By Uher H.B. No. 2069
Substitute the following for H.B. No. 2069:
By Berlanga C.S.H.B. No. 2069
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to continuation and functions of the Texas State Board of
1-3 Examiners of Dietitians and the regulation of dietetics; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1, Licensed Dietitian Act (Article 4512h,
1-7 Vernon's Texas Civil Statutes), is amended to read as follows:
1-8 Sec. 1. Short Title. This Act may be cited as the Licensed
1-9 Dietitian Act.
1-10 SECTION 2. Sections 2(4), (6), (7), and (8), Licensed
1-11 Dietitian Act (Article 4512h, Vernon's Texas Civil Statutes), are
1-12 amended to read as follows:
1-13 (4) "Board" means the Texas State Board of Examiners
1-14 of Dietitians.
1-15 (6) "Dietetics" means the professional discipline of
1-16 applying and integrating scientific principles of nutrition under
1-17 different health, social, cultural, physical, psychological, and
1-18 economic conditions to the proper nourishment, care, and education
1-19 of individuals or groups throughout the life cycle. The term
1-20 includes without limitation the development, management, and
1-21 provision of nutritional services.
1-22 (7) "Licensed dietitian" means a person licensed under
1-23 this Act.
2-1 (8) "Provisional licensed dietitian means a person
2-2 provisionally licensed under this Act.
2-3 SECTION 3. Section 3, Licensed Dietitian Act (Article 4512h,
2-4 Vernon's Texas Civil Statutes), is amended by amending Subsections
2-5 (a), (b), and (d)-(h) and adding Subsections (i) and (j) to read as
2-6 follows:
2-7 (a) The Texas State Board of Examiners of Dietitians is
2-8 created.
2-9 (b) The board is composed of nine members. Three members
2-10 must be members of the general public. Six members must be
2-11 dietitians licensed under this Act.
2-12 (d) The professional discipline of dietetics includes five
2-13 primary areas of expertise: clinical, educational, management,
2-14 consultation, and community. In making the six professional
2-15 appointments to the board, the governor shall consider and attempt
2-16 to accomplish a continuing balance of representation among these
2-17 areas of expertise. Following the fourth anniversary date of the
2-18 effective date of this Act, a licensee eligible for appointment as
2-19 a professional board member must have been a licensed dietitian
2-20 under this Act for at least three years before his appointment to
2-21 the board.
2-22 (e) A person is not eligible for appointment as a public
2-23 member of the board if the person or <and> the person's spouse:
2-24 (1) is registered, certified, or <are not> licensed by
2-25 an occupational regulatory agency in the field of dietetics <health
3-1 care>;
3-2 (2) is <are not> employed by or participates <and do
3-3 not participate> in the management of a <an agency or> business
3-4 entity or other organization regulated by the board or receiving
3-5 funds from the board <that provides health-care services or that
3-6 sells, manufactures, or distributes health-care supplies or
3-7 equipment>; <and>
3-8 (3) owns or controls, directly or indirectly, <do not
3-9 own, control, or have a direct or indirect interest in> more than a
3-10 10 percent interest in <of> a business entity or other organization
3-11 regulated by the board or receiving funds from the board; or <that
3-12 provides health-care services or that sells, manufactures, or
3-13 distributes health-care supplies or equipment.>
3-14 (4) uses or receives a substantial amount of tangible
3-15 goods, services, or funds from the board, other than compensation
3-16 or reimbursement authorized by law for board membership,
3-17 attendance, or expenses.
3-18 (f) Appointments <It is the intent of the legislature that
3-19 the membership of the board reflect the historical and cultural
3-20 diversity of the inhabitants of this state; therefore,
3-21 appointments> to the board shall <should> be made without regard to
3-22 the <discrimination based on> race, color, disability <creed>, sex,
3-23 religion, age, or national origin<, or geographical distribution>
3-24 of the appointees.
3-25 (g) An officer, employee, or paid consultant of a Texas
4-1 trade association in the field of dietetics may not be a member or
4-2 employee of the board who is exempt from the state's position
4-3 classification plan or is compensated at or above the amount
4-4 prescribed by the General Appropriations Act for step 1, salary
4-5 group 17, of the position classification salary schedule <A member
4-6 or employee of the board may not be an officer, employee, or paid
4-7 consultant of a trade association in the field of health care>.
4-8 (h) A person who is the spouse of an officer, manager, or
4-9 paid consultant of a Texas trade association in the field of
4-10 dietetics may not be a board member and may not be an employee of
4-11 the board who is exempt from the state's position classification
4-12 plan or is compensated at or above the amount prescribed by the
4-13 General Appropriations Act for step 1, salary group 17, of the
4-14 position classification salary schedule.
4-15 (i) For the purposes of this section, a Texas trade
4-16 association is a nonprofit, cooperative, and voluntarily joined
4-17 association of business or professional competitors in this state
4-18 designed to assist its members and its industry or profession in
4-19 dealing with mutual business or professional problems and in
4-20 promoting their common interest.
4-21 (j) <(h)> A person may not serve as a member of the board or
4-22 act as general counsel to the board if the person <who> is required
4-23 to register as a lobbyist under Chapter 305, Government Code,
4-24 because of the person's activities for compensation on behalf of a
4-25 profession related to the operation of <in a health-related area
5-1 may not serve as a member of the board or act as the general
5-2 counsel to> the board.
5-3 SECTION 4. Section 4, Licensed Dietitian Act (Article 4512h,
5-4 Vernon's Texas Civil Statutes), is amended to read as follows:
5-5 Sec. 4. Grounds for Removal. (a) It is a ground for
5-6 removal from the board if a member:
5-7 (1) does not have at the time of appointment the
5-8 qualifications required for appointment to the board;
5-9 (2) does not maintain during service on the board the
5-10 qualifications required for appointment to the board; <or>
5-11 (3) violates a prohibition established by this Act;
5-12 (4) cannot discharge the member's term for a
5-13 substantial part of the term for which the member is appointed
5-14 because of illness or disability; or
5-15 (5) is absent from more than half of the regularly
5-16 scheduled board meetings that the member is eligible to attend
5-17 during a calendar year unless the absence is excused by majority
5-18 vote of the board.
5-19 (b) The validity of an action of the board is not affected
5-20 by the fact that it is taken when <If> a ground for removal of a
5-21 member of <from> the board exists<, the board's actions taken
5-22 during the existence of the ground for removal are valid>.
5-23 (c) If the executive secretary has knowledge that a
5-24 potential ground for removal exists, the executive secretary shall
5-25 notify the chairman of the board of the ground. The chairman shall
6-1 then notify the governor that a potential ground for removal
6-2 exists.
6-3 SECTION 5. The Licensed Dietitian Act (Article 4512h,
6-4 Vernon's Texas Civil Statutes) is amended by adding Section 7A to
6-5 read as follows:
6-6 Sec. 7A. PUBLIC INTEREST INFORMATION. (a) The board shall
6-7 prepare information of public interest describing the functions of
6-8 the board and the board's procedures by which complaints are filed
6-9 with and resolved by the board. The board shall make the
6-10 information available to the public and appropriate state agencies.
6-11 (b) The board by rule shall establish methods by which
6-12 consumers and service recipients are notified of the name, mailing
6-13 address, and telephone number of the board for the purpose of
6-14 directing complaints to the board. The board may provide for that
6-15 notification:
6-16 (1) on each registration form, application, or written
6-17 contract for services of an individual or entity regulated by the
6-18 board;
6-19 (2) on a sign prominently displayed in the place of
6-20 business of each individual or entity regulated by the board; or
6-21 (3) in a bill for service provided by an individual or
6-22 entity regulated by the board.
6-23 (c) The board shall list along with its regular telephone
6-24 number the toll-free telephone number that may be called to present
6-25 a complaint about a health professional if the toll-free number is
7-1 established under other state law.
7-2 SECTION 6. The Licensed Dietitian Act (Article 4512h,
7-3 Vernon's Texas Civil Statutes) is amended by adding Section 7B to
7-4 read as follows:
7-5 Sec. 7B. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
7-6 executive secretary or the secretary's designee shall prepare and
7-7 maintain a written policy statement to assure implementation of a
7-8 program of equal employment opportunity under which all personnel
7-9 transactions are made without regard to race, color, disability,
7-10 sex, religion, age, or national origin. The policy statement must
7-11 include:
7-12 (1) personnel policies, including policies relating to
7-13 recruitment, evaluation, selection, application, training, and
7-14 promotion of personnel that are in compliance with the Commission
7-15 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
7-16 and its subsequent amendments;
7-17 (2) a comprehensive analysis of the board workforce
7-18 that meets federal and state guidelines;
7-19 (3) procedures by which a determination can be made of
7-20 significant underuse in the board workforce of all persons for whom
7-21 federal or state guidelines encourage a more equitable balance; and
7-22 (4) reasonable methods to appropriately address those
7-23 areas of underuse.
7-24 (b) A policy statement prepared under Subsection (a) of this
7-25 section must cover an annual period, be updated annually, be
8-1 reviewed by the Commission on Human Rights for compliance with
8-2 Subsection (a)(1) of this section, and be filed with the governor's
8-3 office.
8-4 (c) The governor's office shall deliver a biennial report to
8-5 the legislature based on the information received under Subsection
8-6 (b) of this section. The report may be made separately or as part
8-7 of other biennial reports to the legislature.
8-8 SECTION 7. The Licensed Dietitian Act (Article 4512h,
8-9 Vernon's Texas Civil Statutes) is amended by adding Section 7C to
8-10 read as follows:
8-11 Sec. 7C. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
8-12 Each board member shall comply with the board member training
8-13 requirements established by any other state agency that is given
8-14 authority to establish the requirements for the board.
8-15 (b) The board shall provide to its members and employees, as
8-16 often as necessary, information regarding their qualifications for
8-17 office or employment under this Act and their responsibilities
8-18 under applicable laws relating to standards of conduct for state
8-19 officers or employees.
8-20 SECTION 8. The Licensed Dietitian Act (Article 4512h,
8-21 Vernon's Texas Civil Statutes) is amended by adding Section 7D to
8-22 read as follows:
8-23 Sec. 7D. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
8-24 shall develop and implement policies that provide the public with a
8-25 reasonable opportunity to appear before the board and to speak on
9-1 any issue under the jurisdiction of the board.
9-2 SECTION 9. The Licensed Dietitian Act (Article 4512h,
9-3 Vernon's Texas Civil Statutes) is amended by adding Section 7E to
9-4 read as follows:
9-5 Sec. 7E. DIVISION OF RESPONSIBILITIES. The board shall
9-6 develop and implement policies that clearly define the respective
9-7 responsibilities of the board and the staff of the board.
9-8 SECTION 10. The Licensed Dietitian Act (Article 4512h,
9-9 Vernon's Texas Civil Statutes) is amended by adding Section 7F to
9-10 read as follows:
9-11 Sec. 7F. PROGRAM ACCESSIBILITY. The board shall prepare and
9-12 maintain a written plan that describes how a person who does not
9-13 speak English can be provided reasonable access to the board's
9-14 programs. The board shall also comply with federal and state laws
9-15 for program and facility accessibility.
9-16 SECTION 11. The Licensed Dietitians Act (Article 4512h,
9-17 Vernon's Texas Civil Statutes) is amended by adding Section 7G to
9-18 read as follows:
9-19 Sec. 7G. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
9-20 (a) The board shall establish a training program for the members
9-21 of the board.
9-22 (b) Before a member of a board may assume the member's
9-23 duties and before the member may be confirmed by the Senate, the
9-24 member must complete at least one course of the training program
9-25 established under this section.
10-1 (c) A training program established under this section shall
10-2 provide information to a participant regarding:
10-3 (1) the enabling legislation that created the board to
10-4 which the member is appointed;
10-5 (2) the programs operated by the agency;
10-6 (3) the role and functions of the agency;
10-7 (4) the rules of the agency with an emphasis on the
10-8 rules that relate to disciplinary and investigatory authority;
10-9 (5) the current budget for the agency;
10-10 (6) the results of the most recent formal audit of the
10-11 agency;
10-12 (7) the requirements of the:
10-13 (A) open meetings law, Chapter 271, Acts of the
10-14 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
10-15 Texas Civil Statutes), and its subsequent amendments;
10-16 (B) open records law, Chapter 424, Acts of the
10-17 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
10-18 Texas Civil Statutes), and its subsequent amendments; and
10-19 (C) Administrative Procedure and Texas Register
10-20 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
10-21 subsequent amendments;
10-22 (8) the requirements of the conflict of interest laws
10-23 and other laws relating to public officials; and
10-24 (9) any applicable ethics policies adopted by that
10-25 state agency or the Texas Ethics Commission.
11-1 (d) In developing the training requirements provided for in
11-2 this section, the board shall consult with the governor's office,
11-3 the attorney general's office, and the ethics commission.
11-4 (e) In the event that another state agency or entity is
11-5 given the authority to establish the training requirements, the
11-6 board shall allow that training in lieu of developing its own
11-7 program.
11-8 SECTION 12. Sections 8(a), (b), and (c), Licensed Dietitian
11-9 Act (Article 4512h, Vernon's Texas Civil Statutes), are amended to
11-10 read as follows:
11-11 (a) After consultation with the commissioner or the
11-12 department, the board by rule shall set reasonable and necessary
11-13 <the> fees <imposed by this Act> in amounts that are adequate to
11-14 collect sufficient revenue to meet the expenses necessary to
11-15 administer this Act <without accumulating an unnecessary surplus in
11-16 the Licensed Dietitian Act fund created by this section>. The fee
11-17 amounts set by the board may be adjusted so that the total fees
11-18 collected are sufficient to cover the cost of administering this
11-19 Act. The board may not set a fee for an amount less than the
11-20 amount of that fee on September 1, 1993.
11-21 (b) The department shall receive and account for funds
11-22 derived under this Act. The funds shall be deposited in the State
11-23 Treasury to the credit of a special fund to be known as the
11-24 Licensed Dietitian Act fund to be used only for the administration
11-25 of this Act.
12-1 (c) The <Not later than January 1 each year, the> department
12-2 shall file annually with <make a written report to> the governor<,
12-3 lieutenant governor,> and presiding officer of each <speaker of
12-4 the> house of the legislature a complete and detailed written
12-5 report <representatives> accounting for all funds received and
12-6 disbursed by the board or the department for the administration of
12-7 this Act during the preceding fiscal year. The annual report must
12-8 be in the form and reported in the time provided by the General
12-9 Appropriations Act.
12-10 SECTION 13. Section 9(a), Licensed Dietitian Act (Article
12-11 4512h, Vernon's Texas Civil Statutes), is amended to read as
12-12 follows:
12-13 (a) An applicant for a dietitian license must submit a sworn
12-14 application, accompanied by the application fee.
12-15 SECTION 14. Section 10, Licensed Dietitian Act (Article
12-16 4512h, Vernon's Texas Civil Statutes), is amended by amending
12-17 Subsection (a) and adding Subsection (f) to read as follows:
12-18 (a) To qualify for a license under this Act, an applicant
12-19 must pass a competency examination. Examinations shall be prepared
12-20 or approved by the board and administered to qualified applicants
12-21 at least twice each calendar year. The board shall have the
12-22 written portion of the examination, if any, validated by an
12-23 independent testing professional.
12-24 (f) The board shall waive the examination requirement for an
12-25 applicant who, at the time of application, is registered as
13-1 registered dietitian by the Commission on Dietetic Registration.
13-2 SECTION 15. Section 11(a), Licensed Dietitian Act (Article
13-3 4512h, Vernon's Texas Civil Statutes), is amended to read as
13-4 follows:
13-5 (a) A person who meets the licensing qualifications under
13-6 this Act is entitled to receive a license certificate as a licensed
13-7 dietitian.
13-8 SECTION 15. Section 12, Licensed Dietitian Act (Article
13-9 4512h, Vernon's Texas Civil Statutes), is amended to read as
13-10 follows:
13-11 Sec. 12. LICENSE EXPIRATION; RENEWAL; INACTIVE STATUS.
13-12 (a) A license is valid for one year from the date it is issued and
13-13 may be renewed annually.
13-14 (b) The board of health by rule may adopt a system under
13-15 which licenses expire on various dates during the year. For the
13-16 year in which the license expiration date is changed, license fees
13-17 payable on the original expiration date shall be prorated on a
13-18 monthly basis so that each licensee shall pay only that portion of
13-19 the license fee that is allocable to the number of months during
13-20 which the license is valid. On renewal of the license on the new
13-21 expiration date, the total license renewal fee is payable.
13-22 (c) A person may renew an unexpired license by paying to the
13-23 board before the expiration date of the license the required
13-24 renewal fee <to the department before the expiration date of the
13-25 license>.
14-1 (d) If a person's license has been expired for <not more
14-2 than> 90 days or less, the person may renew the license by paying
14-3 to the board <department> the required renewal fee and a <penalty>
14-4 fee that is one-half of the examination <renewal> fee for the
14-5 license.
14-6 (e) If a person's license has been expired for longer <more>
14-7 than 90 days but less than one year <two years>, the person may
14-8 renew the license by paying to the board <department> all unpaid
14-9 renewal fees and a <penalty> fee that is equal to the renewal fee
14-10 for the license.
14-11 (f) If a person's license has been expired one year <two
14-12 years> or longer <more>, the person may not renew the license. The
14-13 person may obtain a new license by <submitting to reexamination
14-14 and> complying with the current requirements and procedures for
14-15 obtaining an original <a> license. However, the board may renew
14-16 without reexamination an expired license of a person who was
14-17 licensed in this state, moved to another state, and is currently
14-18 licensed and has been in practice in the other state for the two
14-19 years preceding application. The person must pay to the board a
14-20 fee that is equal to the examination fee for the license.
14-21 (g) At <The department shall notify each licensee in writing
14-22 of the license expiration date at> least 30 days before the
14-23 expiration of a person's license, the board shall send written
14-24 notice of the impending license expiration to the person at the
14-25 licensee's last known address according to the records of the board
15-1 <that date and shall obtain from the licensee a signed receipt
15-2 confirming receipt of notification>.
15-3 (h) The board by rule may provide for a person who holds a
15-4 license under this Act to be placed on inactive status. Rules
15-5 adopted under this section shall include a time limit for a
15-6 licensee to remain on inactive status.
15-7 SECTION 17. The Licensed Dietitian Act (Article 4512h,
15-8 Vernon's Texas Civil Statutes) is amended by adding Section 12A to
15-9 read as follows:
15-10 Sec. 12A. CONTINUING EDUCATION. (a) The board by rule
15-11 shall establish a minimum number of hours of continuing education
15-12 required to renew a license under this Act. The board may assess
15-13 the continuing education needs of licensees and may require
15-14 licensees to attend continuing education courses specified by the
15-15 board. The board shall develop a process to evaluate and approve
15-16 continuing education courses.
15-17 (b) The board shall identify the key factors for the
15-18 competent performance by a licensee of the licensee's professional
15-19 duties. The board shall adopt a procedure to assess a licensee's
15-20 participation in continuing education programs.
15-21 SECTION 18. Section 13, Licensed Dietitian Act (Article
15-22 4512h, Vernon's Texas Civil Statutes), is amended to read as
15-23 follows:
15-24 Sec. 13. PROVISIONAL LICENSE. (a) A license to use the
15-25 title of provisional licensed dietitian/nutritionist may be issued
16-1 by the board on the filing of an application, payment of an
16-2 application fee, and the submission of evidence of the successful
16-3 completion of the educational requirement under Section 9 of this
16-4 Act. The initial application shall be signed by the supervising
16-5 licensed dietitian.
16-6 (b) A provisional licensed dietitian shall be under the
16-7 supervision and direction of a licensed dietitian.
16-8 (c) A person qualified for a provisional license under this
16-9 Act is entitled to receive a license certificate as a provisional
16-10 licensed dietitian A provisional licensed dietitian must comply
16-11 with Subsections (b) and (c) of Section 11 of this Act.
16-12 (d) A provisional license is valid for one year from the
16-13 date it is issued and may be renewed annually not more than twice
16-14 by the same procedures established for renewal under Section 12 of
16-15 this Act if the application for renewal is signed by the
16-16 supervising licensed dietitian.
16-17 SECTION 19. Section 14, Licensed Dietitian Act (Article
16-18 4512h, Vernon's Texas Civil Statutes), is amended to read as
16-19 follows:
16-20 Sec. 14. TEMPORARY LICENSE <RECIPROCITY>. (a) On receipt
16-21 of an application and application fee, the board may grant a
16-22 temporary license to <shall waive the examination requirement for>
16-23 an applicant who<, at the time of application>:
16-24 (1) is licensed in good standing as a dietitian in
16-25 another state, the District of Columbia, or a territory of the
17-1 United States that has licensing requirements that are
17-2 substantially equivalent to the requirements of this Act;
17-3 <registered by the Commission on Dietetic Registration as a
17-4 registered dietitian; or>
17-5 (2) has passed a national or other examination
17-6 recognized by the board relating to dietetics; and
17-7 (3) is sponsored by a person licensed by the board
17-8 under this Act with whom the provisional licensee may practice
17-9 under this section <holds a valid license or certificate as a
17-10 licensed or registered dietitian issued by another state with which
17-11 this state has a reciprocity agreement>.
17-12 (b) An applicant for a temporary license may be excused from
17-13 the requirement of Subsection (a)(3) of this section if the board
17-14 determines that compliance with that subsection constitutes a
17-15 hardship to the applicant.
17-16 (c) A temporary license is valid until the date the board
17-17 approves or denies the temporary licensee's application for a
17-18 license. The board shall issue a license under this Act to the
17-19 holder of a temporary license under this section if:
17-20 (1) the temporary licensee passes the examination
17-21 required by Section 10 of this Act;
17-22 (2) the board verifies that the temporary licensee has
17-23 the academic and experience requirements for a license under this
17-24 Act; and
17-25 (3) the temporary licensee satisfies any other license
18-1 requirements under this Act.
18-2 (d) The board must complete the processing of a temporary
18-3 licensee's application for a license not later than the 180th day
18-4 after the date the temporary license is issued. The board may
18-5 extend this deadline to receive pending examination results.
18-6 SECTION 20. Section 15(a), Licensed Dietitian Act (Article
18-7 4512h, Vernon's Texas Civil Statutes), is amended to read as
18-8 follows:
18-9 (a) A person may not use the title or represent or imply
18-10 that he has the title of "licensed dietitian," "provisional
18-11 licensed dietitian," "dietitian" or "provisional licensed
18-12 dietitian" <"licensed dietitian" or "provisional licensed
18-13 dietitian"> or use the letters "LD," "PLD" <"LD" or "PLD"> and may
18-14 not use any facsimile of those titles in any manner to indicate or
18-15 imply that the person is a licensed dietitian, <or> provisional
18-16 licensed dietitian, licensed dietitian, or provisional licensed
18-17 dietitian, unless the person holds an appropriate license issued
18-18 under this Act.
18-19 SECTION 21. Section 16, Licensed Dietitian Act (Article
18-20 4512h, Vernon's Texas Civil Statutes), is amended to read as
18-21 follows:
18-22 Sec. 16. Complaint File and Status. (a) The board
18-23 <department> shall keep an information file about each complaint
18-24 filed with the board <related to a licensee>.
18-25 (b) If a written complaint is filed with the board that the
19-1 board or department has authority to resolve <relating to a
19-2 licensee>, the board <department>, at least as frequently as
19-3 quarterly and until final disposition of the complaint, shall
19-4 notify the parties to the complaint of the status of the complaint
19-5 unless the notice would jeopardize an undercover investigation
19-6 <until final disposition of the complaint>.
19-7 SECTION 22. The Licensed Dietitian Act (Article 4512h,
19-8 Vernon's Texas Civil Statutes) is amended by adding Section 16A to
19-9 read as follows:
19-10 Sec. 16A. COMPLAINT PROCEDURE IN GENERAL. (a) The board's
19-11 information file shall be kept current and contain a record for
19-12 each complaint of:
19-13 (1) all persons contacted in relation to the
19-14 complaint;
19-15 (2) a summary of findings made at each step of the
19-16 complaint process;
19-17 (3) an explanation of the legal basis and reason for a
19-18 complaint that is dismissed; and
19-19 (4) other relevant information.
19-20 (b) The board by rule shall adopt a form to standardize
19-21 information concerning complaints made to the board. The board by
19-22 rule shall prescribe information to be provided to a person when
19-23 the person files a complaint with the board.
19-24 (c) The board shall provide reasonable assistance to a
19-25 person who wishes to file a complaint with the board.
20-1 SECTION 23. The Licensed Dietitian Act (Article 4512h,
20-2 Vernon's Texas Civil Statutes) is amended by adding Section 16B to
20-3 read as follows:
20-4 Sec. 16B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
20-5 board shall adopt rules concerning the investigation of a complaint
20-6 filed with the board. The rules adopted under this subsection
20-7 shall:
20-8 (1) distinguish between categories of complaints;
20-9 (2) ensure that complaints are not dismissed without
20-10 appropriate consideration;
20-11 (3) require that the board be advised of a complaint
20-12 that is dismissed and that a letter be sent to the person who filed
20-13 the complaint explaining the action taken on the dismissed
20-14 complaint;
20-15 (4) ensure that the person who filed the complaint has
20-16 an opportunity to explain the allegations made in the complaint;
20-17 and
20-18 (5) prescribe guidelines concerning the categories of
20-19 complaints that require the use of a private investigator and the
20-20 procedures for the board to obtain the services of a private
20-21 investigator.
20-22 (b) The board shall dispose of all complaints in a timely
20-23 manner. The board shall establish a schedule for conducting each
20-24 phase of a complaint that is under the control of the board not
20-25 later than the 30th day after the date the complaint is received by
21-1 the board. The schedule shall be kept in the information file for
21-2 the complaint and all parties shall be notified of the projected
21-3 time requirements for pursuing the complaint. A change in the
21-4 schedule must be noted in the complaint information file and all
21-5 parties to the complaint must be notified not later than the
21-6 seventh day after the date the change is made.
21-7 (c) The executive secretary of the board shall notify the
21-8 board of a complaint that extends beyond the time prescribed by the
21-9 board for resolving the complaint so that the board may take
21-10 necessary action on the complaint.
21-11 SECTION 24. The Licensed Dietitian Act (Article 4512h,
21-12 Vernon's Texas Civil Statutes) is amended by adding Section 16C to
21-13 read as follows:
21-14 Sec. 16C. INFORMAL PROCEEDINGS. (a) The board by rule
21-15 shall adopt procedures governing:
21-16 (1) informal disposition of a contested case under
21-17 Section 13(e), Administrative Procedure and Texas Register Act
21-18 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
21-19 subsequent amendments; and
21-20 (2) informal proceedings held in compliance with
21-21 Section 18(c), Administrative Procedure and Texas Register Act
21-22 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
21-23 subsequent amendments.
21-24 (b) Rules adopted under this section must provide the
21-25 complainant and the licensee an opportunity to be heard and must
22-1 require the presence of a representative of the office of the
22-2 attorney general or the board's legal counsel to advise the board
22-3 or board's employees.
22-4 SECTION 25. The Licensed Dietitian Act (Article 4512h,
22-5 Vernon's Texas Civil Statutes) is amended by adding Section 16D to
22-6 read as follows:
22-7 Sec. 16D. MONITORING OF LICENSEE. The board by rule shall
22-8 develop a system for monitoring a licensee's compliance with the
22-9 requirements of this Act. Rules adopted under this section shall
22-10 include procedures for monitoring a licensee who is ordered by the
22-11 board to perform certain acts to ascertain that the licensee
22-12 performs the required acts and to identify and monitor licensees
22-13 who represent a risk to the public.
22-14 SECTION 26. Section 17, Licensed Dietitian Act (Article
22-15 4512h, Vernon's Texas Civil Statutes), is amended by amending
22-16 Subsection (a) and adding Subsections (e) and (f) to read as
22-17 follows:
22-18 (a) The board shall revoke or suspend a license, place on
22-19 probation a person whose <probate a> license has been suspended
22-20 <suspension>, or reprimand a licensee for <on proof of>:
22-21 (1) any violation of this Act; or
22-22 (2) any violation of a rule or code of ethics adopted
22-23 by the board.
22-24 (e) If a license suspension is probated, the board may
22-25 require the licensee to:
23-1 (1) report regularly to the board on matters that are
23-2 the basis of the probation;
23-3 (2) limit practice to the areas prescribed by the
23-4 board; or
23-5 (3) continue or review continuing professional
23-6 education until the licensee attains a degree of skill satisfactory
23-7 to the board in those areas that are the basis of the probation.
23-8 (f) The schedule of sanctions adopted by the board by rule
23-9 shall be used by the State Office of Administrative Hearings for
23-10 any sanction imposed as the result of a hearing conducted by that
23-11 office.
23-12 SECTION 27. Section 18, Licensed Dietitian Act (Article
23-13 4512h, Vernon's Texas Civil Statutes), is amended to read as
23-14 follows:
23-15 Sec. 18. DUTIES OF BOARD OF HEALTH. For the purpose of
23-16 implementing this Act, the board of health:
23-17 (1) shall request and receive any necessary assistance
23-18 of state educational institutions or other state agencies;
23-19 (2) shall prepare information of consumer interest
23-20 describing the regulatory functions of the board, the procedures by
23-21 which consumer complaints are filed and resolved, and the
23-22 profession of dietetics;
23-23 (3) shall prepare a registry of licensed dietitians
23-24 and provisional licensed dietitians and make this information
23-25 available to the general public, licensees, and appropriate state
24-1 agencies; and
24-2 (4) may request the attorney general or the
24-3 appropriate county or district attorney to institute a suit to
24-4 enjoin a violation of this Act in addition to any other action,
24-5 proceeding, or remedy authorized by law.
24-6 SECTION 28. Section 19, Licensed Dietitian Act (Article
24-7 4512h, Vernon's Texas Civil Statutes), is amended to read as
24-8 follows:
24-9 Sec. 19. SUNSET PROVISION. The Texas State Board of
24-10 Examiners of Dietitians is subject to Chapter 325, Government Code
24-11 (Texas Sunset Act). Unless continued in existence as provided by
24-12 that chapter, the board is abolished September 1, 2005 <1993>.
24-13 SECTION 29. This Act takes effect September 1, 1993.
24-14 SECTION 30. The importance of this legislation and the
24-15 crowded condition of the calendars in both houses create an
24-16 emergency and an imperative public necessity that the
24-17 constitutional rule requiring bills to be read on three several
24-18 days in each house be suspended, and this rule is hereby suspended.