By: Moncrief S.B. No. 1434
73R9391 JMM-F
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 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Licensed Dietitian Act (Article 4512h,
1-6 Vernon's Texas Civil Statutes), is amended to read as follows:
1-7 Sec. 1. Short Title. This Act may be cited as the Licensed
1-8 Dietitian/Nutritionist Act.
1-9 SECTION 2. Sections 2(4), (6), (7), and (8), Licensed
1-10 Dietitian Act (Article 4512h, Vernon's Texas Civil Statutes), are
1-11 amended to read as follows:
1-12 (4) "Board" means the Texas State Board of Examiners
1-13 of Dietitians/Nutritionists.
1-14 (6) "Dietetics/nutrition" means the professional
1-15 discipline of applying and integrating scientific principles of
1-16 nutrition under different health, social, cultural, physical,
1-17 psychological, and economic conditions to the proper nourishment,
1-18 care, and education of individuals or groups throughout the life
1-19 cycle. The term includes without limitation the development,
1-20 management, and provision of nutritional services.
1-21 (7) "Licensed dietitian/nutritionist" means a person
1-22 licensed under this Act.
1-23 (8) "Provisional licensed dietitian/nutritionist"
1-24 means a person provisionally licensed under this Act.
2-1 SECTION 3. Section 3, Licensed Dietitian Act (Article 4512h,
2-2 Vernon's Texas Civil Statutes), is amended by amending Subsections
2-3 (a), (b), and (d)-(h) and adding Subsections (i) and (j) to read as
2-4 follows:
2-5 (a) The Texas State Board of Examiners of
2-6 Dietitians/Nutritionists is created.
2-7 (b) The board is composed of nine members. Three members
2-8 must be members of the general public. Six members must be
2-9 dietitians/nutritionists licensed under this Act.
2-10 (d) The professional discipline of dietetics/nutrition
2-11 includes five primary areas of expertise: clinical, educational,
2-12 management, consultation, and community. In making the six
2-13 professional appointments to the board, the governor shall consider
2-14 and attempt to accomplish a continuing balance of representation
2-15 among these areas of expertise. Following the fourth anniversary
2-16 date of the effective date of this Act, a licensee eligible for
2-17 appointment as a professional board member must have been a
2-18 licensed dietitian/nutritionist under this Act for at least three
2-19 years before his appointment to the board.
2-20 (e) A person is not eligible for appointment as a public
2-21 member of the board if the person or <and> the person's spouse:
2-22 (1) is registered, certified, or <are not> licensed by
2-23 an occupational regulatory agency in the field of
2-24 dietetics/nutrition <health care>;
2-25 (2) is <are not> employed by or participates <and do
2-26 not participate> in the management of a <an agency or> business
2-27 entity or other organization regulated by the board or receiving
3-1 funds from the board <that provides health-care services or that
3-2 sells, manufactures, or distributes health-care supplies or
3-3 equipment>; <and>
3-4 (3) owns or controls, directly or indirectly, <do not
3-5 own, control, or have a direct or indirect interest in> more than a
3-6 10 percent interest in <of> a business entity or other organization
3-7 regulated by the board or receiving funds from the board; or <that
3-8 provides health-care services or that sells, manufactures, or
3-9 distributes health-care supplies or equipment.>
3-10 (4) uses or receives a substantial amount of tangible
3-11 goods, services, or funds from the board, other than compensation
3-12 or reimbursement authorized by law for board membership,
3-13 attendance, or expenses.
3-14 (f) Appointments <It is the intent of the legislature that
3-15 the membership of the board reflect the historical and cultural
3-16 diversity of the inhabitants of this state; therefore,
3-17 appointments> to the board shall <should> be made without regard to
3-18 the <discrimination based on> race, color, disability <creed>, sex,
3-19 religion, age, or national origin<, or geographical distribution>
3-20 of the appointees.
3-21 (g) An officer, employee, or paid consultant of a Texas
3-22 trade association in the field of dietetics/nutrition may not be a
3-23 member or employee of the board who is exempt from the state's
3-24 position classification plan or is compensated at or above the
3-25 amount prescribed by the General Appropriations Act for step 1,
3-26 salary group 17, of the position classification salary schedule <A
3-27 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
4-26 removal from the board if a member:
4-27 (1) does not have at the time of appointment the
5-1 qualifications required for appointment to the board;
5-2 (2) does not maintain during service on the board the
5-3 qualifications required for appointment to the board; <or>
5-4 (3) violates a prohibition established by this Act;
5-5 (4) cannot discharge the member's term for a
5-6 substantial part of the term for which the member is appointed
5-7 because of illness or disability; or
5-8 (5) is absent from more than half of the regularly
5-9 scheduled board meetings that the member is eligible to attend
5-10 during a calendar year unless the absence is excused by majority
5-11 vote of the board.
5-12 (b) The validity of an action of the board is not affected
5-13 by the fact that it is taken when <If> a ground for removal of a
5-14 member of <from> the board exists<, the board's actions taken
5-15 during the existence of the ground for removal are valid>.
5-16 (c) If the executive secretary has knowledge that a
5-17 potential ground for removal exists, the executive secretary shall
5-18 notify the chairman of the board of the ground. The chairman shall
5-19 then notify the governor that a potential ground for removal
5-20 exists.
5-21 SECTION 5. The Licensed Dietitian Act (Article 4512h,
5-22 Vernon's Texas Civil Statutes) is amended by adding Section 7A to
5-23 read as follows:
5-24 Sec. 7A. PUBLIC INTEREST INFORMATION. (a) The board shall
5-25 prepare information of public interest describing the functions of
5-26 the board and the board's procedures by which complaints are filed
5-27 with and resolved by the board. The board shall make the
6-1 information available to the public and appropriate state agencies.
6-2 (b) The board by rule shall establish methods by which
6-3 consumers and service recipients are notified of the name, mailing
6-4 address, and telephone number of the board for the purpose of
6-5 directing complaints to the board. The board may provide for that
6-6 notification:
6-7 (1) on each registration form, application, or written
6-8 contract for services of an individual or entity regulated by the
6-9 board;
6-10 (2) on a sign prominently displayed in the place of
6-11 business of each individual or entity regulated by the board; or
6-12 (3) in a bill for service provided by an individual or
6-13 entity regulated by the board.
6-14 (c) The board shall list along with its regular telephone
6-15 number the toll-free telephone number that may be called to present
6-16 a complaint about a health professional if the toll-free number is
6-17 established under other state law.
6-18 SECTION 6. The Licensed Dietitian Act (Article 4512h,
6-19 Vernon's Texas Civil Statutes) is amended by adding Section 7B to
6-20 read as follows:
6-21 Sec. 7B. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
6-22 executive secretary or the secretary's designee shall prepare and
6-23 maintain a written policy statement to assure implementation of a
6-24 program of equal employment opportunity under which all personnel
6-25 transactions are made without regard to race, color, disability,
6-26 sex, religion, age, or national origin. The policy statement must
6-27 include:
7-1 (1) personnel policies, including policies relating to
7-2 recruitment, evaluation, selection, application, training, and
7-3 promotion of personnel that are in compliance with the Commission
7-4 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
7-5 and its subsequent amendments;
7-6 (2) a comprehensive analysis of the board workforce
7-7 that meets federal and state guidelines;
7-8 (3) procedures by which a determination can be made of
7-9 significant underuse in the board workforce of all persons for whom
7-10 federal or state guidelines encourage a more equitable balance; and
7-11 (4) reasonable methods to appropriately address those
7-12 areas of underuse.
7-13 (b) A policy statement prepared under Subsection (a) of this
7-14 section must cover an annual period, be updated annually, be
7-15 reviewed by the Commission on Human Rights for compliance with
7-16 Subsection (a)(1) of this section, and be filed with the governor's
7-17 office.
7-18 (c) The governor's office shall deliver a biennial report to
7-19 the legislature based on the information received under Subsection
7-20 (b) of this section. The report may be made separately or as part
7-21 of other biennial reports to the legislature.
7-22 SECTION 7. The Licensed Dietitian Act (Article 4512h,
7-23 Vernon's Texas Civil Statutes) is amended by adding Section 7C to
7-24 read as follows:
7-25 Sec. 7C. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
7-26 Each board member shall comply with the board member training
7-27 requirements established by any other state agency that is given
8-1 authority to establish the requirements for the board.
8-2 (b) The board shall provide to its members and employees, as
8-3 often as necessary, information regarding their qualifications for
8-4 office or employment under this Act and their responsibilities
8-5 under applicable laws relating to standards of conduct for state
8-6 officers or employees.
8-7 SECTION 8. The Licensed Dietitian Act (Article 4512h,
8-8 Vernon's Texas Civil Statutes) is amended by adding Section 7D to
8-9 read as follows:
8-10 Sec. 7D. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
8-11 shall develop and implement policies that provide the public with a
8-12 reasonable opportunity to appear before the board and to speak on
8-13 any issue under the jurisdiction of the board.
8-14 SECTION 9. The Licensed Dietitian Act (Article 4512h,
8-15 Vernon's Texas Civil Statutes) is amended by adding Section 7E to
8-16 read as follows:
8-17 Sec. 7E. DIVISION OF RESPONSIBILITIES. The board shall
8-18 develop and implement policies that clearly define the respective
8-19 responsibilities of the board and the staff of the board.
8-20 SECTION 10. The Licensed Dietitian Act (Article 4512h,
8-21 Vernon's Texas Civil Statutes) is amended by adding Section 7F to
8-22 read as follows:
8-23 Sec. 7F. PROGRAM ACCESSIBILITY. The board shall prepare and
8-24 maintain a written plan that describes how a person who does not
8-25 speak English can be provided reasonable access to the board's
8-26 programs. The board shall also comply with federal and state laws
8-27 for program and facility accessibility.
9-1 SECTION 11. Sections 8(a), (b), and (c), Licensed Dietitian
9-2 Act (Article 4512h, Vernon's Texas Civil Statutes), are amended to
9-3 read as follows:
9-4 (a) After consultation with the commissioner or the
9-5 department, the board by rule shall set reasonable and necessary
9-6 <the> fees <imposed by this Act> in amounts that are adequate to
9-7 collect sufficient revenue to meet the expenses necessary to
9-8 administer this Act <without accumulating an unnecessary surplus in
9-9 the Licensed Dietitian Act fund created by this section>. The fee
9-10 amounts set by the board may be adjusted so that the total fees
9-11 collected are sufficient to cover the cost of administering this
9-12 Act. The board may not set a fee for an amount less than the
9-13 amount of that fee on September 1, 1993.
9-14 (b) The department shall receive and account for funds
9-15 derived under this Act. The funds shall be deposited in the State
9-16 Treasury to the credit of a special fund to be known as the
9-17 Licensed Dietitian/Nutritionist Act fund to be used only for the
9-18 administration of this Act.
9-19 (c) The <Not later than January 1 each year, the> department
9-20 shall file annually with <make a written report to> the governor<,
9-21 lieutenant governor,> and presiding officer of each <speaker of
9-22 the> house of the legislature a complete and detailed written
9-23 report <representatives> accounting for all funds received and
9-24 disbursed by the board or the department for the administration of
9-25 this Act during the preceding fiscal year. The annual report must
9-26 be in the form and reported in the time provided by the General
9-27 Appropriations Act.
10-1 SECTION 12. Section 9(a), Licensed Dietitian Act (Article
10-2 4512h, Vernon's Texas Civil Statutes), is amended to read as
10-3 follows:
10-4 (a) An applicant for a dietitian/nutritionist license must
10-5 submit a sworn application, accompanied by the application fee.
10-6 SECTION 13. Section 10, Licensed Dietitian Act (Article
10-7 4512h, Vernon's Texas Civil Statutes), is amended by amending
10-8 Subsection (a) and adding Subsection (f) to read as follows:
10-9 (a) To qualify for a license under this Act, an applicant
10-10 must pass a competency examination. Examinations shall be prepared
10-11 or approved by the board and administered to qualified applicants
10-12 at least twice each calendar year. The board shall have the
10-13 written portion of the examination, if any, validated by an
10-14 independent testing professional.
10-15 (f) The board shall waive the examination requirement for an
10-16 applicant who, at the time of application, is registered as a
10-17 registered dietitian by the Commission on Dietetic Registration.
10-18 SECTION 14. Section 11(a), Licensed Dietitian Act (Article
10-19 4512h, Vernon's Texas Civil Statutes), is amended to read as
10-20 follows:
10-21 (a) A person who meets the licensing qualifications under
10-22 this Act is entitled to receive a license certificate as a licensed
10-23 dietitian/nutritionist.
10-24 SECTION 15. Section 12, Licensed Dietitian Act (Article
10-25 4512h, Vernon's Texas Civil Statutes), is amended to read as
10-26 follows:
10-27 Sec. 12. LICENSE EXPIRATION; RENEWAL; INACTIVE STATUS.
11-1 (a) A license is valid for one year from the date it is issued and
11-2 may be renewed annually.
11-3 (b) The board of health by rule may adopt a system under
11-4 which licenses expire on various dates during the year. For the
11-5 year in which the license expiration date is changed, license fees
11-6 payable on the original expiration date shall be prorated on a
11-7 monthly basis so that each licensee shall pay only that portion of
11-8 the license fee that is allocable to the number of months during
11-9 which the license is valid. On renewal of the license on the new
11-10 expiration date, the total license renewal fee is payable.
11-11 (c) A person may renew an unexpired license by paying to the
11-12 board before the expiration date of the license the required
11-13 renewal fee <to the department before the expiration date of the
11-14 license>.
11-15 (d) If a person's license has been expired for <not more
11-16 than> 90 days or less, the person may renew the license by paying
11-17 to the board <department> the required renewal fee and a <penalty>
11-18 fee that is one-half of the examination <renewal> fee for the
11-19 license.
11-20 (e) If a person's license has been expired for longer <more>
11-21 than 90 days but less than one year <two years>, the person may
11-22 renew the license by paying to the board <department> all unpaid
11-23 renewal fees and a <penalty> fee that is equal to the renewal fee
11-24 for the license.
11-25 (f) If a person's license has been expired one year <two
11-26 years> or longer <more>, the person may not renew the license. The
11-27 person may obtain a new license by <submitting to reexamination
12-1 and> complying with the current requirements and procedures for
12-2 obtaining an original <a> license. However, the board may renew
12-3 without reexamination an expired license of a person who was
12-4 licensed in this state, moved to another state, and is currently
12-5 licensed and has been in practice in the other state for the two
12-6 years preceding application. The person must pay to the board a
12-7 fee that is equal to the examination fee for the license.
12-8 (g) At <The department shall notify each licensee in writing
12-9 of the license expiration date at> least 30 days before the
12-10 expiration of a person's license, the board shall send written
12-11 notice of the impending license expiration to the person at the
12-12 licensee's last known address according to the records of the board
12-13 <that date and shall obtain from the licensee a signed receipt
12-14 confirming receipt of notification>.
12-15 (h) The board by rule may provide for a person who holds a
12-16 license under this Act to be placed on inactive status. Rules
12-17 adopted under this section shall include a time limit for a
12-18 licensee to remain on inactive status.
12-19 SECTION 16. The Licensed Dietitian Act (Article 4512h,
12-20 Vernon's Texas Civil Statutes) is amended by adding Section 12A to
12-21 read as follows:
12-22 Sec. 12A. CONTINUING EDUCATION. (a) The board by rule
12-23 shall establish a minimum number of hours of continuing education
12-24 required to renew a license under this Act. The board may assess
12-25 the continuing education needs of licensees and may require
12-26 licensees to attend continuing education courses specified by the
12-27 board. The board shall develop a process to evaluate and approve
13-1 continuing education courses.
13-2 (b) The board shall identify the key factors for the
13-3 competent performance by a licensee of the licensee's professional
13-4 duties. The board shall adopt a procedure to assess a licensee's
13-5 participation in continuing education programs.
13-6 SECTION 17. Section 13, Licensed Dietitian Act (Article
13-7 4512h, Vernon's Texas Civil Statutes), is amended to read as
13-8 follows:
13-9 Sec. 13. PROVISIONAL LICENSE. (a) A license to use the
13-10 title of provisional licensed dietitian/nutritionist may be issued
13-11 by the board on the filing of an application, payment of an
13-12 application fee, and the submission of evidence of the successful
13-13 completion of the educational requirement under Section 9 of this
13-14 Act. The initial application shall be signed by the supervising
13-15 licensed dietitian/nutritionist.
13-16 (b) A provisional licensed dietitian/nutritionist shall be
13-17 under the supervision and direction of a licensed
13-18 dietitian/nutritionist.
13-19 (c) A person qualified for a provisional license under this
13-20 Act is entitled to receive a license certificate as a provisional
13-21 licensed dietitian/nutritionist. A provisional licensed
13-22 dietitian/nutritionist must comply with Subsections (b) and (c) of
13-23 Section 11 of this Act.
13-24 (d) A provisional license is valid for one year from the
13-25 date it is issued and may be renewed annually not more than twice
13-26 by the same procedures established for renewal under Section 12 of
13-27 this Act if the application for renewal is signed by the
14-1 supervising licensed dietitian/nutritionist.
14-2 SECTION 18. Section 14, Licensed Dietitian Act (Article
14-3 4512h, Vernon's Texas Civil Statutes), is amended to read as
14-4 follows:
14-5 Sec. 14. TEMPORARY LICENSE <RECIPROCITY>. (a) On receipt
14-6 of an application and application fee, the board may grant a
14-7 temporary license to <shall waive the examination requirement for>
14-8 an applicant who<, at the time of application>:
14-9 (1) is licensed in good standing as a
14-10 dietitian/nutritionist in another state, the District of Columbia,
14-11 or a territory of the United States that has licensing requirements
14-12 that are substantially equivalent to the requirements of this Act;
14-13 <registered by the Commission on Dietetic Registration as a
14-14 registered dietitian; or>
14-15 (2) has passed a national or other examination
14-16 recognized by the board relating to dietetics/nutrition; and
14-17 (3) is sponsored by a person licensed by the board
14-18 under this Act with whom the provisional licensee may practice
14-19 under this section <holds a valid license or certificate as a
14-20 licensed or registered dietitian issued by another state with which
14-21 this state has a reciprocity agreement>.
14-22 (b) An applicant for a temporary license may be excused from
14-23 the requirement of Subsection (a)(3) of this section if the board
14-24 determines that compliance with that subsection constitutes a
14-25 hardship to the applicant.
14-26 (c) A temporary license is valid until the date the board
14-27 approves or denies the temporary licensee's application for a
15-1 license. The board shall issue a license under this Act to the
15-2 holder of a temporary license under this section if:
15-3 (1) the temporary licensee passes the examination
15-4 required by Section 10 of this Act;
15-5 (2) the board verifies that the temporary licensee has
15-6 the academic and experience requirements for a license under this
15-7 Act; and
15-8 (3) the temporary licensee satisfies any other license
15-9 requirements under this Act.
15-10 (d) The board must complete the processing of a temporary
15-11 licensee's application for a license not later than the 180th day
15-12 after the date the temporary license is issued. The board may
15-13 extend this deadline to receive pending examination results.
15-14 SECTION 19. Section 15(a), Licensed Dietitian Act (Article
15-15 4512h, Vernon's Texas Civil Statutes), is amended to read as
15-16 follows:
15-17 (a) A person may not use the title or represent or imply
15-18 that he has the title of "licensed dietitian," "provisional
15-19 licensed dietitian," "licensed dietitian/nutritionist," or
15-20 "provisional licensed dietitian/nutritionist" <"licensed dietitian"
15-21 or "provisional licensed dietitian"> or use the letters "LD,"
15-22 "PLD," "LDN," or "PLDN" <"LD" or "PLD"> and may not use any
15-23 facsimile of those titles in any manner to indicate or imply that
15-24 the person is a licensed dietitian, <or> provisional licensed
15-25 dietitian, licensed dietitian/nutritionist, or provisional licensed
15-26 dietitian/nutritionist, unless the person holds an appropriate
15-27 license issued under this Act.
16-1 SECTION 20. Section 16, Licensed Dietitian Act (Article
16-2 4512h, Vernon's Texas Civil Statutes), is amended to read as
16-3 follows:
16-4 Sec. 16. Complaint File and Status. (a) The board
16-5 <department> shall keep an information file about each complaint
16-6 filed with the board <related to a licensee>.
16-7 (b) If a written complaint is filed with the board that the
16-8 board or department has authority to resolve <relating to a
16-9 licensee>, the board <department>, at least as frequently as
16-10 quarterly and until final disposition of the complaint, shall
16-11 notify the parties to the complaint of the status of the complaint
16-12 unless the notice would jeopardize an undercover investigation
16-13 <until final disposition of the complaint>.
16-14 SECTION 21. The Licensed Dietitian Act (Article 4512h,
16-15 Vernon's Texas Civil Statutes) is amended by adding Section 16A to
16-16 read as follows:
16-17 Sec. 16A. COMPLAINT PROCEDURE IN GENERAL. (a) The board's
16-18 information file shall be kept current and contain a record for
16-19 each complaint of:
16-20 (1) all persons contacted in relation to the
16-21 complaint;
16-22 (2) a summary of findings made at each step of the
16-23 complaint process;
16-24 (3) an explanation of the legal basis and reason for a
16-25 complaint that is dismissed; and
16-26 (4) other relevant information.
16-27 (b) The board by rule shall adopt a form to standardize
17-1 information concerning complaints made to the board. The board by
17-2 rule shall prescribe information to be provided to a person when
17-3 the person files a complaint with the board.
17-4 (c) The board shall provide reasonable assistance to a
17-5 person who wishes to file a complaint with the board.
17-6 SECTION 22. The Licensed Dietitian Act (Article 4512h,
17-7 Vernon's Texas Civil Statutes) is amended by adding Section 16B to
17-8 read as follows:
17-9 Sec. 16B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
17-10 board shall adopt rules concerning the investigation of a complaint
17-11 filed with the board. The rules adopted under this subsection
17-12 shall:
17-13 (1) distinguish between categories of complaints;
17-14 (2) ensure that complaints are not dismissed without
17-15 appropriate consideration;
17-16 (3) require that the board be advised of a complaint
17-17 that is dismissed and that a letter be sent to the person who filed
17-18 the complaint explaining the action taken on the dismissed
17-19 complaint;
17-20 (4) ensure that the person who filed the complaint has
17-21 an opportunity to explain the allegations made in the complaint;
17-22 and
17-23 (5) prescribe guidelines concerning the categories of
17-24 complaints that require the use of a private investigator and the
17-25 procedures for the board to obtain the services of a private
17-26 investigator.
17-27 (b) The board shall dispose of all complaints in a timely
18-1 manner. The board shall establish a schedule for conducting each
18-2 phase of a complaint that is under the control of the board not
18-3 later than the 30th day after the date the complaint is received by
18-4 the board. The schedule shall be kept in the information file for
18-5 the complaint and all parties shall be notified of the projected
18-6 time requirements for pursuing the complaint. A change in the
18-7 schedule must be noted in the complaint information file and all
18-8 parties to the complaint must be notified not later than the
18-9 seventh day after the date the change is made.
18-10 (c) The executive secretary of the board shall notify the
18-11 board of a complaint that extends beyond the time prescribed by the
18-12 board for resolving the complaint so that the board may take
18-13 necessary action on the complaint.
18-14 SECTION 23. The Licensed Dietitian Act (Article 4512h,
18-15 Vernon's Texas Civil Statutes) is amended by adding Section 16C to
18-16 read as follows:
18-17 Sec. 16C. INFORMAL PROCEEDINGS. (a) The board by rule
18-18 shall adopt procedures governing:
18-19 (1) informal disposition of a contested case under
18-20 Section 13(e), Administrative Procedure and Texas Register Act
18-21 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
18-22 subsequent amendments; and
18-23 (2) informal proceedings held in compliance with
18-24 Section 18(c), Administrative Procedure and Texas Register Act
18-25 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
18-26 subsequent amendments.
18-27 (b) Rules adopted under this section must provide the
19-1 complainant and the licensee an opportunity to be heard and must
19-2 require the presence of a representative of the office of the
19-3 attorney general or the board's legal counsel to advise the board
19-4 or board's employees.
19-5 SECTION 24. The Licensed Dietitian Act (Article 4512h,
19-6 Vernon's Texas Civil Statutes) is amended by adding Section 16D to
19-7 read as follows:
19-8 Sec. 16D. MONITORING OF LICENSEE. The board by rule shall
19-9 develop a system for monitoring a licensee's compliance with the
19-10 requirements of this Act. Rules adopted under this section shall
19-11 include procedures for monitoring a licensee who is ordered by the
19-12 board to perform certain acts to ascertain that the licensee
19-13 performs the required acts and to identify and monitor licensees
19-14 who represent a risk to the public.
19-15 SECTION 25. Section 17, Licensed Dietitian Act (Article
19-16 4512h, Vernon's Texas Civil Statutes), is amended by amending
19-17 Subsection (a) and adding Subsections (e) and (f) to read as
19-18 follows:
19-19 (a) The board shall revoke or suspend a license, place on
19-20 probation a person whose <probate a> license has been suspended
19-21 <suspension>, or reprimand a licensee for <on proof of>:
19-22 (1) any violation of this Act; or
19-23 (2) any violation of a rule or code of ethics adopted
19-24 by the board.
19-25 (e) If a license suspension is probated, the board may
19-26 require the licensee to:
19-27 (1) report regularly to the board on matters that are
20-1 the basis of the probation;
20-2 (2) limit practice to the areas prescribed by the
20-3 board; or
20-4 (3) continue or review continuing professional
20-5 education until the licensee attains a degree of skill satisfactory
20-6 to the board in those areas that are the basis of the probation.
20-7 (f) The schedule of sanctions adopted by the board by rule
20-8 shall be used by the State Office of Administrative Hearings for
20-9 any sanction imposed as the result of a hearing conducted by that
20-10 office.
20-11 SECTION 26. Section 18, Licensed Dietitian Act (Article
20-12 4512h, Vernon's Texas Civil Statutes), is amended to read as
20-13 follows:
20-14 Sec. 18. DUTIES OF BOARD OF HEALTH. For the purpose of
20-15 implementing this Act, the board of health:
20-16 (1) shall request and receive any necessary assistance
20-17 of state educational institutions or other state agencies;
20-18 (2) shall prepare information of consumer interest
20-19 describing the regulatory functions of the board, the procedures by
20-20 which consumer complaints are filed and resolved, and the
20-21 profession of dietetics;
20-22 (3) shall prepare a registry of licensed
20-23 dietitians/nutritionists and provisional licensed
20-24 dietitians/nutritionists and make this information available to the
20-25 general public, licensees, and appropriate state agencies; and
20-26 (4) may request the attorney general or the
20-27 appropriate county or district attorney to institute a suit to
21-1 enjoin a violation of this Act in addition to any other action,
21-2 proceeding, or remedy authorized by law.
21-3 SECTION 27. Section 19, Licensed Dietitian Act (Article
21-4 4512h, Vernon's Texas Civil Statutes), is amended to read as
21-5 follows:
21-6 Sec. 19. SUNSET PROVISION. The Texas State Board of
21-7 Examiners of Dietitians/Nutritionists is subject to Chapter 325,
21-8 Government Code (Texas Sunset Act). Unless continued in existence
21-9 as provided by that chapter, the board is abolished September 1,
21-10 2005 <1993>.
21-11 SECTION 28. This Act takes effect September 1, 1993.
21-12 SECTION 29. The importance of this legislation and the
21-13 crowded condition of the calendars in both houses create an
21-14 emergency and an imperative public necessity that the
21-15 constitutional rule requiring bills to be read on three several
21-16 days in each house be suspended, and this rule is hereby suspended.