By: Moncrief S.B. No. 1434
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Texas State Board
1-2 of Examiners of Dietitians and the regulation of dietetics.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3, Licensed Dietitian Act (Article 4512h,
1-5 Vernon's Texas Civil Statutes), is amended by amending Subsections
1-6 (e) through (h) and adding Subsections (i) and (j) to read as
1-7 follows:
1-8 (e) A person is not eligible for appointment as a public
1-9 member of the board if the person or <and> the person's spouse:
1-10 (1) is registered, certified, or <are not> licensed by
1-11 an occupational regulatory agency in the field of dietetics <health
1-12 care>;
1-13 (2) is <are not> employed by or participates <and do
1-14 not participate> in the management of a <an agency or> business
1-15 entity or other organization regulated by the board or receiving
1-16 funds from the board <that provides health-care services or that
1-17 sells, manufactures, or distributes health-care supplies or
1-18 equipment>; <and>
1-19 (3) owns or controls, directly or indirectly, <do not
1-20 own, control, or have a direct or indirect interest in> more than a
1-21 10 percent interest in <of> a business entity or other organization
1-22 regulated by the board or receiving funds from the board; or <that
1-23 provides health-care services or that sells, manufactures, or
1-24 distributes health-care supplies or equipment.>
2-1 (4) uses or receives a substantial amount of tangible
2-2 goods, services, or funds from the board, other than compensation
2-3 or reimbursement authorized by law for board membership,
2-4 attendance, or expenses.
2-5 (f) Appointments <It is the intent of the legislature that
2-6 the membership of the board reflect the historical and cultural
2-7 diversity of the inhabitants of this state; therefore,
2-8 appointments> to the board shall <should> be made without regard to
2-9 the <discrimination based on> race, color, disability <creed>, sex,
2-10 religion, age, or national origin<, or geographical distribution>
2-11 of the appointees.
2-12 (g) An officer, employee, or paid consultant of a Texas
2-13 trade association in the field of dietetics may not be a member or
2-14 employee of the board who is exempt from the state's position
2-15 classification plan or is compensated at or above the amount
2-16 prescribed by the General Appropriations Act for step 1, salary
2-17 group 17, of the position classification salary schedule <A member
2-18 or employee of the board may not be an officer, employee, or paid
2-19 consultant of a trade association in the field of health care>.
2-20 (h) A person who is the spouse of an officer, manager, or
2-21 paid consultant of a Texas trade association in the field of
2-22 dietetics may not be a board member and may not be an employee of
2-23 the board who is exempt from the state's position classification
2-24 plan or is compensated at or above the amount prescribed by the
2-25 General Appropriations Act for step 1, salary group 17, of the
2-26 position classification salary schedule.
2-27 (i) For the purposes of this section, a Texas trade
3-1 association is a nonprofit, cooperative, and voluntarily joined
3-2 association of business or professional competitors in this state
3-3 designed to assist its members and its industry or profession in
3-4 dealing with mutual business or professional problems and in
3-5 promoting their common interest.
3-6 (j) <(h)> A person may not serve as a member of the board or
3-7 act as general counsel to the board if the person <who> is required
3-8 to register as a lobbyist under Chapter 305, Government Code,
3-9 because of the person's activities for compensation on behalf of a
3-10 profession related to the operation of <in a health-related area
3-11 may not serve as a member of the board or act as the general
3-12 counsel to> the board.
3-13 SECTION 2. Section 4, Licensed Dietitian Act (Article 4512h,
3-14 Vernon's Texas Civil Statutes), is amended to read as follows:
3-15 Sec. 4. Grounds for Removal. (a) It is a ground for
3-16 removal from the board if a member:
3-17 (1) does not have at the time of appointment the
3-18 qualifications required for appointment to the board;
3-19 (2) does not maintain during service on the board the
3-20 qualifications required for appointment to the board; <or>
3-21 (3) violates a prohibition established by this Act;
3-22 (4) cannot discharge the member's duties for a
3-23 substantial part of the term for which the member is appointed
3-24 because of illness or disability; or
3-25 (5) is absent from more than half of the regularly
3-26 scheduled board meetings that the member is eligible to attend
3-27 during a calendar year unless the absence is excused by majority
4-1 vote of the board.
4-2 (b) The validity of an action of the board is not affected
4-3 by the fact that it is taken when <If> a ground for removal of a
4-4 member of <from> the board exists<, the board's actions taken
4-5 during the existence of the ground for removal are valid>.
4-6 (c) If the executive secretary has knowledge that a
4-7 potential ground for removal exists, the executive secretary shall
4-8 notify the chairman of the board of the ground. The chairman shall
4-9 then notify the governor that a potential ground for removal
4-10 exists.
4-11 SECTION 3. The Licensed Dietitian Act (Article 4512h,
4-12 Vernon's Texas Civil Statutes) is amended by adding Section 7A to
4-13 read as follows:
4-14 Sec. 7A. PUBLIC INTEREST INFORMATION. (a) The board shall
4-15 prepare information of public interest describing the functions of
4-16 the board and the board's procedures by which complaints are filed
4-17 with and resolved by the board. The board shall make the
4-18 information available to the public and appropriate state agencies.
4-19 (b) The board by rule shall establish methods by which
4-20 consumers and service recipients are notified of the name, mailing
4-21 address, and telephone number of the board for the purpose of
4-22 directing complaints to the board. The board may provide for that
4-23 notification:
4-24 (1) on each registration form, application, or written
4-25 contract for services of an individual or entity regulated by the
4-26 board;
4-27 (2) on a sign prominently displayed in the place of
5-1 business of each individual or entity regulated by the board; or
5-2 (3) in a bill for service provided by an individual or
5-3 entity regulated by the board.
5-4 (c) The board shall list along with its regular telephone
5-5 number the toll-free telephone number that may be called to present
5-6 a complaint about a health professional if the toll-free number is
5-7 established under other state law.
5-8 SECTION 4. The Licensed Dietitian Act (Article 4512h,
5-9 Vernon's Texas Civil Statutes) is amended by adding Section 7B to
5-10 read as follows:
5-11 Sec. 7B. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
5-12 executive secretary or the secretary's designee shall prepare and
5-13 maintain a written policy statement to assure implementation of a
5-14 program of equal employment opportunity under which all personnel
5-15 transactions are made without regard to race, color, disability,
5-16 sex, religion, age, or national origin. The policy statement must
5-17 include:
5-18 (1) personnel policies, including policies relating to
5-19 recruitment, evaluation, selection, application, training, and
5-20 promotion of personnel that are in compliance with the Commission
5-21 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
5-22 and its subsequent amendments;
5-23 (2) a comprehensive analysis of the board work force
5-24 that meets federal and state guidelines;
5-25 (3) procedures by which a determination can be made of
5-26 significant underutilization in the board work force of all persons
5-27 for whom federal or state guidelines encourage a more equitable
6-1 balance; and
6-2 (4) reasonable methods to appropriately address those
6-3 areas of underutilization.
6-4 (b) A policy statement prepared under Subsection (a) of this
6-5 section must cover an annual period, be updated annually, be
6-6 reviewed by the Commission on Human Rights for compliance with
6-7 Subsection (a)(1) of this section, and be filed with the governor's
6-8 office.
6-9 (c) The governor's office shall deliver a biennial report to
6-10 the legislature based on the information received under Subsection
6-11 (b) of this section. The report may be made separately or as part
6-12 of other biennial reports to the legislature.
6-13 SECTION 5. The Licensed Dietitian Act (Article 4512h,
6-14 Vernon's Texas Civil Statutes) is amended by adding Section 7C to
6-15 read as follows:
6-16 Sec. 7C. TRAINING; STANDARDS OF CONDUCT INFORMATION.
6-17 (a) Each board member shall comply with the board member training
6-18 requirements established by any other state agency that is given
6-19 authority to establish the requirements for the board.
6-20 (b) The board shall provide to its members and employees, as
6-21 often as necessary, information regarding their qualifications for
6-22 office or employment under this Act and their responsibilities
6-23 under applicable laws relating to standards of conduct for state
6-24 officers or employees.
6-25 SECTION 6. The Licensed Dietitian Act (Article 4512h,
6-26 Vernon's Texas Civil Statutes) is amended by adding Section 7D to
6-27 read as follows:
7-1 Sec. 7D. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
7-2 shall develop and implement policies that provide the public with a
7-3 reasonable opportunity to appear before the board and to speak on
7-4 any issue under the jurisdiction of the board.
7-5 SECTION 7. The Licensed Dietitian Act (Article 4512h,
7-6 Vernon's Texas Civil Statutes) is amended by adding Section 7E to
7-7 read as follows:
7-8 Sec. 7E. DIVISION OF RESPONSIBILITIES. The board shall
7-9 develop and implement policies that clearly define the respective
7-10 responsibilities of the board and the staff of the board.
7-11 SECTION 8. The Licensed Dietitian Act (Article 4512h,
7-12 Vernon's Texas Civil Statutes) is amended by adding Section 7F to
7-13 read as follows:
7-14 Sec. 7F. PROGRAM ACCESSIBILITY. The board shall prepare and
7-15 maintain a written plan that describes how a person who does not
7-16 speak English can be provided reasonable access to the board's
7-17 programs. The board shall also comply with federal and state laws
7-18 for program and facility accessibility.
7-19 SECTION 9. The Licensed Dietitian Act (Article 4512h,
7-20 Vernon's Texas Civil Statutes) is amended by adding Section 7G to
7-21 read as follows:
7-22 Sec. 7G. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
7-23 (a) The board shall establish a training program for the members
7-24 of the board.
7-25 (b) Before a member of the board may assume the member's
7-26 duties and before the member may be confirmed by the senate, the
7-27 member must complete at least one course of the training program
8-1 established under this section.
8-2 (c) A training program established under this section shall
8-3 provide information to a participant regarding:
8-4 (1) the enabling legislation that created the board to
8-5 which the member is appointed;
8-6 (2) the programs operated by the board;
8-7 (3) the role and functions of the board;
8-8 (4) the rules of the board with an emphasis on the
8-9 rules that relate to disciplinary and investigatory authority;
8-10 (5) the current budget for the board;
8-11 (6) the results of the most recent formal audit of the
8-12 board;
8-13 (7) the requirements of the:
8-14 (A) open meetings law, Chapter 271, Acts of the
8-15 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
8-16 Texas Civil Statutes), and its subsequent amendments;
8-17 (B) open records law, Chapter 424, Acts of the
8-18 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
8-19 Texas Civil Statutes), and its subsequent amendments; and
8-20 (C) Administrative Procedure and Texas Register
8-21 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
8-22 subsequent amendments;
8-23 (8) the requirements of the conflict of interest laws
8-24 and other laws relating to public officials; and
8-25 (9) any applicable ethics policies adopted by the
8-26 board or the Texas Ethics Commission.
8-27 (d) In developing the training requirements provided for in
9-1 this section, the board shall consult with the governor's office,
9-2 the attorney general's office, and the Texas Ethics Commission.
9-3 (e) In the event that another state agency or entity is
9-4 given the authority to establish the training requirements, the
9-5 board shall allow that training in lieu of developing its own
9-6 program.
9-7 SECTION 10. Subsections (a) and (c), Section 8, Licensed
9-8 Dietitian Act (Article 4512h, Vernon's Texas Civil Statutes), are
9-9 amended to read as follows:
9-10 (a) After consultation with the commissioner or the
9-11 department, the board by rule shall set reasonable and necessary
9-12 <the> fees <imposed by this Act> in amounts that are adequate to
9-13 collect sufficient revenue to meet the expenses necessary to
9-14 administer this Act <without accumulating an unnecessary surplus in
9-15 the Licensed Dietitian Act fund created by this section>. The fee
9-16 amounts set by the board may be adjusted so that the total fees
9-17 collected are sufficient to cover the cost of administering this
9-18 Act. The board may not set a fee for an amount less than the
9-19 amount of that fee on September 1, 1993.
9-20 (c) The <Not later than January 1 each year, the> department
9-21 shall file annually with <make a written report to> the governor<,
9-22 lieutenant governor,> and presiding officer of each <speaker of
9-23 the> house of the legislature a complete and detailed written
9-24 report <representatives> accounting for all funds received and
9-25 disbursed by the board or the department for the administration of
9-26 this Act during the preceding fiscal year. The annual report must
9-27 be in the form and reported in the time provided by the General
10-1 Appropriations Act.
10-2 SECTION 11. Section 10, Licensed Dietitian Act (Article
10-3 4512h, Vernon's Texas Civil Statutes), is amended by amending
10-4 Subsection (a) and adding Subsection (f) to read as follows:
10-5 (a) To qualify for a license under this Act, an applicant
10-6 must pass a competency examination. Examinations shall be prepared
10-7 or approved by the board and administered to qualified applicants
10-8 at least twice each calendar year. The board shall have the
10-9 written portion of the examination, if any, validated by an
10-10 independent testing professional.
10-11 (f) The board shall waive the examination requirement for an
10-12 applicant who, at the time of application, is registered as a
10-13 registered dietitian by the Commission on Dietetic Registration.
10-14 SECTION 12. Section 12, Licensed Dietitian Act (Article
10-15 4512h, Vernon's Texas Civil Statutes), is amended to read as
10-16 follows:
10-17 Sec. 12. LICENSE EXPIRATION; RENEWAL; INACTIVE STATUS.
10-18 (a) A license is valid for one year from the date it is issued and
10-19 may be renewed annually.
10-20 (b) The board of health by rule may adopt a system under
10-21 which licenses expire on various dates during the year. For the
10-22 year in which the license expiration date is changed, license fees
10-23 payable on the original expiration date shall be prorated on a
10-24 monthly basis so that each licensee shall pay only that portion of
10-25 the license fee that is allocable to the number of months during
10-26 which the license is valid. On renewal of the license on the new
10-27 expiration date, the total license renewal fee is payable.
11-1 (c) A person may renew an unexpired license by paying to the
11-2 board before the expiration date of the license the required
11-3 renewal fee <to the department before the expiration date of the
11-4 license>.
11-5 (d) If a person's license has been expired for <not more
11-6 than> 90 days or less, the person may renew the license by paying
11-7 to the board <department> the required renewal fee and a <penalty>
11-8 fee that is one-half of the examination <renewal> fee for the
11-9 license.
11-10 (e) If a person's license has been expired for longer <more>
11-11 than 90 days but less than one year <two years>, the person may
11-12 renew the license by paying to the board <department> all unpaid
11-13 renewal fees and a <penalty> fee that is equal to the renewal fee
11-14 for the license.
11-15 (f) If a person's license has been expired one year <two
11-16 years> or longer <more>, the person may not renew the license. The
11-17 person may obtain a new license by <submitting to reexamination
11-18 and> complying with the current requirements and procedures for
11-19 obtaining an original <a> license. However, the board may renew
11-20 without reexamination an expired license of a person who was
11-21 licensed in this state, moved to another state, and is currently
11-22 licensed and has been in practice in the other state for the two
11-23 years preceding application. The person must pay to the board a
11-24 fee that is equal to the examination fee for the license.
11-25 (g) At <The department shall notify each licensee in writing
11-26 of the license expiration date at> least 30 days before the
11-27 expiration of a person's license, the board shall send written
12-1 notice of the impending license expiration to the person at the
12-2 licensee's last known address according to the records of the board
12-3 <that date and shall obtain from the licensee a signed receipt
12-4 confirming receipt of notification>.
12-5 (h) The board by rule may provide for a person who holds a
12-6 license under this Act to be placed on inactive status. Rules
12-7 adopted under this section shall include a time limit for a
12-8 licensee to remain on inactive status.
12-9 SECTION 13. The Licensed Dietitian Act (Article 4512h,
12-10 Vernon's Texas Civil Statutes) is amended by adding Section 12A to
12-11 read as follows:
12-12 Sec. 12A. CONTINUING EDUCATION. (a) The board by rule
12-13 shall establish a minimum number of hours of continuing education
12-14 required to renew a license under this Act. The board may assess
12-15 the continuing education needs of licensees and may require
12-16 licensees to attend continuing education courses specified by the
12-17 board. The board shall develop a process to evaluate and approve
12-18 continuing education courses.
12-19 (b) The board shall identify the key factors for the
12-20 competent performance by a licensee of the licensee's professional
12-21 duties. The board shall adopt a procedure to assess a licensee's
12-22 participation in continuing education programs.
12-23 SECTION 14. Subsection (d), Section 13, Licensed Dietitian
12-24 Act (Article 4512h, Vernon's Texas Civil Statutes), is amended to
12-25 read as follows:
12-26 (d) A provisional license is valid for one year from the
12-27 date it is issued and may be renewed annually not more than twice
13-1 by the same procedures established for renewal under Section 12 of
13-2 this Act if the application for renewal is signed by the
13-3 supervising licensed dietitian.
13-4 SECTION 15. Section 14, Licensed Dietitian Act (Article
13-5 4512h, Vernon's Texas Civil Statutes), is amended to read as
13-6 follows:
13-7 Sec. 14. TEMPORARY LICENSE <RECIPROCITY>. (a) On receipt
13-8 of an application and application fee, the board may grant a
13-9 temporary license to <shall waive the examination requirement for>
13-10 an applicant who<, at the time of application>:
13-11 (1) is licensed in good standing as a dietitian in
13-12 another state, the District of Columbia, or a territory of the
13-13 United States that has licensing requirements that are
13-14 substantially equivalent to the requirements of this Act;
13-15 <registered by the Commission on Dietetic Registration as a
13-16 registered dietitian; or>
13-17 (2) has passed a national or other examination
13-18 recognized by the board relating to dietetics; and
13-19 (3) is sponsored by a person licensed by the board
13-20 under this Act with whom the temporary licensee may practice under
13-21 this section <holds a valid license or certificate as a licensed or
13-22 registered dietitian issued by another state with which this state
13-23 has a reciprocity agreement>.
13-24 (b) An applicant for a temporary license may be excused from
13-25 the requirement of Subsection (a)(3) of this section if the board
13-26 determines that compliance with that subsection constitutes a
13-27 hardship to the applicant.
14-1 (c) A temporary license is valid until the date the board
14-2 approves or denies the temporary licensee's application for a
14-3 license. The board shall issue a license under this Act to the
14-4 holder of a temporary license under this section if:
14-5 (1) the temporary licensee passes the examination
14-6 required by Section 10 of this Act;
14-7 (2) the board verifies that the temporary licensee has
14-8 the academic and experience requirements for a license under this
14-9 Act; and
14-10 (3) the temporary licensee satisfies any other license
14-11 requirements under this Act.
14-12 (d) The board must complete the processing of a temporary
14-13 licensee's application for a license not later than the 180th day
14-14 after the date the temporary license is issued. The board may
14-15 extend this deadline to receive pending examination results.
14-16 SECTION 16. Section 16, Licensed Dietitian Act (Article
14-17 4512h, Vernon's Texas Civil Statutes), is amended to read as
14-18 follows:
14-19 Sec. 16. Complaint File and Status. (a) The board
14-20 <department> shall keep an information file about each complaint
14-21 filed with the board <related to a licensee>.
14-22 (b) If a written complaint is filed with the board that the
14-23 board or department has authority to resolve <relating to a
14-24 licensee>, the board <department>, at least as frequently as
14-25 quarterly and until final disposition of the complaint, shall
14-26 notify the parties to the complaint of the status of the complaint
14-27 unless the notice would jeopardize an undercover investigation
15-1 <until final disposition of the complaint>.
15-2 SECTION 17. The Licensed Dietitian Act (Article 4512h,
15-3 Vernon's Texas Civil Statutes) is amended by adding Section 16A to
15-4 read as follows:
15-5 Sec. 16A. COMPLAINT PROCEDURE IN GENERAL. (a) The board's
15-6 information file shall be kept current and contain a record for
15-7 each complaint of:
15-8 (1) all persons contacted in relation to the
15-9 complaint;
15-10 (2) a summary of findings made at each step of the
15-11 complaint process;
15-12 (3) an explanation of the legal basis and reason for a
15-13 complaint that is dismissed; and
15-14 (4) other relevant information.
15-15 (b) The board by rule shall adopt a form to standardize
15-16 information concerning complaints made to the board. The board by
15-17 rule shall prescribe information to be provided to a person when
15-18 the person files a complaint with the board.
15-19 (c) The board shall provide reasonable assistance to a
15-20 person who wishes to file a complaint with the board.
15-21 SECTION 18. The Licensed Dietitian Act (Article 4512h,
15-22 Vernon's Texas Civil Statutes) is amended by adding Section 16B to
15-23 read as follows:
15-24 Sec. 16B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
15-25 board shall adopt rules concerning the investigation of a complaint
15-26 filed with the board. The rules adopted under this subsection
15-27 shall:
16-1 (1) distinguish between categories of complaints;
16-2 (2) ensure that complaints are not dismissed without
16-3 appropriate consideration;
16-4 (3) require that the board be advised of a complaint
16-5 that is dismissed and that a letter be sent to the person who filed
16-6 the complaint explaining the action taken on the dismissed
16-7 complaint;
16-8 (4) ensure that the person who filed the complaint has
16-9 an opportunity to explain the allegations made in the complaint;
16-10 and
16-11 (5) prescribe guidelines concerning the categories of
16-12 complaints that require the use of a private investigator and the
16-13 procedures for the board to obtain the services of a private
16-14 investigator.
16-15 (b) The board shall dispose of all complaints in a timely
16-16 manner. The board shall establish a schedule for conducting each
16-17 phase of a complaint that is under the control of the board not
16-18 later than the 30th day after the date the complaint is received by
16-19 the board. The schedule shall be kept in the information file for
16-20 the complaint and all parties shall be notified of the projected
16-21 time requirements for pursuing the complaint. A change in the
16-22 schedule must be noted in the complaint information file and all
16-23 parties to the complaint must be notified not later than the
16-24 seventh day after the date the change is made.
16-25 (c) The executive secretary of the board shall notify the
16-26 board of a complaint that extends beyond the time prescribed by the
16-27 board for resolving the complaint so that the board may take
17-1 necessary action on the complaint.
17-2 SECTION 19. The Licensed Dietitian Act (Article 4512h,
17-3 Vernon's Texas Civil Statutes) is amended by adding Section 16C to
17-4 read as follows:
17-5 Sec. 16C. INFORMAL PROCEEDINGS. (a) The board by rule
17-6 shall adopt procedures governing:
17-7 (1) informal disposition of a contested case under
17-8 Section 13(e), Administrative Procedure and Texas Register Act
17-9 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
17-10 subsequent amendments; and
17-11 (2) informal proceedings held in compliance with
17-12 Section 18(c), Administrative Procedure and Texas Register Act
17-13 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
17-14 subsequent amendments.
17-15 (b) Rules adopted under this section must provide the
17-16 complainant and the licensee an opportunity to be heard and must
17-17 require the presence of a representative of the office of the
17-18 attorney general or the board's legal counsel to advise the board
17-19 or board's employees.
17-20 SECTION 20. The Licensed Dietitian Act (Article 4512h,
17-21 Vernon's Texas Civil Statutes) is amended by adding Section 16D to
17-22 read as follows:
17-23 Sec. 16D. MONITORING OF LICENSEE. The board by rule shall
17-24 develop a system for monitoring a licensee's compliance with the
17-25 requirements of this Act. Rules adopted under this section shall
17-26 include procedures for monitoring a licensee who is ordered by the
17-27 board to perform certain acts to ascertain that the licensee
18-1 performs the required acts and to identify and monitor licensees
18-2 who represent a risk to the public.
18-3 SECTION 21. Section 17, Licensed Dietitian Act (Article
18-4 4512h, Vernon's Texas Civil Statutes), is amended by amending
18-5 Subsection (a) and adding Subsections (e) and (f) to read as
18-6 follows:
18-7 (a) The board shall revoke or suspend a license, place on
18-8 probation a person whose <probate a> license has been suspended
18-9 <suspension>, or reprimand a licensee for <on proof of>:
18-10 (1) any violation of this Act; or
18-11 (2) any violation of a rule or code of ethics adopted
18-12 by the board.
18-13 (e) If a license suspension is probated, the board may
18-14 require the licensee to:
18-15 (1) report regularly to the board on matters that are
18-16 the basis of the probation;
18-17 (2) limit practice to the areas prescribed by the
18-18 board; or
18-19 (3) continue or review continuing professional
18-20 education until the licensee attains a degree of skill satisfactory
18-21 to the board in those areas that are the basis of the probation.
18-22 (f) The schedule of sanctions adopted by the board by rule
18-23 shall be used by the State Office of Administrative Hearings for
18-24 any sanction imposed as the result of a hearing conducted by that
18-25 office.
18-26 SECTION 22. Section 19, Licensed Dietitian Act (Article
18-27 4512h, Vernon's Texas Civil Statutes), is amended to read as
19-1 follows:
19-2 Sec. 19. SUNSET PROVISION. The Texas State Board of
19-3 Examiners of Dietitians is subject to Chapter 325, Government Code
19-4 (Texas Sunset Act). Unless continued in existence as provided by
19-5 that chapter, the board is abolished September 1, 2005 <1993>.
19-6 SECTION 23. This Act takes effect September 1, 1993.
19-7 SECTION 24. The importance of this legislation and the
19-8 crowded condition of the calendars in both houses create an
19-9 emergency and an imperative public necessity that the
19-10 constitutional rule requiring bills to be read on three several
19-11 days in each house be suspended, and this rule is hereby suspended.