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.