By Brown S.B. No. 1349
75R8085 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of physical therapy;
1-3 providing administrative penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2A, Chapter 836, Acts of the 62nd
1-6 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 2A. COMPENSATION. A member of the board is entitled to
1-9 a per diem as set by the General Appropriations Act for each day
1-10 that the member engages in the business of the board. A member may
1-11 [not] receive [any] reimbursement for [travel expenses, including
1-12 expenses for] meals, [and] lodging, and [other than] transportation
1-13 expenses as provided by the General Appropriations Act.
1-14 SECTION 2. Chapter 836, Acts of the 62nd Legislature,
1-15 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
1-16 Statutes), is amended by adding Section 18A to read as follows:
1-17 Sec. 18A. ADMINISTRATIVE PENALTY. (a) The board may impose
1-18 an administrative penalty against a person licensed or regulated
1-19 under this Act or a facility registered under this Act that
1-20 violates this Act or a rule or order adopted under this Act.
1-21 (b) The penalty for a violation may be in an amount not to
1-22 exceed $200. Each day a violation continues or occurs is a
1-23 separate violation for purposes of imposing a penalty.
1-24 (c) The amount of the penalty shall be based on:
2-1 (1) the seriousness of the violation, including the
2-2 nature, circumstances, extent, and gravity of any prohibited acts,
2-3 and the hazard or potential hazard created to the health, safety,
2-4 or economic welfare of the public;
2-5 (2) the history of previous violations;
2-6 (3) the amount necessary to deter future violations;
2-7 (4) efforts to correct the violation; and
2-8 (5) any other matter that justice may require.
2-9 (d) The board shall adopt rules that establish procedures
2-10 for assessing an administrative penalty and that provide for notice
2-11 and a hearing for a license holder or facility administrator that
2-12 may be subject to a penalty under this section.
2-13 (e) All proceedings under this section are subject to
2-14 Chapter 2001, Government Code.
2-15 SECTION 3. Section 19(a)(1), Chapter 836, Acts of the 62nd
2-16 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
2-17 Civil Statutes), is amended to read as follows:
2-18 (a)(1) A license may be denied, or after hearing, suspended
2-19 or revoked, or a licensee otherwise disciplined if the applicant or
2-20 licensee has:
2-21 (A) provided physical therapy treatment to a
2-22 person, except as provided by Subdivision (2) of this subsection,
2-23 without the referral from a physician licensed to practice medicine
2-24 by a state Board of Medical Examiners, or by a dentist licensed by
2-25 a state Board of Dental Examiners, or a doctor licensed to practice
2-26 chiropractic by a state Board of Chiropractic Examiners or a
2-27 podiatrist licensed by a state Board of Podiatric Medical
3-1 Examiners, or by any other qualified, licensed health-care
3-2 professional who within the scope of the professional licensure is
3-3 authorized to refer for health care services. The professional
3-4 taking an action under this subdivision is a referring
3-5 practitioner;
3-6 (B) in the case of a physical therapist
3-7 assistant, treated a person other than under the direction of a
3-8 licensed physical therapist;
3-9 (C) used drugs or intoxicating liquors to an
3-10 extent that affects the licensee's or applicant's professional
3-11 competence;
3-12 (D) been convicted of a felony in this state or
3-13 in any other state, territory, or nation; conviction as used in
3-14 this subdivision includes a finding or verdict of guilty, an
3-15 admission of guilt, or a plea of nolo contendere;
3-16 (E) obtained or attempted to obtain a license by
3-17 fraud or deception;
3-18 (F) been grossly negligent in the practice of
3-19 physical therapy or in acting as a physical therapist assistant;
3-20 (G) been adjudged mentally incompetent by a
3-21 court of competent jurisdiction;
3-22 (H) practiced physical therapy in a manner
3-23 detrimental to the public health and welfare; or
3-24 (I) had the licensee's or applicant's license to
3-25 practice physical therapy revoked or suspended or had other
3-26 disciplinary action taken against the licensee or applicant or had
3-27 the licensee's or applicant's application for a license refused,
4-1 revoked, or suspended by the proper licensing authority of another
4-2 state, territory, or nation.
4-3 SECTION 4. Chapter 836, Acts of the 62nd Legislature,
4-4 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
4-5 Statutes), is amended by adding Section 20B to read as follows:
4-6 Sec. 20B. EMERGENCY SUSPENSION. (a) The board may
4-7 temporarily suspend a license issued under this Act on an emergency
4-8 basis if the board determines from the evidence or information
4-9 presented to the board that the continued practice by the license
4-10 holder constitutes a continuing or imminent threat to the public
4-11 health or welfare.
4-12 (b) A temporary suspension under this section requires a
4-13 two-thirds vote by the board.
4-14 (c) A license temporarily suspended under this section may
4-15 be suspended without notice or a hearing if, at the time the
4-16 suspension is ordered, a hearing on whether to institute
4-17 disciplinary proceedings against the license holder is scheduled to
4-18 be held not later than the 14th day after the date of the temporary
4-19 suspension. A second hearing on the suspended license shall be
4-20 held not later than the 60th day after the date the temporary
4-21 suspension was ordered. If the second hearing is not held within
4-22 the required time, the suspended license is automatically
4-23 reinstated.
4-24 (d) The board shall adopt rules that establish procedures
4-25 and standards for the temporary suspension of a license under this
4-26 section.
4-27 SECTION 5. This Act takes effect September 1, 1997.
5-1 SECTION 6. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.