By Patterson S.B. No. 291 75R2608 JMM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of orthotists and prosthetists; 1-3 providing a civil penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 132, Revised Statutes, is amended by adding 1-6 Article 8920 to read as follows: 1-7 Art. 8920. REGULATION OF ORTHOTISTS AND PROSTHETISTS 1-8 Sec. 1. SHORT TITLE. This article may be cited as the 1-9 Orthotics and Prosthetics Act. 1-10 Sec. 2. DEFINITIONS. In this Act: 1-11 (1) "Board" means the Texas Board of Orthotics and 1-12 Prosthetics. 1-13 (2) "Commissioner" means the commissioner of public 1-14 health. 1-15 (3) "Custom-fabricated" means an orthosis or 1-16 prosthesis has been designed, prescribed, fabricated, fitted, and 1-17 aligned specifically for an individual in accordance with sound 1-18 biomechanical principles. 1-19 (4) "Custom-fitted" means an orthosis or prosthesis 1-20 that has been adjusted, prescribed, fitted, and aligned for a 1-21 specific individual according to sound biomechanical principles. 1-22 (5) "Department" means the Texas Department of Health. 1-23 (6) "License" includes a license, registration, 1-24 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," 2-26 "artificial limb," "brace," or a similar title or description of 2-27 services. 3-1 (12) "Licensed prosthetist orthotist assistant" or 3-2 "LPOA" means a person licensed under this Act who assists and is 3-3 under the supervision at an orthotic or prosthetic facility of a 3-4 licensed prosthetist orthotist or a licensed prosthetist and 3-5 licensed orthotist responsible for the acts of the assistant. 3-6 (13) "Orthosis" means a custom-fabricated or 3-7 custom-fitted medical device designed to provide for the support, 3-8 alignment, prevention, or correction of neuromuscular or 3-9 musculoskeletal disease, injury, or deformity. The term does not 3-10 include a fabric or elastic support, corset, arch support, 3-11 low-temperature plastic splint, truss, elastic hose, cane, crutch, 3-12 soft cervical collar, orthosis for diagnostic or evaluation 3-13 purposes, dental appliance, or any other similar device carried in 3-14 stock and sold by a drugstore, department store, or corset shop. 3-15 (14) "Orthotic or prosthetic facility" means a 3-16 physical site, including a building or office, where the profession 3-17 and practice of orthotics or prosthetics normally takes place. 3-18 (15) "Orthotics" means the science and practice of 3-19 measuring, designing, fabricating, assembling, fitting, adjusting, 3-20 or servicing an orthosis under an order from a licensed physician, 3-21 chiropractor, or podiatrist for the correction or alleviation of 3-22 neuromuscular or musculoskeletal dysfunction, disease, injury, or 3-23 deformity. 3-24 (16) "Person" means an individual, corporation, 3-25 partnership, association, or other organization. 3-26 (17) "Profession of orthotics or prosthetics" means 3-27 allied health care medical services used to identify, prevent, 4-1 correct, or alleviate acute or chronic neuromuscular or 4-2 musculoskeletal dysfunctions of the human body that support and 4-3 provide rehabilitative health care services concerned with the 4-4 restoration of function, prevention, or progression of disabilities 4-5 resulting from disease, injury, or congenital anomalies. Orthotic 4-6 and prosthetic services include direct patient care, including 4-7 consultation, evaluation, treatment, education, and advice to 4-8 maximize the rehabilitation potential of disabled individuals. 4-9 (18) "Prosthesis" means a custom-fabricated or fitted 4-10 medical device that is not surgically implanted and is used to 4-11 replace a missing limb, appendage, or other external human body 4-12 part, including an artificial limb, hand, or foot. The term does 4-13 not include an artificial eye, ear, finger, or toe, a dental 4-14 appliance, a cosmetic device, including an artificial breast, 4-15 eyelash, or wig, or other device that does not have a significant 4-16 impact on the musculoskeletal functions of the body. 4-17 (19) "Prosthetics" means the science and practice of 4-18 measuring, designing, fabricating, assembling, fitting, adjusting, 4-19 or servicing a prosthesis under an order from a licensed physician, 4-20 chiropractor, or podiatrist. 4-21 (20) "Registered orthotic technician" means a person 4-22 registered under this Act who fabricates, assembles, and services 4-23 orthoses under the direction of a licensed orthotist or licensed 4-24 orthotist assistant responsible for the acts of the technician. 4-25 (21) "Registered prosthetic orthotic technician" means 4-26 a person registered under this Act who fabricates, assembles, or 4-27 services prostheses and orthoses under the direction of a licensed 5-1 orthotist and licensed prosthetist, a licensed prosthetist 5-2 orthotist, or a licensed orthotist assistant, licensed prosthetist 5-3 assistant, or licensed prosthetist orthotist assistant responsible 5-4 for the acts of the technician. 5-5 (22) "Registered prosthetic technician" means a person 5-6 registered under this Act who fabricates, assembles, or services 5-7 prostheses under the direction of a licensed prosthetist or 5-8 licensed prosthetist assistant responsible for the acts of the 5-9 technician. 5-10 Sec. 3. BOARD. (a) The Texas Board of Orthotics and 5-11 Prosthetics is established as a part of the department and shall 5-12 perform its duties as a board with the department. 5-13 (b) The board consists of six members appointed by the 5-14 governor with the advice and consent of the senate. Appointments 5-15 to the board shall be made without regard to the race, color, 5-16 disability, sex, religion, age, or national origin of the 5-17 appointees. 5-18 (c) Members of the board are appointed for staggered 5-19 six-year terms, with two members' terms expiring on February 1 of 5-20 each odd-numbered year. 5-21 (d) One member of the board must be a licensed orthotist, be 5-22 a resident of this state, and have practiced orthotics for the five 5-23 years preceding the date of appointment. One member of the board 5-24 must be a licensed prosthetist, be a resident of this state, and 5-25 have practiced prosthetics for the five years preceding the date of 5-26 appointment. One member of the board must be a licensed 5-27 prosthetist orthotist, be a resident of this state, and have 6-1 practiced prosthetics and orthotics for the five years preceding 6-2 the date of appointment. One member of the board must be a 6-3 representative of the public who uses an orthosis. One member of 6-4 the board must be a representative of the public who uses a 6-5 prosthesis. One member of the board must be a representative of 6-6 the public who does not use an orthosis or prosthesis. 6-7 (e) A vacancy on the board shall be filled by appointment by 6-8 the governor of an individual who has the appropriate 6-9 qualifications. The appointed person serves for the remainder of 6-10 the term. 6-11 (f) A member of the board is not liable for damages in a 6-12 civil action for any act performed in good faith in the execution 6-13 of the member's duties. 6-14 (g) The board is subject to Chapter 325, Government Code 6-15 (Texas Sunset Act). Unless continued in existence as provided by 6-16 that chapter, the board is abolished and this Act expires September 6-17 1, 2009. 6-18 Sec. 4. REMOVAL FROM BOARD. (a) It is a ground for removal 6-19 from the board if a member: 6-20 (1) does not have at the time of appointment the 6-21 qualifications required for appointment to the board; 6-22 (2) does not maintain during service on the board the 6-23 qualifications required for appointment to the board; 6-24 (3) violates a prohibition established by this Act; 6-25 (4) cannot discharge the member's duties for a 6-26 substantial part of the term for which the member is appointed 6-27 because of illness or disability; or 7-1 (5) is absent from more than half of the regularly 7-2 scheduled board meetings that the member is eligible to attend 7-3 during a calendar year unless the absence is excused by majority 7-4 vote of the board. 7-5 (b) The validity of an action of the board is not affected 7-6 by the fact that the action was taken when a ground for removal of 7-7 a member of the board existed. 7-8 (c) If the executive director has knowledge that a potential 7-9 ground for removal exists, the executive director shall notify the 7-10 presiding officer of the board of the ground. The presiding 7-11 officer shall then notify the governor that a potential ground for 7-12 removal exists. 7-13 Sec. 5. BOARD POWERS AND DUTIES. (a) The board shall 7-14 review applications for a license at least once each year at 7-15 reasonable times and places designated by the board. 7-16 (b) The board may collect license application fees, renewal 7-17 fees, examination fees, and other fees for other administrative 7-18 expenses. If the General Appropriations Act does not set the 7-19 amount of those fees, the board shall set the fees in amounts 7-20 reasonable and necessary for the administration and implementation 7-21 of this Act. 7-22 (c) The board shall approve any examination required for a 7-23 license under this Act. Each examination shall be offered at least 7-24 once each year. 7-25 (d) The board may: 7-26 (1) investigate complaints; 7-27 (2) issue, suspend, deny, and revoke licenses; 8-1 (3) reprimand license holders and place license 8-2 holders on probation; 8-3 (4) issue subpoenas; and 8-4 (5) hold hearings. 8-5 (e) The board shall keep an information file about each 8-6 complaint that is filed with the board relating to a person or 8-7 entity regulated by the board. If a written complaint that the 8-8 board has authority to resolve is filed with the board, the board, 8-9 at least as frequently as quarterly and until the final disposition 8-10 of the complaint, shall notify the parties to the complaint of the 8-11 status of the complaint unless the notice would jeopardize an 8-12 undercover investigation. 8-13 (f) The board shall propose rules consistent with this Act 8-14 to carry out its duties in administering this Act and submit the 8-15 proposed rules to the attorney general for review. The board shall 8-16 adopt rules consistent with the advice of the attorney general. In 8-17 adopting rules, the board shall consider the applicable policies 8-18 and procedures of the department. 8-19 (g) The commissioner, with the advice of the board, shall 8-20 appoint an executive director to administer this Act. The board 8-21 may use personnel, facilities, furniture, equipment, and other 8-22 items supplied by the department to administer this Act. 8-23 (h) The executive director or the executive director's 8-24 designee shall develop an intra-agency career ladder program. The 8-25 program shall require intra-agency posting of all nonentry level 8-26 positions concurrently with any public posting. 8-27 (i) The executive director or the executive director's 9-1 designee shall develop a system of annual performance evaluations 9-2 based on measurable job tasks. All merit pay for board employees 9-3 shall be based on the system established under this subsection. 9-4 (j) The board shall prepare information of consumer interest 9-5 describing the regulatory functions of the board and legal rights 9-6 of consumers as provided by this Act. 9-7 (k) The board shall assist legal authorities in the 9-8 prosecution of any person violating this Act. 9-9 (l) The board shall prepare or approve continuing education 9-10 programs for license holders and shall adopt rules that require a 9-11 license holder to participate in an approved continuing education 9-12 program to renew a license issued under this Act. 9-13 (m) The board shall develop and implement policies that 9-14 clearly define the respective responsibilities of the governing 9-15 body of the board and the staff of the board. 9-16 Sec. 6. PUBLIC INFORMATION. (a) The board shall prepare 9-17 information of public interest describing the functions of the 9-18 board and describing the procedures by which complaints are filed 9-19 with and resolved by the board. The board shall make the 9-20 information available to the general public and appropriate state 9-21 agencies. 9-22 (b) The board by rule shall establish methods by which 9-23 consumers and service recipients are notified of the name, mailing 9-24 address, and telephone number of the board for the purpose of 9-25 directing complaints to the board. The board may provide for that 9-26 notification: 9-27 (1) on each registration form, application, or written 10-1 contract for services of an individual or entity regulated by the 10-2 board; 10-3 (2) on a sign prominently displayed in the place of 10-4 business of each individual or entity regulated by the board; or 10-5 (3) in a bill for service provided by an individual or 10-6 entity regulated by the board. 10-7 (c) The board shall list along with its regular telephone 10-8 number the toll-free telephone number that may be called to present 10-9 a complaint about a person regulated or required to be regulated 10-10 under this Act if the toll-free number is established under other 10-11 state law. 10-12 Sec. 7. PUBLIC PARTICIPATION IN BOARD MEETINGS. The board 10-13 shall develop and implement policies that provide the public with a 10-14 reasonable opportunity to appear before the board and to speak on 10-15 any issue under the jurisdiction of the board. 10-16 Sec. 8. PROGRAM ACCESSIBILITY. The board shall prepare and 10-17 maintain a written plan that describes how a person who does not 10-18 speak English can be provided reasonable access to the board's 10-19 programs. The board shall also comply with federal and state laws 10-20 for program and facility accessibility. 10-21 Sec. 9. TRAINING; STANDARDS OF CONDUCT INFORMATION. Each 10-22 board member shall comply with the board member training 10-23 requirements established by any other state agency that is given 10-24 authority to establish the requirements for the board. 10-25 Sec. 10. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE 10-26 REQUIREMENTS. The board is subject to Chapters 551 and 2001, 10-27 Government Code. 11-1 Sec. 11. ORGANIZATION OF BOARD. (a) The members of the 11-2 board shall elect from the membership of the board a presiding 11-3 officer, secretary, and other officers required for the conduct of 11-4 business. Special meetings of the board shall be called by the 11-5 presiding officer or on the written request of any three members. 11-6 The board may adopt rules necessary to govern its proceedings. 11-7 (b) The executive director shall keep a record of each 11-8 meeting of the board and maintain a register containing the names 11-9 of all persons holding a license under this Act. The record and 11-10 register shall be open at all times to public inspection. On March 11-11 1 of each year, the executive director shall send an official copy 11-12 of the register of license holders to the secretary of state for 11-13 permanent record. A certified copy of the register is admissible 11-14 as evidence in any court of this state. 11-15 Sec. 12. COMPENSATION. A member of the board is entitled to 11-16 compensation and reimbursement of the member's travel expenses as 11-17 provided by the General Appropriations Act. 11-18 Sec. 13. EFFECT OF LOBBYING ACTIVITY. A person may not 11-19 serve as a member of the board or act as the general counsel to the 11-20 board if the person is required to register as a lobbyist under 11-21 Chapter 305, Government Code, because of the person's activities 11-22 for compensation on behalf of a profession related to the operation 11-23 of the board. 11-24 Sec. 14. PUBLIC MEMBERSHIP RESTRICTION. A person is not 11-25 eligible for appointment by the governor as a public member of the 11-26 board if the person or person's spouse: 11-27 (1) is registered, certified, or licensed by an 12-1 occupational regulatory agency in the field of health care; 12-2 (2) is employed by or participates in the management 12-3 of a business entity or other organization regulated by the board 12-4 or receiving funds from the board; 12-5 (3) owns or controls, directly or indirectly, more 12-6 than a 10 percent interest in a business entity or other 12-7 organization regulated by the board or receiving funds from the 12-8 board; or 12-9 (4) uses or receives a substantial amount of tangible 12-10 goods, services, or funds from the board, other than compensation 12-11 or reimbursement authorized by law for board membership, 12-12 attendance, or expenses. 12-13 Sec. 15. CONFLICT OF INTEREST RESTRICTIONS. (a) An 12-14 officer, employee, or paid consultant of a Texas trade association 12-15 in the field of health care may not be a member or employee of the 12-16 board who is exempt from the state's position classification plan 12-17 or is compensated at or above the amount prescribed by the General 12-18 Appropriations Act for step 1, salary group 17, of the position 12-19 classification salary schedule. 12-20 (b) A person who is the spouse of an officer, manager, or 12-21 paid consultant of a Texas trade association in the field of health 12-22 care may not be a member of the board and may not be an employee of 12-23 the board who is exempt from the state's position classification 12-24 plan or is compensated at or above the amount prescribed by the 12-25 General Appropriations Act for step 1, salary group 17, of the 12-26 position classification salary schedule. 12-27 (c) For the purposes of this section, a Texas trade 13-1 association is a nonprofit, cooperative, and voluntarily joined 13-2 association of business or professional competitors in this state 13-3 designed to assist its members and its industry or profession in 13-4 dealing with mutual business or professional problems and in 13-5 promoting their common interest. 13-6 Sec. 16. AUDIT. The financial transactions of the board are 13-7 subject to audit by the state auditor in accordance with Chapter 13-8 321, Government Code. 13-9 Sec. 17. REPORT TO GOVERNOR AND LEGISLATURE. During January 13-10 of each year, the board shall file with the governor and the 13-11 presiding officer of each house of the legislature a complete and 13-12 detailed written report accounting for all funds received and 13-13 disbursed by the board during the preceding year. 13-14 Sec. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The 13-15 executive director or the executive director's designee shall 13-16 prepare and maintain a written policy statement to ensure 13-17 implementation of a program of equal employment opportunity under 13-18 which all personnel transactions are made without regard to race, 13-19 color, disability, sex, religion, age, or national origin. The 13-20 policy statement must include: 13-21 (1) personnel policies, including policies relating to 13-22 recruitment, evaluation, selection, application, training, and 13-23 promotion of personnel that are in compliance with Chapter 21, 13-24 Labor Code; 13-25 (2) a comprehensive analysis of the board workforce 13-26 that meets federal and state guidelines; 13-27 (3) procedures by which a determination can be made of 14-1 significant underutilization in the board workforce of all persons 14-2 for whom federal or state guidelines encourage a more equitable 14-3 balance; and 14-4 (4) reasonable methods to appropriately address those 14-5 areas of underutilization. 14-6 (b) A policy statement prepared under Subsection (a) of this 14-7 section must cover an annual period, be updated annually, be 14-8 reviewed by the Commission on Human Rights for compliance with 14-9 Subsection (a)(1) of this section, and be filed with the governor's 14-10 office. 14-11 (c) The governor's office shall deliver a biennial report to 14-12 the legislature based on the information received under Subsection 14-13 (b) of this section. The report may be made separately or as part 14-14 of other biennial reports to the legislature. 14-15 Sec. 19. NOTICE OF STANDARDS OF CONDUCT. The board shall 14-16 provide to its members and employees, as often as necessary, 14-17 information regarding their qualifications for office or employment 14-18 under this Act and their responsibilities under applicable laws 14-19 relating to standards of conduct for state officers or employees. 14-20 Sec. 20. APPROPRIATIONS TO TEXAS DEPARTMENT OF HEALTH. The 14-21 department shall receive and account for funds derived under this 14-22 Act. The department shall deposit all funds collected under this 14-23 Act to the credit of the general revenue fund. 14-24 Sec. 21. EXEMPTIONS. (a) This Act does not restrict a 14-25 license holder of another state agency from performing health care 14-26 services within the scope of the license holder's applicable 14-27 licensing act if: 15-1 (1) the license holder: 15-2 (A) does not represent to others that the 15-3 license holder practices the profession of orthotics or 15-4 prosthetics; or 15-5 (B) does not use the terms "prosthetist," 15-6 "prosthesis," "prosthetic," "artificial limb," "orthotist," 15-7 "orthosis," "orthotic," or "brace" or the letters "LP," "LPA," 15-8 "LO," "LOA," "LPO," or "LPOA" or any derivative of those terms or 15-9 letters in connection with the license holder's name or practice; 15-10 and 15-11 (2) the license holder practices in conformance with 15-12 the applicable laws and rules relating to the person's license and 15-13 does not violate Section 22 of this Act. 15-14 (b) This Act does not apply to the activities and services 15-15 of a person acting as a student in orthotics or prosthetics 15-16 pursuing a course of study in a prosthetic or orthotic program at a 15-17 college or university recognized and accredited by the Commission 15-18 on Accreditation of Allied Health Education Programs or an orthotic 15-19 or prosthetic educational program having educational standards that 15-20 are equivalent to or exceed the standards adopted by the Commission 15-21 on Accreditation of Allied Health Education Programs or is working 15-22 in a recognized training center or research facility if those 15-23 activities and services constitute a part of the person's course of 15-24 study in the discipline in which the person's supervisor is 15-25 licensed under this Act. 15-26 (c) This Act does not apply to a: 15-27 (1) podiatrist practicing under the law regulating 16-1 podiatry (Article 4567 et seq., Revised Statutes); or 16-2 (2) doctor of chiropractic practicing under the law 16-3 regulating chiropractic (Chapter 94, Acts of the 51st Legislature, 16-4 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil 16-5 Statutes)). 16-6 (d) This Act does not apply to a pedorthist certified by the 16-7 Board for Certification in Pedorthics. For the purposes of this 16-8 subsection, a certified pedorthist is a person certified by the 16-9 Board for Certification in Pedorthics, or its successor entity, in 16-10 the design, manufacture, fit, and modification of shoes and related 16-11 foot orthoses below the anatomical ankle joint as prescribed by a 16-12 licensed doctor of medicine or a doctor of podiatry for the 16-13 amelioration of a painful or disabling condition of the foot. 16-14 "Foot orthosis" includes prosthetic toe fillers or orthoses for use 16-15 below the ankle. 16-16 (e) This Act does not apply to a certified fitter or 16-17 certified master orthotist who holds a credential issued by the 16-18 National Community Pharmacists Association if the fitter or master 16-19 orthotist: 16-20 (1) is working within the person's scope of practice 16-21 as defined by the board; or 16-22 (2) provides the following services or devices 16-23 described by the Health Care Financing Administration's Common 16-24 Procedure Coding System: 16-25 (A) foam cervical collar; 16-26 (B) thermoplastic foam cervical collar; 16-27 (C) plastic cervical collar; 17-1 (D) rib belt; 17-2 (E) thoracic-lumbar support; 17-3 (F) lumbar-sacral support; 17-4 (G) sacroiliac support; 17-5 (H) ptosis support; 17-6 (I) pendulous abdomen support; 17-7 (J) torso support; 17-8 (K) knee orthosis; 17-9 (L) knee orthosis with stays; 17-10 (M) knee orthosis with joints; 17-11 (N) knee orthosis with condylar pads; 17-12 (O) knee orthosis with joints and condylar pads; 17-13 (P) knee immobilizer; 17-14 (Q) multiligamentus ankle support; 17-15 (R) figure eight shoulder restrainer; 17-16 (S) acromioclavicular support; 17-17 (T) elbow orthosis with stays; 17-18 (U) elbow orthosis with joints; 17-19 (V) wrist splint; 17-20 (W) pneumatic ankle splint; 17-21 (X) pneumatic walking splint; 17-22 (Y) pneumatic full leg splint; 17-23 (Z) pneumatic knee splint; 17-24 (AA) mastectomy bra; 17-25 (BB) mastectomy sleeve; 17-26 (CC) mastectomy form; 17-27 (DD) silicone breast prosthesis; 18-1 (EE) medium weight calf-length stocking; 18-2 (FF) heavy weight calf-length stocking; 18-3 (GG) surgical weight calf-length stocking; 18-4 (HH) medium weight thigh-length stocking; 18-5 (II) heavy weight thigh-length stocking; 18-6 (JJ) surgical weight thigh-length stocking; 18-7 (KK) medium weight full-length stocking; 18-8 (LL) heavy weight full-length stocking; 18-9 (MM) surgical weight full-length stocking; 18-10 (NN) medium weight leotard; 18-11 (OO) surgical weight leotard; 18-12 (PP) custom made compression stocking; 18-13 (QQ) lymphedema sleeve; 18-14 (RR) garter belt; 18-15 (SS) single truss with standard pad; 18-16 (TT) double truss with standard pad; 18-17 (UU) water pad addition to truss; and 18-18 (VV) scrotal pad addition to truss. 18-19 Sec. 22. PROHIBITED ACTS. (a) A person may not practice, 18-20 attempt to practice, or offer to practice prosthetics or orthotics, 18-21 act as an assistant to a person who practices prosthetics or 18-22 orthotics, or in any way hold the person out as being able to 18-23 practice prosthetics or orthotics unless the person holds a license 18-24 issued by the board under this Act. 18-25 (b) A person or the person's employees, agents, or 18-26 representatives may not use in connection with the person's name or 18-27 business activities the terms or a combination of the terms or 19-1 letters described in Section 21(a)(1), indicate orally or in 19-2 writing, directly or by implication, that a prosthetic or orthotic 19-3 service is provided or supplied, or extend or provide prosthetic or 19-4 orthotic services unless the person is a prosthetist or orthotist 19-5 or an assistant to a prosthetist or orthotist licensed under this 19-6 Act. 19-7 (c) A person licensed under this Act violates this Act if 19-8 the person violates Section 161.091, Health and Safety Code. 19-9 Sec. 23. PROSTHETIST AND ORTHOTIST LICENSE REQUIREMENTS. 19-10 (a) To obtain a license to practice prosthetics or orthotics in 19-11 this state, an individual must file a written application with the 19-12 board on the form provided by the board, pay the nonrefundable 19-13 application fee prescribed by the board, and: 19-14 (1) be a resident of this state; 19-15 (2) have completed the formal training, including the 19-16 required hours of classroom education and clinical practice, in an 19-17 area of study the board by rule determines to be necessary and 19-18 appropriate; 19-19 (3) have completed a clinical residency in the 19-20 professional area for which licensure is sought that complies with 19-21 the standards, guidelines, or procedures established by the board 19-22 for a clinical residency offered in this state or in another state; 19-23 and 19-24 (4) have passed all written and practical examinations 19-25 approved and required by the board. 19-26 (b) The requirements for a license established by board rule 19-27 must include: 20-1 (1) either: 20-2 (A) a bachelor's degree in orthotics and 20-3 prosthetics from a college or university 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; or 20-9 (B) a bachelor's degree and a prosthetic or 20-10 orthotic certificate from a practitioner educational program 20-11 recognized and accredited by the Commission on Accreditation of 20-12 Allied Health Education Programs or from a practitioner educational 20-13 program having educational standards that are equivalent to or 20-14 exceed the standards adopted by the Commission on Accreditation of 20-15 Allied Health Education Programs; and 20-16 (2) not less than 1,900 hours of professional clinical 20-17 residency completed under the direct supervision of a licensed 20-18 orthotist, licensed prosthetist, or a licensed prosthetist 20-19 orthotist in the discipline for which licensure is sought. 20-20 (c) A person may apply for an exemption from the license 20-21 requirements adopted by the board under this section if the person 20-22 applies not later than the 181st day after the date the board's 20-23 initial rules under this Act are finally adopted and published and 20-24 the person: 20-25 (1) is a resident of this state; and 20-26 (2) preceding the date of the application: 20-27 (A) provided comprehensive orthotic or 21-1 prosthetic care for not less than three years; or 21-2 (B) provided comprehensive orthotic and 21-3 prosthetic care for not less than six years including practicing 21-4 orthotics or prosthetics in this state for the one year period 21-5 preceding the application date. 21-6 (d) A person may apply for an exemption from the license 21-7 requirements adopted by the board under this section if the person 21-8 is a resident of this state who presents evidence to the board that 21-9 the person possesses unique qualifications to practice orthotics or 21-10 prosthetics. 21-11 (e) A person who has provided comprehensive orthotic, 21-12 prosthetic, or orthotic and prosthetic care in this state for less 21-13 than the three years required by Subsection (c) of this section may 21-14 obtain a license to practice in this state by completing and 21-15 passing all written and practical examinations approved and 21-16 required by the board. 21-17 (f) The board shall issue a license to a person who is 21-18 determined to be exempt from the license requirements under 21-19 Subsection (c) of this section or who obtains a license under 21-20 Subsection (d) of this section. Such a license holder is entitled 21-21 to the same license privileges as if the person met the educational 21-22 and vocational requirements under Subsection (a) or (b) of this 21-23 section. The person is subject to the license renewal requirements 21-24 adopted by the board, except for the academic, clinical training, 21-25 and examination requirements, which may not be imposed as a 21-26 condition of the person's license. 21-27 Sec. 24. PROSTHETIST OR ORTHOTIST ASSISTANT LICENSE. 22-1 (a) An applicant for a license as a prosthetist assistant or 22-2 orthotist assistant must file a written application with the board 22-3 on a form provided by the board and pay the nonrefundable 22-4 application fee prescribed by the board. 22-5 (b) An applicant under this section must present evidence 22-6 satisfactory to the board that the applicant has completed an 22-7 educational program, including courses in the anatomical, 22-8 biological, and physical sciences, and clinical residency as 22-9 prescribed and adopted by the board. 22-10 (c) An assistant licensed under this section may provide 22-11 only ancillary patient care services, as defined by the board, in 22-12 the discipline in which the assistant's supervisor is licensed 22-13 under this Act. 22-14 (d) A person may apply for an exemption from the license 22-15 requirements adopted by the board under this section if the person 22-16 applies not later than the 181st day after the date the board's 22-17 initial rules under this Act are finally adopted and published and 22-18 if the person is a resident of this state who has practiced within 22-19 the scope of practice of an assistant, as defined by the board, for 22-20 five consecutive years in this state. 22-21 Sec. 25. PROSTHETIC OR ORTHOTIC TECHNICIAN REGISTRATION. 22-22 (a) An applicant for registration as a registered prosthetic 22-23 technician or registered orthotic technician must file a written 22-24 application with the board on a form provided by the board and pay 22-25 the nonrefundable application fee prescribed by the board. 22-26 (b) An applicant under this section must present evidence 22-27 satisfactory to the board that the applicant has completed an 23-1 educational program and laboratory experience as prescribed and 23-2 adopted by the board. 23-3 (c) A person may apply for an exemption from the 23-4 registration requirements adopted by the board under this section 23-5 if the person applies not later than the 181st day after the date 23-6 the board's initial rules under this Act are finally adopted and 23-7 published and if the person is a resident of this state who has 23-8 practiced as an orthotic or prosthetic technician for five 23-9 consecutive years in this state. 23-10 Sec. 26. ACCREDITATION OF FACILITIES. (a) The board by 23-11 rule shall adopt requirements for the accreditation and the renewal 23-12 of an accreditation of an orthotic or prosthetic facility in which 23-13 the profession and practice of orthotics or prosthetics is 23-14 conducted. 23-15 (b) If one or more facilities are owned by a person, the 23-16 board may require only one application for the accreditation of all 23-17 the person's facilities. Each orthotic or prosthetic facility must 23-18 meet the requirements prescribed by the board. 23-19 (c) An orthotic or prosthetic facility must be under the 23-20 on-site direction of an orthotist or prosthetist licensed by the 23-21 board in the discipline for which accreditation is sought. 23-22 (d) The rules adopted under this section may not prohibit a 23-23 licensed individual from practicing in an orthotic or prosthetic 23-24 facility within the scope of the individual's license. 23-25 (e) This section does not apply to a facility licensed under 23-26 Subtitle B, Title 4, Health and Safety Code. 23-27 Sec. 27. ISSUANCE OF LICENSE. (a) The board shall issue a 24-1 license in prosthetics or orthotics to an applicant who meets the 24-2 qualifications established under this Act and the requirements 24-3 adopted by the board as provided by this Act. A license is valid 24-4 for two years from the date issued and may be renewed before 24-5 expiration. 24-6 (b) The board may issue a license or registration under this 24-7 Act only to an individual. The board may issue an accreditation 24-8 only to an orthotic or prosthetic facility. 24-9 (c) A license may be granted in either orthotics or 24-10 prosthetics, or in both, if the person meets the requirements 24-11 established by the board. 24-12 Sec. 28. PROVISIONAL LICENSE. (a) A person practicing 24-13 comprehensive prosthetic or orthotic patient management who does 24-14 not meet the requirements of this Act for licensing as a 24-15 prosthetist or orthotist by October 1, 1998, and is not exempt 24-16 under this Act, must comply with the requirements of Sections 23(a) 24-17 and (b) of this Act on or before January 1, 2005. 24-18 (b) A person subject to this section may apply for a 24-19 prosthetist or orthotist provisional license by filing a written 24-20 application with the board on a form provided by the board and 24-21 paying a nonrefundable application fee prescribed by the board. 24-22 (c) A provisional license may only be issued to an 24-23 individual who is actively engaged in complying with the 24-24 educational and clinical licensing requirements of Subsection (e) 24-25 of this section or Sections 23(a) and (b) of this Act. 24-26 (d) A provisional license may be revoked by the board if the 24-27 board determines that the provisional license holder is not in 25-1 compliance with this section. 25-2 (e) The board rules providing educational and clinical 25-3 training requirements for a provisional license must include: 25-4 (1) an associate degree in applied health sciences, 25-5 including course work in the anatomical, biological, and physical 25-6 sciences; and 25-7 (2) not less than 4,500 hours of postgraduate clinical 25-8 residency completed under the direct supervision of a licensed 25-9 orthotist or a licensed prosthetist in the discipline for which a 25-10 provisional license is sought. 25-11 (f) A provisional license is valid for two years from the 25-12 date issued and may be renewed with documentation as required by 25-13 board rule. 25-14 (g) This section expires January 1, 2006. 25-15 Sec. 29. TEMPORARY LICENSE. (a) The board may issue a 25-16 temporary license to an individual who: 25-17 (1) has recently become a resident of this state; 25-18 (2) has applied for licensing as an orthotist, 25-19 prosthetist, or both; and 25-20 (3) has: 25-21 (A) practiced the profession of orthotics 25-22 regularly since January 1, 1996; or 25-23 (B) been licensed by the state in which the 25-24 person formerly resided that has licensing requirements that are 25-25 equal to or exceed the requirements of this Act. 25-26 (b) A temporary license is valid for one year from the date 25-27 issued. A temporary license may be renewed for not more than one 26-1 additional year if the applicant presents to the board sufficient 26-2 evidence of good cause for renewal. 26-3 Sec. 30. STUDENT REGISTRATION. (a) The board may issue a 26-4 student registration certificate to an individual who: 26-5 (1) holds either: 26-6 (A) a bachelor's degree in orthotics and 26-7 prosthetics conferred by a college or university recognized and 26-8 accredited by the Commission on Accreditation of Allied Health 26-9 Education Programs or from a practitioner educational program 26-10 having educational standards that are equivalent to or exceed the 26-11 standards adopted by the Commission on Accreditation of Allied 26-12 Health Education Programs; or 26-13 (B) a bachelor's degree and an orthotic or 26-14 prosthetic certificate from a practitioner educational program 26-15 recognized and accredited by the Commission on Accreditation of 26-16 Allied Health Education Programs or from a practitioner educational 26-17 program having educational standards that are equivalent to or 26-18 exceed the standards adopted by the Commission on Accreditation of 26-19 Allied Health Education Programs; and 26-20 (2) is working toward fulfillment of the requirements 26-21 for licensing as a prosthetist, orthotist, or prosthetist 26-22 orthotist. 26-23 (b) A student registrant may work only under the direct 26-24 supervision of a licensed orthotist, licensed prosthetist, or 26-25 licensed prosthetist orthotist who is responsible for the acts of 26-26 the student registrant and is licensed in the discipline of the 26-27 clinical residency. 27-1 (c) A student registration certificate is valid for two 27-2 years from the date issued and may be renewed once for an 27-3 additional two years. 27-4 Sec. 31. EXAMINATION EXEMPTION. The board may accept as a 27-5 substitute for the examination requirement proof that the applicant 27-6 for the exemption holds a current license in a state that has 27-7 licensing requirements that are equal to or exceed the requirements 27-8 of this Act. 27-9 Sec. 32. CONTINUING EDUCATION. (a) An applicant for 27-10 renewal of a license shall submit to the board evidence of 27-11 satisfactory completion of the continuing education requirements 27-12 required by the board. 27-13 (b) The board shall notify each license holder of the 27-14 holder's failure to comply with the board's continuing education 27-15 requirements and shall notify the license holder that if the holder 27-16 does not obtain the required continuing education before the 27-17 expiration of three months after the date the notice was given, the 27-18 board may take any action authorized by this Act concerning the 27-19 suspension or revocation of the holder's license. 27-20 Sec. 33. DISCIPLINARY PROVISIONS. (a) After notice and 27-21 opportunity for a hearing, the board may revoke, suspend, or refuse 27-22 to renew a license issued under this Act on a finding that: 27-23 (1) the license was obtained by fraud, 27-24 misrepresentation, or concealment of a material fact; 27-25 (2) the person engaged in fraud or deceit in 27-26 connection with services provided by the person; 27-27 (3) the person engaged in unprofessional or unethical 28-1 conduct; 28-2 (4) the person engaged in gross negligence or 28-3 malpractice; or 28-4 (5) the person violated this Act or a rule adopted 28-5 under this Act. 28-6 (b) A license revoked under Subsection (a) of this section 28-7 may be reinstated after the first anniversary of the date of the 28-8 revocation by the board on terms the board determines to be 28-9 necessary. 28-10 Sec. 34. CIVIL PENALTY. (a) A person who violates this Act 28-11 is subject to a civil penalty of $200 for the first violation and 28-12 $500 for each subsequent violation. At the request of the board, 28-13 the attorney general shall bring an action in the name of the state 28-14 to collect a civil penalty under this section. 28-15 (b) Each day a violation of Section 22 of this Act continues 28-16 is a separate violation for the purpose of this section. 28-17 SECTION 2. (a) In making the initial appointments to the 28-18 Texas Board of Orthotics and Prosthetics, the governor shall, not 28-19 later than October 1, 1997, appoint: 28-20 (1) two members for terms expiring February 1, 1999; 28-21 (2) two members for terms expiring February 1, 2001; 28-22 and 28-23 (3) two members for terms expiring February 1, 2003. 28-24 (b) The initial members of the board appointed under 28-25 Subsection (a) of this section shall have the qualifications 28-26 required by this subsection. One member must be an orthotist 28-27 certified by the American Board for Certification in Orthotics and 29-1 Prosthetics, Inc., be a resident of this state, and have practiced 29-2 orthotics for the five years preceding the date of appointment. 29-3 Two members must be orthotists who hold a credential issued by the 29-4 Board for Orthotist Certification, are residents of this state, and 29-5 have practiced orthotics for the five years preceding the date of 29-6 appointment. One member must be a prosthetist orthotist or 29-7 prosthetist certified by the American Board for Certification in 29-8 Orthotics and Prosthetics, Inc., be a resident of this state, and 29-9 have practiced prosthetics or orthotics for the five years 29-10 preceding the date of appointment. One member must be a 29-11 representative of the public who uses an orthosis. One member must 29-12 be a representative of the public who uses a prosthesis. 29-13 (c) A member appointed under this section to a place on the 29-14 board required to be held by a person licensed under Article 8920, 29-15 Revised Statutes, as added by this Act, may continue to serve 29-16 without having the appropriate license until February 1, 1999, by 29-17 which date the person must obtain the required license. 29-18 (d) The board shall adopt rules under Article 8920, Revised 29-19 Statutes, as added by this Act, not later than October 1, 1998. 29-20 SECTION 3. (a) Except as provided by Subsection (b) of this 29-21 section, this Act takes effect September 1, 1997. 29-22 (b) Sections 22 and 34, Article 8920, Revised Statutes, as 29-23 added by this Act, take effect October 1, 1998. 29-24 SECTION 4. The importance of this legislation and the 29-25 crowded condition of the calendars in both houses create an 29-26 emergency and an imperative public necessity that the 29-27 constitutional rule requiring bills to be read on three several 30-1 days in each house be suspended, and this rule is hereby suspended.