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 -------------------------------------------------------------------