1-1  By:  Moncrief                                         S.B. No. 1434
    1-2        (In the Senate - Filed April 27, 1993; April 27, 1993, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  May 3, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; May 3, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson                                      x   
   1-15        Shelley                                        x   
   1-16        Truan              x                               
   1-17        Wentworth                                      x   
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 1434                By:  Moncrief
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the continuation and functions of the Texas State Board
   1-22  of Examiners of Dietitians and the regulation of dietetics.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 3, Licensed Dietitian Act (Article 4512h,
   1-25  Vernon's Texas Civil Statutes), is amended by amending Subsections
   1-26  (e) through (h) and adding Subsections (i) and (j) to read as
   1-27  follows:
   1-28        (e)  A person is not eligible for appointment as a public
   1-29  member of the board if the person or <and> the person's spouse:
   1-30              (1)  is registered, certified, or <are not> licensed by
   1-31  an occupational regulatory agency in the field of dietetics <health
   1-32  care>;
   1-33              (2)  is <are not> employed by or participates <and do
   1-34  not participate> in the management of a <an agency or> business
   1-35  entity or other organization regulated by the board or receiving
   1-36  funds from the board <that provides health-care services or that
   1-37  sells, manufactures, or distributes health-care supplies or
   1-38  equipment>; <and>
   1-39              (3)  owns or controls, directly or indirectly, <do not
   1-40  own, control, or have a direct or indirect interest in> more than a
   1-41  10 percent interest in <of> a business entity or other organization
   1-42  regulated by the board or receiving funds from the board; or <that
   1-43  provides health-care services or that sells, manufactures, or
   1-44  distributes health-care supplies or equipment.>
   1-45              (4)  uses or receives a substantial amount of tangible
   1-46  goods, services, or funds from the board, other than compensation
   1-47  or reimbursement authorized by law for board membership,
   1-48  attendance, or expenses.
   1-49        (f)  Appointments <It is the intent of the legislature that
   1-50  the membership of the board reflect the historical and cultural
   1-51  diversity of the inhabitants of this state; therefore,
   1-52  appointments> to the board shall <should> be made without regard to
   1-53  the <discrimination based on> race, color, disability <creed>, sex,
   1-54  religion, age, or national origin<, or geographical distribution>
   1-55  of the appointees.
   1-56        (g)  An officer, employee, or paid consultant of a Texas
   1-57  trade association in the field of dietetics may not be a member or
   1-58  employee of the board who is exempt from the state's position
   1-59  classification plan or is compensated at or above the amount
   1-60  prescribed by the General Appropriations Act for step 1, salary
   1-61  group 17, of the position classification salary schedule  <A member
   1-62  or employee of the board may not be an officer, employee, or paid
   1-63  consultant of a trade association in the field of health care>.
   1-64        (h)  A person who is the spouse of an officer, manager, or
   1-65  paid consultant of a Texas trade association in the field of
   1-66  dietetics may not be a board member and may not be an employee of
   1-67  the board who is exempt from the state's position classification
   1-68  plan or is compensated at or above the amount prescribed by the
    2-1  General Appropriations Act for step 1, salary group 17, of the
    2-2  position classification salary schedule.
    2-3        (i)  For the purposes of this section, a Texas trade
    2-4  association is a nonprofit, cooperative, and voluntarily joined
    2-5  association of business or professional competitors in this state
    2-6  designed to assist its members and its industry or profession in
    2-7  dealing with mutual business or professional problems and in
    2-8  promoting their common interest.
    2-9        (j) <(h)>  A person may not serve as a member of the board or
   2-10  act as general counsel to the board if the person <who> is required
   2-11  to register as a lobbyist under Chapter 305, Government Code,
   2-12  because of the person's activities for compensation on behalf of a
   2-13  profession related to the operation of <in a health-related area
   2-14  may not serve as a member of the board or act as the general
   2-15  counsel to> the board.
   2-16        SECTION 2.  Section 4, Licensed Dietitian Act (Article 4512h,
   2-17  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-18        Sec. 4.  Grounds for Removal.  (a)  It is a ground for
   2-19  removal from the board if a member:
   2-20              (1)  does not have at the time of appointment the
   2-21  qualifications required for appointment to the board;
   2-22              (2)  does not maintain during service on the board the
   2-23  qualifications required for appointment to the board; <or>
   2-24              (3)  violates a prohibition established by this Act;
   2-25              (4)  cannot discharge the member's duties for a
   2-26  substantial part of the term for which the member is appointed
   2-27  because of illness or disability; or
   2-28              (5)  is absent from more than half of the regularly
   2-29  scheduled board meetings that the member is eligible to attend
   2-30  during a calendar year unless the absence is excused by majority
   2-31  vote of the board.
   2-32        (b)  The validity of an action of the board is not affected
   2-33  by the fact that it is taken when <If> a ground for removal of a
   2-34  member of <from> the board exists<, the board's actions taken
   2-35  during the existence of the ground for removal are valid>.
   2-36        (c)  If the executive secretary has knowledge that a
   2-37  potential ground for removal exists, the executive secretary shall
   2-38  notify the chairman of the board of the ground.  The chairman shall
   2-39  then notify the governor that a potential ground for removal
   2-40  exists.
   2-41        SECTION 3.  The Licensed Dietitian Act (Article 4512h,
   2-42  Vernon's Texas Civil Statutes) is amended by adding Section 7A to
   2-43  read as follows:
   2-44        Sec. 7A.  PUBLIC INTEREST INFORMATION.  (a)  The board shall
   2-45  prepare information of public interest describing the functions of
   2-46  the board and the board's procedures by which complaints are filed
   2-47  with and resolved by the board.  The board shall make the
   2-48  information available to the public and appropriate state agencies.
   2-49        (b)  The board by rule shall establish methods by which
   2-50  consumers and service recipients are notified of the name, mailing
   2-51  address, and telephone number of the board for the purpose of
   2-52  directing complaints to the board.  The board may provide for that
   2-53  notification:
   2-54              (1)  on each registration form, application, or written
   2-55  contract for services of an individual or entity regulated by the
   2-56  board;
   2-57              (2)  on a sign prominently displayed in the place of
   2-58  business of each individual or entity regulated by the board; or
   2-59              (3)  in a bill for service provided by an individual or
   2-60  entity regulated by the board.
   2-61        (c)  The board shall list along with its regular telephone
   2-62  number the toll-free telephone number that may be called to present
   2-63  a complaint about a health professional if the toll-free number is
   2-64  established under other state law.
   2-65        SECTION 4.  The Licensed Dietitian Act (Article 4512h,
   2-66  Vernon's Texas Civil Statutes) is amended by adding Section 7B to
   2-67  read as follows:
   2-68        Sec. 7B.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The
   2-69  executive secretary or the secretary's designee shall prepare and
   2-70  maintain a written policy statement to assure implementation of a
    3-1  program of equal employment opportunity under which all personnel
    3-2  transactions are made without regard to race, color, disability,
    3-3  sex, religion, age, or national origin.  The policy statement must
    3-4  include:
    3-5              (1)  personnel policies, including policies relating to
    3-6  recruitment, evaluation, selection, application, training, and
    3-7  promotion of personnel that are in compliance with the Commission
    3-8  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
    3-9  and its subsequent amendments;
   3-10              (2)  a comprehensive analysis of the board work force
   3-11  that meets federal and state guidelines;
   3-12              (3)  procedures by which a determination can be made of
   3-13  significant underutilization in the board work force of all persons
   3-14  for whom federal or state guidelines encourage a more equitable
   3-15  balance; and
   3-16              (4)  reasonable methods to appropriately address those
   3-17  areas of underutilization.
   3-18        (b)  A policy statement prepared under Subsection (a) of this
   3-19  section must cover an annual period, be updated annually, be
   3-20  reviewed by the Commission on Human Rights for compliance with
   3-21  Subsection (a)(1) of this section, and be filed with the governor's
   3-22  office.
   3-23        (c)  The governor's office shall deliver a biennial report to
   3-24  the legislature based on the information received under Subsection
   3-25  (b)  of this section.  The report may be made separately or as part
   3-26  of other biennial reports to the legislature.
   3-27        SECTION 5.  The Licensed Dietitian Act (Article 4512h,
   3-28  Vernon's Texas Civil Statutes) is amended by adding Section 7C to
   3-29  read as follows:
   3-30        Sec. 7C.  TRAINING; STANDARDS OF CONDUCT INFORMATION.
   3-31  (a)  Each board member shall comply with the board member training
   3-32  requirements established by any other state agency that is given
   3-33  authority to establish the requirements for the board.
   3-34        (b)  The board shall provide to its members and employees, as
   3-35  often as necessary, information regarding their qualifications for
   3-36  office or employment under this Act and their responsibilities
   3-37  under applicable laws relating to standards of conduct for state
   3-38  officers or employees.
   3-39        SECTION 6.  The Licensed Dietitian Act (Article 4512h,
   3-40  Vernon's Texas Civil Statutes) is amended by adding Section 7D to
   3-41  read as follows:
   3-42        Sec. 7D.  PUBLIC PARTICIPATION IN BOARD HEARINGS.  The board
   3-43  shall develop and implement policies that provide the public with a
   3-44  reasonable opportunity to appear before the board and to speak on
   3-45  any issue under the jurisdiction of the board.
   3-46        SECTION 7.  The Licensed Dietitian Act (Article 4512h,
   3-47  Vernon's Texas Civil Statutes) is amended by adding Section 7E to
   3-48  read as follows:
   3-49        Sec. 7E.  DIVISION OF RESPONSIBILITIES.  The board shall
   3-50  develop and implement policies that clearly define the respective
   3-51  responsibilities of the board and the staff of the board.
   3-52        SECTION 8.  The Licensed Dietitian Act (Article 4512h,
   3-53  Vernon's Texas Civil Statutes) is amended by adding Section 7F to
   3-54  read as follows:
   3-55        Sec. 7F.  PROGRAM ACCESSIBILITY.  The board shall prepare and
   3-56  maintain a written plan that describes how a person who does not
   3-57  speak English can be provided reasonable access to the board's
   3-58  programs.  The board shall also comply with federal and state laws
   3-59  for program and facility accessibility.
   3-60        SECTION 9.  The Licensed Dietitian Act (Article 4512h,
   3-61  Vernon's Texas Civil Statutes) is amended by adding Section 7G to
   3-62  read as follows:
   3-63        Sec. 7G.  TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
   3-64  (a)  The board shall establish a training program for the members
   3-65  of the board.
   3-66        (b)  Before a member of the board may assume the member's
   3-67  duties, the member must complete at least one course of the
   3-68  training program established under this section, and before the
   3-69  member may be confirmed by the senate, the member must pass an
   3-70  examination given in conjunction with the attorney general on
    4-1  subjects described by Subdivisions (7), (8), and (9) of Subsection
    4-2  (c) of this section.
    4-3        (c)  A training program established under this section shall
    4-4  provide information to a participant regarding:
    4-5              (1)  the enabling legislation that created the board to
    4-6  which the member is appointed;
    4-7              (2)  the programs operated by the board;
    4-8              (3)  the role and functions of the board;
    4-9              (4)  the rules of the board with an emphasis on the
   4-10  rules that relate to disciplinary and investigatory authority;
   4-11              (5)  the current budget for the board;
   4-12              (6)  the results of the most recent formal audit of the
   4-13  board;
   4-14              (7)  the requirements of the:
   4-15                    (A)  open meetings law, Chapter 271, Acts of the
   4-16  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   4-17  Texas Civil Statutes), and its subsequent amendments;
   4-18                    (B)  open records law, Chapter 424, Acts of the
   4-19  63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
   4-20  Texas Civil Statutes), and its subsequent amendments; and
   4-21                    (C)  Administrative Procedure and Texas Register
   4-22  Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   4-23  subsequent amendments;
   4-24              (8)  the requirements of the conflict of interest laws
   4-25  and other laws relating to public officials; and
   4-26              (9)  any applicable ethics policies adopted by the
   4-27  board or the Texas Ethics Commission.
   4-28        (d)  In developing the training requirements provided for in
   4-29  this section, the board shall consult with the governor's office,
   4-30  the attorney general's office, and the Texas Ethics Commission.
   4-31        (e)  In the event that another state agency or entity is
   4-32  given the authority to establish the training requirements, the
   4-33  board shall allow that training in lieu of developing its own
   4-34  program.
   4-35        SECTION 10.  Subsections (a) and (c), Section 8, Licensed
   4-36  Dietitian Act (Article 4512h, Vernon's Texas Civil Statutes), are
   4-37  amended to read as follows:
   4-38        (a)  After consultation with the commissioner or the
   4-39  department, the board by rule shall set reasonable and necessary
   4-40  <the> fees <imposed by this Act> in amounts that are adequate to
   4-41  collect sufficient revenue to meet the expenses necessary to
   4-42  administer this Act <without accumulating an unnecessary surplus in
   4-43  the Licensed Dietitian Act fund created by this section>.  The fee
   4-44  amounts set by the board may be adjusted so that the total fees
   4-45  collected are sufficient to cover the cost of administering this
   4-46  Act.  The board may not set a fee for an amount less than the
   4-47  amount of that fee on September 1, 1993.
   4-48        (c)  The <Not later than January 1 each year, the> department
   4-49  shall file annually with <make a written report to> the governor<,
   4-50  lieutenant governor,> and presiding officer of each <speaker of
   4-51  the> house of the legislature a complete and detailed written
   4-52  report <representatives> accounting for all funds received and
   4-53  disbursed by the board or the department for the administration of
   4-54  this Act during the preceding fiscal year.  The annual report must
   4-55  be in the form and reported in the time provided by the General
   4-56  Appropriations Act.
   4-57        SECTION 11.  Section 10, Licensed Dietitian Act (Article
   4-58  4512h, Vernon's Texas Civil Statutes), is amended by amending
   4-59  Subsection (a) and adding Subsection (f) to read as follows:
   4-60        (a)  To qualify for a license under this Act, an applicant
   4-61  must pass a competency examination.  Examinations shall be prepared
   4-62  or approved by the board and administered to qualified applicants
   4-63  at least twice each calendar year.  The board shall have the
   4-64  written portion of the examination, if any, validated by an
   4-65  independent testing professional.
   4-66        (f)  The board shall waive the examination requirement for an
   4-67  applicant who, at the time of application, is registered as a
   4-68  registered dietitian by the Commission on Dietetic Registration.
   4-69        SECTION 12.  Section 12, Licensed Dietitian Act (Article
   4-70  4512h, Vernon's Texas Civil Statutes), is amended to read as
    5-1  follows:
    5-2        Sec. 12.  LICENSE EXPIRATION; RENEWAL; INACTIVE STATUS.
    5-3  (a)  A license is valid for one year from the date it is issued and
    5-4  may be renewed annually.
    5-5        (b)  The board of health by rule may adopt a system under
    5-6  which licenses expire on various dates during the year.  For the
    5-7  year in which the license expiration date is changed, license fees
    5-8  payable on the original expiration date shall be prorated on a
    5-9  monthly basis so that each licensee shall pay only that portion of
   5-10  the license fee that is allocable to the number of months during
   5-11  which the license is valid.  On renewal of the license on the new
   5-12  expiration date, the total license renewal fee is payable.
   5-13        (c)  A person may renew an unexpired license by paying to the
   5-14  board before the expiration date of the license the required
   5-15  renewal fee <to the department before the expiration date of the
   5-16  license>.
   5-17        (d)  If a person's license has been expired for <not more
   5-18  than> 90 days or less, the person may renew the license by paying
   5-19  to the board <department> the required renewal fee and a <penalty>
   5-20  fee that is one-half of the examination <renewal> fee for the
   5-21  license.
   5-22        (e)  If a person's license has been expired for longer <more>
   5-23  than 90 days but less than one year <two years>, the person may
   5-24  renew the license by paying to the board <department> all unpaid
   5-25  renewal fees and a <penalty> fee that is equal to the renewal fee
   5-26  for the license.
   5-27        (f)  If a person's license has been expired one year <two
   5-28  years> or longer <more>, the person may not renew the license.  The
   5-29  person may obtain a new license by <submitting to reexamination
   5-30  and> complying with the current requirements and procedures for
   5-31  obtaining an original <a> license.  However, the board may renew
   5-32  without reexamination an expired license of a person who was
   5-33  licensed in this state, moved to another state, and is currently
   5-34  licensed and has been in practice in the other state for the two
   5-35  years preceding application.  The person must pay to the board a
   5-36  fee that is equal to the examination fee for the license.
   5-37        (g)  At <The department shall notify each licensee in writing
   5-38  of the license expiration date at> least 30 days before the
   5-39  expiration of a person's license, the board shall send written
   5-40  notice of the impending license expiration to the person at the
   5-41  licensee's last known address according to the records of the board
   5-42  <that date and shall obtain from the licensee a signed receipt
   5-43  confirming receipt of notification>.
   5-44        (h)  The board by rule may provide for a person who holds a
   5-45  license under this Act to be placed on inactive status.  Rules
   5-46  adopted under this section shall include a time limit for a
   5-47  licensee to remain on inactive status.
   5-48        SECTION 13.  The Licensed Dietitian Act (Article 4512h,
   5-49  Vernon's Texas Civil Statutes) is amended by adding Section 12A to
   5-50  read as follows:
   5-51        Sec. 12A.  CONTINUING EDUCATION.  (a)  The board by rule
   5-52  shall establish a minimum number of hours of continuing education
   5-53  required to renew a license under this Act.  The board may assess
   5-54  the continuing education needs of licensees and may require
   5-55  licensees to attend continuing education courses specified by the
   5-56  board.  The board shall develop a process to evaluate and approve
   5-57  continuing education courses.
   5-58        (b)  The board shall identify the key factors for the
   5-59  competent performance by a licensee of the licensee's professional
   5-60  duties.  The board shall adopt a procedure to assess a licensee's
   5-61  participation in continuing education programs.
   5-62        SECTION 14.  Subsection (d), Section 13, Licensed Dietitian
   5-63  Act (Article 4512h, Vernon's Texas Civil Statutes), is amended to
   5-64  read as follows:
   5-65        (d)  A provisional license is valid for one year from the
   5-66  date it is issued and may be renewed annually not more than twice
   5-67  by the same procedures established for renewal under Section 12 of
   5-68  this Act if the application for renewal is signed by the
   5-69  supervising licensed dietitian.
   5-70        SECTION 15.  Section 14, Licensed Dietitian Act (Article
    6-1  4512h, Vernon's Texas Civil Statutes), is amended to read as
    6-2  follows:
    6-3        Sec. 14.  TEMPORARY LICENSE <RECIPROCITY>.  (a)  On receipt
    6-4  of an application and application fee, the board may grant a
    6-5  temporary license to <shall waive the examination requirement for>
    6-6  an applicant who<, at the time of application>:
    6-7              (1)  is licensed in good standing as a dietitian in
    6-8  another state, the District of Columbia, or a territory of the
    6-9  United States that has licensing requirements that are
   6-10  substantially equivalent to the requirements of this Act;
   6-11  <registered by the Commission on Dietetic Registration as a
   6-12  registered dietitian; or>
   6-13              (2)  has passed a national or other examination
   6-14  recognized by the board relating to dietetics; and
   6-15              (3)  is sponsored by a person licensed by the board
   6-16  under this Act with whom the provisional licensee may practice
   6-17  under this section <holds a valid license or certificate as a
   6-18  licensed or registered dietitian issued by another state with which
   6-19  this state has a reciprocity agreement>.
   6-20        (b)  An applicant for a temporary license may be excused from
   6-21  the requirement of Subsection (a)(3) of this section if the board
   6-22  determines that compliance with that subsection constitutes a
   6-23  hardship to the applicant.
   6-24        (c)  A temporary license is valid until the date the board
   6-25  approves or denies the temporary licensee's application for a
   6-26  license.  The board shall issue a license under this Act to the
   6-27  holder of a temporary license under this section if:
   6-28              (1)  the temporary licensee passes the examination
   6-29  required by Section 10 of this Act;
   6-30              (2)  the board verifies that the temporary licensee has
   6-31  the academic and experience requirements for a license under this
   6-32  Act; and
   6-33              (3)  the temporary licensee satisfies any other license
   6-34  requirements under this Act.
   6-35        (d)  The board must complete the processing of a temporary
   6-36  licensee's application for a license not later than the 180th day
   6-37  after the date the temporary license is issued.  The board may
   6-38  extend this deadline to receive pending examination results.
   6-39        SECTION 16.  Section 16, Licensed Dietitian Act (Article
   6-40  4512h, Vernon's Texas Civil Statutes), is amended to read as
   6-41  follows:
   6-42        Sec. 16.  Complaint File and Status.  (a)  The board
   6-43  <department> shall keep an information file about each complaint
   6-44  filed with the board <related to a licensee>.
   6-45        (b)  If a written complaint is filed with the board that the
   6-46  board or department has authority to resolve <relating to a
   6-47  licensee>, the board <department>, at least as frequently as
   6-48  quarterly and until final disposition of the complaint, shall
   6-49  notify the parties to the complaint of the status of the complaint
   6-50  unless the notice would jeopardize an undercover investigation
   6-51  <until final disposition of the complaint>.
   6-52        SECTION 17.  The Licensed Dietitian Act (Article 4512h,
   6-53  Vernon's Texas Civil Statutes) is amended by adding Section 16A to
   6-54  read as follows:
   6-55        Sec. 16A.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The board's
   6-56  information file shall be kept current and contain a record for
   6-57  each complaint of:
   6-58              (1)  all persons contacted in relation to the
   6-59  complaint;
   6-60              (2)  a summary of findings made at each step of the
   6-61  complaint process;
   6-62              (3)  an explanation of the legal basis and reason for a
   6-63  complaint that is dismissed; and
   6-64              (4)  other relevant information.
   6-65        (b)  The board by rule shall adopt a form to standardize
   6-66  information concerning complaints made to the board.  The board by
   6-67  rule shall prescribe information to be provided to a person when
   6-68  the person files a complaint with the board.
   6-69        (c)  The board shall provide reasonable assistance to a
   6-70  person who wishes to file a complaint with the board.
    7-1        SECTION 18.  The Licensed Dietitian Act (Article 4512h,
    7-2  Vernon's Texas Civil Statutes) is amended by adding Section 16B to
    7-3  read as follows:
    7-4        Sec. 16B.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
    7-5  board shall adopt rules concerning the investigation of a complaint
    7-6  filed with the board.  The rules adopted under this subsection
    7-7  shall:
    7-8              (1)  distinguish between categories of complaints;
    7-9              (2)  ensure that complaints are not dismissed without
   7-10  appropriate consideration;
   7-11              (3)  require that the board be advised of a complaint
   7-12  that is dismissed and that a letter be sent to the person who filed
   7-13  the complaint explaining the action taken on the dismissed
   7-14  complaint;
   7-15              (4)  ensure that the person who filed the complaint has
   7-16  an opportunity to explain the allegations made in the complaint;
   7-17  and
   7-18              (5)  prescribe guidelines concerning the categories of
   7-19  complaints that require the use of a private investigator and the
   7-20  procedures for the board to obtain the services of a private
   7-21  investigator.
   7-22        (b)  The board shall dispose of all complaints in a timely
   7-23  manner.  The board shall establish a schedule for conducting each
   7-24  phase of a complaint that is under the control of the board not
   7-25  later than the 30th day after the date the complaint is received by
   7-26  the board.  The schedule shall be kept in the information file for
   7-27  the complaint and all parties shall be notified of the projected
   7-28  time requirements for pursuing the complaint.  A change in the
   7-29  schedule must be noted in the complaint information file and all
   7-30  parties to the complaint must be notified not later than the
   7-31  seventh day after the date the change is made.
   7-32        (c)  The executive secretary of the board shall notify the
   7-33  board of a complaint that extends beyond the time prescribed by the
   7-34  board for resolving the complaint so that the board may take
   7-35  necessary action on the complaint.
   7-36        SECTION 19.  The Licensed Dietitian Act (Article 4512h,
   7-37  Vernon's Texas Civil Statutes) is amended by adding Section 16C to
   7-38  read as follows:
   7-39        Sec. 16C.  INFORMAL PROCEEDINGS.  (a)  The board by rule
   7-40  shall adopt procedures governing:
   7-41              (1)  informal disposition of a contested case under
   7-42  Section 13(e), Administrative Procedure and Texas Register Act
   7-43  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   7-44  subsequent amendments; and
   7-45              (2)  informal proceedings held in compliance with
   7-46  Section 18(c), Administrative Procedure and Texas Register Act
   7-47  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   7-48  subsequent amendments.
   7-49        (b)  Rules adopted under this section must provide the
   7-50  complainant and the licensee an opportunity to be heard and must
   7-51  require the presence of a representative of the office of the
   7-52  attorney general or the board's legal counsel to advise the board
   7-53  or board's employees.
   7-54        SECTION 20.  The Licensed Dietitian Act (Article 4512h,
   7-55  Vernon's Texas Civil Statutes) is amended by adding Section 16D to
   7-56  read as follows:
   7-57        Sec. 16D.  MONITORING OF LICENSEE.  The board by rule shall
   7-58  develop a system for monitoring a licensee's compliance with the
   7-59  requirements of this Act.  Rules adopted under this section shall
   7-60  include procedures for monitoring a licensee who is ordered by the
   7-61  board to perform certain acts to ascertain that the licensee
   7-62  performs the required acts and to identify and monitor licensees
   7-63  who represent a risk to the public.
   7-64        SECTION 21.  Section 17, Licensed Dietitian Act (Article
   7-65  4512h, Vernon's Texas Civil Statutes), is amended by amending
   7-66  Subsection (a) and adding Subsections (e) and (f) to read as
   7-67  follows:
   7-68        (a)  The board shall revoke or suspend a license, place on
   7-69  probation a person whose <probate a> license has been suspended
   7-70  <suspension>, or reprimand a licensee for <on proof of>:
    8-1              (1)  any violation of this Act; or
    8-2              (2)  any violation of a rule or code of ethics adopted
    8-3  by the board.
    8-4        (e)  If a license suspension is probated, the board may
    8-5  require the licensee to:
    8-6              (1)  report regularly to the board on matters that are
    8-7  the basis of the probation;
    8-8              (2)  limit practice to the areas prescribed by the
    8-9  board; or
   8-10              (3)  continue or review continuing professional
   8-11  education until the licensee attains a degree of skill satisfactory
   8-12  to the board in those areas that are the basis of the probation.
   8-13        (f)  The schedule of sanctions adopted by the board by rule
   8-14  shall be used by the State Office of Administrative Hearings for
   8-15  any sanction imposed as the result of a hearing conducted by that
   8-16  office.
   8-17        SECTION 22.  Section 19, Licensed Dietitian Act (Article
   8-18  4512h, Vernon's Texas Civil Statutes), is amended to read as
   8-19  follows:
   8-20        Sec. 19.  SUNSET PROVISION.  The Texas State Board of
   8-21  Examiners of Dietitians is subject to Chapter 325, Government Code
   8-22  (Texas Sunset Act).  Unless continued in existence as provided by
   8-23  that chapter, the board is abolished September 1, 2005 <1993>.
   8-24        SECTION 23.  This Act takes effect September 1, 1993.
   8-25        SECTION 24.  The importance of this legislation and the
   8-26  crowded condition of the calendars in both houses create an
   8-27  emergency and an imperative public necessity that the
   8-28  constitutional rule requiring bills to be read on three several
   8-29  days in each house be suspended, and this rule is hereby suspended.
   8-30                               * * * * *
   8-31                                                         Austin,
   8-32  Texas
   8-33                                                         May 3, 1993
   8-34  Hon. Bob Bullock
   8-35  President of the Senate
   8-36  Sir:
   8-37  We, your Committee on Health and Human Services to which was
   8-38  referred S.B. No. 1434, have had the same under consideration, and
   8-39  I am instructed to report it back to the Senate with the
   8-40  recommendation that it do not pass, but that the Committee
   8-41  Substitute adopted in lieu thereof do pass and be printed.
   8-42                                                         Zaffirini,
   8-43  Chair
   8-44                               * * * * *
   8-45                               WITNESSES
   8-46                                                  FOR   AGAINST  ON
   8-47  ___________________________________________________________________
   8-48  Name:  Rebecca Berryhill                                       x
   8-49  Representing:  TX ST BD of Ex of Dietitians
   8-50  City:  Austin
   8-51  -------------------------------------------------------------------
   8-52  Name:  Mariam Curry                              x
   8-53  Representing:  Tx Dietetic Asso.
   8-54  City:  Midland
   8-55  -------------------------------------------------------------------
   8-56  Name:  Beth Gillham                              x
   8-57  Representing:  Tx Dietitic Asso.
   8-58  City:  Austin
   8-59  -------------------------------------------------------------------
   8-60  Name:  Kathy Stephens                            x
   8-61  Representing:  Tx Dietetic Asso.
   8-62  City:  Ft Worth
   8-63  -------------------------------------------------------------------
   8-64  Name:  Greg Hooser                               x
   8-65  Representing:  Tx Dietetic Asso.
   8-66  City:  Austin
   8-67  -------------------------------------------------------------------
   8-68  Name:  Molly Gee                                 x
   8-69  Representing:  Tx Dietetic Asso.
   8-70  City:  Houston
    9-1  -------------------------------------------------------------------
    9-2  Name:  Fran M. Connor                            x
    9-3  Representing:  Intn'l Am Asso. Clinical Nutri
    9-4  City:  Waco
    9-5  -------------------------------------------------------------------
    9-6  Name:  Dr. Ken Cooper                            x
    9-7  Representing:  Intn'l Am Asso. Clinical Nutri
    9-8  City:  Bedford
    9-9  -------------------------------------------------------------------
   9-10                                                  FOR   AGAINST  ON
   9-11  ___________________________________________________________________
   9-12  Name:  Winna C. Henry
   9-13  Representing:  Intn'l Am Asso. Clinical Nutri
   9-14  City:  Dallas
   9-15  -------------------------------------------------------------------