1-1 By: Zaffirini S.B. No. 1488
1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 18, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 18, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1488 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the membership and powers of the Health Professions
1-11 Council.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (b), Section 1, Article 4512p, Revised
1-14 Statutes, is amended to read as follows:
1-15 (b) The council consists of one representative appointed by
1-16 each of the following:
1-17 (1) the Texas Board of Chiropractic Examiners;
1-18 (2) the State Board of Dental Examiners;
1-19 (3) the Texas Optometry Board;
1-20 (4) the Texas State Board of Pharmacy;
1-21 (5) the Texas State Board of Podiatry Examiners;
1-22 (6) the State Board of Veterinary Medical Examiners;
1-23 (7) the Texas State Board of Medical Examiners;
1-24 (8) the Board of Nurse Examiners;
1-25 (9) the Texas State Board of Examiners of
1-26 Psychologists;
1-27 (10) the Board of Vocational Nurse Examiners;
1-28 (11) the Texas Board of Physical Therapy Examiners
1-29 <entity that regulates the practice of physical therapy>;
1-30 (12) the Texas Board of Occupational Therapy Examiners
1-31 <entity that regulates the practice of occupational therapy>;
1-32 (13) the professional <health> licensing division of
1-33 the Texas Department of <Public> Health; <and>
1-34 (14) the governor's office;
1-35 (15) the Advisory Board of Athletic Trainers;
1-36 (16) the State Board of Examiners for Speech-Language
1-37 Pathology and Audiology;
1-38 (17) the State Committee of Examiners in the Fitting
1-39 and Dispensing of Hearing Instruments;
1-40 (18) the Texas State Board of Examiners of Dietitians;
1-41 (19) the Texas State Board of Examiners of Marriage
1-42 and Family Therapists;
1-43 (20) the Texas Board of Nursing Facility
1-44 Administrators;
1-45 (21) the Texas State Board of Examiners of
1-46 Perfusionists;
1-47 (22) the Texas State Board of Examiners of
1-48 Professional Counselors;
1-49 (23) the Texas Board of Licensure for Professional
1-50 Medical Physicists;
1-51 (24) the Texas State Board of Social Worker Examiners;
1-52 and
1-53 (25) the Physician Assistant Advisory Council.
1-54 SECTION 2. Subsection (d), Section 8, Article 4512p, Revised
1-55 Statutes, is amended to read as follows:
1-56 (d) The council shall:
1-57 (1) <adopt a memorandum of understanding with the
1-58 General Services Commission to develop and implement a plan to
1-59 collocate the staffs of the boards listed by Section 1(b) of this
1-60 article, except that the memorandum shall provide for a study of
1-61 the feasibility of relocating the health licensing division of the
1-62 Department of Public Health with the collocated staffs;>
1-63 <(2)> study and report to the 74th and 75th
1-64 Legislatures <Legislature> those administrative functions performed
1-65 by the boards listed in Section 1(b) of this article that would be
1-66 feasible for consolidation, provided that the boards listed in
1-67 Section 1(b) of this article may adopt memoranda of understanding
1-68 and contract with each other to share services and personnel at any
2-1 time prior to submission of the report, subject to approval of the
2-2 Legislative Budget Board;
2-3 (2) <(3) study and report to the 74th Legislature, in
2-4 coordination with the Legislative Budget Board and the governor's
2-5 office of budget and planning, a uniform budget plan and
2-6 standardized budget performance objectives, provided the
2-7 Legislative Budget Board may force compliance with this subdivision
2-8 at an earlier date;>
2-9 <(4)> develop and implement, in coordination with the
2-10 staffs of the Legislative Budget Board, the governor's office of
2-11 budget and planning, and the professional licensing division of the
2-12 Texas Department of <Public> Health, information necessary to
2-13 prepare statistical comparisons of licensing functions and unit
2-14 costs of all boards represented on the council;
2-15 (3) <(5)> develop and implement a plan to centralize
2-16 the receipt and referral of complaints for member agencies using
2-17 the toll-free complaint number established under Section 2 of this
2-18 article;
2-19 (4) <(6)> study the feasibility of centralizing the
2-20 investigation of complaints; and
2-21 (5) <(7)> study and report to the 74th Legislature on
2-22 the consequences to the quality of health care services by
2-23 third-party review and approval of health care provider treatment
2-24 decisions and claims submission by nonlicensed personnel and
2-25 determine the feasibility of establishing a statutory requirement
2-26 to limit the reviews and approvals to licensed professionals in
2-27 their respective health care fields within their respective scopes
2-28 of practice and the feasibility of enacting a statutory limitation
2-29 or prohibition to prevent individuals who are not licensed health
2-30 care providers from intervening in health care decisions. The
2-31 report shall also consider the necessity of requiring due process
2-32 steps for appeals of claims and treatment denials for health care
2-33 providers.
2-34 SECTION 3. (a) As soon as possible after the effective date
2-35 of this Act, the state board, committee, or council added to the
2-36 Health Professions Council by this Act shall appoint that entity's
2-37 representative to the Health Professions Council.
2-38 (b) Until all initial appointments are made under
2-39 Subdivisions (15) through (25), Subsection (b), Section 1, Article
2-40 4512p, Revised Statutes, as added by this Act, a quorum of the
2-41 Health Professions Council is a majority of the members of the
2-42 council who have qualified for office.
2-43 SECTION 4. The importance of this legislation and the
2-44 crowded condition of the calendars in both houses create an
2-45 emergency and an imperative public necessity that the
2-46 constitutional rule requiring bills to be read on three several
2-47 days in each house be suspended, and this rule is hereby suspended,
2-48 and that this Act take effect and be in force from and after its
2-49 passage, and it is so enacted.
2-50 * * * * *