1-1     By:  Craddick (Senate Sponsor - Brown)                H.B. No. 3106

 1-2           (In the Senate - Received from the House April 27, 1997;

 1-3     April 29, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 15, 1997, reported favorably by the

 1-5     following vote:  Yeas 9, Nays 0; May 15, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the regulation of the practice of physical therapy;

 1-9     providing administrative penalties.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 2A, Chapter 836, Acts of the 62nd

1-12     Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas

1-13     Civil Statutes), is amended to read as follows:

1-14           Sec. 2A.  COMPENSATION.  A member of the board is entitled to

1-15     a per diem as set by the General Appropriations Act for each day

1-16     that the member engages in the business of the board.  A member may

1-17     [not] receive [any] reimbursement for [travel expenses, including

1-18     expenses for] meals, [and] lodging, and [other than] transportation

1-19     expenses as provided by the General Appropriations Act.

1-20           SECTION 2.  Chapter 836, Acts of the 62nd Legislature,

1-21     Regular Session, 1971 (Article 4512e, Vernon's Texas Civil

1-22     Statutes), is amended by adding Section 18A to read as follows:

1-23           Sec. 18A.  ADMINISTRATIVE PENALTY.  (a)  The board may impose

1-24     an administrative penalty against a person licensed or  regulated

1-25     under this Act or a facility registered under this Act that

1-26     violates this Act or a rule or order adopted under this Act.

1-27           (b)  The penalty for a violation may be in an amount not to

1-28     exceed $200.  Each day a violation continues or occurs is a

1-29     separate violation for purposes of imposing a penalty.

1-30           (c)  The amount of the penalty shall be based on:

1-31                 (1)  the seriousness of the violation, including the

1-32     nature, circumstances, extent, and gravity of any prohibited acts,

1-33     and the hazard or potential hazard created to the health, safety,

1-34     or economic welfare of the public;

1-35                 (2)  the history of previous violations;

1-36                 (3)  the amount necessary to deter future violations;

1-37                 (4)  efforts to correct the violation; and

1-38                 (5)  any other matter that justice may require.

1-39           (d)  The board shall adopt rules that establish procedures

1-40     for assessing an administrative penalty and that provide for notice

1-41     and a hearing for a license holder or facility administrator that

1-42     may be subject to a penalty under this section.

1-43           (e)  All proceedings under this section are subject to

1-44     Chapter 2001, Government Code.

1-45           SECTION 3.  Chapter 836, Acts of the 62nd Legislature,

1-46     Regular Session, 1971 (Article 4512e, Vernon's Texas Civil

1-47     Statutes), is amended by adding Section 20B to read as follows:

1-48           Sec. 20B.  EMERGENCY SUSPENSION.  (a)  The board may

1-49     temporarily suspend a license issued under this Act on an emergency

1-50     basis if the board determines from the evidence or information

1-51     presented to the board that the continued practice by the license

1-52     holder constitutes a continuing or imminent threat to the public

1-53     health or welfare.

1-54           (b)  A temporary suspension under this section requires a

1-55     two-thirds vote by the board.

1-56           (c)  A license temporarily suspended under this section may

1-57     be suspended without notice or a hearing if, at the time the

1-58     suspension is ordered, a hearing on whether to institute

1-59     disciplinary proceedings against the license holder is scheduled to

1-60     be held not later than the 14th day after the date of the temporary

1-61     suspension.  A second hearing on the suspended license shall be

1-62     held not later than the 60th day after the date the temporary

1-63     suspension was ordered.  If the second hearing is not held within

1-64     the required time, the suspended license is automatically

 2-1     reinstated.

 2-2           (d)  The board shall adopt rules that establish procedures

 2-3     and standards for the temporary suspension of a license under this

 2-4     section.

 2-5           SECTION 4.  This Act takes effect September 1, 1997.

 2-6           SECTION 5.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.

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