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.