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.