-19        (c)  The applicant must meet all other requirements and
  31-20  qualifications set forth by the board.
  31-21        SECTION 2.09.  Section 9, Chapter 836, Acts of the 62nd
  31-22  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  31-23  Civil Statutes), is amended by amending Subsection (a) and adding
  31-24  Subsections (c) and (d) to read as follows:
  31-25        (a)  An applicant for a physical therapist assistant license
  31-26  must file a written application with the board, on a form provided
  31-27  by the board, accompanied by an examination fee prescribed by the
   32-1  board, which is refundable if the applicant does not take the
   32-2  examination, and an application fee prescribed by the board, which
   32-3  is not refundable.  The applicant must present evidence
   32-4  satisfactory to the board that the applicant <he> has completed an
   32-5  accredited physical therapist assistant program or an accredited
   32-6  physical therapy program, including courses in the anatomical,
   32-7  biological, and physical sciences, and clinical procedures as
   32-8  prescribed and approved by the board.
   32-9        (c)  The applicant must meet all other requirements and
  32-10  qualifications established by the board.
  32-11        (d)  The board may grant licensure as a physical therapist
  32-12  assistant to an individual who has not completed an accredited
  32-13  program for physical therapist assistants if the individual meets
  32-14  all requirements of Section 8 of this Act and has had no
  32-15  disciplinary action in any other state or nation.
  32-16        SECTION 2.10.  Section 10, Chapter 836, Acts of the 62nd
  32-17  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  32-18  Civil Statutes), is amended to read as follows:
  32-19        Sec. 10.  PROVISIONAL LICENSE <BY ENDORSEMENT>.  (a)  The
  32-20  board may grant a provisional license to an applicant who presents
  32-21  proof of current licensure in another state, including the District
  32-22  of Columbia, or territory of the United States that maintains
  32-23  professional standards considered by the board to be equivalent to
  32-24  those set forth in this Act.  An applicant for a provisional
  32-25  license under this section must:
  32-26              (1)  be licensed in good standing as a physical
  32-27  therapist or physical therapist assistant in another state, the
   33-1  District of Columbia, or a territory of the United States that has
   33-2  licensing requirements that are substantially equivalent to the
   33-3  requirements of this Act;
   33-4              (2)  have passed a national or other examination
   33-5  recognized by the board relating to the practice of physical
   33-6  therapy; and
   33-7              (3)  be sponsored by a person licensed by the board
   33-8  under this Act with whom the provisional licensee may practice
   33-9  under this section.
  33-10        (b)  An applicant for a provisional license may be excused
  33-11  from the requirement of Subsection (a)(3) of this section if the
  33-12  board determines that compliance with that subsection constitutes a
  33-13  hardship to the applicant.
  33-14        (c)  A provisional license is valid until the date the board
  33-15  approves or denies the provisional licensee's application for a
  33-16  license.  The board shall issue a license under this Act to the
  33-17  holder of a provisional license under this section if:
  33-18              (1)  the provisional licensee passes a jurisprudence
  33-19  examination, if required;
  33-20              (2)  the board verifies that the provisional licensee
  33-21  has the academic and experience requirements for a license under
  33-22  this Act; and
  33-23              (3)  the provisional licensee satisfies any other
  33-24  license requirements under this Act.
  33-25        (d)  The board must complete the processing of a provisional
  33-26  licensee's application for a license not later than the 180th day
  33-27  after the date the provisional license is issued.  The board may
   34-1  extend the 180-day limit if the results on an examination have not
   34-2  been received by the board  <A person who is licensed or otherwise
   34-3  registered as a physical therapist or as a physical therapist
   34-4  assistant by another state, the District of Columbia, or a
   34-5  commonwealth or territory of the United States whose requirements
   34-6  for licensing or registration were at the date of licensing or
   34-7  registration substantially equal to the requirements prescribed by
   34-8  this Act may receive a physical therapist license without
   34-9  examination on submission of an application on a form prescribed by
  34-10  the board and payment of an endorsement license fee prescribed by
  34-11  the board>.
  34-12        SECTION 2.11.  Chapter 836, Acts of the 62nd Legislature,
  34-13  Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
  34-14  Statutes), is amended by adding Section 10A to read as follows:
  34-15        Sec. 10A.  FOREIGN-TRAINED APPLICANTS.  Foreign-trained
  34-16  physical therapists or physical therapist assistants shall satisfy
  34-17  the examination requirements of Section 8 or 9 of this Act.  The
  34-18  board shall require foreign-trained applicants to furnish proof of
  34-19  good moral character and completion of requirements substantially
  34-20  equal to those contained in Section 8 or 9 of this Act before
  34-21  taking the examination.
  34-22        SECTION 2.12.  Section 11, Chapter 836, Acts of the 62nd
  34-23  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  34-24  Civil Statutes), is amended to read as follows:
  34-25        Sec. 11.  Temporary License; INACTIVE STATUS.  (a)  The board
  34-26  by rule may provide for the issuance of a temporary license.  A
  34-27  holder of a temporary license shall practice under the supervision
   35-1  of a licensed physical therapist.  Rules adopted under this
   35-2  subsection shall include a time limit for a licensee to remain on
   35-3  temporary status.
   35-4        (b)  The board by rule may provide for a person who holds a
   35-5  license under this Act to be placed on inactive status.  Rules
   35-6  adopted under this subsection shall include a time limit for a
   35-7  licensee to remain on inactive status <shall issue a temporary
   35-8  license without examination to a physical therapist or physical
   35-9  therapist assistant who meets the qualifications prescribed by
  35-10  Sections 8 and 9 of this Act on submission of a written application
  35-11  on a form prescribed by the board, proof that the applicant is in
  35-12  this state on a temporary basis to assist in a case of medical
  35-13  emergency or to engage in a special physical therapy project, and
  35-14  payment of a fee prescribed by the board for a physical therapist
  35-15  temporary license or a physical therapist assistant temporary
  35-16  license.  This license expires one year from the date of issuance.>
  35-17        <(b)  The board shall issue a temporary license to a person
  35-18  who has applied for a license, meets the qualifications prescribed
  35-19  by Sections 8 and 9 of this Act, and has paid a fee prescribed by
  35-20  the board for a physical therapist temporary license or a physical
  35-21  therapist assistant temporary license.  This license expires on
  35-22  completion of scoring of the next administered examination whether
  35-23  the applicant passes the examination or not.  Issuance of a
  35-24  temporary license following failure of part or all of the
  35-25  examination shall be according to rules adopted by the board>.
  35-26        SECTION 2.13.  Section 12, Chapter 836, Acts of the 62nd
  35-27  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
   36-1  Civil Statutes), is amended to read as follows:
   36-2        Sec. 12.  Title.  (a)  A licensed physical therapist may use
   36-3  the title "Physical Therapist."   No other person may be so
   36-4  designated or permitted to use the term "Physical Therapist."  The
   36-5  license as a physical therapist does not authorize the use of <the
   36-6  prefix "Dr.," the word "Doctor," or> any <suffix or> affix
   36-7  indicating or implying that the licensed person is a physician.
   36-8        (b)  A licensed physical therapist assistant may use the
   36-9  title "Physical Therapist Assistant."  No other person may be so
  36-10  designated or permitted to use the term "Physical Therapist
  36-11  Assistant."  The license as a physical therapist assistant does not
  36-12  authorize the use of <the prefix "Dr.," the word "Doctor," or> any
  36-13  <suffix or> affix indicating or implying that the licensed person
  36-14  is a physician.
  36-15        SECTION 2.14.  Section 15, Chapter 836, Acts of the 62nd
  36-16  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  36-17  Civil Statutes), is amended to read as follows:
  36-18        Sec. 15.  Renewal of License.  (a)  A license issued under
  36-19  this Act<, except a temporary license,> expires two years after
  36-20  <one year from> the date of issuance.
  36-21        (b)  A person may renew an <his> unexpired license by paying
  36-22  to <filing a renewal application with> the executive council
  36-23  <board> before the expiration date of the license<, accompanied by>
  36-24  the required renewal fee<.  The renewal application must include
  36-25  evidence satisfactory to the board that the licensee has fulfilled
  36-26  the continuing education requirements imposed under Subsection (k)
  36-27  of Section 3 of this Act>.
   37-1        (c)  If a person's license has been expired for 90 days or
   37-2  less, the person may renew the license by paying to the executive
   37-3  council the required renewal fee and a fee that is one-half of the
   37-4  examination fee for the license.
   37-5        (d)  If a person's license has been expired for more than 90
   37-6  days but less than one year, the person may renew the license by
   37-7  paying to the executive council all unpaid renewal fees and a fee
   37-8  that is equal to the examination fee for the license.
   37-9        (e)  If a person's license has been expired for one year or
  37-10  more, the person may not renew the license.  The person may obtain
  37-11  a new license by submitting to reexamination and complying with the
  37-12  requirements and procedures for obtaining an original license.
  37-13  However, the board may renew without examination an expired license
  37-14  of a person who was licensed in this state, moved to another state,
  37-15  and is currently licensed and has been in practice in the other
  37-16  state for the two years preceding application.  The person must pay
  37-17  to the executive council a fee that is equal to the examination fee
  37-18  for the license.
  37-19        (f)  At least 30 days before the expiration of a person's
  37-20  license, the executive council shall send written notice of the
  37-21  impending license expiration to the person at the licensee's last
  37-22  known address according to the records of the executive council.
  37-23        <(c)  If a person's license has been expired for not more
  37-24  than 90 days, the person may renew the license by paying to the
  37-25  board the required renewal fee and a fee that is one-half of the
  37-26  examination fee for the license.>
  37-27        <(d)  If a person's license has been expired for more than 90
   38-1  days but less than two years, the person may renew the license by
   38-2  paying to the board all unpaid renewal fees and a fee that is equal
   38-3  to the examination fee for the license.>
   38-4        <(e)  If a person's license has been expired for two years or
   38-5  more, the person may not renew the license.  The person may obtain
   38-6  a new license by submitting to reexamination and complying with the
   38-7  requirements and procedures for obtaining an original license.>
   38-8        <(f)  The board shall notify each licensee in writing of the
   38-9  licensee's impending license expiration at least 30 days before the
  38-10  expiration date and shall attempt to obtain from the licensee a
  38-11  signed statement confirming receipt of the notice.>
  38-12        SECTION 2.15.  Section 16, Chapter 836, Acts of the 62nd
  38-13  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  38-14  Civil Statutes), is amended to read as follows:
  38-15        Sec. 16.  Alternative Expiration Date System.  <(a)>  The
  38-16  board may adopt a system under which licenses expire on various
  38-17  dates during the year.
  38-18        <(b)>  For the year in which the license expiration date is
  38-19  changed, license fees payable on the date of issuance shall be
  38-20  prorated on a monthly basis so that each licensee shall pay <pays>
  38-21  only that portion of the license fee that is allocable to the
  38-22  number of months during which the license is valid.
  38-23        <(c)>  On renewal of the license on the new expiration date,
  38-24  the total license renewal fee is payable.
  38-25        SECTION 2.16.  Chapter 836, Acts of the 62nd Legislature,
  38-26  Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
  38-27  Statutes), is amended by adding Section 16A to read as follows:
   39-1        Sec. 16A.  MANDATORY CONTINUING EDUCATION.  (a)  The board by
   39-2  rule shall adopt requirements for mandatory continuing education
   39-3  for licensees under this Act in subjects pertaining to the practice
   39-4  of physical therapy.  The board by rule shall establish a minimum
   39-5  number of hours of continuing education required to renew a
   39-6  license.  The board may assess the continuing education needs of
   39-7  licensees and may require licensees to attend continuing education
   39-8  courses specified by the board.  The board by rule shall develop a
   39-9  process to evaluate and approve continuing education courses.
  39-10        (b)  The board shall identify the key factors for the
  39-11  competent performance by a licensee of the licensee's professional
  39-12  duties.  The board shall adopt a procedure to assess a licensee's
  39-13  participation and performance in continuing education programs.
  39-14        SECTION 2.17.  Section 17, Chapter 836, Acts of the 62nd
  39-15  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  39-16  Civil Statutes), is amended to read as follows:
  39-17        Sec. 17.  Fees.  <(a)>  The board may recommend to the
  39-18  executive council <shall establish> reasonable and necessary fees
  39-19  for licenses issued or services performed under this Act so that
  39-20  the fees, in the aggregate, produce sufficient revenue to cover the
  39-21  cost of administering this Act.  The board may not recommend a fee
  39-22  to the executive council for an amount less than the amount of that
  39-23  fee on September 1, 1993.  <for the administration of this Act in
  39-24  amounts not to exceed:>
  39-25  <Examination>
  39-26    <1.  Physical Therapist>                                      <$100>
  39-27    <2.  Physical Therapist Assistant>                              <90>
   40-1  <Application>
   40-2    <1.  Physical Therapist>                                        <60>
   40-3    <2.  Physical Therapist Assistant>                              <60>
   40-4  <License Fee>
   40-5    <Endorsement>
   40-6      <1.  Physical Therapist>                                     <100>
   40-7      <2.  Physical Therapist Assistant>                            <90>
   40-8    <Temporary License>
   40-9      <1.  Physical Therapist>                                      <40>
  40-10      <2.  Physical Therapist Assistant>                            <30>
  40-11  <Renewal>
  40-12    <1.  Physical Therapist>                                        <75>
  40-13    <2.  Physical Therapist Assistant>                              <65>
  40-14  <Issuance Fee>
  40-15    <1.  Physical Therapist>                                        <65>
  40-16    <2.  Physical Therapist Assistant>                              <65>
  40-17  <Duplicate License>
  40-18    <1.  Physical Therapist>                                        <50>
  40-19    <2.  Physical Therapist Assistant>                              <50>
  40-20  <Transfer Fee>
  40-21    <1.  Physical Therapist>                                        <50>
  40-22    <2.  Physical Therapist Assistant>                              <50>
  40-23        <(b)  The board may not maintain unnecessary fund balances,
  40-24  and fee amounts shall be set in accordance with this requirement.>
  40-25        SECTION 2.18.  Section 19, Chapter 836, Acts of the 62nd
  40-26  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
  40-27  Civil Statutes), is amended to read as follows:
   41-1        Sec. 19.  GROUNDS FOR DENIAL OF A LICENSE OR DISCIPLINE OF A
   41-2  LICENSEE<:  COMPETITIVE BIDDING AND ADVERTISING>.  (a)(1)  A
   41-3  license may be denied, or after hearing, suspended or revoked, or a
   41-4  licensee otherwise disciplined if the applicant or licensee has:
   41-5                    (A)  provided physical therapy <treatment> to a
   41-6  person, except as provided by Subdivision (2) of this subsection,
   41-7  without the referral from <of> a physician licensed to practice
   41-8  medicine by a state <the Texas State> Board of Medical Examiners,
   41-9  or by a dentist licensed by a state <the State> Board of Dental
  41-10  Examiners, or a doctor licensed to practice chiropractic by a state
  41-11  <the Texas> Board of Chiropractic Examiners or a podiatrist
  41-12  licensed by a state <the Texas State> Board of Podiatry Examiners,
  41-13  or by any other qualified, licensed health-care professional who
  41-14  within the scope of the professional licensure is authorized to
  41-15  refer for health care services.  The professional taking an action
  41-16  under this subdivision is a referring practitioner <personnel who
  41-17  are authorized to prescribe treatment of individuals>;
  41-18                    (B)  in the case of a physical therapist
  41-19  assistant, treated a person other than under the direction of a
  41-20  licensed physical therapist;
  41-21                    (C)  used drugs or intoxicating liquors to an
  41-22  extent that affects the licensee's or applicant's <his>
  41-23  professional competence;
  41-24                    (D)  been convicted of a felony in this state or
  41-25  in any other state, territory, or nation; conviction as used in
  41-26  this subdivision includes a finding or verdict of guilty, an
  41-27  admission of guilt, or a plea of nolo contendere;
   42-1                    (E)  obtained or attempted to obtain a license by
   42-2  fraud or deception;
   42-3                    (F)  been grossly negligent in the practice of
   42-4  physical therapy or in acting as a physical therapist assistant;
   42-5                    (G)  been adjudged mentally incompetent by a
   42-6  court of competent jurisdiction;
   42-7                    (H)  practiced physical therapy in a manner
   42-8  detrimental to the public health and welfare; or
   42-9                    (I)  had the licensee's or applicant's <his>
  42-10  license to practice physical therapy revoked or suspended or had
  42-11  other disciplinary action taken against the licensee or applicant
  42-12  <him> or had the licensee's or applicant's <his> application for a
  42-13  license refused, revoked, or suspended by the proper licensing
  42-14  authority of another state, territory, or nation.
  42-15              (2)  A licensed physical therapist may treat a patient
  42-16  for an injury or condition that was the subject of a prior referral
  42-17  if all of the following conditions are met:
  42-18                    (A)  the physical therapist, within five business
  42-19  days, notifies the referring licensed physician, dentist,
  42-20  chiropractor, podiatrist, or other referring practitioner <licensed
  42-21  health-care personnel> of the commencement of therapy;
  42-22                    (B)  for all episodes of physical therapy
  42-23  subsequent to that which was initiated by the referral, the
  42-24  physical therapist treats the patient for not more than 20
  42-25  treatment sessions or 30 consecutive calendar days, whichever
  42-26  occurs first, whereupon the physical therapist must confer with the
  42-27  referring practitioner <licensed physician, dentist, chiropractor,
   43-1  podiatrist, or other licensed health-care personnel> in order to
   43-2  continue the current episode of treatment; and
   43-3                    (C)  the physical therapist commences any episode
   43-4  of treatment provided pursuant to this subsection within one year
   43-5  of the referral by the referring practitioner <licensed physician,
   43-6  dentist, chiropractor, podiatrist, or other licensed health-care
   43-7  personnel>.
   43-8              (3)  No physical therapist may provide treatment
   43-9  pursuant to Subdivision (2) of this subsection without having been
  43-10  licensed to practice physical therapy for at least one year and
  43-11  without satisfying other requirements set by the board.
  43-12              (4)  A licensed physical therapist may provide physical
  43-13  assessments or instructions to an asymptomatic person without the
  43-14  referral of a referring practitioner <physician, dentist,
  43-15  chiropractor, podiatrist, or other licensed health-care personnel>.
  43-16              (5)  In emergency circumstances, including minor
  43-17  emergencies, a licensed physical therapist may provide assistance
  43-18  to a person to the best of the therapist's ability without the
  43-19  referral of a referring practitioner <physician, dentist,
  43-20  chiropractor, podiatrist, or other licensed health-care personnel>.
  43-21  For the purposes of this subsection, "emergency circumstances"
  43-22  means instances where emergency medical care is called for.
  43-23  "Emergency medical care" means bona fide emergency services
  43-24  provided after the sudden onset of a medical condition manifesting
  43-25  itself by acute symptoms of sufficient severity, including severe
  43-26  pain, such that the absence of immediate medical attention could
  43-27  reasonably be expected to result in:
   44-1                    (A)  placing the patient's health in serious
   44-2  jeopardy;
   44-3                    (B)  serious impairment to bodily functions; or
   44-4                    (C)  serious dysfunction of any bodily organ or
   44-5  part.
   44-6        (b)  The board may not adopt rules restricting competitive
   44-7  bidding or advertising by a person regulated by the board except to
   44-8  prohibit false, misleading, or deceptive practices by the person.
   44-9  The board may not include in its rules to prohibit false,
  44-10  misleading, or deceptive practices by a person regulated by the
  44-11  board a rule that:
  44-12              (1)  restricts the person's use of any medium for
  44-13  advertising;
  44-14              (2)  restricts the person's personal appearance or use
  44-15  of his voice in an advertisement;
  44-16              (3)  relates to the size or duration of an
  44-17  advertisement by the person; or
  44-18              (4)  restricts the person's advertisement under a trade
  44-19  name.
  44-20        SECTION 2.19.  Subsection (a), Section 20, Chapter 836, Acts
  44-21  of the 62nd Legislature, Regular Session, 1971 (Article 4512e,
  44-22  Vernon's Texas Civil Statutes), is amended to read as follows:
  44-23        (a)  A person whose application for a license is denied is
  44-24  entitled to a hearing before the State Office of Administrative
  44-25  Hearings <board> if the applicant <he> submits a written request
  44-26  for a hearing to the board.
  44-27        SECTION 2.20.  Chapter 836, Acts of the 62nd Legislature,
   45-1  Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
   45-2  Statutes), is amended by adding Section 20A to read as follows:
   45-3        Sec. 20A.  REVOCATION, SUSPENSION, OR PROBATION OF LICENSE.
   45-4  (a)  The board shall revoke or suspend a license, place on
   45-5  probation a licensee whose license has been suspended, or reprimand
   45-6  a licensee for a violation of this Act or a rule adopted by the
   45-7  board.
   45-8        (b)  If a license suspension is probated, the board may
   45-9  require the licensee to:
  45-10              (1)  report regularly to the board on matters that are
  45-11  the basis of the probation;
  45-12              (2)  limit practice to the areas prescribed by the
  45-13  board; or
  45-14              (3)  continue or review continuing professional
  45-15  education until the licensee attains a degree of skill satisfactory
  45-16  to the board in those areas that are the basis of the probation.
  45-17        (c)  The schedule of sanctions adopted by the board by rule
  45-18  shall be used by the State Office of Administrative Hearings for
  45-19  any sanction imposed as the result of a hearing conducted by that
  45-20  office.
  45-21        SECTION 2.21.  Chapter 836, Acts of the 62nd Legislature,
  45-22  Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
  45-23  Statutes), is amended by adding Sections 22 through 27 to read as
  45-24  follows:
  45-25        Sec. 22.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The board
  45-26  shall keep an information file about each complaint filed with the
  45-27  executive council and referred to the board.  The board's
   46-1  information file shall be kept current and contain a record for
   46-2  each complaint of:
   46-3              (1)  all persons contacted in relation to the
   46-4  complaint;
   46-5              (2)  a summary of findings made at each step of the
   46-6  complaint process;
   46-7              (3)  an explanation of the legal basis and reason for a
   46-8  complaint that is dismissed; and
   46-9              (4)  other relevant information.
  46-10        (b)  If a written complaint is received by the board that the
  46-11  board has authority to resolve, the board, at least as frequently
  46-12  as quarterly and until final disposition of the complaint, shall
  46-13  notify the parties to the complaint of the status of the complaint
  46-14  unless the notice would jeopardize an undercover investigation.
  46-15        (c)  The board by rule shall adopt a form to standardize
  46-16  information concerning complaints made to the board.  The board by
  46-17  rule shall prescribe information to be provided to a person when
  46-18  the person files a complaint received by the board.
  46-19        (d)  The board shall provide reasonable assistance to a
  46-20  person who wishes to file a complaint.
  46-21        Sec. 23.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  46-22  board shall adopt rules concerning the investigation of a complaint
  46-23  received by the board.  The rules adopted under this subsection
  46-24  shall:
  46-25              (1)  distinguish between categories of complaints;
  46-26              (2)  ensure that complaints are not dismissed without
  46-27  appropriate consideration;
   47-1              (3)  require that the board be advised of a complaint
   47-2  that is dismissed and that a letter be sent to the person who filed
   47-3  the complaint explaining the action taken on the dismissed
   47-4  complaint;
   47-5              (4)  ensure that the person who filed the complaint has
   47-6  an opportunity to explain the allegations made in the complaint;
   47-7              (5)  prescribe guidelines concerning the categories of
   47-8  complaints that require the use of a private investigator and the
   47-9  procedures for the board to obtain the services of a private
  47-10  investigator; and
  47-11              (6)  require the board to advise the executive council
  47-12  of complaints disposed of.
  47-13        (b)  The board shall dispose of all complaints in a timely
  47-14  manner.  The board shall establish a schedule for conducting each
  47-15  phase of a complaint that is under the control of the board not
  47-16  later than the 30th day after the date the complaint is received by
  47-17  the board.  The schedule shall be kept in the information file for
  47-18  the complaint and all parties shall be notified of the projected
  47-19  time requirements for pursuing the complaint.  A change in the
  47-20  schedule must be noted in the complaint information file and all
  47-21  parties to the complaint must be notified not later than the
  47-22  seventh day after the date the change is made.
  47-23        (c)  The coordinator of the physical therapy programs shall
  47-24  notify the board of a complaint that extends beyond the time
  47-25  prescribed by the board for resolving the complaint so that the
  47-26  board may take necessary action on the complaint.
  47-27        Sec. 24.  INFORMAL PROCEEDINGS.  (a)  The board by rule shall
   48-1  adopt procedures governing:
   48-2              (1)  informal disposition of a contested case under
   48-3  Section 13(e), Administrative Procedure and Texas Register Act
   48-4  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   48-5  subsequent amendments; and
   48-6              (2)  informal proceedings held in compliance with
   48-7  Section 18(c), Administrative Procedure and Texas Register Act
   48-8  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   48-9  subsequent amendments.
  48-10        (b)  Rules adopted under this section must provide the
  48-11  complainant and the licensee an opportunity to be heard and must
  48-12  require the presence of a representative of the office of the
  48-13  attorney general or the board's legal counsel to advise the board
  48-14  or board's employees.
  48-15        Sec. 25.  MONITORING OF LICENSEE.  The board by rule shall
  48-16  develop a system for monitoring licensees' compliance with the
  48-17  requirements of this Act.  Rules adopted under this section shall
  48-18  include procedures for monitoring a licensee who is ordered by the
  48-19  board to perform certain acts to ascertain that the licensee
  48-20  performs the required acts and to identify and monitor licensees
  48-21  who represent a risk to the public.
  48-22        Sec. 26.  CERTAIN FUNCTIONS TRANSFERRED.  Certain functions
  48-23  relating to the administration of this Act are performed in
  48-24  accordance with Article 4512e-1, Revised Statutes.  To the extent
  48-25  of a conflict between this Act and Article 4512e-1, Revised
  48-26  Statutes, that article controls.
  48-27        Sec. 27.  REGISTRATION OF FACILITIES.  (a)  The board by rule
   49-1  shall adopt requirements for the registration and renewal of a
   49-2  registration of a facility in which the practice of physical
   49-3  therapy is conducted.  A facility licensed under Subtitle B, Title
   49-4  4, Health and Safety Code, is exempt from the requirements for
   49-5  registration under this section.
   49-6        (b)  If one or more facilities are owned by an individual,
   49-7  partnership, corporation, or other entity, the board may require
   49-8  only one application for the registration of all facilities.
   49-9           ARTICLE 3.  THE PRACTICE OF OCCUPATIONAL THERAPY
  49-10        SECTION 3.01.  Section 1, Occupational Therapy Title Act
  49-11  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
  49-12  as follows:
  49-13        Sec. 1.  SHORT TITLE.  This Act shall be known and may be
  49-14  cited as the "Occupational Therapy Practice <Title> Act."
  49-15        SECTION 3.02.  Section 2, Occupational Therapy Title Act
  49-16  (Article 8851, Vernon's Texas Civil Statutes), is amended by
  49-17  amending Subdivisions (4), (7), and (8) and adding Subdivision (9)
  49-18  to read as follows:
  49-19              (4)  "Board" means the Texas <Advisory> Board of
  49-20  Occupational Therapy Examiners.
  49-21              (7)  "Occupational therapy aide" or "occupational
  49-22  therapy orderly" means a person who aids in the practice of
  49-23  occupational therapy and whose activities require on-the-job
  49-24  training and on-site supervision by an occupational therapist or an
  49-25  occupational therapy assistant <"Commission" means the Texas
  49-26  Rehabilitation Commission>.
  49-27              (8)  "Executive council" means the Executive Council of
   50-1  Physical Therapy and Occupational Therapy Examiners <"Commissioner"
   50-2  means the commissioner of the Texas Rehabilitation Commission>.
   50-3              (9)  "Coordinator of occupational therapy programs"
   50-4  means the employee of the executive council employed under Section
   50-5  9, Article 4512e-1, Revised Statutes, and its subsequent
   50-6  amendments.
   50-7        SECTION 3.03.  Section 3, Occupational Therapy Title Act
   50-8  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
   50-9  as follows:
  50-10        Sec. 3.  Creation of Board.  (a)  A Texas <Advisory> Board of
  50-11  Occupational Therapy Examiners <is hereby created.  The board is
  50-12  created as a part of the commission and shall perform its duties as
  50-13  a board with the commission.  The board> shall consist of six
  50-14  members appointed by the governor with the advice and consent of
  50-15  the senate for staggered terms of six years<, except for the first
  50-16  board appointed hereunder>.  Appointments to the board shall be
  50-17  made without regard to the race, creed, sex, religion, or national
  50-18  origin of the appointees.  Members of the board are appointed for
  50-19  staggered terms of six years, with two members' terms expiring on
  50-20  February 1 of each odd-numbered year.  <In making the initial
  50-21  appointments, the governor shall designate two members for terms
  50-22  expiring February 1, 1985, two members for terms expiring February
  50-23  1, 1987, and two members for terms expiring February 1, 1989.  The
  50-24  appointments shall be made within 30 days after this Act becomes
  50-25  effective.>
  50-26        (b)  Three members of the board must be occupational
  50-27  therapists, be residents of this state, and have practiced
   51-1  occupational therapy for at least three years immediately preceding
   51-2  appointment.  One member of the board must be an occupational
   51-3  therapy assistant, be a resident of this state, and have practiced
   51-4  as an occupational therapy assistant for at least three years
   51-5  immediately preceding appointment.  All four of these members of
   51-6  the board must be licensed under this Act<, except for the members
   51-7  of the first board appointed hereunder>.  Two members of the board
   51-8  must be public members <of the general public> who are not
   51-9  occupational therapists.
  51-10        (c)  <A member or employee of the board may not be an
  51-11  officer, employee, or paid consultant of a trade association in the
  51-12  field of occupational therapy.>
  51-13        <(d)  A member or employee of the board may not be related
  51-14  within the second degree by affinity or consanguinity, as
  51-15  determined under Article 5996h, Revised Statutes, to a person who
  51-16  is an officer, employee, or paid consultant of a trade association
  51-17  in the field of occupational therapy.>
  51-18        <(e)>  A vacancy on the board shall be filled by appointment
  51-19  by the governor with the advice and consent of the senate for the
  51-20  remainder of the term.
  51-21        (d) <(f)>  A member of the board is not liable to civil
  51-22  action for any act performed in good faith in the execution of his
  51-23  or her duties in this capacity.
  51-24        (e)  The members of the board shall, on appointment, elect
  51-25  from their number a presiding officer, a secretary, and other
  51-26  officers required for the conduct of business.
  51-27        (f)  The coordinator of occupational therapy programs shall
   52-1  keep a record of each meeting of the board and maintain a register
   52-2  containing the names of all persons licensed under this Act, which
   52-3  shall be at all times open to public inspection.  On March 1 of
   52-4  each year, the coordinator of occupational therapy programs shall
   52-5  transmit an official copy of the list of the licensees to the
   52-6  executive council and the secretary of state for permanent record,
   52-7  a certified copy of which shall be admissible as evidence in any
   52-8  court of this state.
   52-9        <(g)  The Texas Advisory Board of Occupational Therapy is
  52-10  subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
  52-11  continued in existence as provided by that chapter, the board is
  52-12  abolished and this Act expires September 1, 1993.>
  52-13        SECTION 3.04.  The Occupational Therapy Title Act (Article
  52-14  8851, Vernon's Texas Civil Statutes) is amended by adding Sections
  52-15  3A through 3M to read as follows:
  52-16        Sec. 3A.  MEETINGS; COMPENSATION.  (a)  The board shall hold
  52-17  at least two regular meetings each year.  Additional meetings may
  52-18  be held on the call of the presiding officer or at the written
  52-19  request of three members of the board.
  52-20        (b)  A member of the board is entitled to a per diem as set
  52-21  by the General Appropriations Act for each day that the member
  52-22  engages in the business of the board.  A member may not receive any
  52-23  reimbursement for travel expenses, including expenses for meals and
  52-24  lodging, other than transportation expenses as provided by the
  52-25  General Appropriations Act.
  52-26        Sec. 3B.  PUBLIC MEMBERSHIP RESTRICTION.  A person is not
  52-27  eligible for appointment as a public member of the board if the
   53-1  person or the person's spouse:
   53-2              (1)  is registered, certified, or licensed by an
   53-3  occupational regulatory agency in the field of health care;
   53-4              (2)  is employed by or participates in the management
   53-5  of a business entity or other organization regulated by the
   53-6  executive council or the board or receiving funds from the
   53-7  executive council or the board;
   53-8              (3)  owns or controls, directly or indirectly, more
   53-9  than a 10 percent interest in a business entity or other
  53-10  organization regulated by the executive council or the board or
  53-11  receiving funds from the executive council or the board; or
  53-12              (4)  uses or receives a substantial amount of tangible
  53-13  goods, services, or funds from the executive council or the board,
  53-14  other than compensation or reimbursement authorized by law for
  53-15  executive council or board membership, attendance, or expenses.
  53-16        Sec. 3C.  CONFLICT OF INTEREST RESTRICTIONS.  (a)  An
  53-17  officer, employee, or paid consultant of a Texas trade association
  53-18  in the field of health care may not be a board member.
  53-19        (b)  A person who is the spouse of an officer, manager, or
  53-20  paid consultant of a Texas trade association in the field of health
  53-21  care may not be a board member.
  53-22        (c)  For the purposes of this section, a Texas trade
  53-23  association is a nonprofit, cooperative, and voluntarily joined
  53-24  association of business or professional competitors in this state
  53-25  designed to assist its members and its industry or profession in
  53-26  dealing with mutual business or professional problems and in
  53-27  promoting their common interest.
   54-1        Sec. 3D.  EFFECT OF LOBBYING ACTIVITY.  A person may not
   54-2  serve as a board member if the person is required to register as a
   54-3  lobbyist under Chapter 305, Government Code, and its subsequent
   54-4  amendments, because of the person's activities for compensation on
   54-5  behalf of a profession related to the operation of the executive
   54-6  council or the board.
   54-7        Sec. 3E.  GROUNDS FOR REMOVAL FROM BOARD.  (a)  It is a
   54-8  ground for removal from the board if a member:
   54-9              (1)  does not have at the time of appointment the
  54-10  qualifications required by Section 3 of this Act;
  54-11              (2)  does not maintain during service on the board the
  54-12  qualifications required by Section 3 of this Act;
  54-13              (3)  violates a prohibition established by Section 3C
  54-14  or 3D of this Act;
  54-15              (4)  cannot discharge the member's duties for a
  54-16  substantial part of the term for which the member is appointed
  54-17  because of illness or disability; or
  54-18              (5)  is absent from more than half of the regularly
  54-19  scheduled board meetings that the member is eligible to attend
  54-20  during a calendar year unless the absence is excused by majority
  54-21  vote of the board.
  54-22        (b)  The validity of an action of the board is not affected
  54-23  by the fact that it is taken when a ground for removal of a board
  54-24  member exists.
  54-25        (c)  If the coordinator of occupational therapy programs has
  54-26  knowledge that a potential ground for removal exists, the
  54-27  coordinator shall notify the presiding officer of the board of the
   55-1  ground.  The presiding officer shall then notify the governor that
   55-2  a potential ground for removal exists.
   55-3        Sec. 3F.  STAFF.  (a)  The board may request the executive
   55-4  council to assign administrative and clerical employees as
   55-5  necessary to carry out the board's functions.
   55-6        (b)  The board shall develop and implement policies that
   55-7  clearly define the respective responsibilities of the board and the
   55-8  staff of the executive council.
   55-9        Sec. 3G.  REGULATORY STATUTES ADMINISTERED.  Except as
  55-10  provided by other statutes, the board shall administer and enforce
  55-11  this Act.
  55-12        Sec. 3H.  PUBLIC INTEREST INFORMATION.  The board shall
  55-13  prepare information of public interest describing the functions of
  55-14  the board and the board's procedures by which complaints are filed
  55-15  with and resolved by the board.  The board shall make the
  55-16  information available to the public and appropriate state agencies.
  55-17        Sec. 3I.  PUBLIC PARTICIPATION IN BOARD HEARINGS.  The board
  55-18  shall develop and implement policies that provide the public with a
  55-19  reasonable opportunity to appear before the board and to speak on
  55-20  any issue under the jurisdiction of the board.
  55-21        Sec. 3J.  PROGRAM ACCESSIBILITY.  The board shall prepare and
  55-22  maintain a written plan that describes how a person who does not
  55-23  speak English can be provided reasonable access to the board's
  55-24  programs.  The board shall also comply with federal and state laws
  55-25  for program and facility accessibility.
  55-26        Sec. 3K.  TRAINING; STANDARDS OF CONDUCT INFORMATION.  (a)
  55-27  Each board member shall comply with the board member training
   56-1  requirements established by any other state agency that is given
   56-2  authority to establish the requirements for the board.
   56-3        (b)  The board shall provide to its members, as often as
   56-4  necessary, information regarding their qualifications for office
   56-5  under this Act and their responsibilities under applicable laws
   56-6  relating to standards of conduct for state officers.
   56-7        Sec. 3L.  OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE.  The
   56-8  board is subject to:
   56-9              (1)  the open meetings law, Chapter 271, Acts of the
  56-10  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
  56-11  Texas Civil Statutes), and its subsequent amendments; and
  56-12              (2)  the Administrative Procedure and Texas Register
  56-13  Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
  56-14  subsequent amendments.
  56-15        Sec. 3M.  SUNSET PROVISION.  The Texas Board of Occupational
  56-16  Therapy Examiners is subject to Chapter 325, Government Code (Texas
  56-17  Sunset Act), and its subsequent amendments.  Unless continued in
  56-18  existence as provided by that chapter, the board is abolished and
  56-19  this Act expires September 1, 2005.
  56-20        SECTION 3.05.  Section 5, Occupational Therapy Title Act
  56-21  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
  56-22  as follows:
  56-23        Sec. 5.  Powers and Duties of the Board.  (a)  The board
  56-24  shall approve applicants for licenses at least once each year at
  56-25  such reasonable times and places as shall be designated by the
  56-26  board in its discretion.
  56-27        (b)  <The board may collect fees for licenses, license
   57-1  renewals, examinations, and all other administrative expenses.  If
   57-2  the General Appropriations Act does not set the amount of those
   57-3  fees, the board shall set the fees in amounts that will recover the
   57-4  amount appropriated for the operation of the board from the General
   57-5  Revenue Fund.>
   57-6        <(c)>  The board shall approve the examination as described
   57-7  in Subsection (b) of Section 17 of this Act.
   57-8        (c) <(d)>  The board shall adopt rules consistent with this
   57-9  Act to carry out its duties in administering this Act.  <may
  57-10  investigate complaints; issue, suspend, deny, and revoke licenses;
  57-11  reprimand licensees and place them on probation; issue subpoenas;
  57-12  and hold hearings.  The board shall keep an information file about
  57-13  each complaint that is filed with the board relating to a licensee
  57-14  or an entity regulated by the board.  If a written complaint is
  57-15  filed with the board relating to a licensee or entity regulated by
  57-16  the board, the board shall notify the parties to the complaint of
  57-17  the status of the complaint unless the notice would jeopardize an
  57-18  undercover investigation.  The board shall notify the parties to
  57-19  the complaint at least as frequently as quarterly until the final
  57-20  disposition of the complaint.>
  57-21        <(e)  The board shall propose rules consistent with this Act
  57-22  to carry out its duties in administering this Act, shall submit
  57-23  said rules to the office of the Attorney General of Texas for
  57-24  review, and shall then adopt rules consistent with the advice of
  57-25  the attorney general.  In adopting its rules, the board shall
  57-26  consider any applicable policies and procedures of the commission.>
  57-27        <(f)  The commissioner with the advice of the board shall
   58-1  appoint an executive director to implement the purposes of this Act
   58-2  at a salary as determined by legislative appropriation.>
   58-3        <(g)  The executive director of the board or her/his designee
   58-4  shall develop an intraagency career ladder program, one part of
   58-5  which shall be the intraagency posting of all nonentry level
   58-6  positions for at least 10 days before any public posting.>
   58-7        <(h)  The executive director of the board or her/his designee
   58-8  shall develop a system of annual performance evaluation based on
   58-9  measurable job tasks.  All merit pay for board employees must be
  58-10  based on the system established under this section.>
  58-11        <(i)  The board shall contract for space, computer services,
  58-12  office materials, employees, and any other needed services,
  58-13  materials, or assistants deemed necessary.>
  58-14        <(j)  The board shall prepare information of consumer
  58-15  interest describing the regulatory functions of the board and the
  58-16  legal rights of consumers as provided in this Act.>
  58-17        <(k)  The board shall assist the proper legal authorities in
  58-18  the prosecution of all persons violating any provisions of this
  58-19  Act.>
  58-20        <(l)  The board shall prepare or approve continuing education
  58-21  programs for licensees and shall require each licensee to
  58-22  participate in an approved continuing education program in order to
  58-23  renew a license issued under this Act.>
  58-24        <(m)  The board shall develop and implement policies that
  58-25  clearly define the respective responsibilities of the governing
  58-26  body of the board and the staff of the board.>
  58-27        SECTION 3.06.  The Occupational Therapy Title Act (Article
   59-1  8851, Vernon's Texas Civil Statutes) is amended by adding Sections
   59-2  5A-5E to read as follows:
   59-3        Sec. 5A.  MANDATORY CONTINUING EDUCATION.  (a)  The board by
   59-4  rule shall establish a minimum number of hours of continuing
   59-5  education required to renew a license under this Act.  The board
   59-6  may assess the continuing education needs of licensees and may
   59-7  require licensees to attend continuing education courses specified
   59-8  by the board.  The board by rule shall develop a process to
   59-9  evaluate and approve  continuing education courses.
  59-10        (b)  The board shall identify the key factors for the
  59-11  competent performance by a licensee of the licensee's professional
  59-12  duties.  The board shall adopt a procedure to assess a licensee's
  59-13  participation in continuing education programs.
  59-14        Sec. 5B.  COMPLAINT INFORMATION.  (a)  The board shall keep
  59-15  an information file about each complaint filed with the executive
  59-16  council and referred to the board.  The board's information file
  59-17  shall be kept current and contain a record for each complaint of:
  59-18              (1)  all persons contacted in relation to the
  59-19  complaint;
  59-20              (2)  a summary of findings made at each step of the
  59-21  complaint process;
  59-22              (3)  an explanation of the legal basis and reason for a
  59-23  complaint that is dismissed; and
  59-24              (4)  other relevant information.
  59-25        (b)  If a written complaint is received by the board that the
  59-26  board has authority to resolve, the board, at least as frequently
  59-27  as quarterly and until final disposition of the complaint, shall
   60-1  notify the parties to the complaint of the status of the complaint
   60-2  unless the notice would jeopardize an undercover investigation.
   60-3        (c)  The board by rule shall adopt a form to standardize
   60-4  information concerning complaints made to the board.  The board by
   60-5  rule shall prescribe information to be provided to a person when
   60-6  the person files a complaint received by the board.
   60-7        (d)  The board shall provide reasonable assistance to a
   60-8  person who wishes to file a complaint.
   60-9        Sec. 5C.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  60-10  board shall adopt rules concerning the investigation of a complaint
  60-11  received by the board.  The rules adopted under this subsection
  60-12  shall:
  60-13              (1)  distinguish between categories of complaints;
  60-14              (2)  ensure that complaints are not dismissed without
  60-15  appropriate consideration;
  60-16              (3)  require that the board be advised of a complaint
  60-17  that is dismissed and that a letter be sent to the person who filed
  60-18  the complaint explaining the action taken on the dismissed
  60-19  complaint;
  60-20              (4)  ensure that the person who filed the complaint has
  60-21  an opportunity to explain the allegations made in the complaint;
  60-22              (5)  prescribe guidelines concerning the categories of
  60-23  complaints that require the use of a private investigator and the
  60-24  procedures for the board to obtain the services of a private
  60-25  investigator; and
  60-26              (6)  require the board to advise the executive council
  60-27  of complaints disposed of.
   61-1        (b)  The board shall dispose of all complaints in a timely
   61-2  manner.  The board shall establish a timeline for conducting each
   61-3  phase of a complaint that is under the control of the board not
   61-4  later than the 30th day after the date the complaint is received by
   61-5  the board.  The timeline shall be kept in the information file for
   61-6  the complaint and all parties shall be notified of the projected
   61-7  time requirements for pursuing the complaint.  A change in the
   61-8  timeline must be noted in the complaint information file and all
   61-9  parties to the complaint must be notified not later than the
  61-10  seventh day after the date the change is made.
  61-11        (c)  The coordinator of occupational therapy programs of the
  61-12  board shall notify the board of a complaint that extends beyond the
  61-13  time prescribed by the board for resolving the complaint so that
  61-14  the board may take necessary action on the complaint.
  61-15        Sec. 5D.  INFORMAL PROCEEDINGS.  (a)  The board by rule shall
  61-16  adopt procedures governing:
  61-17              (1)  informal disposition of a contested case under
  61-18  Section 13(e), Administrative Procedure and Texas Register Act
  61-19  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  61-20  subsequent amendments; and
  61-21              (2)  informal proceedings held in compliance with
  61-22  Section 18(c), Administrative Procedure and Texas Register Act
  61-23  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  61-24  subsequent amendments.
  61-25        (b)  Rules adopted under this section must provide the
  61-26  complainant and the licensee an opportunity to be heard and must
  61-27  require the presence of a representative of the office of the
   62-1  attorney general or the board's legal counsel to advise the board
   62-2  or board's employees.
   62-3        Sec. 5E.  MONITORING OF LICENSEE.  The board by rule shall
   62-4  develop a system for monitoring licensees' compliance with the
   62-5  requirements of this Act.  Rules adopted under this section shall
   62-6  include procedures for monitoring a licensee who is ordered by the
   62-7  board to perform certain acts to ascertain that the licensee
   62-8  performs the required acts and to identify and monitor licensees
   62-9  who represent a risk to the public.
  62-10        SECTION 3.07.  Section 17, Occupational Therapy Title Act
  62-11  (Article 8851, Vernon's Texas Civil Statutes), is amended by
  62-12  amending Subsections (a), (b), and (e) and adding Subsection (f) to
  62-13  read as follows:
  62-14        (a)  Only a person satisfying the requirements of Section 16,
  62-15  except Subdivision (3) <Subsection (e)> of Section 16, may apply
  62-16  for examination in such a manner as the board shall prescribe.  The
  62-17  application shall be accompanied by the nonrefundable fee
  62-18  prescribed by the executive council <Subdivision (1) of Subsection
  62-19  (b) of Section 5 of this Act>.
  62-20        (b)  Each applicant for licensure shall be examined by
  62-21  written examination to test the applicant's <his or her> knowledge
  62-22  of the basic and clinical sciences relating to occupational
  62-23  therapy, occupational therapy techniques and methods, and such
  62-24  other subjects as the board may require to determine the
  62-25  applicant's fitness to practice.  The board shall approve an
  62-26  examination for occupational therapists and an examination for
  62-27  occupational therapy assistants and establish standards for
   63-1  acceptable performance.  The board shall have the written portion
   63-2  of an examination validated by an independent testing entity.
   63-3        (e)  In case of failure of any examination the applicant
   63-4  shall have the privilege of a second examination on payment of the
   63-5  prescribed fees.  In case of a second failure, the applicant shall
   63-6  be eligible for a third examination, but shall, in addition to the
   63-7  requirements for previous examinations, have to wait a specific
   63-8  period not to exceed one year before reexamination.  Further
   63-9  testing will be at the discretion of the board.  If requested in
  63-10  writing by a person who fails a licensing examination administered
  63-11  under this Act, the board shall furnish the person with an analysis
  63-12  of the person's performance on the examination.
  63-13        (f)  Not later than the 30th day after the date on which a
  63-14  licensing examination is administered under this Act, the board
  63-15  shall notify each examinee of the results of the examination.
  63-16  However, if an examination is graded or reviewed by a national
  63-17  testing service, the board shall notify examinees of the results of
  63-18  the examination not later than the 14th day after the date on which
  63-19  the board receives the results from the testing service.  If the
  63-20  notice of examination results graded or reviewed by a national
  63-21  testing service will be delayed for longer than 90 days after the
  63-22  examination date, the board shall notify the examinee of the reason
  63-23  for the delay before the 90th day.
  63-24        SECTION 3.08.  Section 18, Occupational Therapy Title Act
  63-25  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
  63-26  as follows:
  63-27        Sec. 18.  PROVISIONAL LICENSES  <LICENSE BY ENDORSEMENT>.
   64-1  (a)  On application, the board shall grant a provisional license
   64-2  for the practice of occupational therapy.  An applicant for a
   64-3  provisional license under this section must:
   64-4              (1)  be licensed in good standing as an occupational
   64-5  therapist or occupational therapy assistant in another state, the
   64-6  District of Columbia, or a territory of the United States that has
   64-7  licensing requirements that are substantially equivalent to the
   64-8  requirements of this Act;
   64-9              (2)  have passed a national or other examination
  64-10  recognized by the board relating to the practice of occupational
  64-11  therapy; and
  64-12              (3)  be sponsored by a person licensed by the board
  64-13  under this Act with whom the provisional licensee may practice
  64-14  under this section.
  64-15        (b)  An applicant for a provisional license may be excused
  64-16  from the requirement of Subsection (a)(3) of this section if the
  64-17  board determines that compliance with that subsection constitutes a
  64-18  hardship to the applicant.
  64-19        (c)  A provisional license is valid until the date the board
  64-20  approves or denies the provisional licensee's application for a
  64-21  license.  The board shall issue a license under this Act to the
  64-22  holder of a provisional license under this section if:
  64-23              (1)  the provisional licensee passes a jurisprudence
  64-24  examination, if required;
  64-25              (2)  the board verifies that the provisional licensee
  64-26  has the academic and experience requirements for a license under
  64-27  this Act; and
   65-1              (3)  the provisional licensee satisfies any other
   65-2  license requirements under this Act.
   65-3        (d)  The board must complete the processing of a provisional
   65-4  licensee's application for a license not later than the 180th day
   65-5  after the date the provisional license is issued.  The board may
   65-6  extend the 180-day limit if the results of an examination have not
   65-7  been received by the board  <A person who is licensed or otherwise
   65-8  registered as an occupational therapist or as an occupational
   65-9  therapy assistant by another state, the District of Columbia, or a
  65-10  commonwealth or territory of the United States whose requirements
  65-11  for licensing or registration were at the date of licensing or
  65-12  registration substantially equal to the requirements prescribed by
  65-13  this Act may receive an occupational therapist license without
  65-14  examination, on submission of an application on a form prescribed
  65-15  by the board and payment of an endorsement license fee prescribed
  65-16  by the board.>
  65-17        <(b)  The board may also waive examination requirements for a
  65-18  person who is certified by a national association approved by the
  65-19  board and who is currently practicing in a state that does not
  65-20  require a license or other form of registration>.
  65-21        SECTION 3.09.  Section 20, Occupational Therapy Title Act
  65-22  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
  65-23  as follows:
  65-24        Sec. 20.  Foreign-Trained Applicants.  Foreign-trained
  65-25  occupational therapists and occupational therapy assistants shall
  65-26  satisfy the examination requirements of Subdivision (3) <Subsection
  65-27  (e)> of Section 16.  The board shall require foreign-trained
   66-1  applicants to furnish proof of good moral character and completion
   66-2  of educational and supervised field work requirements substantially
   66-3  equal to those contained in Section 16 before taking the
   66-4  examination.
   66-5        SECTION 3.10.  Section 22, Occupational Therapy Title Act
   66-6  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
   66-7  as follows:
   66-8        Sec. 22.  Temporary License.  <(a)>  The board by rule may
   66-9  provide for the issuance of a temporary license.  Rules adopted
  66-10  under this section shall include a time limit for a licensee to
  66-11  remain on temporary status.  A holder of a temporary license shall
  66-12  practice under the supervision of an occupational therapist
  66-13  licensed by the board <may issue a temporary license without
  66-14  examination to a person who is a recent graduate of an institution
  66-15  of higher education in the United States if the person has applied
  66-16  for a license, has applied to take the licensing examination, and
  66-17  meets the requirements for license under Section 16 of this Act.  A
  66-18  person who holds a temporary license may practice only under the
  66-19  supervision of a person who holds a regular license.  A temporary
  66-20  license expires on notification of the results of the licensing
  66-21  examination.  Issuance of a temporary license following failure of
  66-22  part or all of the examination shall be according to rules adopted
  66-23  by the board.>
  66-24        <(b)  The board shall issue a temporary license to a person
  66-25  who has applied for endorsement of her/his license under the
  66-26  provisions of Section 18 of this Act.  On approval by the board of
  66-27  the application and payment of fees, the board shall issue a
   67-1  permanent license on the issuance of which the temporary license
   67-2  issued under this provision shall expire>.
   67-3        SECTION 3.11.  Section 24, Occupational Therapy Title Act
   67-4  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
   67-5  as follows:
   67-6        Sec. 24.  Renewal of Unexpired License.  (a)  The board by
   67-7  rule may adopt a system under which licenses expire on various
   67-8  dates during the year.  For the year in which the license
   67-9  expiration date is changed, license fees shall be prorated on a
  67-10  monthly basis so that each licensee shall pay only that portion of
  67-11  the license fee that is allocable to the number of months during
  67-12  which the license is valid.  On renewal of the license on the new
  67-13  expiration date, the total license renewal fee is payable <A
  67-14  license issued under this Act, unless otherwise provided in this
  67-15  Act, expires on the licensee's birthday, except for licenses which
  67-16  would thereby expire before January 1, 1985, which licenses shall
  67-17  not expire until the licensee's first birthday after that date>.
  67-18        (b)  A person may renew an unexpired license by paying to the
  67-19  executive council before the expiration date of the license the
  67-20  required  <A renewal license shall be issued on submission of an
  67-21  application on a form prescribed by the board and payment of a>
  67-22  renewal fee <before the expiration date of the license>.
  67-23        SECTION 3.12.  Section 25, Occupational Therapy Title Act
  67-24  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
  67-25  as follows:
  67-26        Sec. 25.  Renewal of Expired License.  (a)  If a person's
  67-27  license has been expired for <not more than> 90 days or less, the
   68-1  person may renew the license by paying to the executive council
   68-2  <board> the required renewal fee plus a <late> fee in an amount
   68-3  that is one-half of the examination fee for the license <fee>.
   68-4        (b)  If a person's license has been expired for more than 90
   68-5  days but less than one year <two years>, the person may renew the
   68-6  license by paying to the executive council <board> all unpaid
   68-7  renewal fees and a <late> fee that is equal to the examination fee
   68-8  for the license <fee>.
   68-9        (c)  If a person's license has been expired for one year <two
  68-10  years> or more, the person may not renew the license.  The person
  68-11  may obtain a new license by <applying for a license,> submitting to
  68-12  reexamination<,> and complying with the requirements and procedures
  68-13  for obtaining an original license.  However, the board may renew
  68-14  without reexamination an expired license of a person who was
  68-15  licensed in this state, moved to another state, and has been in
  68-16  practice <legally practicing> in the other state for the two years
  68-17  preceding <the> application <for renewal>.  The person must <shall>
  68-18  pay to the executive council <board> a renewal fee that is equal to
  68-19  the examination fee for the license <fee>.
  68-20        (d)  At least 30 days  <Not later than the 30th day> before
  68-21  the expiration <date> of a person's license, the executive council
  68-22  <board> shall send written notice of the impending license
  68-23  expiration to the person at the person's last known address.
  68-24        SECTION 3.13.  Section 25A, Occupational Therapy Title Act
  68-25  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
  68-26  as follows:
  68-27        Sec. 25A.  Inactive Status List.  The board by rule may
   69-1  provide for a person who holds a license under this Act to be
   69-2  placed on inactive status.  Rules adopted under this section shall
   69-3  include a time limit for a licensee to remain on inactive status
   69-4  <(a)  A person who holds a license under this Act and who is not
   69-5  actively engaged in the practice of occupational therapy may apply
   69-6  to the board in writing to be placed on an inactive status list
   69-7  maintained by the board.  The person must apply for inactive status
   69-8  before the expiration of the person's license.  A person on
   69-9  inactive status is not required to pay the annual renewal fee.>
  69-10        <(b)  A person on inactive status may not perform any
  69-11  activities regulated under this Act.>
  69-12        <(c)  If a person on inactive status desires to reenter
  69-13  active practice, the person shall notify the board in writing.  The
  69-14  board shall remove the person from the inactive status list on
  69-15  payment of an administrative fee and on compliance with educational
  69-16  or other requirements set by the board by rule>.
  69-17        SECTION 3.14.  Section 26, Occupational Therapy Title Act
  69-18  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
  69-19  as follows:
  69-20        Sec. 26.  Title.  A licensed occupational therapist may use
  69-21  the title "Occupational Therapist Registered" and the initials
  69-22  "O.T.R."  No other person may be designated or permitted to use the
  69-23  terms "Occupational Therapist Registered" or "O.T.R."  A licensed
  69-24  occupational therapy assistant may use the title "Certified
  69-25  Occupational Therapy Assistant" and the initials "C.O.T.A."  No
  69-26  other person may be designated or permitted to use the terms
  69-27  "Certified Occupational Therapy Assistant" or "C.O.T.A."  Neither
   70-1  title authorizes the use of the prefix "Dr.," the word "Doctor," or
   70-2  any suffix or affix indicating or implying that the licensed person
   70-3  is a physician.
   70-4        SECTION 3.15.  Subsections (a), (b), and (c), Section 28,
   70-5  Occupational Therapy Title Act (Article 8851, Vernon's Texas Civil
   70-6  Statutes), are amended to read as follows:
   70-7        (a)  A person may not practice or represent himself or
   70-8  herself as able to practice occupational therapy or act as or
   70-9  represent himself or herself as being an occupational therapist
  70-10  unless he or she is licensed under this Act.
  70-11        (b)  A person may not act as or represent himself or herself
  70-12  as being an occupational therapy assistant unless he or she is
  70-13  licensed under this Act.
  70-14        (c)  It is unlawful for any person who is not licensed under
  70-15  this Act as an occupational therapist or an occupational therapy
  70-16  assistant or whose registration has been suspended or revoked to:
  70-17              (1)  use in connection with his or her practice or
  70-18  place of business the words "occupational therapy," "occupational
  70-19  therapist," "licensed occupational therapist," "occupational
  70-20  therapist registered," "occupational therapy assistant," "licensed
  70-21  occupational therapy assistant," "certified occupational therapy
  70-22  assistant," or the letters "O.T.," "O.T.R.," "L.O.T.," "O.T.R./L.,"
  70-23  "O.T.A.," "L.O.T.A.," or "C.O.T.A.," or any other words, letters,
  70-24  abbreviations, or insignia indicating or implying that he or she is
  70-25  an occupational therapist or an occupational therapy assistant;
  70-26              (2)  <or who> in any way, orally, in writing, in print,
  70-27  or by sign directly or by implication represent <represents>
   71-1  himself or herself as an occupational therapist or an occupational
   71-2  therapy assistant; or
   71-3              (3)  in any way, orally, in writing, in print, or by
   71-4  sign, or in any other way, directly or indirectly, represent that
   71-5  occupational therapy is provided or supplied, or extend or provide
   71-6  occupational therapy services unless the services are provided by
   71-7  an occupational therapist or an occupational therapy assistant
   71-8  licensed under this Act.
   71-9        SECTION 3.16.  Section 30, Occupational Therapy Title Act
  71-10  (Article 8851, Vernon's Texas Civil Statutes), is amended to read
  71-11  as follows:
  71-12        Sec. 30.  Denial, Suspension, or Revocation of a License;
  71-13  Discipline of a Licensee.  (a)  If the State Office of
  71-14  Administrative Hearings <board> proposes to deny a license, <or> to
  71-15  suspend or revoke a license, or to take other disciplinary action
  71-16  against a licensee the applicant or licensee is entitled to a
  71-17  hearing before the board <or before a hearing officer appointed by
  71-18  the board>.  All final decisions shall be made by the board.
  71-19        (b)  After a final decision by the board <hearing>, a license
  71-20  may be denied, suspended, or revoked or a licensee otherwise
  71-21  disciplined if the applicant or licensee has:
  71-22              (1)  used drugs or intoxicating liquors to an extent
  71-23  that affects his or her professional competence;
  71-24              (2)  been convicted of a crime, other than minor
  71-25  offenses defined as "minor misdemeanors," "violations," or
  71-26  "offenses," in any court if the acts for which he or she was
  71-27  convicted are found by the board to have a direct bearing on
   72-1  whether he or she should be entrusted to service the public in the
   72-2  capacity of an occupational therapist or occupational therapy
   72-3  assistant;
   72-4              (3)  obtained or attempted to obtain a license by fraud
   72-5  or deception;
   72-6              (4)  been grossly negligent in the practice of
   72-7  occupational therapy or in acting as an occupational therapy
   72-8  assistant;
   72-9              (5)  been adjudicated mentally incompetent by a court
  72-10  of competent jurisdiction;
  72-11              (6)  practiced occupational therapy in a manner
  72-12  detrimental to the public health and welfare;
  72-13              (7)  advertised in a manner that in any way tends to
  72-14  deceive or defraud the public; or
  72-15              (8)  had his or her license to practice occupational
  72-16  therapy revoked or suspended or had other disciplinary action taken
  72-17  against him or her or had his or her application for a license
  72-18  refused, revoked, or suspended by the proper licensing authority of
  72-19  another state, territory, or nation.
  72-20        SECTION 3.17.  Section 31, Occupational Therapy Title Act
  72-21  (Article 8851, Vernon's Texas Civil Statutes), is amended by
  72-22  amending Subsections (b) and (c) and adding Subsection (d) to read
  72-23  as follows:
  72-24        (b)  The board may deny or refuse to renew a license, may
  72-25  suspend or revoke a license, may reprimand a licensee, or may
  72-26  impose probationary conditions after a hearing by the State Office
  72-27  of Administrative Hearings as provided by Section 30 of this Act.
   73-1  If a license suspension is probated, the board may require the
   73-2  licensee to:
   73-3              (1)  report regularly to the board on matters that are
   73-4  the basis of the probation;
   73-5              (2)  limit practice to the areas prescribed by the
   73-6  board; or
   73-7              (3)  continue or review continuing professional
   73-8  education until the licensee attains a degree of skill satisfactory
   73-9  to the board in those areas that are the basis of the probation.
  73-10        (c)  The schedule of sanctions adopted by the board by rule
  73-11  shall be used by the State Office of Administrative Hearings for
  73-12  any sanction imposed as the result of a hearing conducted by that
  73-13  office <in the manner provided by the rules adopted by the board>.
  73-14        (d) <(c)>  On application, the board may reissue a license to
  73-15  a person whose license has been denied or who has been disciplined
  73-16  by the board, but the application may not be made before the 180th
  73-17  day after the date the order of denial or discipline became final,
  73-18  and the application must be made in the manner and form required by
  73-19  the board.
  73-20        SECTION 3.18.  The Occupational Therapy Title Act (Article
  73-21  8851, Vernon's Texas Civil Statutes) is amended by adding Sections
  73-22  31A-31D to read as follows:
  73-23        Sec. 31A.  COMPETITIVE BIDDING; ADVERTISING.  (a)  The board
  73-24  may not adopt rules restricting competitive bidding or advertising
  73-25  by a person regulated by the board except to prohibit false,
  73-26  misleading, or deceptive practices by the person.
  73-27        (b)  The board may not include in its rules to prohibit
   74-1  false, misleading, or deceptive practices by a person regulated by
   74-2  the board a rule that:
   74-3              (1)  restricts the use of any medium for advertising;
   74-4              (2)  restricts the person's personal appearance or use
   74-5  of the person's voice in an advertisement;
   74-6              (3)  relates to the size or duration of an
   74-7  advertisement by the person; or
   74-8              (4)  restricts the person's advertisement under a trade
   74-9  name.
  74-10        Sec. 31B.  REGISTRATION OF FACILITIES.  (a)  The board by
  74-11  rule shall adopt requirements for the registration and renewal of a
  74-12  registration of a facility in which the practice of occupational
  74-13  therapy is conducted.  A facility licensed under Subtitle B, Title
  74-14  4, Health and Safety Code, is exempt from registration requirements
  74-15  under this section.
  74-16        (b)  If one or more facilities are owned by an individual,
  74-17  partnership, corporation, or other entity, the board may require
  74-18  only one application for the registration of all facilities.
  74-19        Sec. 31C.  FEES.  The board may recommend to the executive
  74-20  council the reasonable and necessary fees for licenses issued or
  74-21  services performed under this Act so that the fees, in the
  74-22  aggregate, produce sufficient revenue to cover the cost of
  74-23  administering this Act.  The board may not recommend a fee to the
  74-24  executive council for an amount less than the amount of that fee on
  74-25  September 1, 1993.
  74-26        Sec. 31D.  CERTAIN FUNCTIONS TRANSFERRED.  Certain functions
  74-27  relating to the administration of this Act are performed in
   75-1  accordance with Article 4512e-1, Revised Statutes.  To the extent
   75-2  of a conflict between this Act and Article 4512e-1, Revised
   75-3  Statutes, that article controls.
   75-4      ARTICLE 4.  TRANSITION; REPEALER; EFFECTIVE DATE; EMERGENCY
   75-5        SECTION 4.01.  (a)  As soon as possible after the effective
   75-6  date of this Act, the governor, the Texas Board of Physical Therapy
   75-7  Examiners, and the Texas Board of Occupational Therapy Examiners
   75-8  shall appoint the initial members of the Executive Council of
   75-9  Physical Therapy and Occupational Therapy Examiners in accordance
  75-10  with Article 4512e-1, Revised Statutes, as added by this Act.
  75-11        (b)  The obligations, rights, contracts, records and other
  75-12  property, and personnel of, and unspent money appropriated to or
  75-13  for, the Texas Board of Physical Therapy Examiners and the Texas
  75-14  Advisory Board of Occupational Therapy are transferred to the
  75-15  Executive Council of Physical Therapy and Occupational Therapy
  75-16  Examiners.
  75-17        (c)  The rules of the Texas Board of Physical Therapy
  75-18  Examiners and the Texas Advisory Board of Occupational Therapy are
  75-19  continued in effect as rules of the Executive Council of Physical
  75-20  Therapy and Occupational Therapy Examiners until superseded by rule
  75-21  of the new council.
  75-22        (d)  The licenses in effect that were issued by the Texas
  75-23  Board of Physical Therapy Examiners and the Texas Advisory Board of
  75-24  Occupational Therapy are continued in effect as licenses of the
  75-25  Executive Council of Physical Therapy and Occupational Therapy
  75-26  Examiners.
  75-27        SECTION 4.02.  The following laws are repealed:
   76-1              (1)  Section 5, Chapter 836, Acts of the 62nd
   76-2  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
   76-3  Civil Statutes); and
   76-4              (2)  Sections 4, 6 through 14, 19, and 21, Occupational
   76-5  Therapy Title Act (Article 8851, Vernon's Texas Civil Statutes).
   76-6        SECTION 4.03.  This Act takes effect September 1, 1993.
   76-7        SECTION 4.04.  The importance of this legislation and the
   76-8  crowded condition of the calendars in both houses create an
   76-9  emergency and an imperative public necessity that the
  76-10  constitutional rule requiring bills to be read on three several
  76-11  days in each house be suspended, and this rule is hereby suspended.