By:  Zaffirini, Truan                                 S.B. No. 1488
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the membership and powers of the Health Professions
    1-2  Council.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (b), Section 1, Article 4512p, Revised
    1-5  Statutes, is amended to read as follows:
    1-6        (b)  The council consists of one representative appointed by
    1-7  each of the following:
    1-8              (1)  the Texas Board of Chiropractic Examiners;
    1-9              (2)  the State Board of Dental Examiners;
   1-10              (3)  the Texas Optometry Board;
   1-11              (4)  the Texas State Board of Pharmacy;
   1-12              (5)  the Texas State Board of Podiatry Examiners;
   1-13              (6)  the State Board of Veterinary Medical Examiners;
   1-14              (7)  the Texas State Board of Medical Examiners;
   1-15              (8)  the Board of Nurse Examiners;
   1-16              (9)  the Texas State Board of Examiners of
   1-17  Psychologists;
   1-18              (10)  the Board of Vocational Nurse Examiners;
   1-19              (11)  the Texas Board of Physical Therapy Examiners
   1-20  <entity that regulates the practice of physical therapy>;
   1-21              (12)  the Texas Board of Occupational Therapy Examiners
   1-22  <entity that regulates the practice of occupational therapy>;
   1-23              (13)  the professional <health> licensing division of
   1-24  the Texas Department of <Public> Health; <and>
    2-1              (14)  the governor's office;
    2-2              (15)  the Advisory Board of Athletic Trainers;
    2-3              (16)  the State Board of Examiners for Speech-Language
    2-4  Pathology and Audiology;
    2-5              (17)  the State Committee of Examiners in the Fitting
    2-6  and Dispensing of Hearing Instruments;
    2-7              (18)  the Texas State Board of Examiners of Dietitians;
    2-8              (19)  the Texas State Board of Examiners of Marriage
    2-9  and Family Therapists;
   2-10              (20)  the Texas Board of Nursing Facility
   2-11  Administrators;
   2-12              (21)  the Texas State Board of Examiners of
   2-13  Perfusionists;
   2-14              (22)  the Texas State Board of Examiners of
   2-15  Professional Counselors;
   2-16              (23)  the Texas Board of Licensure for Professional
   2-17  Medical Physicists;
   2-18              (24)  the Texas State Board of Social Worker Examiners;
   2-19  and
   2-20              (25)  the Physician Assistant Advisory Council.
   2-21        SECTION 2.  Subsection (d), Section 8, Article 4512p, Revised
   2-22  Statutes, is amended to read as follows:
   2-23        (d)  The council shall:
   2-24              (1)  <adopt a memorandum of understanding with the
   2-25  General Services Commission to develop and implement a plan to
   2-26  collocate the staffs of the boards listed by Section 1(b) of this
   2-27  article, except that the memorandum shall provide for a study of
    3-1  the feasibility of relocating the health licensing division of the
    3-2  Department of Public Health with the collocated staffs;>
    3-3              <(2)>  study and report to the 74th and 75th
    3-4  Legislatures <Legislature> those administrative functions performed
    3-5  by the boards listed in Section 1(b) of this article that would be
    3-6  feasible for consolidation, provided that the boards listed in
    3-7  Section 1(b) of this article may adopt memoranda of understanding
    3-8  and contract with each other to share services and personnel at any
    3-9  time prior to submission of the report, subject to approval of the
   3-10  Legislative Budget Board;
   3-11              (2) <(3)  study and report to the 74th Legislature, in
   3-12  coordination with the Legislative Budget Board and the governor's
   3-13  office of budget and planning, a uniform budget plan and
   3-14  standardized budget performance objectives, provided the
   3-15  Legislative Budget Board may force compliance with this subdivision
   3-16  at an earlier date;>
   3-17              <(4)>  develop and implement, in coordination with the
   3-18  staffs of the Legislative Budget Board, the governor's office of
   3-19  budget and planning, and the professional licensing division of the
   3-20  Texas Department of <Public> Health, information necessary to
   3-21  prepare statistical comparisons of licensing functions and unit
   3-22  costs of all boards represented on the council;
   3-23              (3) <(5)>  develop and implement a plan to centralize
   3-24  the receipt and referral of complaints for member agencies using
   3-25  the toll-free complaint number established under Section 2 of this
   3-26  article;
   3-27              (4) <(6)>  study the feasibility of centralizing the
    4-1  investigation of complaints; and
    4-2              (5) <(7)>  study and report to the 74th Legislature on
    4-3  the consequences to the quality of health care services by
    4-4  third-party review and approval of health care provider treatment
    4-5  decisions and claims submission by nonlicensed personnel and
    4-6  determine the feasibility of establishing a statutory requirement
    4-7  to limit the reviews and approvals to licensed professionals in
    4-8  their respective health care fields within their respective scopes
    4-9  of practice and the feasibility of enacting a statutory limitation
   4-10  or prohibition to prevent individuals who are not licensed health
   4-11  care providers from intervening in health care decisions.  The
   4-12  report shall also consider the necessity of requiring due process
   4-13  steps for appeals of claims and treatment denials for health care
   4-14  providers.
   4-15        SECTION 3.  (a)  As soon as possible after the effective date
   4-16  of this Act, the state board, committee, or council added to the
   4-17  Health Professions Council by this Act shall appoint that entity's
   4-18  representative to the Health Professions Council.
   4-19        (b)  Until all initial appointments are made under
   4-20  Subdivisions (15) through (25), Subsection (b), Section 1, Article
   4-21  4512p, Revised Statutes, as added by this Act, a quorum of the
   4-22  Health Professions Council is a majority of the members of the
   4-23  council who have qualified for office.
   4-24        SECTION 4.  The importance of this legislation and the
   4-25  crowded condition of the calendars in both houses create an
   4-26  emergency and an imperative public necessity that the
   4-27  constitutional rule requiring bills to be read on three several
    5-1  days in each house be suspended, and this rule is hereby suspended,
    5-2  and that this Act take effect and be in force from and after its
    5-3  passage, and it is so enacted.