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.