By Rodriguez                                          H.B. No. 2932
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the practice of kinesiotherapy,
    1-3  including the creation of The Texas Advisory Board of
    1-4  Kinesiotherapy.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6                              Article 1.
    1-7              THE TEXAS ADVISORY BOARD OF KINESIOTHERAPY
    1-8        Section 1.01 Chapter 6D, Title 71, Revised Statutes, is
    1-9  amended by adding Article 4512e-2 to read as follows:
   1-10        Art. 4512e-2.  REGULATION OF KINESIOTHERAPISTS AND
   1-11  KINESIOTHERAPY ESTABLISHMENTS
   1-12        Sec. 1.  DEFINITIONS.  In this act:
   1-13        (1)  "Kinesiotherapy" means the treatment of the effects of
   1-14  disease, injury and congenital disorders through the use of
   1-15  therapeutic exercise and education.  Kinesiotherapists specialize
   1-16  in the application of kinesiological principals and the concepts of
   1-17  adaptive physical education  as a means to assess the natural
   1-18  movements and functions of the healthy human body as compared to
   1-19  the movements and functions of those that are affected by disease,
   1-20  injury and congenital disorders, for the purpose of determining how
   1-21  individuals with such afflictions may optimize their existing
   1-22  physical abilities, and for the purpose of restoring those physical
   1-23  abilities which have been impaired, through the use of regimented
    2-1  education and exercise.  A related term for kinesiotherapy is
    2-2  kinesiology.  As used in this Act, the term kinesiotherapy does not
    2-3  include any service or procedure for which a license to practice
    2-4  medicine, chiropractic, physical therapy, or podiatry is required
    2-5  by law; nor does it include the use of massage, mechanical devices,
    2-6  heat, cold, air, light, electricity or sound in treatment; nor the
    2-7  curing or relieving of pain, except through the use of
    2-8  kinesiological principals and education to prevent exacerbation or
    2-9  aggravation of existing symptoms.  The term includes, but is not
   2-10  limited to:
   2-11              (a)  the physical evaluation of muscular strength  and
   2-12  endurance, neuromuscular coordination, kinesthesis and
   2-13  proprioception, flexibility and joint range of motion,
   2-14  cardiovascular fitness, and reaction time;
   2-15              (b)  the psychosocial evaluation of appropriateness of
   2-16  behavior, group integration, task planning  and goal-directed
   2-17  behavior, orientation to environment, consistency and
   2-18  appropriateness of affect, assessment of patient-family
   2-19  interaction, and motivation;
   2-20              (c)  intervention in the form of conditioning
   2-21  exercises, progressive-restrictive exercise, flexibility training,
   2-22  aquatic exercise, and balance activities; and
   2-23              (d)  education on the subjects of home exercise
   2-24  programs, body mechanics, patient management instruction for the
   2-25  family, and home modification.
    3-1        (2)  "Kinesiotherapist" means an individual who is
    3-2  registered, as indicated in Sec. 2. of this Act, and who practices
    3-3  or administers kinesiotherapy to a patron of either gender for
    3-4  compensation.
    3-5        (3)  "Kinesiotherapy instructor" means an individual who is a
    3-6  registered kinesiotherapist, who is instructing one or more
    3-7  students in  kinesiotherapy, and whose instruction is approved by
    3-8  the department.
    3-9        (4)  "Kinesiotherapy establishment" means any place of
   3-10  business that advertises kinesiotherapy or offers kinesiotherapy
   3-11  as a service.
   3-12        (5)  "Department" means the Texas Department of Health.
   3-13        (6)  "Board" means the Texas Board of Health.
   3-14        (7)  "Advisory Council" means the Advisory Council on
   3-15  Kinesiotherapy.
   3-16        (8)  "Person" means an individual, partnership, corporation,
   3-17  association, or other legal entity.
   3-18        (9)  "Kinesiotherapy school" means an entity or organization,
   3-19  with at least two instructors, that teaches, at a minimum, the 1000
   3-20  hour course of clinical instruction or required for registration as
   3-21  a kinesiotherapist under this Act and which is recognized as an
   3-22  accredited entity or organization by the Advisory Council of The
   3-23  Texas Kinesiotherapy Association.
   3-24        (10)  "Instructor" means an individual who instructs one or
   3-25  more students in any section of the course of the  1000 hour
    4-1  clinical instruction required for registration as a
    4-2  kinesiotherapist.
    4-3        (11)  "Applicant" means any person, including a
    4-4  kinesiotherapy school, a kinesiotherapy instructor, or a
    4-5  kinesiotherapy establishment, that applies for registration as a
    4-6  kinesiotherapist.
    4-7        (12)  "Examiner" means a registered kinesiotherapist  who
    4-8  administers the practical portion of the state examination to
    4-9  applicants for registration  as kinesiotherapists.
   4-10        (13)  "Internship program" means a program supervised by a
   4-11  kinesiotherapist instructor in which a student provides
   4-12  kinesiotherapy to the general public.  The kinesiotherapy may be
   4-13  for compensation in an amount set by the kinesiotherapy school or
   4-14  kinesiotherapy instructor and paid to the kinesiotherapy school or
   4-15  kinesiotherapy instructor.
   4-16        Sec. 2.  REGISTRATION REQUIREMENTS.  (a)  An individual who
   4-17  practices as a kinesiotherapist, or who represents that the
   4-18  individual is a kinesiotherapist, must register as provided by this
   4-19  Act, unless the individual is exempt from registration.
   4-20        (b)  An individual who registers as a kinesiotherapist under
   4-21  this Act must present evidence satisfactory to the board that the
   4-22  person:
   4-23              (1)  possesses a degree in physical education, with a
   4-24  specialization in kinesiotherapy, from an accredited institution;
   4-25  and
    5-1              (2)  has satisfactorily completed kinesiotherapy
    5-2  studies in a 1000 hour, supervised course of clinical instruction
    5-3  provided by a kinesiotherapy instructor, by a kinesiotherapy school
    5-4  registered by the department, by a state approved education
    5-5  institution, or by any combination of instructors or schools, in
    5-6  which 100 hours are dedicated to the study of Neurology, 200 hours
    5-7  to the study of Orthopedics, 100 hours to the study of Cardiology,
    5-8  100 hours to the study of Pediatrics, 150 hours to the study of
    5-9  Psychiatry, 150 hours to the study of Geriatrics, and 200 hours to
   5-10  the study of a Clinical Specialization; or
   5-11              (3)  is registered as  a kinesiotherapist in another
   5-12  state or country that has and maintains standards and requirements
   5-13  of practice and licensing or registration that substantially
   5-14  conform to those of this state, as determined by the department; or
   5-15              (4)  has practiced kinesiotherapy as a profession for
   5-16  not less than five years in another state or country that does not
   5-17  have or maintain standards and requirements of practice and
   5-18  licensing or registration that substantially conform to those of
   5-19  this state, as determined by the department.
   5-20        (c)  A student in a state-approved course of clinical
   5-21  instruction that consists of a minimum of 1000 hours is exempt from
   5-22  registration under this Act if the student provides kinesiotherapy
   5-23  as part of an internship program or for no compensation.
   5-24        Sec. 2A.  KINESIOTHERAPY SCHOOLS, KINESIOTHERAPY INSTRUCTORS,
   5-25  AND INTERNSHIPS.  (a)   A kinesiotherapy school that offers, at a
    6-1  minimum, the 1000 hour course of clinical instruction required for
    6-2  registration as a kinesiotherapist must register with the
    6-3  department.  A kinesiotherapy school must meet the minimum
    6-4  standards of operation established by board rule.
    6-5        (b)  A kinesiotherapy instructor must register with the
    6-6  department as provided by this Act.
    6-7        (c)  An instructor must meet the minimum requirements
    6-8  established by board rule.
    6-9        (d)  An internship program shall be conducted on the school
   6-10  grounds or in a clinic or classroom setting provided by the
   6-11  kinesiotherapy school or kinesiotherapy instructor.
   6-12        (e)  A student must complete the requirements of the first
   6-13  750 hours of training at the kinesiotherapy school or with the
   6-14  kinesiotherapy instructor before being eligible to enter the
   6-15  internship program.
   6-16        (f)  A student who is participating in an internship program
   6-17  may:
   6-18              (1)  make an appointment with a client;
   6-19              (2)  interview a client;
   6-20              (3)  perform kinesiotherapy;
   6-21              (4)  collect and review a client evaluation with the
   6-22  student's supervisor; and
   6-23              (5)  perform other tasks necessary to the business of
   6-24  providing kinesiotherapy to the public.
   6-25        (g)  A student who is participating in an internship program
    7-1  must be under the supervision and direction of a kinesiotherapy
    7-2  instructor during the hours that the student is working in the
    7-3  program.
    7-4        (h)  An internship program shall provide a student with a
    7-5  minimum of 1000 hours of hands-on kinesiotherapy experience.
    7-6        (i)  An internship program must meet the qualifications
    7-7  established by the board with the advice of the advisory council.
    7-8        (j)  The department shall regulate  all school hours provided
    7-9  by a kinesiotherapy school or a kinesiotherapy instructor.
   7-10        (k)  A kinesiotherapy school or a kinesiotherapy instructor
   7-11  may not offer a course of instruction for registration as a
   7-12  kinesiotherapist which requires the successful completion of more
   7-13  course hours than are required for registration as a
   7-14  kinesiotherapist under this chapter.
   7-15        (l)  A kinesiotherapy school or kinesiotherapy instructor
   7-16  registered under this chapter must give each prospective student a
   7-17  notice that clearly states the number of course hours which must be
   7-18  successfully completed before a student can register as a
   7-19  kinesiotherapist under this chapter.
   7-20        (m)  The notice required by Subsection (l) of this section
   7-21  must be given to each prospective student at a time and in a manner
   7-22  that provides the student with sufficient opportunity to read the
   7-23  notice and discuss it with kinesiotherapy school officials or with
   7-24  the kinesiotherapy instructor, if necessary for understanding and
   7-25  clarity, before signing an enrollment contract and before the
    8-1  kinesiotherapy school or the kinesiotherapy instructor accepts the
    8-2  student in a course of study.
    8-3        Sec. 2B.  KINESIOTHERAPY ESTABLISHMENTS.  (a)  A
    8-4  kinesiotherapy establishment must register with the department as
    8-5  provided by board rule.
    8-6        (b)  A kinesiotherapy establishment may employ only
    8-7  registered kinesiotherapists to preform kinesiotherapy.
    8-8        (c)  An establishment that holds a license, permit,
    8-9  certificate, or other credential issued by this state under another
   8-10  law, and that offers or performs kinesiotherapy under the scope of
   8-11  that credential, is not required to be registered under this
   8-12  section.
   8-13        (d)  A registered kinesiotherapist who practices as a solo
   8-14  practitioner is not required to register as a kinesiotherapy
   8-15  establishment.
   8-16        (e)  The board shall by rule provide for a fair and
   8-17  reasonable procedure to grant exemptions from the registration
   8-18  requirements of this section where a person can show that the
   8-19  advertising or provision of kinesiotherapy services is incidental
   8-20  to the person's primary enterprise.
   8-21        Sec. 3.  APPLICATION FOR REGISTRATION.  (a)  Each applicant
   8-22  for registration under this Act shall submit application forms
   8-23  provided by the department, accompanied by the application fee set
   8-24  by the department.
   8-25        Sec. 4.  EXEMPTIONS.  This Act does not apply to:
    9-1              (1)  a person who is licensed in this state as
    9-2  physician, chiropractor, physical therapist, nurse, cosmetologist,
    9-3  athletic trainer, or member of another similar profession that is
    9-4  subject to state licensing, while the person is practicing within
    9-5  the scope of the license;
    9-6              (2)  a school approved by the Central Education Agency
    9-7  or that is otherwise approved by the state; or
    9-8              (3)  an instructor who is otherwise approved by the
    9-9  state to teach in an area of study included in the required course
   9-10  of instruction.
   9-11        Sec. 5.  DISPLAY OF CERTIFICATE; REGULATION OF ADVERTISING.
   9-12  (a)  Each kinesiotherapy establishment must post in plain sight the
   9-13  certificate of registration of each kinesiotherapist who practices
   9-14  in the kinesiotherapy establishment.  A kinesiotherapy school,
   9-15  kinesiotherapy establishment, kinesiotherapy instructor, or
   9-16  kinesiotherapist shall each display the registrant's certificate of
   9-17  registration on the request of the department, an authorized
   9-18  representative of the department or a peace officer.
   9-19        (b)  A person, including an instructor, a kinesiotherapy
   9-20  school, a kinesiotherapist, or a kinesiotherapy establishment, that
   9-21  is not registered under this Act may not use the word
   9-22  "kinesiotherapist" or "kinesiotherapy" on any sign, display, or
   9-23  other form of advertising unless the person is expressly exempt
   9-24  from the registration requirements of this Act.
   9-25        Sec. 6.  PENALTY.  (a)  A person subject to the registration
   10-1  requirements of this Act commits an offense if the person knowingly
   10-2  violates Section 2, 2A, 2B, or 5 of this Act.
   10-3        (b)  The owner or operator of a kinesiotherapy establishment
   10-4  commits an offense if that person knowingly violates Section 2B or
   10-5  5 of this Act.
   10-6        (c)  The owner or operator of a kinesiotherapy school commits
   10-7  an offense if that person knowingly violates Section 2A or 5 of
   10-8  this Act.
   10-9        (d)  An offense under this section is a Class C misdemeanor.
  10-10  However, if it is shown on the trial of an offense under this
  10-11  section that the person has previously been convicted one or more
  10-12  times of an offense under this section, the offense is a Class A
  10-13  misdemeanor.
  10-14        (e)  A person subject to the registration requirements of the
  10-15  Act commits an offense if the person collects a fee or any other
  10-16  form of compensation for kinesiotherapy without being registered
  10-17  under this Act.
  10-18        Sec. 7.  POWERS AND DUTIES OF THE BOARD AND THE DEPARTMENT.
  10-19  (a)  The board, with the advice of the advisory council, shall
  10-20  adopt rules consistent with this Act, including rules relating to
  10-21  the definition of "unprofessional conduct" as the term is used in
  10-22  Section 11(a)(4) of this Act,  as necessary for the performance of
  10-23  its duties under this Act.  The board shall adopt the rules in the
  10-24  manner provided by the Administrative Procedure and Texas Register
  10-25  Act (Article 6252-13a, Vernon's Texas Civil Statutes).
   11-1        (b)  The department shall administer this Act.
   11-2        (c)  The department shall investigate persons who may be
   11-3  engaging in practices that violate this Act.
   11-4        (d)  The department shall prepare and administer a state
   11-5  examination as required to implement this Act.  The department may
   11-6  hire examiners with the recommendation of the advisory council.  An
   11-7  examiner is entitled to compensation and the state per diem
   11-8  allowance as set by the General Appropriations Act for
   11-9  transportation and related expenses incurred by the examiner in
  11-10  engaging in the business of the department.
  11-11        (e)  The board and department shall cooperate with the
  11-12  advisory council in the administration of this Act, and shall make
  11-13  available to the advisory council reports, statistical information,
  11-14  and other information as reasonably necessary for the advisory
  11-15  council to perform its duties under this Act.
  11-16        (f)  The department shall regulate all kinesiotherapy school
  11-17  and kinesiotherapy instructor hours.
  11-18        Section 7A.  BOARD RULES FOR KINESIOTHERAPY SCHOOLS.  The
  11-19  board rules relating to a kinesiotherapy school must contain
  11-20  minimum standards for:
  11-21              (1)  the issuance, denial, renewal, suspension,
  11-22  probation, or revocation of a registration under this Act;
  11-23              (2)  the qualifications of professional personnel;
  11-24              (3)  the supervision of professional personnel;
  11-25              (4)  the equipment essential to the education, health,
   12-1  and safety of students, school personnel, and the public;
   12-2              (5)  the sanitary and hygienic condition of a school;
   12-3              (6)  the provision of kinesiotherapy (or adapted
   12-4  physical education) by a school or a student;
   12-5              (7)  the maximum number of hours a student may
   12-6  accumulate in a school's internship program without being required
   12-7  to be registered under this Act;
   12-8              (8)  the educational and clinical records kept by a
   12-9  school;
  12-10              (9)  the organizational structure of a school,
  12-11  including the lines of authority and the delegation of
  12-12  responsibility;
  12-13              (10)  fire prevention and safety within a school;
  12-14              (11)  the school's curriculum and educational material;
  12-15              (12)  school inspections; and
  12-16              (13)  any other aspect of the operation of a school
  12-17  that the board considers necessary to protect students, school
  12-18  personnel, or the public.
  12-19        Sec. 7B.  BOARD RULES FOR A KINESIOTHERAPY ESTABLISHMENT.
  12-20  The board rules relating to a kinesiotherapy establishment must
  12-21  contain minimum standards for:
  12-22              (1)  the issuance, denial, renewal, suspension,
  12-23  probation, or revocation of a registration under this Act;
  12-24              (2)  the qualifications of professional personnel;
  12-25              (3)  the supervision of professional personnel;
   13-1              (4)  the equipment essential to the health and safety
   13-2  of personnel and the public;
   13-3              (5)  the sanitary and hygienic condition of an
   13-4  establishment;
   13-5              (6)  the provision of kinesiotherapy by an
   13-6  establishment;
   13-7              (7)  the records kept by an establishment;
   13-8              (8)  the organizational structure of an establishment,
   13-9  including the lines of authority and the delegation of
  13-10  responsibility;
  13-11              (9)  fire prevention and safety within an
  13-12  establishment;
  13-13              (10)  the inspections of an establishment; and
  13-14              (11)  any other aspect of the operation of an
  13-15  establishment necessary to protect the personnel of the
  13-16  establishment or the public.
  13-17        Sec. 7C.  BOARD RULES FOR A KINESIOTHERAPY INSTRUCTOR.  (a)
  13-18  The board rules relating to a kinesiotherapy instructor must
  13-19  contain minimum standards for:
  13-20              (1)  the issuance, denial, renewal, suspension,
  13-21  probation, or revocation or probation of a registration under this
  13-22  Act;
  13-23              (2)  the qualifications of a kinesiotherapy instructor;
  13-24              (3)  the supervision of a student by a kinesiotherapy
  13-25  instructor;
   14-1              (4)  the maximum number of hours a student may
   14-2  accumulate in an internship program under the supervision of a
   14-3  kinesiotherapy instructor without being required to be registered
   14-4  under this Act;
   14-5              (5)  the equipment essential to the education, health,
   14-6  and safety of students and the public;
   14-7              (6)  the sanitary and hygienic condition of the
   14-8  physical environment in which a kinesiotherapy instructor teaches;
   14-9              (7)  the provision of kinesiotherapy by a student or a
  14-10  kinesiotherapy instructor;
  14-11              (8)  the educational and clinical records kept by a
  14-12  kinesiotherapy instructor;
  14-13              (9)  the curriculum taught and educational material
  14-14  used by a kinesiotherapy instructor;
  14-15              (10)  the inspection of the records, equipment, and
  14-16  physical environment of a kinesiotherapy instructor; and
  14-17              (11)  any other aspect of the operation of a
  14-18  kinesiotherapy instructor's instruction or operation of any portion
  14-19  of the course of instruction required for registration as a
  14-20  kinesiotherapist.
  14-21        Sec. 7D.  BOARD RULES FOR A KINESIOTHERAPIST.  The board
  14-22  rules relating to a kinesiotherapist must contain the minimum
  14-23  standards for:
  14-24              (1)  the issuance, denial, renewal, suspension,
  14-25  probation, or revocation or probation of a registration under this
   15-1  Act;
   15-2              (2)  the qualifications of a kinesiotherapist;
   15-3              (3)  the sanitary and hygienic condition of the
   15-4  physical environment in which a kinesiotherapist practices
   15-5  kinesiotherapy;
   15-6              (4)  the records kept by a kinesiotherapist;
   15-7              (5)  the inspection of the records, equipment, and
   15-8  sanitary and hygienic conditions of the physical environment used
   15-9  by a kinesiotherapist in practicing kinesiotherapy; and
  15-10              (6)  any other aspect of the operation of a
  15-11  kinesiotherapist necessary to protect the public.
  15-12        Sec. 8.  ADVISORY COUNCIL.  (a)  The Advisory Council on
  15-13  Kinesiotherapy is created as an advisory council to the department.
  15-14        (b)  The advisory council is composed of nine members
  15-15  appointed by the board of health.  Five members must be
  15-16  kinesiotherapists regulated under this Act, two members must be
  15-17  licensed physicians, and two members must be representatives of the
  15-18  general public.
  15-19        (c)  Members of the advisory council hold office for
  15-20  staggered terms of six years.  Three members' terms expire
  15-21  September 1 of each odd-numbered year.  In the event of a vacancy
  15-22  during a term, the board shall appoint a replacement who meets the
  15-23  qualifications of the vacated office to fill the unexpired portion
  15-24  of the term.
  15-25        (d)  A member of the advisory council may not receive
   16-1  compensation for serving on the council, but is entitled to receive
   16-2  the state per diem allowance as set by the legislature in the
   16-3  General Appropriations Act for transportation and related expenses
   16-4  incurred for each day the member engages in the business of the
   16-5  council.
   16-6        (e)  A person who is required to register as a lobbyist under
   16-7  Chapter 305, Government Code, may not serve as a member of the
   16-8  advisory council.
   16-9        (f)  The advisory council is subject to the open meetings
  16-10  law, Chapter 271, Acts of the 60th Legislature, Regular Session,
  16-11  1967 (Article 6252-17, Vernon's Texas Civil Statutes), and the
  16-12  Administrative Procedure and Texas Register Act (Article 6252-13a,
  16-13  Vernon's Texas Civil Statutes).
  16-14        (g)  A member of the advisory council is not liable to civil
  16-15  action for any act performed in good faith in the execution of
  16-16  duties as a council member.
  16-17        (h)  A kinesiotherapist member of the advisory council may
  16-18  not be a member of another profession regulated or licensed by this
  16-19  state.
  16-20        (i)  The advisory council shall report attendance to the
  16-21  board.
  16-22        Sec. 9.  POWERS AND DUTIES OF THE ADVISORY COUNCIL.  (a)  The
  16-23  advisory council by rule shall prescribe application forms and
  16-24  registration fees.  The advisory council shall set the fees in
  16-25  amounts reasonable and necessary to administer this Act.
   17-1        (b)  The advisory council shall meet at least twice a year.
   17-2  Additional meetings may be held at the call of the presiding
   17-3  officer or on the written request of any three members of the
   17-4  council.
   17-5        (c)  The advisory council shall keep a complete record of all
   17-6  registered kinesiotherapists and shall annually prepare a roster
   17-7  showing the names and addresses of all registered
   17-8  kinesiotherapists.  A copy of the roster shall be available to any
   17-9  person requesting it on payment of a fee set by the council in an
  17-10  amount sufficient to cover the costs of distribution of the roster.
  17-11        Sec. 10.  ISSUANCE OF REGISTRATION CERTIFICATES.  (a)  The
  17-12  department shall issue a registration certificate to each qualified
  17-13  applicant.  To be qualified for a registration certificate, an
  17-14  applicant for registration as a kinesiotherapist must pass the
  17-15  practical and written portions of the state examination.
  17-16        (b)  A person issued a certificate by the department shall
  17-17  display the certificate in an appropriate public manner as
  17-18  specified by the board.
  17-19        (c)  The issuance of a registration certificate grants all
  17-20  professional rights, honors, and privileges relating to the
  17-21  practice of kinesiotherapy.
  17-22        (d)  A registration certificate is the property of the
  17-23  department and must be surrendered on demand.
  17-24        (e)  A person issued a certificate by the department may
  17-25  receive referrals from a physician to administer kinesiotherapy.
   18-1        (f)  The department shall issue a temporary registration
   18-2  certificate to an applicant for registration who has complied with
   18-3  the education and experience requirements for registration.  A
   18-4  temporary registration certificate is valid for six months, until
   18-5  the applicant is issued a kinesiotherapist registration certificate
   18-6  after successful completion of the first examination for which the
   18-7  applicant is eligible, or until the applicant is notified by the
   18-8  department that the applicant has failed the first examination for
   18-9  which the applicant was eligible, whichever is later.  The
  18-10  department may assess a reasonable fee for a temporary registration
  18-11  certificate.
  18-12        Sec. 11.  REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR
  18-13  REVOCATION.  (a)  The department may refuse to issue a registration
  18-14  certificate to an applicant, may suspend or revoke a registration
  18-15  certificate, or may place a registered person, including a
  18-16  kinesiotherapy instructor, or kinesiotherapy establishment, on
  18-17  probation for any of the following causes:
  18-18              (1)  obtaining a certificate by means of fraud,
  18-19  misrepresentation, or concealment of material facts;
  18-20              (2)  selling, bartering, or offering to sell or barter
  18-21  a registration certificate;
  18-22              (3)  violating any rule adopted by the board;
  18-23              (4)  engaging in unprofessional conduct that endangered
  18-24  or is likely to endanger the health, welfare, or safety of the
  18-25  public as defined by the rules established by the board;
   19-1              (5)  violating a regulation adopted by a political
   19-2  subdivision under Chapter 243, Local Government Code; or
   19-3              (6)  violating any provisions of this Act.
   19-4        (b)  A person whose application for registration is denied,
   19-5  or whose registration is suspended or revoked is entitled to a
   19-6  hearing before the department if the person submits a written
   19-7  request to the department.  Hearings are governed by department
   19-8  rules for a contested hearing and by the Administrative Procedure
   19-9  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  19-10  Statutes).
  19-11        (c)  A person convicted of a violation of this Act is
  19-12  ineligible for registration as a kinesiotherapist, kinesiotherapist
  19-13  instructor, kinesiotherapist school, or kinesiotherapist
  19-14  establishment for a period of five years.
  19-15        Sec. 12.  RENEWAL OF REGISTRATION.  (a)  Registration under
  19-16  this Act is subject to periodic renewal and expires unless the
  19-17  registered person submits an application for renewal accompanied by
  19-18  the renewal fee.
  19-19        (b)  The department shall adopt a system under which
  19-20  registrations expire and are renewed on various dates of the year.
  19-21  Initial registration fees shall be prorated so that a registered
  19-22  person pays only for that part of the renewal period for which the
  19-23  registration is issued until the expiration date of the
  19-24  registration.
  19-25        (c)  A person registered under this Act who does not renew
   20-1  registration by the expiration date may renew the registration not
   20-2  later than the first anniversary of the expiration date by meeting
   20-3  the requirements set forth in this section and paying a late
   20-4  penalty fee.
   20-5        (d)  The registration of a person who fails to meet the
   20-6  renewal requirements of this section is void.  Such a person must
   20-7  submit a new application, pay the appropriate fees, and meet the
   20-8  current requirements for registration.
   20-9        Sec. 13.  INJUNCTIVE RELIEF; CIVIL PENALTY.  (a)  If it
  20-10  appears that a person is in violation of or is threatening to
  20-11  violate this Act or a rule adopted by the board, the attorney
  20-12  general, a district or county attorney, or the department may
  20-13  institute an action for injunctive relief to restrain the person
  20-14  from continuing the violation and for a civil penalty of not less
  20-15  than $100 or more than $1,000 for each violation.  Each day of a
  20-16  violation shall constitute a separate violation.
  20-17        (b)  A civil action filed under this section by the attorney
  20-18  general or the department must be filed in a district court in
  20-19  Travis County or the county in which the violation occurred.
  20-20        (c)  The attorney general, district and county attorney, and
  20-21  the department may recover reasonable expenses incurred in
  20-22  obtaining injunctive relief or a civil penalty under this section,
  20-23  including court costs, reasonable attorney's fees, investigative
  20-24  costs, witness fees, and deposition expenses.
  20-25        (d)  A civil penalty recovered in an action by the attorney
   21-1  general or the department under this section shall be deposited in
   21-2  the state treasury.
   21-3        Sec. 14.  EFFECT ON LOCAL REGULATION.  (a)  Except as
   21-4  provided by Subsection (b) of this section, this Act supersedes any
   21-5  regulation adopted by a political subdivision of this state
   21-6  relating to the licensing or regulation of kinesiotherapists.
   21-7        (b)  This Act does not affect:
   21-8              (1)  local regulations relating to zoning requirements
   21-9  for kinesiotherapy establishments or similar regulations;
  21-10              (2)  any local regulations that authorize or require an
  21-11  investigation into the background of an owner or operator or, or an
  21-12  investor in, a kinesiotherapy establishment; or
  21-13              (3)  any local regulations that do not relate directly
  21-14  to the practice of kinesiotherapy as performed by a registered
  21-15  kinesiotherapist, including those professions listed under section
  21-16  4 of this Act which perform duties under their respective licensing
  21-17  Acts while working with a registered kinesiotherapist.
  21-18        (c)  Except as provided in Chapter 243, Local Government
  21-19  Code, a political subdivision may not adopt regulations of the type
  21-20  listed in Subsection (b) of this section that are more restrictive
  21-21  for kinesiotherapists or kinesiotherapist establishments than for
  21-22  other health care professionals or establishments.
  21-23        Sec. 15.  EFFECTIVE DATE.  This Act takes effect September 1,
  21-24  1995.
  21-25        Sec. 16.  INSPECTIONS AND INVESTIGATIONS.  The department or
   22-1  its authorized representatives may enter the premises of a
   22-2  registration applicant or a registration holder at reasonable times
   22-3  to conduct an inspection incidental to the issuance of a
   22-4  registration and at other times as the department considers
   22-5  necessary to ensure compliance with this Act and the rules adopted
   22-6  under this Act.