By Van de Putte                                       H.B. No. 2169
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the membership and powers of the Health Professions
    1-3  Council.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1(b), Article 4512p, Revised Statutes, is
    1-6  amended to read as follows:
    1-7        (b)  The council consists of one representative appointed by
    1-8  each of the following:
    1-9              (1)  the Texas Board of Chiropractic Examiners;
   1-10              (2)  the State Board of Dental Examiners;
   1-11              (3)  the Texas Optometry Board;
   1-12              (4)  the Texas State Board of Pharmacy;
   1-13              (5)  the Texas State Board of Podiatry Examiners;
   1-14              (6)  the State Board of Veterinary Medical Examiners;
   1-15              (7)  the Texas State Board of Medical Examiners;
   1-16              (8)  the Board of Nurse Examiners;
   1-17              (9)  the Texas State Board of Examiners of
   1-18  Psychologists;
   1-19              (10)  the Board of Vocational Nurse Examiners;
   1-20              (11)  the entity that regulates the practice of
   1-21  physical therapy;
   1-22              (12)  the entity that regulates the practice of
   1-23  occupational therapy;
   1-24              (13)  the professional <health> licensing division of
    2-1  the Texas Department of <Public> Health; <and>
    2-2              (14)  the governor's office;
    2-3              (15)  the Advisory Board of Athletic Trainers;
    2-4              (16)  the State Board of Examiners for Speech-Language
    2-5  Pathology and Audiology;
    2-6              (17)  the State Committee of Examiners in the Fitting
    2-7  and Dispensing of Hearing Instruments;
    2-8              (18)  the Texas State Board of Examiners of Dietitians;
    2-9              (19)  the Texas State Board of Examiners of Marriage
   2-10  and Family Therapists;
   2-11              (20)  the Texas Board of Nursing Facility
   2-12  Administrators;
   2-13              (21)  the Texas State Board of Examiners of
   2-14  Perfusionists;
   2-15              (22)  the Texas State Board of Examiners of
   2-16  Professional Counselors;
   2-17              (23)  the Texas Board of Licensure for Professional
   2-18  Medical Physicists; and
   2-19              (24)  the Texas State Board of Social Worker Examiners.
   2-20        SECTION 2.  Section 8(d), Article 4512p, Revised Statutes, is
   2-21  amended to read as follows:
   2-22        (d)  The council shall:
   2-23              (1)  adopt a memorandum of understanding with the
   2-24  General Services Commission to develop and implement a plan to
   2-25  collocate the staffs of the boards listed by Section 1(b) of this
   2-26  article, except that the memorandum shall provide for a study of
   2-27  the feasibility of relocating the professional <health> licensing
    3-1  division of the Texas Department of <Public> Health with the
    3-2  collocated staffs;
    3-3              (2)  study and report to the 74th Legislature those
    3-4  administrative functions performed by the boards listed in Section
    3-5  1(b) of this article that would be feasible for consolidation,
    3-6  provided that the boards listed in Section 1(b) of this article may
    3-7  adopt memoranda of understanding and contract with each other to
    3-8  share services and personnel at any time prior to submission of the
    3-9  report, subject to approval of the Legislative Budget Board;
   3-10              (3)  study and report to the 74th Legislature, in
   3-11  coordination with the Legislative Budget Board and the governor's
   3-12  office of budget and planning, a uniform budget plan and
   3-13  standardized budget performance objectives, provided the
   3-14  Legislative Budget Board may force compliance with this subdivision
   3-15  at an earlier date;
   3-16              (4)  develop and implement, in coordination with the
   3-17  staffs of the Legislative Budget Board, the governor's office of
   3-18  budget and planning, and the professional licensing division of the
   3-19  Texas Department of <Public> Health, information necessary to
   3-20  prepare statistical comparisons of licensing functions and unit
   3-21  costs of all boards represented on the council;
   3-22              (5)  develop and implement a plan to centralize the
   3-23  receipt and referral of complaints for member agencies using the
   3-24  toll-free complaint number established under Section 2 of this
   3-25  article;
   3-26              (6)  study the feasibility of centralizing the
   3-27  investigation of complaints; and
    4-1              (7)  study and report to the 74th Legislature on the
    4-2  consequences to the quality of health care services by third-party
    4-3  review and approval of health care provider treatment decisions and
    4-4  claims submission by nonlicensed personnel and determine the
    4-5  feasibility of establishing a statutory requirement to limit the
    4-6  reviews and approvals to licensed professionals in their respective
    4-7  health care fields within their respective scopes of practice and
    4-8  the feasibility of enacting a statutory limitation or prohibition
    4-9  to prevent individuals who are not licensed health care providers
   4-10  from intervening in health care decisions. The report shall also
   4-11  consider the necessity of requiring due process steps for appeals
   4-12  of claims and treatment denials for health care providers.
   4-13        SECTION 3.  (a)  As soon as possible after the effective date
   4-14  of this Act, the state board or committee added to the Health
   4-15  Professions Council by this Act shall appoint that entity's
   4-16  representative to the Health Professions Council.
   4-17        (b)  Until all initial appointments are made under Sections
   4-18  1(b)(15)-(24), Article 4512p, Revised Statutes, as added by this
   4-19  Act, a quorum of the Health Professions Council is a majority of
   4-20  the members of the council who have qualified for office.
   4-21        SECTION 4.  The importance of this legislation and the
   4-22  crowded condition of the calendars in both houses create an
   4-23  emergency and an imperative public necessity that the
   4-24  constitutional rule requiring bills to be read on three several
   4-25  days in each house be suspended, and this rule is hereby suspended,
   4-26  and that this Act take effect and be in force from and after its
   4-27  passage, and it is so enacted.