BG C.S.H.B. 3106 75(R)BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 3106 By: Craddick 4-2-97 Committee Report (Substituted) BACKGROUND In 1993, Sunset Legislation revised the Physical Therapy Practice Act. The administrative functions of both the Texas Board of Physical Therapy Examiners and the Texas Board of Occupational Therapy Examiners were consolidated 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 the board to perform its regulatory functions. PURPOSE C.S.H.B. 3106 addresses needs of the Texas Board of Physical Therapy Examiners by establishing statutory authority for the emergency suspension of a license and for assessment of monetary penalties. The bill also provides for expense reimbursement of board members. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Board of Physical Therapy Examiners in SECTION 2 (Sec. 18A(d), Article 4512(e), Vernon's Texas Civil Statutes) and SECTION 3 (Sec.20B(d), Article 4512(e), Vernon's Texas Civil Statutes). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2A, Chapter 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512(e), Vernon's Texas Civil Statutes) to allow a board member to be reimbursed for meals, lodging, and transportation expenses as provided by the General Appropriations Act. SECTION 2. Amends Chapter 836, Acts of 62nd Legislature, Regular Session, 1971, (Article 4512(e), Vernon's Texas Civil Statutes) by adding Sec. 18A which allows the board to impose administrative fines. Sec. 18A(a) allows the board to impose a fine against any person licensed or regulated under the Act. Sec. 18A(b) prohibits the penalty from exceeding $200 per day for each violation. Sec. 18A(c) requires the penalty to be based on the seriousness of the violation as well as other pertinent factors. Sec. 18A(d) requires the board to adopt rules relating to procedural and notice requirements. Sec. 18A(e) establishes that all proceedings under this section are subject to Chapter 2001, Government Code. SECTION 3. Amends Chapter 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512(e), Vernon's Texas Civil Statutes) by adding Section 20B which allows the board to temporarily suspend a license if the board determines that the licensee's practices constitute a threat to the public health or welfare. Sec. 20B(a) grants authority to the board to suspend a license if it determines that continued practice by the license holder constitutes a threat to the public health or welfare. Sec. 20B(b) establishes that a temporary suspension requires a two-thirds vote by the board. Sec. 20B(c) provides the notice and hearing requirement for a temporary suspension. An initial hearing must be held no later than 14 days after the license is suspended. Sec. 20 B(d) requires the board to adopt rules necessary to implement this section. SECTION 4. Effective date is September 1, 1997. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original SECTION 3, which added the word "treatment" to the term "physical therapy" in Section 19(a)(1)A, Chapter 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512(e), Vernon's Texas Civil Statutes) is removed from CSHB 3106 to avoid any inadvertant changes to the definition of the practice of physical therapy. The subsequent sections are renumbered to conform.