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