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.