1-1 AN ACT
1-2 relating to the regulation of the practice of physical therapy;
1-3 providing administrative penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2A, Chapter 836, Acts of the 62nd
1-6 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 2A. COMPENSATION. A member of the board is entitled to
1-9 a per diem as set by the General Appropriations Act for each day
1-10 that the member engages in the business of the board. A member may
1-11 [not] receive [any] reimbursement for [travel expenses, including
1-12 expenses for] meals, [and] lodging, and [other than] transportation
1-13 expenses as provided by the General Appropriations Act.
1-14 SECTION 2. Chapter 836, Acts of the 62nd Legislature,
1-15 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
1-16 Statutes), is amended by adding Section 18A to read as follows:
1-17 Sec. 18A. ADMINISTRATIVE PENALTY. (a) The board may impose
1-18 an administrative penalty against a person licensed or regulated
1-19 under this Act or a facility registered under this Act that
1-20 violates this Act or a rule or order adopted under this Act.
1-21 (b) The penalty for a violation may be in an amount not to
1-22 exceed $200. Each day a violation continues or occurs is a
1-23 separate violation for purposes of imposing a penalty.
1-24 (c) The amount of the penalty shall be based on:
2-1 (1) the seriousness of the violation, including the
2-2 nature, circumstances, extent, and gravity of any prohibited acts,
2-3 and the hazard or potential hazard created to the health, safety,
2-4 or economic welfare of the public;
2-5 (2) the history of previous violations;
2-6 (3) the amount necessary to deter future violations;
2-7 (4) efforts to correct the violation; and
2-8 (5) any other matter that justice may require.
2-9 (d) The board shall adopt rules that establish procedures
2-10 for assessing an administrative penalty and that provide for notice
2-11 and a hearing for a license holder or facility administrator that
2-12 may be subject to a penalty under this section.
2-13 (e) All proceedings under this section are subject to
2-14 Chapter 2001, Government Code.
2-15 SECTION 3. Chapter 836, Acts of the 62nd Legislature,
2-16 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
2-17 Statutes), is amended by adding Section 20B to read as follows:
2-18 Sec. 20B. EMERGENCY SUSPENSION. (a) The board may
2-19 temporarily suspend a license issued under this Act on an emergency
2-20 basis if the board determines from the evidence or information
2-21 presented to the board that the continued practice by the license
2-22 holder constitutes a continuing or imminent threat to the public
2-23 health or welfare.
2-24 (b) A temporary suspension under this section requires a
2-25 two-thirds vote by the board.
2-26 (c) A license temporarily suspended under this section may
2-27 be suspended without notice or a hearing if, at the time the
3-1 suspension is ordered, a hearing on whether to institute
3-2 disciplinary proceedings against the license holder is scheduled to
3-3 be held not later than the 14th day after the date of the temporary
3-4 suspension. A second hearing on the suspended license shall be
3-5 held not later than the 60th day after the date the temporary
3-6 suspension was ordered. If the second hearing is not held within
3-7 the required time, the suspended license is automatically
3-8 reinstated.
3-9 (d) The board shall adopt rules that establish procedures
3-10 and standards for the temporary suspension of a license under this
3-11 section.
3-12 SECTION 4. This Act takes effect September 1, 1997.
3-13 SECTION 5. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3106 was passed by the House on April
25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3106 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor