AN ACT
1-1 relating to the regulation of orthotists and prosthetists;
1-2 providing a civil penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 132, Revised Statutes, is amended by adding
1-5 Article 8920 to read as follows:
1-6 Art. 8920. REGULATION OF ORTHOTISTS AND PROSTHETISTS
1-7 Sec. 1. SHORT TITLE. This article may be cited as the
1-8 Orthotics and Prosthetics Act.
1-9 Sec. 2. DEFINITIONS. In this Act:
1-10 (1) "Board" means the Texas Board of Orthotics and
1-11 Prosthetics.
1-12 (2) "Commissioner" means the commissioner of public
1-13 health.
1-14 (3) "Custom-fabricated" means an orthosis or
1-15 prosthesis has been designed, prescribed, fabricated, fitted, and
1-16 aligned specifically for an individual in accordance with sound
1-17 biomechanical principles.
1-18 (4) "Custom-fitted" means an orthosis or prosthesis
1-19 that has been adjusted, prescribed, fitted, and aligned for a
1-20 specific individual according to sound biomechanical principles.
1-21 (5) "Department" means the Texas Department of Health.
1-22 (6) "License" includes a license, registration,
1-23 certificate, accreditation, or other authorization issued under
2-1 this Act to engage in an activity regulated under this Act.
2-2 (7) "Licensed orthotist" or "LO" means a person
2-3 licensed under this Act who practices orthotics and represents the
2-4 person to the public by a title or description of services that
2-5 includes the term "orthotics," "orthotist," "brace," "orthoses,"
2-6 "orthotic," or a similar title or description of services.
2-7 (8) "Licensed orthotist assistant" or "LOA" means a
2-8 person licensed under this Act who assists and is under the
2-9 supervision at an orthotic or prosthetic facility of a licensed
2-10 orthotist responsible for the acts of the assistant.
2-11 (9) "Licensed prosthetist" or "LP" means a person
2-12 licensed under this Act who practices prosthetics and represents
2-13 the person to the public by a title or description of services that
2-14 includes the term "prosthetics," "prosthetist," "prostheses,"
2-15 "prosthetic," "artificial limb," or a similar title or description
2-16 of services.
2-17 (10) "Licensed prosthetist assistant" or "LPA" means a
2-18 person licensed under this Act who assists and is under the
2-19 supervision at an orthotic or prosthetic facility of a licensed
2-20 prosthetist responsible for the acts of the assistant.
2-21 (11) "Licensed prosthetist orthotist" or "LPO" means a
2-22 person licensed under this Act who practices both prosthetics and
2-23 orthotics and represents the person to the public by a title or
2-24 description of services that includes the terms "prosthetics
2-25 orthotics," "prosthetist orthotist," "prosthetic orthotic,"
3-1 "artificial limb," "brace," or a similar title or description of
3-2 services.
3-3 (12) "Licensed prosthetist orthotist assistant" or
3-4 "LPOA" means a person licensed under this Act who assists and is
3-5 under the supervision at an orthotic or prosthetic facility of a
3-6 licensed prosthetist orthotist or a licensed prosthetist and
3-7 licensed orthotist responsible for the acts of the assistant.
3-8 (13) "Orthosis" means a custom-fabricated or
3-9 custom-fitted medical device designed to provide for the support,
3-10 alignment, prevention, or correction of neuromuscular or
3-11 musculoskeletal disease, injury, or deformity. The term does not
3-12 include a fabric or elastic support, corset, arch support,
3-13 low-temperature plastic splint, truss, elastic hose, cane, crutch,
3-14 soft cervical collar, orthosis for diagnostic or evaluation
3-15 purposes, dental appliance, or any other similar device carried in
3-16 stock and sold by a drugstore, department store, or corset shop.
3-17 (14) "Orthotic or prosthetic facility" means a
3-18 physical site, including a building or office, where the profession
3-19 and practice of orthotics or prosthetics normally takes place.
3-20 (15) "Orthotics" means the science and practice of
3-21 measuring, designing, fabricating, assembling, fitting, adjusting,
3-22 or servicing an orthosis under an order from a licensed physician,
3-23 chiropractor, or podiatrist for the correction or alleviation of
3-24 neuromuscular or musculoskeletal dysfunction, disease, injury, or
3-25 deformity.
4-1 (16) "Person" means an individual, corporation,
4-2 partnership, association, or other organization.
4-3 (17) "Profession of orthotics or prosthetics" means
4-4 allied health care medical services used to identify, prevent,
4-5 correct, or alleviate acute or chronic neuromuscular or
4-6 musculoskeletal dysfunctions of the human body that support and
4-7 provide rehabilitative health care services concerned with the
4-8 restoration of function, prevention, or progression of disabilities
4-9 resulting from disease, injury, or congenital anomalies. Orthotic
4-10 and prosthetic services include direct patient care, including
4-11 consultation, evaluation, treatment, education, and advice to
4-12 maximize the rehabilitation potential of disabled individuals.
4-13 (18) "Prosthesis" means a custom-fabricated or fitted
4-14 medical device that is not surgically implanted and is used to
4-15 replace a missing limb, appendage, or other external human body
4-16 part, including an artificial limb, hand, or foot. The term does
4-17 not include an artificial eye, ear, finger, or toe, a dental
4-18 appliance, a cosmetic device, including an artificial breast,
4-19 eyelash, or wig, or other device that does not have a significant
4-20 impact on the musculoskeletal functions of the body.
4-21 (19) "Prosthetics" means the science and practice of
4-22 measuring, designing, fabricating, assembling, fitting, adjusting,
4-23 or servicing a prosthesis under an order from a licensed physician,
4-24 chiropractor, or podiatrist.
4-25 (20) "Registered orthotic technician" means a person
5-1 registered under this Act who fabricates, assembles, and services
5-2 orthoses under the direction of a licensed orthotist or licensed
5-3 orthotist assistant responsible for the acts of the technician.
5-4 (21) "Registered prosthetic orthotic technician" means
5-5 a person registered under this Act who fabricates, assembles, or
5-6 services prostheses and orthoses under the direction of a licensed
5-7 orthotist and licensed prosthetist, a licensed prosthetist
5-8 orthotist, or a licensed orthotist assistant, licensed prosthetist
5-9 assistant, or licensed prosthetist orthotist assistant responsible
5-10 for the acts of the technician.
5-11 (22) "Registered prosthetic technician" means a person
5-12 registered under this Act who fabricates, assembles, or services
5-13 prostheses under the direction of a licensed prosthetist or
5-14 licensed prosthetist assistant responsible for the acts of the
5-15 technician.
5-16 Sec. 3. BOARD. (a) The Texas Board of Orthotics and
5-17 Prosthetics is established as a part of the department and shall
5-18 perform its duties as a board with the department.
5-19 (b) The board consists of six members appointed by the
5-20 governor with the advice and consent of the senate. Appointments
5-21 to the board shall be made without regard to the race, color,
5-22 disability, sex, religion, age, or national origin of the
5-23 appointees.
5-24 (c) Members of the board are appointed for staggered
5-25 six-year terms, with two members' terms expiring on February 1 of
6-1 each odd-numbered year.
6-2 (d) One member of the board must be a licensed orthotist, be
6-3 a resident of this state, and have practiced orthotics for the five
6-4 years preceding the date of appointment. One member of the board
6-5 must be a licensed prosthetist, be a resident of this state, and
6-6 have practiced prosthetics for the five years preceding the date of
6-7 appointment. One member of the board must be a licensed
6-8 prosthetist orthotist, be a resident of this state, and have
6-9 practiced prosthetics and orthotics for the five years preceding
6-10 the date of appointment. One member of the board must be a
6-11 representative of the public who uses an orthosis. One member of
6-12 the board must be a representative of the public who uses a
6-13 prosthesis. One member of the board must be a representative of
6-14 the public who does not use an orthosis or prosthesis.
6-15 (e) A vacancy on the board shall be filled by appointment by
6-16 the governor of an individual who has the appropriate
6-17 qualifications. The appointed person serves for the remainder of
6-18 the term.
6-19 (f) A member of the board is not liable for damages in a
6-20 civil action for any act performed in good faith in the execution
6-21 of the member's duties.
6-22 (g) The board is subject to Chapter 325, Government Code
6-23 (Texas Sunset Act). Unless continued in existence as provided by
6-24 that chapter, the board is abolished and this Act expires September
6-25 1, 2009.
7-1 Sec. 4. REMOVAL FROM BOARD. (a) It is a ground for removal
7-2 from the board if a member:
7-3 (1) does not have at the time of appointment the
7-4 qualifications required for appointment to the board;
7-5 (2) does not maintain during service on the board the
7-6 qualifications required for appointment to the board;
7-7 (3) violates a prohibition established by this Act;
7-8 (4) cannot discharge the member's duties for a
7-9 substantial part of the term for which the member is appointed
7-10 because of illness or disability; or
7-11 (5) is absent from more than half of the regularly
7-12 scheduled board meetings that the member is eligible to attend
7-13 during a calendar year.
7-14 (b) The validity of an action of the board is not affected
7-15 by the fact that the action was taken when a ground for removal of
7-16 a member of the board existed.
7-17 (c) If the executive director has knowledge that a potential
7-18 ground for removal exists, the executive director shall notify the
7-19 presiding officer of the board of the ground. The presiding
7-20 officer shall then notify the governor that a potential ground for
7-21 removal exists.
7-22 Sec. 5. BOARD POWERS AND DUTIES. (a) The board shall
7-23 review applications for a license at least once each year at
7-24 reasonable times and places designated by the board.
7-25 (b) The board may collect license application fees, renewal
8-1 fees, examination fees, and other fees for other administrative
8-2 expenses. If the General Appropriations Act does not set the
8-3 amount of those fees, the board shall set the fees in amounts
8-4 reasonable and necessary for the administration and implementation
8-5 of this Act.
8-6 (c) The board shall approve any examination required for a
8-7 license under this Act. Each examination shall be offered at least
8-8 once each year.
8-9 (d) The board may:
8-10 (1) investigate complaints;
8-11 (2) issue, suspend, deny, and revoke licenses;
8-12 (3) reprimand license holders and place license
8-13 holders on probation;
8-14 (4) issue subpoenas; and
8-15 (5) hold hearings.
8-16 (e) The board shall keep an information file about each
8-17 complaint that is filed with the board relating to a person or
8-18 entity regulated by the board. If a written complaint that the
8-19 board has authority to resolve is filed with the board, the board,
8-20 at least as frequently as quarterly and until the final disposition
8-21 of the complaint, shall notify the parties to the complaint of the
8-22 status of the complaint unless the notice would jeopardize an
8-23 undercover investigation.
8-24 (f) The board shall propose rules consistent with this Act
8-25 to carry out its duties in administering this Act and submit the
9-1 proposed rules to the attorney general for review. The board shall
9-2 adopt rules consistent with the advice of the attorney general. In
9-3 adopting rules, the board shall consider the applicable policies
9-4 and procedures of the department.
9-5 (g) The commissioner, with the advice of the board, shall
9-6 appoint an executive director to administer this Act. The board
9-7 may use personnel, facilities, furniture, equipment, and other
9-8 items supplied by the department to administer this Act.
9-9 (h) The executive director or the executive director's
9-10 designee shall develop an intra-agency career ladder program. The
9-11 program shall require intra-agency posting of all nonentry level
9-12 positions concurrently with any public posting.
9-13 (i) The executive director or the executive director's
9-14 designee shall develop a system of annual performance evaluations
9-15 based on measurable job tasks. All merit pay for board employees
9-16 shall be based on the system established under this subsection.
9-17 (j) The board shall prepare information of consumer interest
9-18 describing the regulatory functions of the board and legal rights
9-19 of consumers as provided by this Act.
9-20 (k) The board shall assist legal authorities in the
9-21 prosecution of any person violating this Act.
9-22 (l) The board shall prepare or approve continuing education
9-23 programs for license holders and shall adopt rules that require a
9-24 license holder to participate in an approved continuing education
9-25 program to renew a license issued under this Act.
10-1 (m) The board shall develop and implement policies that
10-2 clearly define the respective responsibilities of the governing
10-3 body of the board and the staff of the board.
10-4 Sec. 6. PUBLIC INFORMATION. (a) The board shall prepare
10-5 information of public interest describing the functions of the
10-6 board and describing the procedures by which complaints are filed
10-7 with and resolved by the board. The board shall make the
10-8 information available to the general public and appropriate state
10-9 agencies.
10-10 (b) The board by rule shall establish methods by which
10-11 consumers and service recipients are notified of the name, mailing
10-12 address, and telephone number of the board for the purpose of
10-13 directing complaints to the board. The board may provide for that
10-14 notification:
10-15 (1) on each registration form, application, or written
10-16 contract for services of an individual or entity regulated by the
10-17 board;
10-18 (2) on a sign prominently displayed in the place of
10-19 business of each individual or entity regulated by the board; or
10-20 (3) in a bill for service provided by an individual or
10-21 entity regulated by the board.
10-22 (c) The board shall list along with its regular telephone
10-23 number the toll-free telephone number that may be called to present
10-24 a complaint about a person regulated or required to be regulated
10-25 under this Act if the toll-free number is established under other
11-1 state law.
11-2 Sec. 7. PUBLIC PARTICIPATION IN BOARD MEETINGS. The board
11-3 shall develop and implement policies that provide the public with a
11-4 reasonable opportunity to appear before the board and to speak on
11-5 any issue under the jurisdiction of the board.
11-6 Sec. 8. PROGRAM ACCESSIBILITY. The board shall prepare and
11-7 maintain a written plan that describes how a person who does not
11-8 speak English can be provided reasonable access to the board's
11-9 programs. The board shall also comply with federal and state laws
11-10 for program and facility accessibility.
11-11 Sec. 9. TRAINING; STANDARDS OF CONDUCT INFORMATION. Each
11-12 board member shall comply with the board member training
11-13 requirements established by any other state agency that is given
11-14 authority to establish the requirements for the board.
11-15 Sec. 10. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE
11-16 REQUIREMENTS. The board is subject to Chapters 551 and 2001,
11-17 Government Code.
11-18 Sec. 11. ORGANIZATION OF BOARD. (a) The members of the
11-19 board shall elect from the membership of the board a presiding
11-20 officer, a secretary, and other officers required for the conduct
11-21 of business. Special meetings of the board shall be called by the
11-22 presiding officer or on the written request of any three members.
11-23 The board may adopt rules necessary to govern its proceedings.
11-24 (b) The executive director shall keep a record of each
11-25 meeting of the board and maintain a register containing the names
12-1 of all persons holding a license under this Act. The record and
12-2 register shall be open at all times to public inspection. On March
12-3 1 of each year, the executive director shall send an official copy
12-4 of the register of license holders to the secretary of state for
12-5 permanent record. A certified copy of the register is admissible
12-6 as evidence in any court of this state.
12-7 Sec. 12. COMPENSATION. A member of the board is entitled to
12-8 compensation and reimbursement of the member's travel expenses as
12-9 provided by the General Appropriations Act.
12-10 Sec. 13. EFFECT OF LOBBYING ACTIVITY. A person may not
12-11 serve as a member of the board or act as the general counsel to the
12-12 board if the person is required to register as a lobbyist under
12-13 Chapter 305, Government Code, because of the person's activities
12-14 for compensation on behalf of a profession related to the operation
12-15 of the board.
12-16 Sec. 14. PUBLIC MEMBERSHIP RESTRICTION. A person is not
12-17 eligible for appointment by the governor as a public member of the
12-18 board if the person or person's spouse:
12-19 (1) is registered, certified, or licensed by an
12-20 occupational regulatory agency in the field of health care;
12-21 (2) is employed by or participates in the management
12-22 of a business entity or other organization regulated by the board
12-23 or receiving funds from the board;
12-24 (3) owns or controls, directly or indirectly, more
12-25 than a 10 percent interest in a business entity or other
13-1 organization regulated by the board or receiving funds from the
13-2 board; or
13-3 (4) uses or receives a substantial amount of tangible
13-4 goods, services, or funds from the board, other than compensation
13-5 or reimbursement authorized by law for board membership,
13-6 attendance, or expenses.
13-7 Sec. 15. CONFLICT OF INTEREST RESTRICTIONS. (a) An
13-8 officer, employee, or paid consultant of a Texas trade association
13-9 in the field of health care may not be a member or employee of the
13-10 board who is exempt from the state's position classification plan
13-11 or is compensated at or above the amount prescribed by the General
13-12 Appropriations Act for step 1, salary group 17, of the position
13-13 classification salary schedule.
13-14 (b) A person who is the spouse of an officer, manager, or
13-15 paid consultant of a Texas trade association in the field of health
13-16 care may not be a member of the board and may not be an employee of
13-17 the board who is exempt from the state's position classification
13-18 plan or is compensated at or above the amount prescribed by the
13-19 General Appropriations Act for step 1, salary group 17, of the
13-20 position classification salary schedule.
13-21 (c) For the purposes of this section, a Texas trade
13-22 association is a nonprofit, cooperative, and voluntarily joined
13-23 association of business or professional competitors in this state
13-24 designed to assist its members and its industry or profession in
13-25 dealing with mutual business or professional problems and in
14-1 promoting their common interest.
14-2 Sec. 16. AUDIT. The financial transactions of the board are
14-3 subject to audit by the state auditor in accordance with Chapter
14-4 321, Government Code.
14-5 Sec. 17. REPORT TO GOVERNOR AND LEGISLATURE. During January
14-6 of each year, the board shall file with the governor and the
14-7 presiding officer of each house of the legislature a complete and
14-8 detailed written report accounting for all funds received and
14-9 disbursed by the board during the preceding year.
14-10 Sec. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
14-11 executive director or the executive director's designee shall
14-12 prepare and maintain a written policy statement to ensure
14-13 implementation of a program of equal employment opportunity under
14-14 which all personnel transactions are made without regard to race,
14-15 color, disability, sex, religion, age, or national origin. The
14-16 policy statement must include:
14-17 (1) personnel policies, including policies relating to
14-18 recruitment, evaluation, selection, application, training, and
14-19 promotion of personnel, that are in compliance with Chapter 21,
14-20 Labor Code;
14-21 (2) a comprehensive analysis of the board workforce
14-22 that meets federal and state laws, rules, and regulations and
14-23 instructions promulgated directly from those laws, rules, and
14-24 regulations;
14-25 (3) procedures by which a determination can be made of
15-1 significant underutilization in the board workforce of all persons
15-2 for whom federal or state laws, rules, and regulations and
15-3 instructions promulgated directly from those laws, rules, and
15-4 regulations encourage a more equitable balance; and
15-5 (4) reasonable methods to appropriately address those
15-6 areas of underutilization.
15-7 (b) A policy statement prepared under Subsection (a) of this
15-8 section must cover an annual period, be updated annually, be
15-9 reviewed by the Commission on Human Rights for compliance with
15-10 Subsection (a)(1) of this section, and be filed with the governor's
15-11 office.
15-12 (c) The governor's office shall deliver a biennial report to
15-13 the legislature based on the information received under Subsection
15-14 (b) of this section. The report may be made separately or as part
15-15 of other biennial reports to the legislature.
15-16 Sec. 19. NOTICE OF STANDARDS OF CONDUCT. The board shall
15-17 provide to its members and employees, as often as necessary,
15-18 information regarding their qualifications for office or employment
15-19 under this Act and their responsibilities under applicable laws
15-20 relating to standards of conduct for state officers or employees.
15-21 Sec. 20. APPROPRIATIONS TO TEXAS DEPARTMENT OF HEALTH. The
15-22 department shall receive and account for funds derived under this
15-23 Act. The department shall deposit all funds collected under this
15-24 Act to the credit of the general revenue fund.
15-25 Sec. 21. EXEMPTIONS. (a) This Act does not restrict a
16-1 license holder of another state agency from performing health care
16-2 services within the scope of the license holder's applicable
16-3 licensing act if:
16-4 (1) the license holder:
16-5 (A) does not represent to others that the
16-6 license holder practices the profession of orthotics or
16-7 prosthetics; or
16-8 (B) does not use the terms "prosthetist,"
16-9 "prosthesis," "prosthetic," "artificial limb," "orthotist,"
16-10 "orthosis," "orthotic," or "brace" or the letters "LP," "LPA,"
16-11 "LO," "LOA," "LPO," or "LPOA" or any derivative of those terms or
16-12 letters in connection with the license holder's name or practice;
16-13 and
16-14 (2) the license holder practices in conformance with
16-15 the applicable laws and rules relating to the person's license and
16-16 does not violate Section 22 of this Act.
16-17 (b) This Act does not apply to the activities and services
16-18 of a person acting as a student in orthotics or prosthetics who is
16-19 pursuing a course of study in a prosthetic or orthotic program at a
16-20 college or university recognized and accredited by the Commission
16-21 on Accreditation of Allied Health Education Programs or an orthotic
16-22 or prosthetic educational program having educational standards that
16-23 are equivalent to or exceed the standards adopted by the Commission
16-24 on Accreditation of Allied Health Education Programs or who is
16-25 working in a recognized training center or research facility, if
17-1 those activities and services constitute a part of the person's
17-2 course of study in the discipline in which the person's supervisor
17-3 is licensed under this Act.
17-4 (c) This Act does not apply to:
17-5 (1) a podiatrist practicing under the law regulating
17-6 podiatry (Article 4567 et seq., Revised Statutes);
17-7 (2) a doctor of chiropractic practicing under the law
17-8 regulating chiropractic (Chapter 94, Acts of the 51st Legislature,
17-9 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
17-10 Statutes));
17-11 (3) an occupational therapist practicing under the law
17-12 regulating occupational therapy (Occupational Therapy Practice Act
17-13 (Article 8851, Vernon's Texas Civil Statutes)); or
17-14 (4) a physical therapist practicing under the law
17-15 regulating physical therapy (Chapter 836, Acts of the 62nd
17-16 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
17-17 Civil Statutes)).
17-18 (d) This Act does not apply to a pedorthist certified by the
17-19 Board for Certification in Pedorthics. For the purposes of this
17-20 subsection, a certified pedorthist is a person certified by the
17-21 Board for Certification in Pedorthics, or its successor entity, in
17-22 the design, manufacture, fit, and modification of shoes and related
17-23 foot orthoses below the anatomical ankle joint as prescribed by a
17-24 licensed doctor of medicine or a doctor of podiatry for the
17-25 amelioration of a painful or disabling condition of the foot.
18-1 "Foot orthosis" includes prosthetic toe fillers or orthoses for use
18-2 below the ankle.
18-3 (e) A pharmacist licensed by the Texas State Board of
18-4 Pharmacy or a person who is working under the direct supervision of
18-5 a pharmacist may practice orthotics. Nothing in this Act shall
18-6 preclude a pharmacist from being reimbursed by a state-funded
18-7 program for providing these services.
18-8 Sec. 22. PROHIBITED ACTS. (a) A person may not practice,
18-9 attempt to practice, or offer to practice prosthetics or orthotics,
18-10 act as an assistant to a person who practices prosthetics or
18-11 orthotics, or in any way hold the person out as being able to
18-12 practice prosthetics or orthotics unless the person holds a license
18-13 issued by the board under this Act.
18-14 (b) A person or the person's employees, agents, or
18-15 representatives may not use in connection with the person's name or
18-16 business activities the terms or a combination of the terms or
18-17 letters described in Section 21(a)(1) of this Act, indicate orally
18-18 or in writing, directly or by implication, that a prosthetic or
18-19 orthotic service is provided or supplied, or extend or provide
18-20 prosthetic or orthotic services unless the person is a prosthetist
18-21 or orthotist or an assistant to a prosthetist or orthotist licensed
18-22 under this Act.
18-23 (c) A person licensed under this Act violates this Act if
18-24 the person violates Section 161.091, Health and Safety Code.
18-25 Sec. 23. PROSTHETIST AND ORTHOTIST LICENSE REQUIREMENTS.
19-1 (a) To obtain a license to practice prosthetics or orthotics in
19-2 this state, an individual must file a written application with the
19-3 board on the form provided by the board, pay the nonrefundable
19-4 application fee prescribed by the board, and:
19-5 (1) be a resident of this state;
19-6 (2) have completed the formal training, including the
19-7 required hours of classroom education and clinical practice, in an
19-8 area of study the board by rule determines to be necessary and
19-9 appropriate;
19-10 (3) have completed a clinical residency in the
19-11 professional area for which licensure is sought that complies with
19-12 the standards, guidelines, or procedures established by the board
19-13 for a clinical residency offered in this state or in another state;
19-14 and
19-15 (4) have completed and passed all written and
19-16 practical examinations approved and required by the board.
19-17 (b) The requirements for a license established by board rule
19-18 must include:
19-19 (1) either:
19-20 (A) a bachelor's degree in orthotics and
19-21 prosthetics from a college or university educational program
19-22 recognized and accredited by the Commission on Accreditation of
19-23 Allied Health Education Programs or from a practitioner educational
19-24 program having educational standards that are equivalent to or
19-25 exceed the standards adopted by the Commission on Accreditation of
20-1 Allied Health Education Programs; or
20-2 (B) a bachelor's degree and a prosthetic or
20-3 orthotic certificate from a practitioner educational program
20-4 recognized and accredited by the Commission on Accreditation of
20-5 Allied Health Education Programs or from a practitioner educational
20-6 program having educational standards that are equivalent to or
20-7 exceed the standards adopted by the Commission on Accreditation of
20-8 Allied Health Education Programs; and
20-9 (2) not less than 1,900 hours of professional clinical
20-10 residency completed under the direct supervision of a licensed
20-11 orthotist, licensed prosthetist, or a licensed prosthetist
20-12 orthotist in the discipline for which licensure is sought.
20-13 (c) The board's rules providing requirements for a license
20-14 must include as an alternative to the requirement under Subsection
20-15 (b) of this section that an applicant have an associate's degree,
20-16 including courses in the anatomical, biological, and physical
20-17 sciences and not less than 4,500 hours of postgraduate clinical
20-18 experience under the direct supervision of a licensed orthotist,
20-19 licensed prosthetist, or licensed prosthetist orthotist in the
20-20 discipline for which licensure is sought. This subsection expires
20-21 January 1, 2005.
20-22 (d) A person may apply for an exemption from the license
20-23 requirements adopted by the board under this section if the person
20-24 applies not later than the 181st day after the date the board's
20-25 initial rules under this Act are finally adopted and published and
21-1 the person:
21-2 (1) is a resident of this state; and
21-3 (2) preceding the date of the application:
21-4 (A) provided comprehensive prosthetic or
21-5 orthotic care for not less than three years, including practicing
21-6 orthotics or prosthetics in this state for the one-year period
21-7 preceding the application date; or
21-8 (B) provided comprehensive prosthetic and
21-9 orthotic care for not less than six years, including practicing
21-10 orthotics and prosthetics in this state for the one-year period
21-11 preceding the application date.
21-12 (e) A person may apply for an exemption from the license
21-13 requirements adopted by the board under this section if the person
21-14 is a resident of this state who presents evidence satisfactory to
21-15 the board that the person possesses unique qualifications to
21-16 practice orthotics, prosthetics, or orthotics and prosthetics.
21-17 (f) A person may obtain a license to practice in this state
21-18 by completing and passing all written and practical examinations
21-19 approved and required by the board if the person:
21-20 (1) applies for the examinations on a form provided by
21-21 the board not later than the 181st day after the date the board's
21-22 initial rules under this Act are finally adopted and published;
21-23 (2) pays the nonrefundable application fee prescribed
21-24 by the board; and
21-25 (3) provided comprehensive orthotic, prosthetic, or
22-1 orthotic and prosthetic care in this state for less than the number
22-2 of years required by Subsection (d) of this section.
22-3 (g) The board shall issue a license to a person who is
22-4 determined to be exempt from the license requirements under
22-5 Subsection (d) or (e) of this section or who obtains a license
22-6 under Subsection (f) of this section. Such a license holder is
22-7 entitled to the same license privileges as if the person met the
22-8 educational and vocational requirements under Subsection (a) or (b)
22-9 of this section. The person is subject to the license renewal
22-10 requirements adopted by the board, except for the academic,
22-11 clinical training, and examination requirements, which may not be
22-12 imposed as a condition of the person's license.
22-13 Sec. 24. PROSTHETIST OR ORTHOTIST ASSISTANT LICENSE.
22-14 (a) An applicant for a license as a prosthetist assistant or
22-15 orthotist assistant must file a written application with the board
22-16 on a form provided by the board and pay the nonrefundable
22-17 application fee prescribed by the board.
22-18 (b) An applicant under this section must present evidence
22-19 satisfactory to the board that the applicant has completed an
22-20 educational program, including courses in the anatomical,
22-21 biological, and physical sciences, and a clinical residency as
22-22 prescribed and adopted by the board.
22-23 (c) An assistant licensed under this section may provide
22-24 only ancillary patient care services, as defined by the board, in
22-25 the discipline in which the assistant's supervisor is licensed
23-1 under this Act.
23-2 (d) A person may apply for an exemption from the license
23-3 requirements adopted by the board under this section if the person
23-4 applies not later than the 181st day after the date the board's
23-5 initial rules under this Act are finally adopted and published and
23-6 if the person is a resident of this state who has practiced within
23-7 the scope of practice of an assistant, as defined by the board, for
23-8 three consecutive years in this state.
23-9 Sec. 25. PROSTHETIC OR ORTHOTIC TECHNICIAN REGISTRATION.
23-10 (a) An applicant for registration as a registered prosthetic
23-11 technician or registered orthotic technician must file a written
23-12 application with the board on a form provided by the board and pay
23-13 the nonrefundable application fee prescribed by the board.
23-14 (b) An applicant under this section must present evidence
23-15 satisfactory to the board that the applicant has completed an
23-16 educational program and laboratory experience as prescribed and
23-17 adopted by the board.
23-18 (c) A person may apply for an exemption from the
23-19 registration requirements adopted by the board under this section
23-20 if the person applies not later than the 181st day after the date
23-21 the board's initial rules under this Act are finally adopted and
23-22 published and if the person is a resident of this state who has
23-23 practiced as an orthotic or prosthetic technician for three
23-24 consecutive years in this state.
23-25 Sec. 26. ACCREDITATION OF FACILITIES. (a) The board by
24-1 rule shall adopt requirements for the accreditation and the renewal
24-2 of an accreditation of an orthotic or prosthetic facility in which
24-3 the profession and practice of orthotics or prosthetics is
24-4 conducted.
24-5 (b) If one or more facilities are owned by a person, the
24-6 board may require only one application for the accreditation of all
24-7 the person's facilities. Each orthotic or prosthetic facility must
24-8 meet the requirements prescribed by the board.
24-9 (c) An orthotic or prosthetic facility must be under the
24-10 on-site direction of an orthotist or prosthetist licensed by the
24-11 board in the discipline for which accreditation is sought.
24-12 (d) The rules adopted under this section may not prohibit a
24-13 licensed individual from practicing in an orthotic or prosthetic
24-14 facility within the scope of the individual's license.
24-15 (e) This section does not apply to a facility licensed under
24-16 Subtitle B, Title 4, Health and Safety Code.
24-17 Sec. 27. ISSUANCE OF LICENSE. (a) The board shall issue a
24-18 license in prosthetics or orthotics to an applicant who meets the
24-19 qualifications established under this Act and the requirements
24-20 adopted by the board as provided by this Act. A license is valid
24-21 for two years from the date issued and may be renewed before
24-22 expiration.
24-23 (b) The board may issue a license or registration under this
24-24 Act only to an individual. The board may issue an accreditation
24-25 only to an orthotic or prosthetic facility.
25-1 (c) A license may be granted in either orthotics or
25-2 prosthetics, or in both, if the person meets the requirements
25-3 established by the board.
25-4 Sec. 28. PROVISIONAL LICENSE. (a) A person practicing
25-5 comprehensive prosthetic or orthotic patient management who does
25-6 not meet the requirements of this Act for licensing as a
25-7 prosthetist or orthotist by October 1, 1998, and is not exempt
25-8 under this Act, must comply with the requirements of Sections 23(a)
25-9 and (b) of this Act on or before January 1, 2005.
25-10 (b) A person subject to this section may apply for a
25-11 prosthetist or orthotist provisional license by filing a written
25-12 application with the board on a form provided by the board and
25-13 paying a nonrefundable application fee prescribed by the board.
25-14 (c) A provisional license may only be issued to an
25-15 individual who is actively engaged in complying with the
25-16 educational and clinical licensing requirements of Sections 23(a)
25-17 and (b) of this Act.
25-18 (d) A provisional license may be revoked by the board if the
25-19 board determines that the provisional license holder is not in
25-20 compliance with this section.
25-21 (e) The educational and clinical training requirements
25-22 established by board rule for a provisional license must include:
25-23 (1) an associate degree, including course work in the
25-24 anatomical, biological, and physical sciences; and
25-25 (2) not less than 4,500 hours of postgraduate clinical
26-1 residency completed under the direct supervision of a licensed
26-2 orthotist or a licensed prosthetist in the discipline for which a
26-3 provisional license is sought.
26-4 (f) A provisional license is valid for two years from the
26-5 date issued and may be renewed with documentation as required by
26-6 board rule.
26-7 (g) This section expires January 1, 2005.
26-8 Sec. 29. TEMPORARY LICENSE. (a) The board may issue a
26-9 temporary license to an individual who:
26-10 (1) has recently become a resident of this state;
26-11 (2) has applied for licensing as an orthotist,
26-12 prosthetist, or both; and
26-13 (3) has:
26-14 (A) practiced the profession of orthotics
26-15 regularly since January 1, 1996; or
26-16 (B) been licensed by the state in which the
26-17 person formerly resided that has licensing requirements that are
26-18 equal to or exceed the requirements of this Act.
26-19 (b) A temporary license is valid for one year from the date
26-20 issued. A temporary license may be renewed for not more than one
26-21 additional year if the applicant presents to the board sufficient
26-22 evidence of good cause for renewal.
26-23 Sec. 30. STUDENT REGISTRATION. (a) The board may issue a
26-24 student registration certificate to an individual who:
26-25 (1) holds either:
27-1 (A) a bachelor's degree in orthotics and
27-2 prosthetics conferred by a college or university educational
27-3 program recognized and accredited by the Commission on
27-4 Accreditation of Allied Health Education Programs or from a
27-5 practitioner educational program having educational standards that
27-6 are equivalent to or exceed the standards adopted by the Commission
27-7 on Accreditation of Allied Health Education Programs; or
27-8 (B) a bachelor's degree and a prosthetic or
27-9 orthotic certificate from a practitioner educational program
27-10 recognized and accredited by the Commission on Accreditation of
27-11 Allied Health Education Programs or from an educational program
27-12 having educational standards that are equivalent to or exceed the
27-13 standards adopted by the Commission on Accreditation of Allied
27-14 Health Education Programs; and
27-15 (2) is working toward fulfillment of the requirements
27-16 for licensing as a prosthetist, orthotist, or prosthetist
27-17 orthotist.
27-18 (b) The board may issue a student registration certificate
27-19 to an individual who holds, as an alternative to the qualifications
27-20 required by Subsection (a)(1)(B) of this section, an associate's
27-21 degree, including course work in the anatomical, biological, and
27-22 physical sciences. This subsection expires January 1, 2005.
27-23 (c) A student registrant may work only under the direct
27-24 supervision of a licensed orthotist, licensed prosthetist, or
27-25 licensed prosthetist orthotist who is responsible for the acts of
28-1 the student registrant and is licensed in the discipline of the
28-2 clinical residency.
28-3 (d) A student registration certificate is valid for two
28-4 years from the date issued and may be renewed once for an
28-5 additional two years.
28-6 Sec. 31. EXAMINATION EXEMPTION. The board may accept as a
28-7 substitute for the examination requirement proof that the applicant
28-8 for the exemption holds a current license in a state that has
28-9 licensing requirements that are equal to or exceed the requirements
28-10 of this Act.
28-11 Sec. 32. CONTINUING EDUCATION. (a) An applicant for
28-12 renewal of a license shall submit to the board evidence of
28-13 satisfactory completion of the continuing education requirements
28-14 required by the board.
28-15 (b) The board shall notify each license holder of the
28-16 holder's failure to comply with the board's continuing education
28-17 requirements and shall notify the license holder that if the holder
28-18 does not obtain the required continuing education before the
28-19 expiration of three months after the date the notice was given, the
28-20 board may take any action authorized by this Act concerning the
28-21 suspension or revocation of the holder's license.
28-22 Sec. 33. DISCIPLINARY PROVISIONS. (a) After notice and
28-23 opportunity for a hearing, the board may revoke, suspend, or refuse
28-24 to renew a license issued under this Act on a finding that:
28-25 (1) the license was obtained by fraud,
29-1 misrepresentation, or concealment of a material fact;
29-2 (2) the person engaged in fraud or deceit in
29-3 connection with services provided by the person;
29-4 (3) the person engaged in unprofessional or unethical
29-5 conduct;
29-6 (4) the person engaged in gross negligence or
29-7 malpractice; or
29-8 (5) the person violated this Act or a rule adopted
29-9 under this Act.
29-10 (b) A license revoked under Subsection (a) of this section
29-11 may be reinstated after the first anniversary of the date of the
29-12 revocation by the board on terms the board determines to be
29-13 necessary.
29-14 Sec. 34. CIVIL PENALTY. (a) A person who violates this Act
29-15 is subject to a civil penalty of $200 for the first violation and
29-16 $500 for each subsequent violation. At the request of the board,
29-17 the attorney general shall bring an action in the name of the state
29-18 to collect a civil penalty under this section.
29-19 (b) Each day a violation of Section 22 of this Act continues
29-20 is a separate violation for the purpose of this section.
29-21 SECTION 2. Section 232.002, Family Code, is amended to read
29-22 as follows:
29-23 Sec. 232.002. Licensing Authorities Subject to Chapter. The
29-24 following state agencies are licensing authorities subject to this
29-25 subchapter:
30-1 (1) Department of Agriculture;
30-2 (2) Texas Commission on Alcohol and Drug Abuse;
30-3 (3) Texas Alcoholic Beverage Commission;
30-4 (4) Texas Appraiser Licensing and Certification Board;
30-5 (5) Texas Board of Architectural Examiners;
30-6 (6) State Board of Barber Examiners;
30-7 (7) Texas Board of Chiropractic Examiners;
30-8 (8) Comptroller of Public Accounts;
30-9 (9) Texas Cosmetology Commission;
30-10 (10) Court Reporters Certification Board;
30-11 (11) State Board of Dental Examiners, if the 74th
30-12 Legislature, at its regular session, enacts legislation that
30-13 becomes law authorizing a state agency to regulate the practice of
30-14 dentistry;
30-15 (12) Texas State Board of Examiners of Dietitians;
30-16 (13) Texas Funeral Service Commission;
30-17 (14) Texas Department of Health;
30-18 (15) Texas Board of Professional Land Surveying;
30-19 (16) Texas Department of Licensing and Regulation;
30-20 (17) Texas State Board of Examiners of Marriage and
30-21 Family Therapists;
30-22 (18) Texas State Board of Medical Examiners;
30-23 (19) Midwifery Board;
30-24 (20) Texas Natural Resource Conservation Commission;
30-25 (21) Board of Nurse Examiners;
31-1 (22) Texas Board of Nursing Facility Administrators;
31-2 (23) Texas Board of Occupational Therapy Examiners;
31-3 (24) Texas Optometry Board;
31-4 (25) Parks and Wildlife Department;
31-5 (26) Texas State Board of Examiners of Perfusionists;
31-6 (27) Texas State Board of Pharmacy;
31-7 (28) Texas Board of Physical Therapy Examiners;
31-8 (29) Texas State Board of Plumbing Examiners;
31-9 (30) Texas State Board of Podiatry Examiners;
31-10 (31) Polygraph Examiners Board;
31-11 (32) Texas Board of Private Investigators and Private
31-12 Security Agencies;
31-13 (33) Texas State Board of Examiners of Professional
31-14 Counselors;
31-15 (34) State Board of Registration for Professional
31-16 Engineers;
31-17 (35) Department of Protective and Regulatory Services;
31-18 (36) Texas State Board of Examiners of Psychologists;
31-19 (37) Texas State Board of Public Accountancy;
31-20 (38) Department of Public Safety of the State of
31-21 Texas;
31-22 (39) Public Utility Commission of Texas;
31-23 (40) Railroad Commission of Texas;
31-24 (41) Texas Real Estate Commission;
31-25 (42) State Bar of Texas;
32-1 (43) Texas State Board of Social Worker Examiners;
32-2 (44) State Board of Examiners for Speech-Language
32-3 Pathology and Audiology;
32-4 (45) Texas Structural Pest Control Board;
32-5 (46) Board of Tax Professional Examiners;
32-6 (47) Secretary of State;
32-7 (48) Supreme Court of Texas;
32-8 (49) Texas Transportation Commission;
32-9 (50) State Board of Veterinary Medical Examiners;
32-10 (51) Board of Vocational Nurse Examiners;
32-11 (52) Texas Ethics Commission;
32-12 (53) Advisory Board of Athletic Trainers;
32-13 (54) State Committee of Examiners in the Fitting and
32-14 Dispensing of Hearing Instruments;
32-15 (55) Texas Board of Licensure for Professional Medical
32-16 Physicists; [and]
32-17 (56) Texas Department of Insurance; and
32-18 (57) Texas Board of Orthotics and Prosthetics.
32-19 SECTION 3. (a) In making the initial appointments to the
32-20 Texas Board of Orthotics and Prosthetics, the governor shall, not
32-21 later than October 1, 1997, appoint:
32-22 (1) two members for terms expiring February 1, 1999;
32-23 (2) two members for terms expiring February 1, 2001;
32-24 and
32-25 (3) two members for terms expiring February 1, 2003.
33-1 (b) The initial members of the board appointed under
33-2 Subsection (a) of this section shall have the qualifications
33-3 required by this subsection. One member must be an orthotist
33-4 certified by the American Board for Certification in Orthotics and
33-5 Prosthetics, Inc., be a resident of this state, and have practiced
33-6 orthotics for the five years preceding the date of appointment.
33-7 Two members must be orthotists who hold a credential issued by the
33-8 Board for Orthotist Certification, are residents of this state, and
33-9 have practiced orthotics for the five years preceding the date of
33-10 appointment. One member must be a prosthetist orthotist or
33-11 prosthetist certified by the American Board for Certification in
33-12 Orthotics and Prosthetics, Inc., be a resident of this state, and
33-13 have practiced prosthetics or orthotics for the five years
33-14 preceding the date of appointment. One member must be a
33-15 representative of the public who uses an orthosis. One member must
33-16 be a representative of the public who uses a prosthesis.
33-17 (c) A member appointed under this section to a place on the
33-18 board required to be held by a person licensed under Article 8920,
33-19 Revised Statutes, as added by this Act, may continue to serve
33-20 without having the appropriate license until February 1, 1999, by
33-21 which date the person must obtain the required license.
33-22 (d) The board shall adopt rules under Article 8920, Revised
33-23 Statutes, as added by this Act, not later than October 1, 1998.
33-24 SECTION 4. (a) Except as provided by Subsection (b) of this
33-25 section, this Act takes effect September 1, 1997.
34-1 (b) Sections 22 and 34, Article 8920, Revised Statutes, as
34-2 added by this Act, take effect October 1, 1998.
34-3 SECTION 5. The importance of this legislation and the
34-4 crowded condition of the calendars in both houses create an
34-5 emergency and an imperative public necessity that the
34-6 constitutional rule requiring bills to be read on three several
34-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 291 passed the Senate on
March 4, 1997, by a viva-voce vote; and that the Senate concurred
in House amendments on May 23, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 291 passed the House, with
amendments, on May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor