By Dukes                                              H.B. No. 3039
       74R6581 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the practice of kinesiotherapy;
    1-3  providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5                    ARTICLE 1.  GENERAL PROVISIONS
    1-6        SECTION 1.01.  DEFINITIONS.  In this Act:
    1-7              (1)  "Advisory council" means the advisory council on
    1-8  kinesiotherapy.
    1-9              (2)  "Board" means the Texas Board of Health.
   1-10              (3)  "Department" means the Texas Department of Health.
   1-11              (4)  "Examiner" means a registered kinesiotherapist who
   1-12  administers the practical portion of the state examination to
   1-13  applicants for registration as kinesiotherapists.
   1-14              (5)  "Internship program" means a program supervised by
   1-15  a kinesiotherapist instructor in which a student provides
   1-16  kinesiotherapy to the general public for compensation in an amount
   1-17  set by the kinesiotherapy school or kinesiotherapy instructor and
   1-18  paid to the kinesiotherapy school or kinesiotherapy instructor.
   1-19              (6)  "Kinesiotherapy" means the treatment of the
   1-20  effects of disease, injury, and congenital disorders through the
   1-21  use of therapeutic exercise and education by a kinesiotherapist who
   1-22  specializes in the application of kinesiological principles and the
   1-23  concepts of adaptive physical education to assess the natural
   1-24  movements and functions of the healthy human body as compared to
    2-1  the movements and functions of those that are affected by disease,
    2-2  injury, or congenital disorder to determine how an individual with
    2-3  an affliction may optimize the individual's existing physical
    2-4  abilities and to restore through regimented education and exercise
    2-5  those physical abilities that have been impaired.  The term
    2-6  includes:
    2-7                    (A)  the physical evaluation of muscular strength
    2-8  and endurance, neuromuscular coordination, kinesthesis, and
    2-9  proprioception, flexibility and joint range of motion,
   2-10  cardiovascular fitness, and reaction time;
   2-11                    (B)  the psychosocial evaluation of the
   2-12  appropriateness of behavior, group integration, task planning, and
   2-13  goal-directed behavior, orientation to environment, consistency and
   2-14  appropriateness of affect, assessment of patient-family
   2-15  interaction, and motivation;
   2-16                    (C)  intervention in the form of conditioning
   2-17  exercises, progressive-restrictive exercise, flexibility training,
   2-18  aquatic exercise, and balance activities; and
   2-19                    (D)  education on the subjects of home exercise
   2-20  programs, body mechanics, patient management instruction for the
   2-21  family, and home modification.
   2-22              (7)  "Kinesiotherapy establishment" means a place of
   2-23  business that advertises kinesiotherapy or offers kinesiotherapy
   2-24  as a service.
   2-25              (8)  "Kinesiotherapy instructor" means an individual
   2-26  who is a registered kinesiotherapist instructing one or more
   2-27  students in  kinesiotherapy and whose instruction is approved by
    3-1  the department.
    3-2              (9)  "Kinesiotherapy school" means an entity or
    3-3  organization having not fewer than two kinesiotherapy instructors
    3-4  that provides a course of clinical instruction that includes a
    3-5  minimum of 1,000 hours of instruction required for registration as
    3-6  a kinesiotherapist under this Act and that is recognized as an
    3-7  accredited entity or organization by the Advisory Council of the
    3-8  Texas Kinesiotherapy Association.
    3-9              (10)  "Kinesiotherapist" means an individual registered
   3-10  under this Act who practices or administers kinesiotherapy to a
   3-11  patron for compensation.
   3-12              (11)  "Person" means an individual, partnership,
   3-13  corporation, association, or other legal entity.
   3-14        SECTION 1.02.  EFFECT ON LOCAL REGULATION.  (a)  Except as
   3-15  provided by Subsection (b) of this section, this Act supersedes any
   3-16  rule or regulation adopted by a political subdivision of this state
   3-17  relating to the licensing or regulation of kinesiotherapists.
   3-18        (b)  This Act does not affect:
   3-19              (1)  a local regulation relating to zoning requirements
   3-20  for kinesiotherapy establishments or similar regulations;
   3-21              (2)  a local regulation that authorizes or requires an
   3-22  investigation into the background of an owner, operator, or
   3-23  investor in a kinesiotherapy establishment; or
   3-24              (3)  a local regulation that does not relate directly
   3-25  to the practice of kinesiotherapy as performed by a registered
   3-26  kinesiotherapist, including a professional listed under Section
   3-27  2.03 of this Act that performs duties under the professional's
    4-1  respective licensing statute while working with a registered
    4-2  kinesiotherapist.
    4-3        (c)  Except as provided in Chapter 243, Local Government
    4-4  Code, a political subdivision may not adopt regulations of the type
    4-5  listed in Subsection (b) of this section that are more restrictive
    4-6  for kinesiotherapists or kinesiotherapist establishments than for
    4-7  other health care professionals or kinesiotherapy establishments.
    4-8                 ARTICLE 2.  REGISTRATION REQUIREMENTS
    4-9        SECTION 2.01.  REGISTRATION REQUIREMENT.  An individual who
   4-10  practices as a kinesiotherapist or who represents that the
   4-11  individual is a kinesiotherapist must be registered as a
   4-12  kinesiotherapist as provided by this Act, unless the individual is
   4-13  exempt from registration.
   4-14        SECTION 2.02.  APPLICATION FOR REGISTRATION.  (a)  An
   4-15  applicant for registration as a kinesiotherapist must present
   4-16  evidence satisfactory to the board, on an application form provided
   4-17  by the department accompanied by the required application fee, that
   4-18  the person:
   4-19              (1)  possesses a degree in physical education, with a
   4-20  specialization in kinesiotherapy, from an accredited institution;
   4-21  and
   4-22              (2)  has either:
   4-23                    (A)  satisfactorily completed kinesiotherapy
   4-24  studies in a 1,000-hour supervised course of clinical instruction
   4-25  provided by a kinesiotherapy instructor, a kinesiotherapy school
   4-26  registered by the department, a state-approved educational
   4-27  institution, or a combination of instructors or schools of which:
    5-1                          (i)  100 hours are dedicated to the study
    5-2  of neurology;
    5-3                          (ii)  200 hours are dedicated to the study
    5-4  of orthopedics;
    5-5                          (iii)  100 hours are dedicated to the study
    5-6  of cardiology;
    5-7                          (iv)  100 hours are dedicated to the study
    5-8  of pediatrics;
    5-9                          (v)  150 hours are dedicated to the study
   5-10  of psychiatry;
   5-11                          (vi)  150 hours are dedicated to the study
   5-12  of geriatrics; and
   5-13                          (vii)  200 hours are dedicated to the study
   5-14  of a clinical specialization;
   5-15                    (B)  been registered as a kinesiotherapist in
   5-16  another state or country that has and maintains standards and
   5-17  requirements of practice and licensing or registration that
   5-18  substantially conform to those of this state, as determined by the
   5-19  department; or
   5-20                    (C)  practiced kinesiotherapy as a profession for
   5-21  not less than five years in another state or country that does not
   5-22  have or maintain standards and requirements of practice and
   5-23  licensing or registration that substantially conform to those of
   5-24  this state, as determined by the department.
   5-25        (b)  Before a certificate of registration may be issued, the
   5-26  applicant must pass the practical and written portions of the state
   5-27  examination for kinesiotherapy administered by the department.
    6-1        SECTION 2.03.  EXEMPTIONS.  (a) This Act does not apply to:
    6-2              (1)  a person who is licensed in this state as a
    6-3  physician, chiropractor, physical therapist, nurse, cosmetologist,
    6-4  athletic trainer, or as a member of another similar profession
    6-5  subject to state licensing, while the person is practicing within
    6-6  the scope of the license;
    6-7              (2)  a school approved by the Central Education Agency
    6-8  or otherwise approved by the state;
    6-9              (3)  an instructor who is otherwise approved by the
   6-10  state to teach in an area of study included in the required course
   6-11  of instruction;
   6-12              (4)  a service or procedure for which a license to
   6-13  practice medicine, chiropractic, physical therapy, or podiatry is
   6-14  required by law;
   6-15              (5)  the use of massage, mechanical devices, heat,
   6-16  cold, air, light, electricity, or sound in providing treatment; or
   6-17              (6)  the treatment of pain, other than through the use
   6-18  of kinesiological principles and education, to prevent exacerbation
   6-19  or aggravation of existing symptoms.
   6-20        (b)  A student in a state-approved course of clinical
   6-21  instruction that consists of a minimum of 1,000 hours is exempt
   6-22  from registration under this Act if the student provides
   6-23  kinesiotherapy as part of an internship program or for no
   6-24  compensation.
   6-25        (c)  An establishment that holds a license, permit,
   6-26  certificate, or other authority issued by this state under another
   6-27  law and that offers or performs kinesiotherapy under the scope of
    7-1  that authority is not required to be registered under this section.
    7-2        SECTION 2.04.  ISSUANCE OF REGISTRATION CERTIFICATES;
    7-3  TEMPORARY CERTIFICATE.  (a)  The department shall issue a
    7-4  registration certificate to each qualified applicant.
    7-5        (b)  A person issued a certificate by the department shall
    7-6  display the certificate in an appropriate public manner as
    7-7  specified by the board.
    7-8        (c)  The issuance of a registration certificate grants all
    7-9  professional rights, honors, and privileges relating to the
   7-10  practice of kinesiotherapy.
   7-11        (d)  A registration certificate is the property of the
   7-12  department and must be surrendered on demand.
   7-13        (e)  A person issued a certificate by the department may
   7-14  receive referrals from a physician to administer kinesiotherapy.
   7-15        (f)  The department shall issue a temporary registration
   7-16  certificate to an applicant for registration who has complied with
   7-17  the education and experience requirements for registration.  A
   7-18  temporary registration certificate is valid for six months, until
   7-19  the applicant is issued a kinesiotherapist registration certificate
   7-20  after successful completion of the first examination for which the
   7-21  applicant is eligible, or until the applicant is notified by the
   7-22  department that the applicant has failed the first examination for
   7-23  which the applicant was eligible, whichever is later.  The
   7-24  department may assess a reasonable fee for a temporary registration
   7-25  certificate.
   7-26        SECTION 2.05.  KINESIOTHERAPY SCHOOLS AND KINESIOTHERAPY
   7-27  INSTRUCTORS.  (a)   A kinesiotherapy school that offers not less
    8-1  than the 1,000 hours of course work in clinical instruction
    8-2  required for registration as a kinesiotherapist must be registered
    8-3  with the department.  In order to be registered under this
    8-4  subsection, a kinesiotherapy school must meet the minimum standards
    8-5  of operation established by board rule.
    8-6        (b)  A kinesiotherapy instructor must be registered with the
    8-7  department as provided by this Act. In order to be registered under
    8-8  this subsection, an instructor must meet the minimum requirements
    8-9  established by board rule.
   8-10        (c)  A kinesiotherapy school or a kinesiotherapy instructor
   8-11  may not offer a course of instruction for registration as a
   8-12  kinesiotherapist that requires the successful completion of more
   8-13  course hours than are required for registration as a
   8-14  kinesiotherapist under this Act.
   8-15        (d)  A kinesiotherapy school or kinesiotherapy instructor
   8-16  registered under this Act shall give each prospective student a
   8-17  notice that clearly states the number of course hours that must be
   8-18  successfully completed before a student may register as a
   8-19  kinesiotherapist under this Act.
   8-20        (e)  The notice required by Subsection (d) of this section
   8-21  shall be given to each prospective student at a time and in a
   8-22  manner that provides the student with sufficient opportunity to
   8-23  read the notice and discuss the notice with kinesiotherapy school
   8-24  officials or with the kinesiotherapy instructor, if necessary for
   8-25  understanding and clarity, before signing an enrollment contract
   8-26  and before the kinesiotherapy school or the kinesiotherapy
   8-27  instructor accepts the student in a course of study.
    9-1        SECTION 2.06.  KINESIOTHERAPY INTERNSHIP.  (a)  An internship
    9-2  program shall be conducted on the kinesiotherapy school grounds or
    9-3  in a clinic or classroom setting provided by the kinesiotherapy
    9-4  school or kinesiotherapy instructor.
    9-5        (b)  To be eligible to enter an internship program, a student
    9-6  must complete the first 750 hours of course work in clinical
    9-7  instruction at a kinesiotherapy school or with a kinesiotherapy
    9-8  instructor.
    9-9        (c)  A student who is participating in an internship program
   9-10  may:
   9-11              (1)  make an appointment with a client;
   9-12              (2)  interview a client;
   9-13              (3)  perform kinesiotherapy;
   9-14              (4)  collect and review a client evaluation with the
   9-15  student's supervisor; and
   9-16              (5)  perform other tasks necessary to providing
   9-17  kinesiotherapy to the public.
   9-18        (d)  A student who is participating in an internship program
   9-19  shall be under the supervision and direction of a kinesiotherapy
   9-20  instructor during the hours the student is working in the program.
   9-21        (e)  An internship program shall provide a student with not
   9-22  less than 1,000 hours of hands-on kinesiotherapy experience.
   9-23        (f)  An internship program must meet the qualifications
   9-24  established by the board with the advice of the advisory council.
   9-25        (g)  The department shall regulate all school hours provided
   9-26  by a kinesiotherapy school or kinesiotherapy instructor.
   9-27        SECTION 2.07.  KINESIOTHERAPY ESTABLISHMENT.  (a)  A
   10-1  kinesiotherapy establishment must be registered with the department
   10-2  as provided by board rule.
   10-3        (b)  A kinesiotherapy establishment may employ only
   10-4  registered kinesiotherapists to perform kinesiotherapy.
   10-5        (c)  A registered kinesiotherapist who practices as a solo
   10-6  practitioner is not required to register as a kinesiotherapy
   10-7  establishment.
   10-8        (d)  The board shall adopt rules that provide for a fair and
   10-9  reasonable procedure to grant exemptions from the registration
  10-10  requirements of this section where a person can show that the
  10-11  advertising or provision of kinesiotherapy services is incidental
  10-12  to the person's primary enterprise.
  10-13        SECTION 2.08.  RENEWAL OF REGISTRATION.  (a)  A certificate
  10-14  of registration under this Act is subject to periodic renewal and
  10-15  expires unless the registered person submits an application for
  10-16  renewal accompanied by the renewal fee.
  10-17        (b)  The department shall adopt a system under which
  10-18  registrations expire and are renewed on various dates of the year.
  10-19  Initial registration fees shall be prorated so that a registered
  10-20  person pays only for that part of the period for which the
  10-21  registration is issued.
  10-22        (c)  A person registered under this Act who does not renew
  10-23  the person's registration by the expiration date may renew the
  10-24  registration by applying for renewal not later than the first
  10-25  anniversary of the expiration date and meeting the requirements
  10-26  established in this section and paying a late penalty fee.
  10-27        (d)  The certificate of registration of a person who fails to
   11-1  renew the person's certificate before the first anniversary of the
   11-2  expiration date of the certificate is void.  The person must submit
   11-3  a new application, pay the appropriate fees, and meet the current
   11-4  requirements for registration to resume the person's kinesiotherapy
   11-5  activities.
   11-6        SECTION 2.09.  DISPLAY OF CERTIFICATE; REGULATION OF
   11-7  ADVERTISING.  (a)  A kinesiotherapy establishment shall post in
   11-8  plain sight the certificate of registration for each
   11-9  kinesiotherapist who practices in the kinesiotherapy establishment.
  11-10        (b)  A kinesiotherapy school, kinesiotherapy establishment,
  11-11  kinesiotherapy instructor, or kinesiotherapist shall provide the
  11-12  registrant's certificate of registration on the request of the
  11-13  department, an authorized representative of the department, or a
  11-14  peace officer.
  11-15        (c)  A person, including a kinesiotherapy instructor,
  11-16  kinesiotherapy school, kinesiotherapist, or kinesiotherapy
  11-17  establishment that is not registered under this Act may not use the
  11-18  word "kinesiotherapist" or "kinesiotherapy" on a sign or display or
  11-19  in any form of advertising unless the person is expressly exempt
  11-20  from the registration requirements of this Act.
  11-21                      ARTICLE 3.  ADMINISTRATION
  11-22        SECTION 3.01.  POWERS AND DUTIES OF BOARD AND DEPARTMENT.
  11-23  (a) The board, with the advice of the advisory council, shall adopt
  11-24  rules consistent with this Act, including rules relating to the
  11-25  definition of unprofessional conduct as that term is used in
  11-26  Section 4.01 of this Act,  as necessary for the administration of
  11-27  this Act.  The adoption of rules under this Act is governed by
   12-1  Chapter 2001, Government Code.
   12-2        (b)  The department shall:
   12-3              (1)  administer this Act;
   12-4              (2)  investigate persons who may be engaging in
   12-5  practices that violate this Act;
   12-6              (3)  prepare and administer a state examination as
   12-7  required to implement this Act;
   12-8              (4)  cooperate with the advisory council in the
   12-9  administration of this Act;  and
  12-10              (5)  regulate all kinesiotherapy school and
  12-11  kinesiotherapy instructor hours.
  12-12        (c)  The department may hire examiners with the
  12-13  recommendation of the advisory council.  An examiner hired by the
  12-14  department is not entitled to compensation but may receive an
  12-15  allowance as set by the General Appropriations Act for expenses
  12-16  incurred by the examiner in engaging in the business of the
  12-17  department.
  12-18        SECTION 3.02.  MEMORANDUM OF UNDERSTANDING.  If the
  12-19  department enters into a memorandum of understanding with the
  12-20  Central Education Agency for the regulation of kinesiotherapy
  12-21  schools, the memorandum must:
  12-22              (1)  be adopted by rule; and
  12-23              (2)  require that the total amount of the fees charged
  12-24  by the department and the Central Education Agency for the
  12-25  registration of a kinesiotherapy school may not exceed the fees
  12-26  that would be charged by the department for the registration of the
  12-27  kinesiotherapy school in the absence of the memorandum.
   13-1        SECTION 3.03. RULES FOR KINESIOTHERAPY SCHOOLS.  The rules
   13-2  adopted by the board relating to a kinesiotherapy school shall
   13-3  contain minimum standards for:
   13-4              (1)  the issuance, denial, renewal, suspension,
   13-5  probation, or revocation of a certificate of registration under
   13-6  this Act;
   13-7              (2)  the qualifications of professional personnel;
   13-8              (3)  the supervision of professional personnel;
   13-9              (4)  the equipment essential to the education, health,
  13-10  and safety of students, kinesiotherapy school personnel, and the
  13-11  public;
  13-12              (5)  the sanitary and hygienic condition of a
  13-13  kinesiotherapy school;
  13-14              (6)  the provision of kinesiotherapy or adapted
  13-15  physical education by a kinesiotherapy school or a student;
  13-16              (7)  the maximum number of hours a student may earn in
  13-17  a kinesiotherapy school's internship program without being required
  13-18  to be registered under this Act;
  13-19              (8)  the educational and clinical records kept by a
  13-20  kinesiotherapy school;
  13-21              (9)  the organizational structure of a kinesiotherapy
  13-22  school, including the lines of authority and the delegation of
  13-23  responsibility within the school;
  13-24              (10)  fire prevention and safety requirements for a
  13-25  kinesiotherapy school;
  13-26              (11)  the kinesiotherapy school's curriculum and
  13-27  educational material;
   14-1              (12)  kinesiotherapy school inspections; and
   14-2              (13)  any other aspect of the operation of a
   14-3  kinesiotherapy school that the board considers necessary to protect
   14-4  students, school personnel, or the public.
   14-5        SECTION 3.04. RULES FOR KINESIOTHERAPY ESTABLISHMENT.  The
   14-6  rules adopted by the board relating to a kinesiotherapy
   14-7  establishment shall contain minimum standards for:
   14-8              (1)  the issuance, denial, renewal, suspension,
   14-9  probation, or revocation of a certificate of registration under
  14-10  this Act;
  14-11              (2)  the qualifications of professional personnel;
  14-12              (3)  the supervision of professional personnel;
  14-13              (4)  the equipment essential to the health and safety
  14-14  of personnel and the public;
  14-15              (5)  the sanitary and hygienic condition of a
  14-16  kinesiotherapy establishment;
  14-17              (6)  the provision of kinesiotherapy by a
  14-18  kinesiotherapy establishment;
  14-19              (7)  the records kept by a kinesiotherapy
  14-20  establishment;
  14-21              (8)  the organizational structure of a kinesiotherapy
  14-22  establishment, including the lines of authority and the delegation
  14-23  of responsibility;
  14-24              (9)  fire prevention and safety for a kinesiotherapy
  14-25  establishment;
  14-26              (10)  the inspection of a kinesiotherapy establishment;
  14-27  and
   15-1              (11)  any other aspect of the operation of a
   15-2  kinesiotherapy establishment necessary to protect the personnel of
   15-3  the kinesiotherapy establishment or the public.
   15-4        SECTION 3.05.  RULES FOR KINESIOTHERAPY INSTRUCTOR.  The
   15-5  rules adopted by the board relating to a kinesiotherapy instructor
   15-6  shall contain minimum standards for:
   15-7              (1)  the issuance, denial, renewal, suspension,
   15-8  probation, or revocation or probation of a certificate of
   15-9  registration under this Act;
  15-10              (2)  the qualifications of a kinesiotherapy instructor;
  15-11              (3)  the supervision of a student by a kinesiotherapy
  15-12  instructor;
  15-13              (4)  the maximum number of hours a student may earn in
  15-14  an internship program under the supervision of a kinesiotherapy
  15-15  instructor without being required to be registered under this Act;
  15-16              (5)  the equipment essential to the education, health,
  15-17  and safety of students and the public;
  15-18              (6)  the sanitary and hygienic condition of the
  15-19  physical environment in which a kinesiotherapy instructor teaches;
  15-20              (7)  the provision of kinesiotherapy by a student or a
  15-21  kinesiotherapy instructor;
  15-22              (8)  the educational and clinical records kept by a
  15-23  kinesiotherapy instructor;
  15-24              (9)  the curriculum taught and educational material
  15-25  used by a kinesiotherapy instructor;
  15-26              (10)  the inspection of the records, equipment, and
  15-27  physical environment of a kinesiotherapy instructor; and
   16-1              (11)  any other aspect of the operation of a
   16-2  kinesiotherapy instructor's instruction or operation of a portion
   16-3  of the course of instruction required for registration as a
   16-4  kinesiotherapist.
   16-5        SECTION 3.06.  RULES FOR KINESIOTHERAPIST.  The rules adopted
   16-6  by the board relating to a kinesiotherapist shall contain the
   16-7  minimum standards for:
   16-8              (1)  the issuance, denial, renewal, suspension,
   16-9  probation, or revocation or probation of a certificate of
  16-10  registration under this Act;
  16-11              (2)  the qualifications of a kinesiotherapist;
  16-12              (3)  the sanitary and hygienic condition of the
  16-13  physical environment in which a kinesiotherapist practices
  16-14  kinesiotherapy;
  16-15              (4)  the records kept by a kinesiotherapist;
  16-16              (5)  the inspection of the records, equipment, and
  16-17  sanitary and hygienic conditions of the physical environment used
  16-18  by a kinesiotherapist in practicing kinesiotherapy; and
  16-19              (6)  any other aspect of the operation of the practice
  16-20  of a kinesiotherapist necessary to protect the public.
  16-21        SECTION 3.07.  ADVISORY COUNCIL.  (a)  The advisory council
  16-22  on kinesiotherapy is created as an advisory council to the
  16-23  department.
  16-24        (b)  The advisory council consists of nine members appointed
  16-25  by the board.  Five members must be kinesiotherapists regulated
  16-26  under this Act, two members must be licensed physicians, and two
  16-27  members must be representatives of the general public.
   17-1        (c)  Members of the advisory council hold office for
   17-2  staggered terms of six years with the terms of three members
   17-3  expiring  September 1 of each odd-numbered year.
   17-4        (d)  The board shall appoint a replacement who meets the
   17-5  qualifications of the vacated office to fill the unexpired portion
   17-6  of the term for which a vacancy occurs.
   17-7        (e)  A member of the advisory council may not receive
   17-8  compensation for serving on the council, but is entitled to receive
   17-9  the allowance set by the General Appropriations Act for expenses
  17-10  incurred for engaging in the business of the council.
  17-11        (f)  A person who is required to register as a lobbyist under
  17-12  Chapter 305, Government Code, may not serve as a member of the
  17-13  advisory council.
  17-14        (g)  The advisory council is subject to Chapters 551 and
  17-15  2001, Government Code.
  17-16        (h)  A member of the advisory council is not liable in a
  17-17  civil action for an act performed in good faith in the execution of
  17-18  the member's duties as a council member.
  17-19        (i)  A kinesiotherapist member of the advisory council may
  17-20  not be a member of another profession regulated or licensed in this
  17-21  state.
  17-22        (j)  The advisory council shall report attendance to the
  17-23  board.
  17-24        SECTION 3.08.  POWERS AND DUTIES OF ADVISORY COUNCIL.  (a)
  17-25  The advisory council shall make recommendations to the department
  17-26  and the board regarding application forms and registration fees
  17-27  under this Act.
   18-1        (b)  The advisory council shall meet at least twice a year.
   18-2  Additional meetings may be held at the call of the presiding
   18-3  officer or on the written request of any three members of the
   18-4  council.
   18-5        (c)  The advisory council shall keep a complete record of all
   18-6  registered kinesiotherapists and shall annually prepare a roster
   18-7  showing the names and addresses of all registered
   18-8  kinesiotherapists.  A copy of the roster shall be available to any
   18-9  person requesting the roster on payment of a fee set by the board
  18-10  in an amount sufficient to cover the costs of distribution of the
  18-11  roster.
  18-12        (d)  The board and department shall make available to the
  18-13  advisory council reports, statistical information, and other
  18-14  information reasonably necessary for the advisory council to
  18-15  perform its duties under this Act.
  18-16                        ARTICLE 4.  ENFORCEMENT
  18-17        SECTION 4.01.  DENIAL, PROBATION, SUSPENSION, OR REVOCATION
  18-18  OF REGISTRATION.  (a)  The department may refuse to issue a
  18-19  registration certificate to an applicant, may suspend or revoke a
  18-20  registration certificate, or may place a registered person,
  18-21  including a kinesiotherapy instructor or kinesiotherapy
  18-22  establishment, on probation for any of the following causes:
  18-23              (1)  obtaining a certificate by means of fraud,
  18-24  misrepresentation, or concealment of a material fact;
  18-25              (2)  selling, bartering, or offering to sell or barter
  18-26  a registration certificate;
  18-27              (3)  violating a rule adopted by the board;
   19-1              (4)  engaging in unprofessional conduct that endangered
   19-2  or is likely to endanger the health, welfare, or safety of the
   19-3  public as defined by rules of the board regarding unprofessional
   19-4  conduct;
   19-5              (5)  violating a regulation adopted by a political
   19-6  subdivision under Chapter 243, Local Government Code; or
   19-7              (6)  violating a provision of this Act.
   19-8        (b)  A person whose application for registration is denied or
   19-9  whose registration is suspended or revoked is entitled to a hearing
  19-10  before the department on written request to the department.  A
  19-11  hearing is governed by the board's rules for a contested hearing
  19-12  and by Chapter 2001, Government Code.
  19-13        (c)  A person convicted for a violation of this Act is
  19-14  ineligible for registration as a kinesiotherapist, kinesiotherapy
  19-15  instructor, kinesiotherapist school, or kinesiotherapist
  19-16  establishment until the expiration of the fifth anniversary of the
  19-17  date of the conviction.
  19-18        SECTION 4.02.  INJUNCTIVE RELIEF; CIVIL PENALTY.  (a)  If it
  19-19  appears that a person is in violation of or is threatening to
  19-20  violate this Act or a rule adopted by the board, the attorney
  19-21  general, a district or county attorney, or the department may
  19-22  institute an action for injunctive relief to restrain the person
  19-23  from continuing the violation and for a civil penalty of not less
  19-24  than $100 or more than $1,000 for each violation.  Each day of a
  19-25  violation shall constitute a separate violation.
  19-26        (b)  A civil action filed under this section by the attorney
  19-27  general or the department shall be filed in a district court in
   20-1  Travis County or the county in which the violation occurred.
   20-2        (c)  The attorney general, a district attorney, a county
   20-3  attorney, and the department may recover reasonable expenses
   20-4  incurred in obtaining injunctive relief or a civil penalty under
   20-5  this section, including court costs, reasonable attorney's fees,
   20-6  investigative costs, witness fees, and deposition expenses.
   20-7        (d)  A civil penalty recovered in an action by the attorney
   20-8  general or the department under this section shall be deposited in
   20-9  the state treasury.
  20-10        SECTION 4.03.  INSPECTIONS AND INVESTIGATIONS.  The
  20-11  department or an authorized representative may enter the premises
  20-12  of a registration applicant or a registration holder at reasonable
  20-13  times to conduct an inspection incidental to the issuance of a
  20-14  registration and at other times as the department considers
  20-15  necessary to ensure compliance with this Act and the rules adopted
  20-16  under this Act.
  20-17        SECTION 4.04.  ENFORCEMENT BY PEACE OFFICERS.  A peace
  20-18  officer is authorized to enforce this Act.
  20-19        SECTION 4.05.  PENALTY.  (a)  A person commits an offense if
  20-20  the person is required to be registered under this Act and the
  20-21  person knowingly violates Section 2.01, 2.05, 2.06, 2.07, or 2.09
  20-22  of this Act.
  20-23        (b)  A person commits an offense if the person is the owner
  20-24  or operator of a kinesiotherapy establishment and the person
  20-25  knowingly violates Section 2.07 or 2.09 of this Act.
  20-26        (c)  A person commits an offense if the person is the owner
  20-27  or operator of a kinesiotherapy school and the person knowingly
   21-1  violates Section 2.05, 2.06, or 2.09 of this Act.
   21-2        (d)  A person commits an offense if the person is subject to
   21-3  the registration requirements of this Act and the person collects a
   21-4  fee or any other form of compensation for kinesiotherapy without
   21-5  being registered under this Act.
   21-6        (e)  An offense under this section is a Class C misdemeanor.
   21-7  However, if it is shown on the trial of an offense under this
   21-8  section that the person has previously been convicted on one or
   21-9  more occasions for an offense under this section, the offense is a
  21-10  Class A misdemeanor.
  21-11         ARTICLE 5.  TRANSITION AND EFFECTIVE DATE; EMERGENCY
  21-12        SECTION 5.01.  TRANSITION.  (a)  In making the initial
  21-13  appointments to the advisory council on kinesiotherapy, the board
  21-14  shall appoint:
  21-15              (1)  three members for terms expiring September 1,
  21-16  1997;
  21-17              (2)  three members for terms expiring September 1,
  21-18  1999;  and
  21-19              (3)  three members for terms expiring September 1,
  21-20  2001.
  21-21        (b)  A person appointed under this section who is required to
  21-22  be registered under this Act must obtain the required certificate
  21-23  of registration not later than March 1, 1996.
  21-24        (c)  The board shall adopt rules under this Act not later
  21-25  than January 1, 1996.
  21-26        SECTION 5.02.  EFFECTIVE DATE.  (a) Except as provided by
  21-27  Subsection (b) of this section, this Act takes effect September 1,
   22-1  1995.
   22-2        (b)  Sections 2.01, 2.05, 2.06, 2.07, 2.09, and 4.05 of this
   22-3  Act take effect March 1, 1996.
   22-4        SECTION 5.03.  EMERGENCY.  The importance of this legislation
   22-5  and the crowded condition of the calendars in both houses create an
   22-6  emergency and an imperative public necessity that the
   22-7  constitutional rule requiring bills to be read on three several
   22-8  days in each house be suspended, and this rule is hereby suspended.