SRC-JFA S.B. 1349 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1349
By: Brown
Health & Human Services
5-13-97
As Filed


DIGEST 

Currently, the administrative functions of the Texas Board of Physical
Therapy Examiners (board) and the Texas Board of Occupational Therapy were
consolidated into a single licensing and regulatory board in 1993.  As a
result of this consolidation the board members are no longer authorized by
statute to receive reimbursements for meals and lodging when engaged in
board business, there is no statutory authority allowing the board to
assess monetary penalties for administrative violations, and there is no
statutory provision for the emergency suspension of a license when
immediate action may be warranted.  This bill would provide for the
expense reimbursement of members of the board, establish statutory
authority for the assessment of monetary penalties by the board, and
authorize the board to suspend a license in the event of an emergency.  

PURPOSE

As proposed, S.B. 1349 provides for the expense reimbursement of members
of the Board of Physical Therapy Examiners (board), establishes statutory
authority for the assessment of monetary penalties by the board, and
authorizes the board to suspend a license in the event of an emergency.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Board of Physical Therapy Examiners
in SECTIONS 2 and 4 (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,
rather than prohibit, a member of the Board of Physical Therapy Examiners
(board) to receive reimbursement for meals, lodging, and transportation
expenses as provided by the General Appropriations Act.   

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

Sec. 18A.  ADMINISTRATIVE PENALTY.  Authorizes the board 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.  Sets forth the parameters of the
penalty.  Sets forth the factors upon which the amount the penalty must be
based.  Requires the board 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 which may be
subject to a penalty under this section.  Provides that all proceedings
under this section are subject to Chapter 2001, Government Code. 

SECTION 3. Amends Section 19(a)(1), Article 4512e, V.T.C.S., to authorize
that a license may be denied, suspended, or revoked, or a licensee
otherwise disciplined if the applicant, among other items, has provided
physical therapy treatment to a person without a referral from certain
practitioners.   

SECTION 4. Amends Article 4512e, V.T.C.S., by adding Section 20B, as
follows:  

Sec. 20B.  EMERGENCY SUSPENSION.  Authorizes the board to temporarily
suspend a  license issued under this Act on an emergency basis if the
board determines from the evidence or information presented to the board
that the continued practice by the license holder constitutes a continuing
or imminent threat to the public health or welfare.  Provides that a
temporary suspension under this section requires a two-thirds vote by the
board. Authorizes a license temporarily suspended under this section to be
suspended without notice or hearing under certain conditions.  Requires a
second hearing on the suspended license to be held by a certain date after
the temporary suspension was ordered.  Provides that if the second hearing
is not held within the required time, the suspended license is
automatically reinstated.  Requires the board to adopt rules that
establish procedures and standards for the temporary suspension of a
license under this section. 

SECTION 5. Effective date: September 1, 1997.

SECTION 6. Emergency clause.