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.