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.