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.