By:  Parker                                           S.B. No. 1425
       73R6980 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of marriage and family therapists and to
    1-3  the continuation and operation of the Texas State Board of
    1-4  Examiners of Marriage and Family Therapists; providing penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 3(b), Licensed Marriage and Family
    1-7  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
    1-8  amended to read as follows:
    1-9        (b)  Appointments to the board shall be made without regard
   1-10  to the race, color, disability <handicap>, sex, religion, age, or
   1-11  national origin of the appointee.
   1-12        SECTION 2.  Section 4, Licensed Marriage and Family Therapist
   1-13  Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended to
   1-14  read as follows:
   1-15        Sec. 4.  Sunset provision.  <(a)>  The Texas State Board of
   1-16  Examiners of Marriage and Family Therapists is subject to Chapter
   1-17  325, Government Code (Texas Sunset Act).  Unless continued in
   1-18  existence as provided by that chapter, the board is abolished and
   1-19  this Act expires September 1, 2005 <1993>.
   1-20        <(b)  The board shall cooperate with the Sunset Advisory
   1-21  Commission in the commission's review of those agencies that
   1-22  license or regulate mental health professionals and will be
   1-23  reviewed for the Regular Session of the 73rd Legislature in 1993.
   1-24  The board shall assist the Sunset Advisory Commission in
    2-1  determining the extent to which the agencies that license or
    2-2  regulate mental health professionals should be combined into a
    2-3  single agency.>
    2-4        SECTION 3.  Section 9, Licensed Marriage and Family Therapist
    2-5  Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended to
    2-6  read as follows:
    2-7        Sec. 9.  Restrictions on appointment, membership, and
    2-8  employment.  (a)  A member of the board or an employee of the
    2-9  department who performs functions for the board may not<:>
   2-10              <(1)  be an officer, employee, or paid consultant of a
   2-11  trade association in the field of marriage and family therapy or a
   2-12  related mental health field;>
   2-13              <(2)  be related within the second degree by affinity
   2-14  or within the third degree by consanguinity to a person who is an
   2-15  officer, employee, or paid consultant of a trade association in the
   2-16  field of marriage and family therapy or a related mental health
   2-17  field; or>
   2-18              <(3)>  communicate directly or indirectly with a party
   2-19  or the party's representative to a proceeding pending before the
   2-20  board if the member or employee is assigned to make a decision, a
   2-21  finding of fact, or a conclusion of law in the proceeding, unless
   2-22  notice and an opportunity to participate are given to each party to
   2-23  the proceeding.
   2-24        (b)  An officer, employee, or paid consultant of a Texas
   2-25  trade association in the field of health care may not be a member
   2-26  or employee of the board who is exempt from the state's position
   2-27  classification plan or is compensated at or above the amount
    3-1  prescribed by the General Appropriations Act for step 1, salary
    3-2  group 17, of the position classification salary schedule.
    3-3        (c)  A person who is the spouse of an officer, manager, or
    3-4  paid consultant of a Texas trade association in the field of health
    3-5  care may not be a board member and may not be an employee of the
    3-6  board who is exempt from the state's position classification plan
    3-7  or is compensated at or above the amount prescribed by the General
    3-8  Appropriations Act for step 1, salary group 17, of the position
    3-9  classification salary schedule.
   3-10        (d)  For the purposes of this section, a Texas trade
   3-11  association is a nonprofit, cooperative, and voluntarily joined
   3-12  association of business or professional competitors in this state
   3-13  designed to assist its members and its industry or profession in
   3-14  dealing with mutual business or professional problems and in
   3-15  promoting their common interest.
   3-16        (e)  A person is not eligible for appointment as a public
   3-17  member of the board 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 board
   3-22  or receiving funds from the board;
   3-23              (3)  owns or controls, directly or indirectly, more
   3-24  than 10 percent interest in a business entity or other organization
   3-25  regulated by the board or receiving funds from the board; or
   3-26              (4)  uses or receives a substantial amount of tangible
   3-27  goods, services, or funds from the board, other than compensation
    4-1  or reimbursement authorized by law for board membership,
    4-2  attendance, or expenses.
    4-3        (f)  <A public member of the board or the spouse of a public
    4-4  member may not have been or be related to a person within the
    4-5  second degree by affinity or the third degree by consanguinity who
    4-6  has, except as a consumer, a financial interest in the field of
    4-7  marriage and family therapy or a related mental health field.>
    4-8        <(c)>  A person may not serve as a member of the board or act
    4-9  as general counsel to the board if the person is required to
   4-10  register as a lobbyist under Chapter 305, Government Code, because
   4-11  of the person's activities for compensation on behalf of a
   4-12  profession related to the operation of the board.
   4-13        SECTION 4.  Section 11, Licensed Marriage and Family
   4-14  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
   4-15  amended by amending Subsections (b) and (c) and adding Subsections
   4-16  (d)-(h) to read as follows:
   4-17        (b)  The board shall keep an information file about each
   4-18  complaint filed with the board.  The board's information file shall
   4-19  be kept current and contain a record for each complaint of:
   4-20              (1)  all persons contacted in relation to the
   4-21  complaint;
   4-22              (2)  a summary of findings made at each step of the
   4-23  complaint process;
   4-24              (3)  an explanation of the legal basis and reason for a
   4-25  complaint that is dismissed; and
   4-26              (4)  other relevant information <that the board has
   4-27  authority to resolve>.
    5-1        (c)  If a written complaint is filed with the board that the
    5-2  board has authority to resolve, the board, at least quarterly and
    5-3  until final disposition of the complaint, shall notify the parties
    5-4  to the complaint of the status of the complaint unless notice would
    5-5  jeopardize an undercover investigation.
    5-6        (d)  The board of health by rule shall adopt a form to
    5-7  standardize information concerning complaints made to the board.
    5-8  The board of health by rule shall prescribe information to be
    5-9  provided to a person when the person files a complaint with the
   5-10  board.
   5-11        (e)  The board shall provide reasonable assistance to a
   5-12  person who wishes to file a complaint with the board.
   5-13        (f) <(c)>  The board shall develop and implement policies
   5-14  that provide the public with a reasonable opportunity to appear
   5-15  before the board and to speak on any issue under the jurisdiction
   5-16  of the board.
   5-17        (g)  The board of health by rule shall establish methods by
   5-18  which consumers and service recipients are notified of the name,
   5-19  mailing address, and telephone number of the board for the purpose
   5-20  of directing complaints to the board.  The board of health may
   5-21  provide for that notification:
   5-22              (1)  on each registration form, application, or written
   5-23  contract for services of an individual or entity regulated by the
   5-24  board;
   5-25              (2)  on a sign prominently displayed in the place of
   5-26  business of each individual or entity regulated by the board; or
   5-27              (3)  in a bill for service provided by an individual or
    6-1  entity regulated by the board.
    6-2        (h)  The board shall list along with its regular telephone
    6-3  number the toll-free telephone number that may be called to present
    6-4  a complaint about a health professional if the toll-free number is
    6-5  established under other state law.
    6-6        SECTION 5.  The Licensed Marriage and Family Therapist Act
    6-7  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
    6-8  adding Sections 11A, 11B, and 11C to read as follows:
    6-9        Sec. 11A.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
   6-10  board of health shall adopt rules concerning the investigation of a
   6-11  complaint filed with the board.  The rules adopted under this
   6-12  subsection shall:
   6-13              (1)  distinguish between categories of complaints;
   6-14              (2)  ensure that complaints are not dismissed without
   6-15  appropriate consideration;
   6-16              (3)  require that the board be advised of a complaint
   6-17  that is dismissed and that a letter be sent to the person who filed
   6-18  the complaint explaining the action taken on the dismissed
   6-19  complaint;
   6-20              (4)  ensure that the person who filed the complaint has
   6-21  an opportunity to explain the allegations made in the complaint;
   6-22  and
   6-23              (5)  prescribe guidelines concerning the categories of
   6-24  complaints that require the use of a private investigator and the
   6-25  procedures for the board to obtain the services of a private
   6-26  investigator.
   6-27        (b)  The board shall dispose of all complaints in a timely
    7-1  manner.  The board shall establish a schedule for conducting each
    7-2  phase of a complaint that is under the control of the board not
    7-3  later than the 30th day after the date the complaint is received by
    7-4  the board.  The schedule shall be kept in the information file for
    7-5  the complaint and all parties shall be notified of the projected
    7-6  time requirements for pursuing the complaint.  A change in the
    7-7  schedule must be noted in the complaint information file and all
    7-8  parties to the complaint must be notified not later than the
    7-9  seventh day after the date the change is made.
   7-10        (c)  The executive director of the board shall notify the
   7-11  board of a complaint that extends beyond the time prescribed by the
   7-12  board for resolving the complaint so that the board may take
   7-13  necessary action on the complaint.
   7-14        Sec. 11B.  INFORMAL PROCEEDINGS.  (a)  The board of health by
   7-15  rule shall adopt procedures governing:
   7-16              (1)  informal disposition of a contested case under
   7-17  Section 13(e), Administrative Procedure and Texas Register Act
   7-18  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   7-19  subsequent amendments; and
   7-20              (2)  informal proceedings held in compliance with
   7-21  Section 18(c), Administrative Procedure and Texas Register Act
   7-22  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   7-23  subsequent amendments.
   7-24        (b)  Rules adopted under this section must provide the
   7-25  complainant and the license holder an opportunity to be heard and
   7-26  must require the presence of an attorney to advise the board or
   7-27  board's employees.  The attorney must be a member of the board's
    8-1  legal staff if the board has a legal staff.  If the board does not
    8-2  have a legal staff, the attorney must be an employee of the office
    8-3  of the attorney general.
    8-4        Sec. 11C.  MONITORING OF LICENSE HOLDER.  The board of health
    8-5  by rule shall develop a system for monitoring license holders'
    8-6  compliance with the requirements of this Act.  Rules adopted under
    8-7  this section shall include procedures for monitoring a license
    8-8  holder who is ordered by the board to perform certain acts to
    8-9  ascertain that the license holder performs the required acts and to
   8-10  identify and monitor license holders who represent a risk to the
   8-11  public.
   8-12        SECTION 6.  Sections 12(a), (b), and (c), Licensed Marriage
   8-13  and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
   8-14  Statutes), are amended to read as follows:
   8-15        (a)  The board of health shall by rule establish reasonable
   8-16  and necessary <set> fees so that the fees, in the aggregate,
   8-17  produce sufficient revenue to cover the cost of administering <for
   8-18  licenses, license renewals, examinations, and all other
   8-19  administrative expenses under> this Act.
   8-20        (b)  The fees set by the board of health may be adjusted so
   8-21  that the total fees collected are sufficient to meet the expenses
   8-22  of administering this Act.  The board of health may not set a fee
   8-23  for an amount less than the amount of that fee on September 1, 1993
   8-24  <The board of health shall set the fees in amounts that are
   8-25  reasonable and necessary to cover administrative costs>.
   8-26        (c)  The marriage and family therapists licensing account is
   8-27  created in the General Revenue Fund and may be used only by the
    9-1  board of health and the department in the administration of this
    9-2  Act.  All money paid to <Fees received by> the board of health
    9-3  under this Act shall be deposited in the General Revenue Fund to
    9-4  the credit of the account.
    9-5        SECTION 7.  Section 14, Licensed Marriage and Family
    9-6  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
    9-7  amended by adding Subsection (d) to read as follows:
    9-8        (d)  The board shall develop and implement policies that
    9-9  clearly define the respective responsibilities of the board and the
   9-10  staff of the board.
   9-11        SECTION 8.  The Licensed Marriage and Family Therapist Act
   9-12  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
   9-13  adding Section 14A to read as follows:
   9-14        Sec. 14A.  PERSONNEL POLICIES.  (a)  The executive director
   9-15  or the executive director's designee shall develop an intra-agency
   9-16  career ladder program.  The program shall require intra-agency
   9-17  posting of all nonentry level positions concurrently with any
   9-18  public posting.
   9-19        (b)  The executive director or the executive director's
   9-20  designee shall develop a system of annual performance evaluations
   9-21  based on measurable job tasks.  All merit pay for board employees
   9-22  must be based on the system established under this subsection.
   9-23        SECTION 9.  The Licensed Marriage and Family Therapist Act
   9-24  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
   9-25  adding Section 14B to read as follows:
   9-26        Sec. 14B.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The
   9-27  executive director or the executive director's designee shall
   10-1  prepare and maintain a written policy statement to ensure
   10-2  implementation of a program of equal employment opportunity under
   10-3  which all personnel transactions are made without regard to race,
   10-4  color, disability, sex, religion, age, or national origin.  The
   10-5  policy statement must include:
   10-6              (1)  personnel policies, including policies relating to
   10-7  recruitment, evaluation, selection, application, training, and
   10-8  promotion of personnel that are in compliance with the Commission
   10-9  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
  10-10  and its subsequent amendments;
  10-11              (2)  a comprehensive analysis of the board workforce
  10-12  that meets federal and state guidelines;
  10-13              (3)  procedures by which a determination can be made of
  10-14  significant underuse in the board workforce of all persons for whom
  10-15  federal or state guidelines encourage a more equitable balance; and
  10-16              (4)  reasonable methods to appropriately address those
  10-17  areas of underuse.
  10-18        (b)  A policy statement prepared under Subsection (a) of this
  10-19  section must cover an annual period, be updated annually, be
  10-20  reviewed by the Commission on Human Rights for compliance with
  10-21  Subsection (a)(1) of this section, and be filed with the governor's
  10-22  office.
  10-23        (c)  The governor's office shall deliver a biennial report to
  10-24  the legislature based on the information received under Subsection
  10-25  (b) of this section.  The report may be made separately or as part
  10-26  of other biennial reports to the legislature.
  10-27        SECTION 10.  The Licensed Marriage and Family Therapist Act
   11-1  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
   11-2  adding Section 14C to read as follows:
   11-3        Sec. 14C.  PROGRAM ACCESSIBILITY.  The board shall prepare
   11-4  and maintain a written plan that describes how a person who does
   11-5  not speak English can be provided reasonable access to the board's
   11-6  programs.  The board shall also comply with federal and state laws
   11-7  for program and facility accessibility.
   11-8        SECTION 11.  The Licensed Marriage and Family Therapist Act
   11-9  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
  11-10  adding Section 14D to read as follows:
  11-11        Sec. 14D.  TRAINING; STANDARDS OF CONDUCT INFORMATION.  (a)
  11-12  Each board member shall comply with the board member training
  11-13  requirements established by any other state agency that is given
  11-14  authority to establish the requirements for the board.
  11-15        (b)  The board shall provide to its members and employees, as
  11-16  often as necessary, information regarding their qualifications for
  11-17  office or employment under this Act and their responsibilities
  11-18  under applicable laws relating to standards of conduct for state
  11-19  officers or employees.
  11-20        SECTION 12.  Sections 19(a) and (d), Licensed Marriage and
  11-21  Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
  11-22  Statutes), are amended to read as follows:
  11-23        (a)  Unless exempted from the examination requirement under
  11-24  Section 30 of this Act or by a determination of the board based on
  11-25  the applicant's education and professional experience, each
  11-26  applicant for a license under this Act must pass an examination
  11-27  prescribed by the board.  The board shall have the written portion
   12-1  of the examination, if any, validated by an independent testing
   12-2  professional and approved by the commissioner of health.  The
   12-3  examination may be composed of:
   12-4              (1)  a written examination;
   12-5              (2)  a field examination, through questionnaires
   12-6  answered by the applicant's instructors, employers, supervisors, or
   12-7  other persons who are competent in the judgment of the board to
   12-8  assess the applicant's professional ability, and that may include
   12-9  written case studies and taped interviews;
  12-10              (3)  an oral examination; or
  12-11              (4)  any combination of those examinations.
  12-12        (d)  Unless the examination is graded or reviewed by a
  12-13  national testing service, the board shall notify each examinee of
  12-14  the results of the examination not later than the 30th day after
  12-15  the day on which a licensing examination is administered under this
  12-16  Act <30 days after the examination date>.  However, if  <If> the
  12-17  examination is <so> graded or reviewed by a national testing
  12-18  service, the board shall notify each examinee of the results not
  12-19  later than the 14th day <15 days> after the date on which the board
  12-20  receives the results from the national testing service.  If the
  12-21  notice of examination results graded or reviewed by a national
  12-22  testing service will be delayed for more than 90 days after the
  12-23  examination date, the board shall notify each examinee of the
  12-24  reason for the delay before <not later than> the 90th day <after
  12-25  the examination date>.
  12-26        SECTION 13.  Section 20, Licensed Marriage and Family
  12-27  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
   13-1  amended by adding Subsection (c) to read as follows:
   13-2        (c)  The board of health by rule may provide for the issuance
   13-3  of a temporary license.  Rules adopted under this subsection shall
   13-4  include a time limit for a temporary license.
   13-5        SECTION 14.  Section 21, Licensed Marriage and Family
   13-6  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
   13-7  amended to read as follows:
   13-8        Sec. 21.  License renewal.  (a)  A license issued under this
   13-9  Act is subject to annual renewal.  The board shall adopt a system
  13-10  under which licenses expire on various dates during the year.
  13-11        (b)  A license holder may renew an unexpired license by
  13-12  paying to the board <the renewal fee> before the expiration date of
  13-13  the license the required renewal fee.
  13-14        (c)  If a person's license has been expired for <less than>
  13-15  90 days or less, the person may renew the license by paying to the
  13-16  board the required renewal fee and a fee that is one-half of the
  13-17  examination fee for the license <the unpaid renewal fees plus a
  13-18  late renewal fee in an amount determined by the board>.
  13-19        (d)  If a person's license has been expired for longer than
  13-20  90 days but less than one year, the person may renew the license by
  13-21  paying to the board all unpaid renewal fees and a fee that is equal
  13-22  to the examination fee for the license.
  13-23        (e)  If the person's license has been expired for one year or
  13-24  longer <90 days or more>, the person may not renew the license.
  13-25  The person may obtain a new license by submitting to reexamination
  13-26  and complying with the requirements and procedures for obtaining an
  13-27  original license.  However, the board may renew without
   14-1  reexamination an expired license of a person who was licensed in
   14-2  this state, moved to another state, and is currently licensed and
   14-3  has been in practice in the other state for the two years preceding
   14-4  application.  The person must pay to the board a fee that is equal
   14-5  to the examination fee for the license.
   14-6        (f) <(e)>  The board shall notify each license holder in
   14-7  writing of the pending license expiration not later than the 30th
   14-8  day before the date on which the license expires.
   14-9        (g) <(f)>  The board shall establish a mandatory <may prepare
  14-10  or approve> continuing education program <programs> for license
  14-11  holders <and may require each license holder to participate in an
  14-12  approved continuing education program in order to renew a license
  14-13  issued under this Act>.
  14-14        (h)  The board of health by rule shall establish a minimum
  14-15  number of hours of continuing education required to renew a license
  14-16  under this Act.  The board may assess the continuing education
  14-17  needs of license holders and may require license holders to attend
  14-18  continuing education courses specified by the board.   The board of
  14-19  health by rule shall develop a process to evaluate and approve
  14-20  continuing education courses.
  14-21        (i)  The board shall identify the key factors for the
  14-22  competent performance by a license holder of the license holder's
  14-23  professional duties.  The board shall implement a procedure to
  14-24  assess a license holder's participation in continuing education
  14-25  programs.
  14-26        SECTION 15.  Section 22, Licensed Marriage and Family
  14-27  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
   15-1  amended to read as follows:
   15-2        Sec. 22.  PROVISIONAL LICENSE BY ENDORSEMENT <RECIPROCITY>.
   15-3  (a)  The board may grant a provisional license to a  <A> person who
   15-4  is licensed or otherwise registered as a marriage and family
   15-5  therapist by another state or other jurisdiction, whose
   15-6  requirements for licensing or registration were, on the date of the
   15-7  licensing or registration, substantially equal to those prescribed
   15-8  by this Act<, is entitled to a license without examination on
   15-9  submission of an application form and payment of an administrative
  15-10  fee>.  An applicant for a provisional license under this section
  15-11  must:
  15-12              (1)  be licensed in good standing as a marriage and
  15-13  family therapist in another state or jurisdiction that has
  15-14  licensing requirements that are substantially equivalent to the
  15-15  requirements of this Act;
  15-16              (2)  have passed a national or other examination
  15-17  recognized by the board relating to marriage and family therapy;
  15-18  and
  15-19              (3)  be sponsored by a person licensed by the board
  15-20  under this Act with whom the provisional license holder may
  15-21  practice under this section.
  15-22        (b)  An applicant for a provisional license may be excused
  15-23  from the requirement of Subsection (a)(3) of this section if the
  15-24  board determines that compliance with that subsection constitutes a
  15-25  hardship to the applicant.
  15-26        (c)  A provisional license is valid until the date the board
  15-27  approves or denies the provisional license holder's application for
   16-1  a license.  The board shall issue a license under this Act to the
   16-2  holder of a provisional license under this section if:
   16-3              (1)  the provisional license holder passes the
   16-4  examination required by Section 19 of this Act;
   16-5              (2)  the board verifies that the provisional license
   16-6  holder has the academic and experience requirements for a license
   16-7  under this Act; and
   16-8              (3)  the provisional license holder satisfies any other
   16-9  license requirements under this Act.
  16-10        (d)  The board must complete the processing of a provisional
  16-11  license holder's application for a license not later than the 180th
  16-12  day after the date the provisional license is issued.
  16-13        SECTION 16.  Section 25, Licensed Marriage and Family
  16-14  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
  16-15  amended to read as follows:
  16-16        Sec. 25.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE; CIVIL
  16-17  PENALTY.  (a)  The  <After a hearing, the> board shall <may deny,>
  16-18  suspend<,> or revoke a license, place on probation a person whose
  16-19  license has been suspended, or reprimand <or otherwise discipline>
  16-20  a license holder if <the applicant for license or> the license
  16-21  holder has:
  16-22              (1)  been convicted of a felony or a misdemeanor
  16-23  involving moral turpitude;
  16-24              (2)  obtained or attempted to obtain registration by
  16-25  fraud or deception;
  16-26              (3)  used drugs or alcohol to an extent that affects
  16-27  professional competence;
   17-1              (4)  been grossly negligent in performing professional
   17-2  duties;
   17-3              (5)  been adjudicated mentally incompetent by a court
   17-4  of competent jurisdiction;
   17-5              (6)  practiced in a manner detrimental to the public
   17-6  health or welfare;
   17-7              (7)  advertised in a manner that tends to deceive or
   17-8  defraud the public;
   17-9              (8)  had a license or certification revoked by a
  17-10  licensing agency or by a certifying professional organization; or
  17-11              (9)  otherwise violated this Act or a rule or code of
  17-12  ethics adopted under this Act.
  17-13        (b)  A person who violates this Act or a rule or order
  17-14  adopted by the board of health under this Act is subject to a civil
  17-15  penalty of $1,000 for each day of violation.  At the request of the
  17-16  board or department, the attorney general shall bring an action to
  17-17  recover a civil penalty authorized under this subsection.
  17-18        (c)  If a license suspension is probated, the board may
  17-19  require the license holder to:
  17-20              (1)  report regularly to the board on matters that are
  17-21  the basis of the probation;
  17-22              (2)  limit practice to the areas prescribed by the
  17-23  board; or
  17-24              (3)  continue or review continuing professional
  17-25  education until the license holder attains a degree of skill
  17-26  satisfactory to the board in those areas that are the basis of the
  17-27  probation.
   18-1        (d)  A license holder is entitled to a hearing before the
   18-2  State Office of Administrative Hearings before a sanction is
   18-3  imposed under this section.
   18-4        (e)  The board of health by rule shall adopt a broad schedule
   18-5  of sanctions for violations under this Act.  The State Office of
   18-6  Administrative Hearings shall use the schedule for any sanction
   18-7  imposed as the result of a hearing conducted by that office.
   18-8        SECTION 17.  The Licensed Marriage and Family Therapist Act
   18-9  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
  18-10  adding Section 25A to read as follows:
  18-11        Sec. 25A.  ADMINISTRATIVE PENALTY.  (a)  The commissioner of
  18-12  health may impose an administrative penalty against a person
  18-13  licensed or regulated under this Act who violates this Act or a
  18-14  rule or order adopted by the board of health under this Act.
  18-15        (b)  The penalty for a violation may be in an amount not to
  18-16  exceed $1,000.  Each day a violation continues or occurs is a
  18-17  separate violation for purposes of imposing a penalty.
  18-18        (c)  The amount of the penalty shall be based on:
  18-19              (1)  the seriousness of the violation, including the
  18-20  nature, circumstances, extent, and gravity of any prohibited acts,
  18-21  and the hazard or potential hazard created to the health, safety,
  18-22  or economic welfare of the public;
  18-23              (2)  the economic harm to property or the environment
  18-24  caused by the violation;
  18-25              (3)  the history of previous violations;
  18-26              (4)  the amount necessary to deter future violations;
  18-27              (5)  efforts to correct the violation; and
   19-1              (6)  any other matter that justice may require.
   19-2        (d)  If the commissioner of health determines that a
   19-3  violation has occurred, the commissioner may issue to the board a
   19-4  report that states the facts on which the determination is based
   19-5  and the commissioner's recommendation on the imposition of a
   19-6  penalty, including a recommendation on the amount of the penalty.
   19-7        (e)  Within 14 days after the date the report is issued, the
   19-8  commissioner shall give written notice of the report to the person.
   19-9  The notice may be given by certified mail.  The notice must include
  19-10  a brief summary of the alleged violation and a statement of the
  19-11  amount of the recommended penalty and must inform the person that
  19-12  the person has a right to a hearing on the occurrence of the
  19-13  violation, the amount of the penalty, or both the occurrence of the
  19-14  violation and the amount of the penalty.
  19-15        (f)  Within 20 days after the date the person receives the
  19-16  notice, the person in writing may accept the determination and
  19-17  recommended penalty of the commissioner or may make a written
  19-18  request for a hearing on the occurrence of the violation, the
  19-19  amount of the penalty, or both the occurrence of the violation and
  19-20  the amount of the penalty.
  19-21        (g)  If the person accepts the determination and recommended
  19-22  penalty of the commissioner, the board of health by order shall
  19-23  approve the determination and impose the recommended penalty.
  19-24        (h)  If the person requests a hearing or fails to respond
  19-25  timely to the notice, the department shall set a hearing and give
  19-26  notice of the hearing to the person.  The hearing shall be held by
  19-27  a hearing examiner designated by the department.  The hearing
   20-1  examiner shall make findings of fact and conclusions of law and
   20-2  promptly issue to the board a proposal for a decision about the
   20-3  occurrence of the violation and the amount of a proposed penalty.
   20-4  Based on the findings of fact, conclusions of law, and proposal for
   20-5  a decision, the board of health by order may find that a violation
   20-6  has occurred and impose a penalty or may find that no violation
   20-7  occurred.
   20-8        (i)  The notice of the board of health's order given to the
   20-9  person under the Administrative Procedure and Texas Register Act
  20-10  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  20-11  subsequent amendments, must include a statement of the right of the
  20-12  person to judicial review of the order.
  20-13        (j)  Within 30 days after the date the board of health's
  20-14  order is final as provided by Section 16(c), Administrative
  20-15  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  20-16  Civil Statutes), and its subsequent amendments, the person shall:
  20-17              (1)  pay the amount of the penalty;
  20-18              (2)  pay the amount of the penalty and file a petition
  20-19  for judicial review contesting the occurrence of the violation, the
  20-20  amount of the penalty, or both the occurrence of the violation and
  20-21  the amount of the penalty; or
  20-22              (3)  without paying the amount of the penalty, file a
  20-23  petition for judicial review contesting the occurrence of the
  20-24  violation, the amount of the penalty, or both the occurrence of the
  20-25  violation and the amount of the penalty.
  20-26        (k)  Within the 30-day period, a person who acts under
  20-27  Subsection (j)(3) of this section may:
   21-1              (1)  stay enforcement of the penalty by:
   21-2                    (A)  paying the amount of the penalty to the
   21-3  court for placement in an escrow account; or
   21-4                    (B)  giving to the court a supersedeas bond that
   21-5  is approved by the court for the amount of the penalty and that is
   21-6  effective until all judicial review of the board of health's order
   21-7  is final; or
   21-8              (2)  request the court to stay enforcement of the
   21-9  penalty by:
  21-10                    (A)  filing with the court a sworn affidavit of
  21-11  the person stating that the person is financially unable to pay the
  21-12  amount of the penalty and is financially unable to give the
  21-13  supersedeas bond; and
  21-14                    (B)  giving a copy of the affidavit to the
  21-15  commissioner of health by certified mail.
  21-16        (l)  If the commissioner of health receives a copy of an
  21-17  affidavit under Subsection (k)(2) of this section, the commissioner
  21-18  may file with the court, within five days after the date the copy
  21-19  is received, a contest to the affidavit.  The court shall hold a
  21-20  hearing on the facts alleged in the affidavit as soon as
  21-21  practicable and shall stay the enforcement of the penalty on
  21-22  finding that the alleged facts are true.  The person who files an
  21-23  affidavit has the burden of proving that the person is financially
  21-24  unable to pay the amount of the penalty and to give a supersedeas
  21-25  bond.
  21-26        (m)  If the person does not pay the amount of the penalty and
  21-27  the enforcement of the penalty is not stayed, the commissioner of
   22-1  health may refer the matter to the attorney general for collection
   22-2  of the amount of the penalty.
   22-3        (n)  Judicial review of the order of the board of health:
   22-4              (1)  is instituted by filing a petition as provided by
   22-5  Section 19, Administrative Procedure and Texas Register Act
   22-6  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   22-7  subsequent amendments; and
   22-8              (2)  is under the substantial evidence rule.
   22-9        (o)  If the court sustains the occurrence of the violation,
  22-10  the court may uphold or reduce the amount of the penalty and order
  22-11  the person to pay the full or reduced amount of the penalty.  If
  22-12  the court does not sustain the occurrence of the violation, the
  22-13  court shall order that no penalty is owed.
  22-14        (p)  When the judgment of the court becomes final, the court
  22-15  shall proceed under this subsection.  If the person paid the amount
  22-16  of the penalty and if that amount is reduced or is not upheld by
  22-17  the court, the court shall order that the appropriate amount plus
  22-18  accrued interest be remitted to the person.  The rate of the
  22-19  interest is the rate charged on loans to depository institutions by
  22-20  the New York Federal Reserve Bank, and the interest shall be paid
  22-21  for the period beginning on the date the penalty was paid and
  22-22  ending on the date the penalty is remitted.  If the person gave a
  22-23  supersedeas bond and if the amount of the penalty is not upheld by
  22-24  the court, the court shall order the release of the bond.  If the
  22-25  person gave a supersedeas bond and if the amount of the penalty is
  22-26  reduced, the court shall order the release of the bond after the
  22-27  person pays the amount.
   23-1        (q)  A penalty collected under this section shall be remitted
   23-2  to the comptroller for deposit in the general revenue fund.
   23-3        (r)  All proceedings under this section are subject to the
   23-4  Administrative Procedure and Texas Register Act (Article 6252-13a,
   23-5  Vernon's Texas Civil Statutes) and its subsequent amendments.
   23-6        SECTION 18.  The Licensed Marriage and Family Therapist Act
   23-7  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
   23-8  adding Section 27A to read as follows:
   23-9        Sec. 27A.  COMPETITIVE BIDDING; ADVERTISING.  (a)  The board
  23-10  of health may not adopt rules restricting competitive bidding or
  23-11  advertising by a person regulated by the board except to prohibit
  23-12  false, misleading, or deceptive practices by the person.
  23-13        (b)  The board of health may not include in its rules to
  23-14  prohibit false, misleading, or deceptive practices by a person
  23-15  regulated by the board a rule that:
  23-16              (1)  restricts the use of any medium for advertising;
  23-17              (2)  restricts the person's personal appearance or use
  23-18  of the person's voice in an advertisement;
  23-19              (3)  relates to the size or duration of an
  23-20  advertisement by the person; or
  23-21              (4)  restricts the person's advertisement under a trade
  23-22  name.
  23-23        SECTION 19.  (a)  The changes in law made by this Act to the
  23-24  requirements for membership on the Texas State Board of Examiners
  23-25  of Marriage and Family Therapists apply only to an appointment made
  23-26  on or after the effective date of this Act and do not affect the
  23-27  entitlement of a member serving on the board immediately before the
   24-1  effective date of this Act to continue to hold office for the
   24-2  remainder of the term for which the person was appointed.
   24-3        (b)  The changes in law made by this Act relating to a civil
   24-4  or administrative penalty apply only to a violation of the Licensed
   24-5  Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
   24-6  Civil Statutes) or a rule or order adopted by the Texas Board of
   24-7  Health that occurs on or after the effective date of this Act.  A
   24-8  violation occurs on or after the effective date of this Act only if
   24-9  each element of the violation occurs on or after that date.  A
  24-10  violation that occurs before the effective date of this Act is
  24-11  governed by the law in effect on the date the violation occurred,
  24-12  and the former law is continued in effect for this purpose.
  24-13        SECTION 20.  On and after January 1, 1994, the State Office
  24-14  of Administrative Hearings shall assume responsibility for hearings
  24-15  held with respect to contested cases arising under the Licensed
  24-16  Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
  24-17  Civil Statutes) and its subsequent amendments.  The Texas State
  24-18  Board of Examiners of Marriage and Family Therapists and the chief
  24-19  administrative law judge of the State Office of Administrative
  24-20  Hearings may agree to transfer contested cases pending before the
  24-21  board to the State Office of Administrative Hearings before January
  24-22  1, 1994.
  24-23        SECTION 21.  The Texas Board of Health shall adopt rules
  24-24  required by this Act not later than December 31, 1993.
  24-25        SECTION 22.  This Act takes effect September 1, 1993.
  24-26        SECTION 23.  The importance of this legislation and the
  24-27  crowded condition of the calendars in both houses create an
   25-1  emergency and an imperative public necessity that the
   25-2  constitutional rule requiring bills to be read on three several
   25-3  days in each house be suspended, and this rule is hereby suspended.