74R10367 JMM-F
By Berlanga H.B. No. 1193
Substitute the following for H.B. No. 1193:
By Wohlgemuth C.S.H.B. No. 1193
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of orthotists and prosthetists;
1-3 providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 132, Revised Statutes, is amended by adding
1-6 Article 8920 to read as follows:
1-7 Art. 8920. REGULATION OF ORTHOTISTS AND PROSTHETISTS
1-8 Sec. 1. SHORT TITLE. This article may be cited as the
1-9 Orthotics and Prosthetics Act.
1-10 Sec. 2. DEFINITIONS. In this Act:
1-11 (1) "Board" means the Texas Board of Orthotics and
1-12 Prosthetics.
1-13 (2) "Commissioner" means the commissioner of public
1-14 health.
1-15 (3) "Custom-fabricated" means an orthosis or
1-16 prosthesis has been designed, fabricated, fitted, and aligned
1-17 specifically for an individual in accordance with sound
1-18 biomechanical principles.
1-19 (4) "Custom-fitted" means an orthosis or prosthesis
1-20 that has been adjusted and aligned for a specific individual
1-21 according to sound biomechanical principles.
1-22 (5) "Department" means the Texas Department of Health.
1-23 (6) "License" includes a license, registration,
1-24 certificate, accreditation, or other authorization issued under
2-1 this Act to engage in an activity regulated under this Act.
2-2 (7) "Licensed orthotist" means a person licensed under
2-3 this Act who practices orthotics and represents the person to the
2-4 public by a title or description of services that includes the term
2-5 "orthotics," "orthotists," "brace," "orthotic," or a similar title
2-6 or description of services.
2-7 (8) "Licensed orthotist assistant" means a person
2-8 licensed under this Act who assists and is under the supervision at
2-9 an orthotic or prosthetic facility of a licensed orthotist
2-10 responsible for the acts of the assistant.
2-11 (9) "Licensed prosthetist" means a person licensed
2-12 under this Act who practices prosthetics and represents the person
2-13 to the public by a title or description of services that includes
2-14 the term "prosthetics," "prosthetist," "prosthetic," "artificial
2-15 limb," or a similar title or description of services.
2-16 (10) "Licensed prosthetist assistant" means a person
2-17 licensed under this Act who assists and is under the supervision at
2-18 an orthotic or prosthetic facility of a licensed prosthetist
2-19 responsible for the acts of the assistant.
2-20 (11) "Licensed prosthetist orthotist" means a person
2-21 licensed under this Act who practices both prosthetics and
2-22 orthotics and represents the person to the public by a title or
2-23 description of services that includes the terms "prosthetics
2-24 orthotics," "prosthetist orthotist," "prosthetic orthotic,"
2-25 "artificial limb," "brace," or a similar title or description of
2-26 services.
2-27 (12) "Licensed prosthetist orthotist assistant" means
3-1 a person licensed under this Act who assists and is under the
3-2 supervision at an orthotic or prosthetic facility of a licensed
3-3 prosthetist orthotist responsible for the acts of the assistant.
3-4 (13) "Orthosis" means a custom-fabricated or
3-5 custom-fitted medical device designed to provide for the support,
3-6 alignment, prevention, or correction of neuromuscular or
3-7 musculoskeletal disease, injury, or deformity. The term does not
3-8 include a fabric or elastic support, corset, arch support,
3-9 low-temperature plastic splint, truss, elastic hose, cane, crutch,
3-10 soft cervical collar, an orthosis for diagnostic or evaluation
3-11 purposes, dental appliance, or any other similar device carried in
3-12 stock and sold by a drugstore, department store, or corset shop.
3-13 (14) "Orthotic or prosthetic facility" means a
3-14 physical site, including a building or office, where the profession
3-15 and practice of orthotics or prosthetics takes place.
3-16 (15) "Orthotics" means the science and practice of
3-17 measuring, designing, fabricating, assembling, fitting, adjusting,
3-18 or servicing an orthosis under an order from a licensed physician,
3-19 chiropractor, or podiatrist for the correction or alleviation of
3-20 neuromuscular or musculoskeletal dysfunction, disease, injury, or
3-21 deformity.
3-22 (16) "Person" means an individual, corporation,
3-23 partnership, association, or other organization.
3-24 (17) "Profession of orthotics or prosthetics" means
3-25 allied health care medical services used to identify, prevent,
3-26 correct, or alleviate acute or chronic neuromuscular or
3-27 musculoskeletal dysfunctions of the human body that support and
4-1 provide rehabilitative health care services concerned with the
4-2 restoration of function, prevention, or progression of disabilities
4-3 resulting from disease, injury, or congenital anomalies. Orthotic
4-4 and prosthetic services include direct patient care, including
4-5 consultation, evaluation, treatment, education, and advice to
4-6 maximize the rehabilitation potential of disabled individuals.
4-7 (18) "Prosthesis" means a custom-fabricated or fitted
4-8 medical device that is not surgically implanted and is used to
4-9 replace a missing limb, appendage, or other external human body
4-10 part, including an artificial limb, hand, or foot. The term does
4-11 not include an artificial eye, ear, finger, or toe, a dental
4-12 appliance, a cosmetic device, including an artificial breast,
4-13 eyelash, or wig, or other device that does not have a significant
4-14 impact on the musculoskeletal functions of the body.
4-15 (19) "Prosthetics" means the science and practice of
4-16 measuring, designing, fabricating, assembling, fitting, adjusting,
4-17 or servicing a prosthesis under an order from a licensed physician,
4-18 chiropractor, or podiatrist.
4-19 (20) "Registered orthotic technician" means a person
4-20 registered under this Act who fabricates, assembles, and services
4-21 orthoses under the direction of a licensed orthotist or licensed
4-22 orthotist assistant responsible for the acts of the technician.
4-23 (21) "Registered prosthetic orthotic technician" means
4-24 a person registered under this Act who fabricates, assembles, or
4-25 services prostheses and orthoses under the direction of a licensed
4-26 orthotist and licensed prosthetist, a licensed prosthetist
4-27 orthotist, or a licensed orthotist assistant, licensed prosthetist
5-1 assistant, or licensed prosthetist orthotist assistant responsible
5-2 for the acts of the technician.
5-3 (22) "Registered prosthetic technician" means a person
5-4 registered under this Act who fabricates, assembles, or services
5-5 prostheses under the direction of a licensed prosthetist or
5-6 licensed prosthetist assistant responsible for the acts of the
5-7 technician.
5-8 Sec. 3. BOARD. (a) The Texas Board of Orthotics and
5-9 Prosthetics is established as a part of the department and shall
5-10 perform its duties as a board with the department.
5-11 (b) The board consists of six members appointed by the
5-12 governor with the advice and consent of the senate. Appointments
5-13 to the board shall be made without regard to the race, color,
5-14 disability, sex, religion, age, or national origin of the
5-15 appointees.
5-16 (c) Members of the board are appointed for staggered
5-17 six-year terms, with two members' terms expiring on February 1 of
5-18 each odd-numbered year.
5-19 (d) One member of the board must be a licensed orthotist, be
5-20 a resident of this state, and have practiced orthotics for the five
5-21 years preceding the date of appointment. One member of the board
5-22 must be a licensed prosthetist, be a resident of this state, and
5-23 have practiced prosthetics for the five years preceding the date of
5-24 appointment. One member of the board must be a licensed
5-25 prosthetist orthotist, be a resident of this state, and have
5-26 practiced prosthetics and orthotics for the five years preceding
5-27 the date of appointment. One member of the board must be a
6-1 representative of the public who uses an orthosis. One member of
6-2 the board must be a representative of the public who uses a
6-3 prosthesis. One member of the board must be a representative of
6-4 the public who does not use an orthosis or prosthesis.
6-5 (e) A vacancy on the board shall be filled by appointment by
6-6 the governor of an individual who has the appropriate
6-7 qualifications. The appointed person serves for the remainder of
6-8 the term.
6-9 (f) A member of the board is not liable for damages in a
6-10 civil action for any act performed in good faith in the execution
6-11 of the member's duties.
6-12 (g) The board is subject to Chapter 325, Government Code
6-13 (Texas Sunset Act). Unless continued in existence as provided by
6-14 that chapter, the board is abolished and this Act expires September
6-15 1, 2007.
6-16 Sec. 4. REMOVAL FROM BOARD. (a) It is ground for removal
6-17 from the board if a member:
6-18 (1) does not have at the time of appointment the
6-19 qualifications required for appointment to the board;
6-20 (2) does not maintain during service on the board the
6-21 qualifications required for appointment to the board;
6-22 (3) violates a prohibition established by this Act;
6-23 (4) cannot discharge the member's duties for a
6-24 substantial part of the term for which the member is appointed
6-25 because of illness or disability; or
6-26 (5) is absent from more than half of the regularly
6-27 scheduled board meetings that the member is eligible to attend
7-1 during a calendar year unless the absence is excused by majority
7-2 vote of the board.
7-3 (b) The validity of an action of the board is not affected
7-4 by the fact that the action was taken when a ground for removal of
7-5 a member of the board existed.
7-6 (c) If the executive director has knowledge that a potential
7-7 ground for removal exists, the executive director shall notify the
7-8 presiding officer of the board of the ground. The presiding
7-9 officer shall then notify the governor that a potential ground for
7-10 removal exists.
7-11 Sec. 5. BOARD POWERS AND DUTIES. (a) The board shall
7-12 review applications for a license at least once each year at
7-13 reasonable times and places designated by the board.
7-14 (b) The board may collect license application fees, renewal
7-15 fees, examination fees, and other fees for other administrative
7-16 expenses. If the General Appropriations Act does not set the
7-17 amount of those fees, the board shall set the fees in amounts
7-18 reasonable and necessary for the administration and implementation
7-19 of this Act.
7-20 (c) The board shall approve any examination required for a
7-21 license under this Act. Each examination shall be offered at least
7-22 once each year.
7-23 (d) The board may:
7-24 (1) investigate complaints;
7-25 (2) issue, suspend, deny, and revoke licenses;
7-26 (3) reprimand license holders and place license
7-27 holders on probation;
8-1 (4) issue subpoenas; and
8-2 (5) hold hearings.
8-3 (e) The board shall keep an information file about each
8-4 complaint that is filed with the board relating to a person or
8-5 entity regulated by the board. If a written complaint that the
8-6 board has authority to resolve is filed with the board, the board,
8-7 at least as frequently as quarterly and until the final disposition
8-8 of the complaint, shall notify the parties to the complaint of the
8-9 status of the complaint unless the notice would jeopardize an
8-10 undercover investigation.
8-11 (f) The board shall propose rules consistent with this Act
8-12 to carry out its duties in administering this Act and submit the
8-13 proposed rules to the attorney general for review. The board shall
8-14 adopt rules consistent with the advice of the attorney general. In
8-15 adopting rules, the board shall consider the applicable policies
8-16 and procedures of the department.
8-17 (g) The commissioner, with the advice of the board, shall
8-18 appoint an executive director to administer this Act. The board
8-19 may use personnel, facilities, furniture, equipment, and other
8-20 items supplied by the department to administer this Act.
8-21 (h) The executive director or the executive director's
8-22 designee shall develop an intra-agency career ladder program. The
8-23 program shall require intra-agency posting of all nonentry level
8-24 positions concurrently with any public posting.
8-25 (i) The executive director or the executive director's
8-26 designee shall develop a system of annual performance evaluation
8-27 based on measurable job tasks. All merit pay for board employees
9-1 shall be based on the system established under this subsection.
9-2 (j) The board shall prepare information of consumer interest
9-3 describing the regulatory functions of the board and legal rights
9-4 of consumers as provided by this Act.
9-5 (k) The board shall assist legal authorities in the
9-6 prosecution of any person violating this Act.
9-7 (l) The board shall prepare or approve continuing education
9-8 programs for license holders and shall adopt rules that require a
9-9 license holder to participate in an approved continuing education
9-10 program to renew a license issued under this Act.
9-11 (m) The board shall develop and implement policies that
9-12 clearly define the respective responsibilities of the governing
9-13 body of the board and the staff of the board.
9-14 Sec. 6. PUBLIC INFORMATION. (a) The board shall prepare
9-15 information of public interest describing the functions of the
9-16 board and describing the procedures by which complaints are filed
9-17 with and resolved by the board. The board shall make the
9-18 information available to the general public and appropriate state
9-19 agencies.
9-20 (b) The board by rule shall establish methods by which
9-21 consumers and service recipients are notified of the name, mailing
9-22 address, and telephone number of the board for the purpose of
9-23 directing complaints to the board. The board may provide for that
9-24 notification:
9-25 (1) on each registration form, application, or written
9-26 contract for services of an individual or entity regulated by the
9-27 board;
10-1 (2) on a sign prominently displayed in the place of
10-2 business of each individual or entity regulated by the board; or
10-3 (3) in a bill for service provided by an individual or
10-4 entity regulated by the board.
10-5 (c) The board shall list along with its regular telephone
10-6 number the toll-free telephone number that may be called to present
10-7 a complaint about a person regulated or required to be regulated
10-8 under this Act if the toll-free number is established under other
10-9 state law.
10-10 Sec. 7. PUBLIC PARTICIPATION IN BOARD MEETINGS. The board
10-11 shall develop and implement policies that provide the public with a
10-12 reasonable opportunity to appear before the board and to speak on
10-13 any issue under the jurisdiction of the board.
10-14 Sec. 8. PROGRAM ACCESSIBILITY. The board shall prepare and
10-15 maintain a written plan that describes how a person who does not
10-16 speak English can be provided reasonable access to the board's
10-17 programs. The board shall also comply with federal and state laws
10-18 for program and facility accessibility.
10-19 Sec. 9. TRAINING; STANDARDS OF CONDUCT INFORMATION. Each
10-20 board member shall comply with the board member training
10-21 requirements established by any other state agency that is given
10-22 authority to establish the requirements for the board.
10-23 Sec. 10. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE
10-24 REQUIREMENTS. The board is subject to Chapters 551 and 2001,
10-25 Government Code.
10-26 Sec. 11. ORGANIZATION OF BOARD. (a) The members of the
10-27 board shall elect from the membership of the board a presiding
11-1 officer, secretary, and other officers required for the conduct of
11-2 business. Special meetings of the board shall be called by the
11-3 presiding officer or on the written request of any three members.
11-4 The board may adopt rules necessary to govern its proceedings.
11-5 (b) The executive director shall keep a record of each
11-6 meeting of the board and maintain a register containing the names
11-7 of all persons holding a license under this Act. The record and
11-8 register shall be open at all times to public inspection. On March
11-9 1 of each year, the executive director shall send an official copy
11-10 of the register of license holders to the secretary of state for
11-11 permanent record. A certified copy of the register is admissible
11-12 as evidence in any court of this state.
11-13 Sec. 12. COMPENSATION. A member of the board is entitled to
11-14 compensation and reimbursement of the member's travel expenses as
11-15 provided by the General Appropriations Act.
11-16 Sec. 13. EFFECT OF LOBBYING ACTIVITY. A person may not
11-17 serve as a member of the board or act as the general counsel to the
11-18 board if the person is required to register as a lobbyist under
11-19 Chapter 305, Government Code, because of the person's activities
11-20 for compensation on behalf of a profession related to the operation
11-21 of the board.
11-22 Sec. 14. PUBLIC MEMBERSHIP RESTRICTION. A person is not
11-23 eligible for appointment by the governor as a public member of the
11-24 board if the person or person's spouse:
11-25 (1) is registered, certified, or licensed by an
11-26 occupational regulatory agency in the field of health care;
11-27 (2) is employed by or participates in the management
12-1 of a business entity or other organization regulated by the board
12-2 or receiving funds from the board;
12-3 (3) owns or controls, directly or indirectly, more
12-4 than a 10 percent interest in a business entity or other
12-5 organization regulated by the board or receiving funds from the
12-6 board; or
12-7 (4) uses or receives a substantial amount of tangible
12-8 goods, services, or funds from the board, other than compensation
12-9 or reimbursement authorized by law for board membership,
12-10 attendance, or expenses.
12-11 Sec. 15. CONFLICT OF INTEREST RESTRICTIONS. (a) An
12-12 officer, employee, or paid consultant of a Texas trade association
12-13 in the field of health care may not be a member or employee of the
12-14 board who is exempt from the state's position classification plan
12-15 or is compensated at or above the amount prescribed by the General
12-16 Appropriations Act for step 1, salary group 17, of the position
12-17 classification salary schedule.
12-18 (b) A person who is the spouse of an officer, manager, or
12-19 paid consultant of a Texas trade association in the field of health
12-20 care may not be a member of the board and may not be an employee of
12-21 the board who is exempt from the state's position classification
12-22 plan or is compensated at or above the amount prescribed by the
12-23 General Appropriations Act for step 1, salary group 17, of the
12-24 position classification salary schedule.
12-25 (c) For the purposes of this section, a Texas trade
12-26 association is a nonprofit, cooperative, and voluntarily joined
12-27 association of business or professional competitors in this state
13-1 designed to assist its members and its industry or profession in
13-2 dealing with mutual business or professional problems and in
13-3 promoting their common interest.
13-4 Sec. 16. AUDIT. The financial transactions of the board are
13-5 subject to audit by the state auditor in accordance with Chapter
13-6 321, Government Code.
13-7 Sec. 17. REPORT TO GOVERNOR AND LEGISLATURE. During January
13-8 of each year, the board shall file with the governor and the
13-9 presiding officer of each house of the legislature a complete and
13-10 detailed written report accounting for all funds received and
13-11 disbursed by the board during the preceding year.
13-12 Sec. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
13-13 executive director or the executive director's designee shall
13-14 prepare and maintain a written policy statement to ensure
13-15 implementation of a program of equal employment opportunity under
13-16 which all personnel transactions are made without regard to race,
13-17 color, disability, sex, religion, age, or national origin. The
13-18 policy statement must include:
13-19 (1) personnel policies, including policies relating to
13-20 recruitment, evaluation, selection, application, training, and
13-21 promotion of personnel that are in compliance with Chapter 21,
13-22 Labor Code;
13-23 (2) a comprehensive analysis of the board workforce
13-24 that meets federal and state guidelines;
13-25 (3) procedures by which a determination can be made of
13-26 significant underutilization in the board workforce of all persons
13-27 for whom federal or state guidelines encourage a more equitable
14-1 balance; and
14-2 (4) reasonable methods to appropriately address those
14-3 areas of underutilization.
14-4 (b) A policy statement prepared under Subsection (a) of this
14-5 section must cover an annual period, be updated annually, be
14-6 reviewed by the Commission on Human Rights for compliance with
14-7 Subsection (a)(1) of this section, and be filed with the governor's
14-8 office.
14-9 (c) The governor's office shall deliver a biennial report to
14-10 the legislature based on the information received under Subsection
14-11 (b) of this section. The report may be made separately or as part
14-12 of other biennial reports to the legislature.
14-13 Sec. 19. NOTICE OF STANDARDS OF CONDUCT. The board shall
14-14 provide to its members and employees, as often as necessary,
14-15 information regarding their qualifications for office or employment
14-16 under this Act and their responsibilities under applicable laws
14-17 relating to standards of conduct for state officers or employees.
14-18 Sec. 20. APPROPRIATIONS TO TEXAS DEPARTMENT OF HEALTH. The
14-19 department shall receive and account for funds derived under this
14-20 Act. The department shall deposit all funds collected under this
14-21 Act to the credit of the general revenue fund.
14-22 Sec. 21. EXEMPTIONS. (a) This Act does not restrict a
14-23 license holder of another state agency from performing health care
14-24 services within the scope of the license holder's applicable
14-25 licensing act if:
14-26 (1) the license holder:
14-27 (A) does not represent to others that the
15-1 license holder practices the profession of orthotics or
15-2 prosthetics;
15-3 (B) is an orthotist, prosthetist, prosthetist
15-4 orthotist or an assistant to a person in one of those professions;
15-5 or
15-6 (C) uses the terms "prosthetist," "prosthesis,"
15-7 "prosthetic," "artificial limb," "orthotist," "orthosis,"
15-8 "orthotic," "brace" or uses the letters "LP," "LPA," "LO," "LOA,"
15-9 "LPO," "LPOA" or any derivative of those terms or letters in
15-10 connection with the license holder's name or practice; and
15-11 (2) the license holder practices in conformance with
15-12 the applicable laws and rules relating to the person's license and
15-13 does not violate Section 22 of this Act.
15-14 (b) This Act does not apply to the activities and services
15-15 of a person acting as a student in orthotics or prosthetics
15-16 pursuing a course of study in a prosthetic or orthotic program at a
15-17 college or university recognized by the American Medical
15-18 Association and accredited by the Commission on Accreditation of
15-19 Allied Health Education Programs or working in a recognized
15-20 training center or research facility if those activities and
15-21 services constitute a part of the person's course of study in the
15-22 discipline in which the person's supervisor is licensed under this
15-23 Act.
15-24 (c) This Act does not apply to a podiatrist practicing under
15-25 the law regulating podiatry (Article 4567 et seq., Revised
15-26 Statutes).
15-27 (d) This Act does not apply to a pedorthist certified by the
16-1 Board for Certification in Pedorthics. For the purposes of this
16-2 subsection, a certified pedorthist is a person certified by the
16-3 Board for Certification in Pedorthics, or its successor entity, in
16-4 the design, manufacture, fit, and modification of shoes and related
16-5 foot orthoses below the ankle as prescribed by a licensed doctor of
16-6 medicine or a doctor of podiatry for the amelioration of a painful
16-7 or disabling condition of the foot. "Foot orthosis" includes
16-8 prosthetic toe fillers or orthosis for use below the ankle.
16-9 (e) This Act does not apply to a certified fitter or
16-10 certified master orthotist who holds a credential issued by the
16-11 National Association of Retail Druggists if the fitter or master
16-12 orthotist is working within that person's scope of practice as
16-13 defined by the maximum allowable payment schedule of the Texas
16-14 Rehabilitation Commission.
16-15 Sec. 22. PROHIBITED ACTS. (a) A person may not practice,
16-16 attempt to practice, or offer to practice prosthetics or orthotics,
16-17 act as an assistant to a person who practices prosthetics or
16-18 orthotics, or in any way hold the person out as being able to
16-19 practice prosthetics or orthotics unless the person holds a license
16-20 issued by the board under this Act.
16-21 (b) A person or the person's employees, agents, or
16-22 representatives may not use in connection with the person's name or
16-23 business activities the terms or a combination of the terms or
16-24 letters described in Section 21(a)(1), indicate orally or in
16-25 writing, directly or by implication, that a prosthetic or orthotic
16-26 service is provided or supplied, or extend or provide prosthetic or
16-27 orthotic services unless the person is a prosthetist or orthotist
17-1 or an assistant to a prosthetist or orthotist licensed under this
17-2 Act.
17-3 (c) A person licensed under this Act violates this Act if
17-4 the person violates Section 161.091, Health and Safety Code.
17-5 Sec. 23. PROSTHETIST AND ORTHOTIST LICENSE REQUIREMENTS.
17-6 (a) To obtain a license to practice prosthetics or orthotics in
17-7 this state, an individual must file a written application with the
17-8 board on the form provided by the board, pay the nonrefundable
17-9 application fee prescribed by the board, and have:
17-10 (1) completed the formal training, including the
17-11 required hours of classroom education and clinical practice, in an
17-12 area of study the board by rule determines to be necessary and
17-13 appropriate;
17-14 (2) completed a clinical residency in the professional
17-15 area for which licensure is sought that complies with the
17-16 standards, guidelines, or procedures established by the board for a
17-17 clinical residency offered in this state or in another state; and
17-18 (3) passed all written and practical examinations
17-19 approved and required by the board.
17-20 (b) The requirements for a license established by board rule
17-21 must include:
17-22 (1) either:
17-23 (A) a bachelor's degree in orthotics and
17-24 prosthetics from a college or university educational program
17-25 recognized by the American Medical Association and the Commission
17-26 on Accreditation of Allied Health Education Programs; or
17-27 (B) a bachelor's degree and a prosthetic or
18-1 orthotic certificate from a practitioner educational program
18-2 recognized by the American Medical Association and the Commission
18-3 on Accreditation of Allied Health Education Programs; and
18-4 (2) not less than 1,900 hours of professional clinical
18-5 residency completed under the direct supervision of a licensed
18-6 orthotist, licensed prosthetist, or a licensed prosthetist
18-7 orthotist in the discipline for which licensure is sought.
18-8 (c) A person may apply for an exemption from the license
18-9 requirements adopted by the board under this section if the person
18-10 applies not later than the 181st day after the date the board's
18-11 initial rules under this Act are finally adopted and published and
18-12 the person is a resident of this state who must have provided
18-13 comprehensive orthotic, prosthetic, or orthotic and prosthetic care
18-14 in this state for the three years preceding the date of the
18-15 application.
18-16 (d) A person who has not provided comprehensive orthotic,
18-17 prosthetic, or orthotic and prosthetic care for the three years
18-18 required by Subsection (c) of this section may obtain a license to
18-19 practice in this state by completing and passing all written and
18-20 practical examinations approved and required by the board.
18-21 Sec. 24. PROSTHETIST OR ORTHOTIST ASSISTANT LICENSE. (a)
18-22 An applicant for a license as a prosthetist assistant or orthotist
18-23 assistant must file a written application with the board on a form
18-24 provided by the board and pay the nonrefundable application fee
18-25 prescribed by the board.
18-26 (b) An applicant under this section must present evidence
18-27 satisfactory to the board that the applicant has completed an
19-1 educational program, including courses in the anatomical,
19-2 biological, and physical sciences, and clinical residency as
19-3 prescribed and adopted by the board.
19-4 (c) An assistant licensed under this section may provide
19-5 only ancillary patient care services, as defined by the board, in
19-6 the discipline in which the assistant's supervisor is licensed
19-7 under this Act.
19-8 (d) A person may apply for an exemption from the license
19-9 requirements adopted by the board under this section if the person
19-10 applies not later than the 181st day after the date the board's
19-11 initial rules under this Act are finally adopted and published and
19-12 if the person is a resident of this state who has practiced within
19-13 the scope of practice of an assistant, as defined by the board, for
19-14 five consecutive years in this state.
19-15 Sec. 25. PROSTHETIC OR ORTHOTIC TECHNICIAN REGISTRATION.
19-16 (a) An applicant for registration as a registered prosthetic
19-17 technician or registered orthotic technician must file a written
19-18 application with the board on a form provided by the board and pay
19-19 the nonrefundable application fee prescribed by the board.
19-20 (b) An applicant under this section must present evidence
19-21 satisfactory to the board that the applicant has completed an
19-22 educational program and laboratory experience as prescribed and
19-23 adopted by the board.
19-24 (c) A person may apply for an exemption from the
19-25 registration requirements adopted by the board under this section
19-26 if the person applies not later than the 181st day after the date
19-27 the board's initial rules under this Act are finally adopted and
20-1 published and if the person is a resident of this state who has
20-2 practiced as an orthotic or prosthetic technician for five
20-3 consecutive years in this state.
20-4 Sec. 26. ACCREDITATION OF FACILITIES. (a) The board by
20-5 rule shall adopt requirements for the accreditation and the renewal
20-6 of an accreditation of an orthotic or prosthetic facility in which
20-7 the profession and practice of orthotics or prosthetics is
20-8 conducted.
20-9 (b) If one or more facilities are owned by a person, the
20-10 board may require only one application for the accreditation of all
20-11 the person's facilities. Each orthotic or prosthetic facility must
20-12 meet the requirements prescribed by the board.
20-13 (c) An orthotic or prosthetic facility must be under the
20-14 on-site direction of an orthotist or prosthetist licensed by the
20-15 board in the discipline for which accreditation is sought.
20-16 (d) The rules adopted under this section may not prohibit a
20-17 licensed individual from practicing in an orthotic or prosthetic
20-18 facility within the scope of the individual's license.
20-19 Sec. 27. ISSUANCE OF LICENSE. (a) The board shall issue a
20-20 license in prosthetics or orthotics to an applicant who meets the
20-21 qualifications established under this Act and the requirements
20-22 adopted by the board as provided by this Act. A license is valid
20-23 for two years from the date issued and may be renewed before
20-24 expiration.
20-25 (b) The board may issue a license or registration under this
20-26 Act only to an individual. The board may issue an accreditation
20-27 only to an orthotic or prosthetic facility.
21-1 (c) A license may be granted in either orthotics or
21-2 prosthetics, or in both fields, if the person meets the
21-3 requirements established by the board.
21-4 Sec. 28. PROVISIONAL LICENSE. (a) A person practicing
21-5 comprehensive prosthetic or orthotic patient management who does
21-6 not meet the requirements of this Act for licensing as a
21-7 prosthetist or orthotist by October 1, 1996, and is not exempt
21-8 under this Act, must comply with the requirements of Sections
21-9 23(a) and (b) of this Act on or before October 1, 2002.
21-10 (b) A person subject to this section may apply for a
21-11 prosthetist or orthotist provisional license by filing a written
21-12 application with the board on a form provided by the board and
21-13 paying a nonrefundable application fee prescribed by the board.
21-14 (c) A provisional license may only be issued to an
21-15 individual who is actively engaged in complying with the
21-16 educational and clinical licensing requirements of Sections 23(a)
21-17 and (b) of this Act. A provisional license may be revoked by the
21-18 board if the board determines that the provisional license holder
21-19 is not in compliance with this section.
21-20 (d) A provisional license is valid for two years from the
21-21 date issued and may be renewed with documentation as required by
21-22 board rule.
21-23 (e) This section expires January 1, 2003.
21-24 Sec. 29. TEMPORARY LICENSE. (a) The board may issue a
21-25 temporary license to an individual who:
21-26 (1) has recently become a resident of this state;
21-27 (2) has applied for licensing as an orthotist,
22-1 prosthetist, or both; and
22-2 (3) has been licensed by the state in which the person
22-3 formerly resided that has licensing requirements that are equal to
22-4 or exceed the requirements of this Act.
22-5 (b) A temporary license is valid for one year from the date
22-6 issued. A temporary license may be renewed for not more than one
22-7 additional year if the applicant presents to the board sufficient
22-8 evidence of good cause for renewal.
22-9 Sec. 30. STUDENT REGISTRATION. (a) The board may issue a
22-10 student registration certificate to an individual who:
22-11 (1) holds either:
22-12 (A) a bachelor's degree in orthotics and
22-13 prosthetics conferred by a college or university recognized by the
22-14 American Medical Association and accredited by the Commission on
22-15 Accreditation of Allied Health Education Programs; or
22-16 (B) a bachelor's degree and an orthotic or
22-17 prosthetic certificate from an educational program recognized by
22-18 the American Medical Association and accredited by the Commission
22-19 on Accreditation of Allied Health Education Programs; and
22-20 (2) is working toward fulfillment of the requirements
22-21 for licensing as a prosthetist, orthotist, or prosthetist
22-22 orthotist.
22-23 (b) A student registrant may work only under the direct
22-24 supervision of a licensed orthotist, licensed prosthetist, or
22-25 licensed prosthetist orthotist who is responsible for the acts of
22-26 the student registrant and is licensed in the discipline of the
22-27 clinical residency.
23-1 (c) A student registration certificate is valid for two
23-2 years from the date issued and may be renewed once for an
23-3 additional two years.
23-4 Sec. 31. EXAMINATION EXEMPTION. The board may accept as a
23-5 substitute for the examination requirement proof that the applicant
23-6 for the exemption holds a current license in a state that has
23-7 licensing requirements that are equal to or exceed the requirements
23-8 of this Act.
23-9 Sec. 32. CONTINUING EDUCATION. (a) An applicant for
23-10 renewal of a license shall submit to the board evidence of
23-11 satisfactory completion of the continuing education requirements
23-12 required by the board.
23-13 (b) The board shall notify each license holder of the
23-14 holder's failure to comply with the board's continuing education
23-15 requirements and shall notify the license holder that if the holder
23-16 does not obtain the required continuing education before the
23-17 expiration of three months after the date the notice was given, the
23-18 board may take any action authorized by this Act concerning the
23-19 suspension or revocation of the holder's license.
23-20 Sec. 33. DISCIPLINARY PROVISIONS. (a) After notice and
23-21 opportunity for a hearing, the board may revoke, suspend, or refuse
23-22 to renew a license issued under this Act on a finding that:
23-23 (1) the license was obtained by fraud,
23-24 misrepresentation, or concealment of a material fact;
23-25 (2) the person engaged in fraud or deceit in
23-26 connection with services provided by the person;
23-27 (3) the person engaged in unprofessional or unethical
24-1 conduct;
24-2 (4) the person engaged in gross negligence or
24-3 malpractice; or
24-4 (5) the person violated this Act or a rule adopted
24-5 under this Act.
24-6 (b) A license revoked under Subsection (a) of this section
24-7 may be reinstated after the first anniversary of the date of the
24-8 revocation by the board on terms the board determines to be
24-9 necessary.
24-10 Sec. 34. CIVIL PENALTY. (a) A person who violates this Act
24-11 is subject to a civil penalty of $200 for the first violation and
24-12 $500 for each subsequent violation. At the request of the board,
24-13 the attorney general shall bring an action in the name of the state
24-14 to collect a civil penalty under this section.
24-15 (b) Each day a violation of Section 22 of this Act continues
24-16 is a separate violation for the purpose of this section.
24-17 SECTION 2. (a) In making the initial appointments to the
24-18 Texas Board of Orthotics and Prosthetics, the governor shall, not
24-19 later than October 1, 1995, appoint:
24-20 (1) two members for terms expiring February 1, 1997;
24-21 (2) two members for terms expiring February 1, 1999;
24-22 and
24-23 (3) two members for terms expiring February 1, 2001.
24-24 (b) The initial members of the board appointed under
24-25 Subsection (a) of this section shall have the qualifications
24-26 required by this subsection. One member must be an orthotist
24-27 certified by the American Board for Certification in Orthotics and
25-1 Prosthetics, Inc., be a resident of this state, and have practiced
25-2 orthotics for the five years preceding the date of appointment.
25-3 Two members must be orthotists who hold a credential issued by the
25-4 Board of Orthotist Certification, are residents of this state, and
25-5 have practiced orthotics for the five years preceding the date of
25-6 appointment. One member must be a prosthetist orthotist certified
25-7 by the American Board for Certification in Orthotics and
25-8 Prosthetics, Inc., be a resident of this state, and have practiced
25-9 prosthetics and orthotics for the five years preceding the date of
25-10 appointment. One member must be a representative of the public who
25-11 uses an orthosis. One member must be a representative of the
25-12 public who uses a prosthesis.
25-13 (c) A member appointed under this section to a place on the
25-14 board required to be held by a person licensed under Article 8920,
25-15 Revised Statutes, as added by this Act, may continue to serve
25-16 without having the appropriate license until February 1, 1997, by
25-17 which date the person must obtain the required license.
25-18 (d) The board shall adopt rules under Article 8920, Revised
25-19 Statutes, as added by this Act, not later than October 1, 1996.
25-20 SECTION 3. (a) Except as provided by Subsection (b) of this
25-21 section, this Act takes effect September 1, 1995.
25-22 (b) Sections 22 and 34, Article 8920, Revised Statutes, as
25-23 added by this Act, take effect October 1, 1996.
25-24 SECTION 4. The importance of this legislation and the
25-25 crowded condition of the calendars in both houses create an
25-26 emergency and an imperative public necessity that the
25-27 constitutional rule requiring bills to be read on three several
26-1 days in each house be suspended, and this rule is hereby suspended.