SRC-CDH H.B. 3106 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3106
By: Craddick (Brown)
Health & Human Services
5-12-97
Engrossed


DIGEST 

In 1993, sunset legislation revised the Physical Therapy Practice Act,
consolidating the administrative functions of both the Texas Board of
Physical Therapy Examiners (BPTE) and the Texas Board of Occupational
Therapy Examiners into a single licensing and regulatory board.  This
change, coupled with rapid growth in the number of physical and
occupational therapists being regulated, has made it increasingly
difficult for BPTE to perform its regulatory functions.  H.B. 3106
addresses the needs of BPTE by establishing statutory authority for the
emergency suspension of a license and for assessment of monetary
penalties.  This bill also provides for expense reimbursement of BPTE
members.   

PURPOSE

As proposed, H.B. 3106 establishes the regulation of the practice of
physical therapy, and provides administrative penalties.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Physical Therapy
Examiners in SECTIONS 2 and 3 (Sections 18A(d) and 20B(d), Article 4512e,
V.T.C.S.) of this bill.    

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2A, Article 4512e, V.T.C.S., to authorize a
member of the Texas Board of Physical Therapy Examiners (BPTE) to receive
reimbursement for meals, lodging, and transportation expenses as provided
by the General Appropriations Act.  Deletes existing text prohibiting a
member from receiving reimbursement for  certain expenses. 

SECTION 2. Amends Article 4512e, V.T.C.S., by adding Section 18A, as
follows: 

Sec. 18A.  ADMINISTRATIVE PENALTY.  Authorizes BPTE to impose an
administrative penalty against a person licensed or regulated under this
Act or a facility registered under this Act that violates this Act or a
rule or order adopted under this Act.  Authorizes the penalty for a
violation to be in an amount not to exceed $200.  Provides that each day a
violation continues or occurs is a separate violation for purposes of
imposing a penalty.  Requires the amount of the penalty to be based on
certain factors.  Requires BPTE to adopt rules that establish procedures
for assessing an administrative penalty and that provide for notice and a
hearing for a license holder or facility administrator that may be subject
to a penalty under this section.  Provides that all proceedings are
subject to Chapter 2001, Government Code.  
SECTION 3. Amends Article 4512e, V.T.C.S., by adding Section 20B, as
follows: 

Sec. 20B.  EMERGENCY SUSPENSION.  Sets forth the terms by which BPTE is
authorized to temporarily suspend a license issued on an emergency basis
if BPTE determines from the evidence or information presented to BPTE that
the continued practice by the license holder constitutes a continuing or
imminent threat to the public health or welfare.  Sets forth the terms by
which a license temporarily suspended is authorized to be suspended
without notice or a hearing.  Requires the board to adopt rules that
establish procedures and standards for the temporary suspension of a
license under this section.   
 
SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.