SRC-ARR S.B. 310 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 310
76R3000 MXM-FBy: Cain
Health Services
2/28/1999
As Filed


DIGEST 

Currently, Texas law consolidates the Texas Board of Occupational Therapy
Examiners (TBOTE) and the Texas Board of Physical Therapy Examiners
(TBPTE), but the licensing and regulatory responsibilities were left under
the respective boards. TBOTE members have expressed concern about the size
of the board, lack of authority for certain administrative functions, and
lack of a variety of enforcement tools. S.B. 310 would expand TBOTE,
authorize more authority for certain administrative functions, and increase
the variety of enforcement tools. 
 
PURPOSE

As proposed, S.B. 310 regulates occupational therapists, and provides for
administrative penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Occupational Therapy
in SECTION 7(Sec.30A(d), Article 8851, V.T.C.S.). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 3(a) and (b), Article 88851,
V.T.C.S.(Occupational Therapy Practice Act), to require the Texas Board of
Occupational Therapy (board) to consist of nine, rather than six members.
Provides that the board members are appointed for staggered terms of six
years with three, rather than two members' terms expiring on February 1 of
each odd-number year.  Requires four, rather than three, members of the
board to be occupational therapists. Requires two, rather than one member
of the board to be occupational therapy assistants, and be residents of the
state. Requires all six, rather than four, of these members of the board be
licensed under this Act, and the terms of two of the six end on February 1
of each odd-number year. Requires three, rather than two, members of the
board be public members who are not occupational therapists, and the term
of one public member ends on February 1 of each odd-number year. 

SECTION 2. Amends Section 3A(b), Article 8851, V.T.C.S. to  require, rather
than prohibit, a member to receive reimbursement for meals, lodging, and
transportation expenses, rather than travel expenses, as provided by the
General Appropriations Act. 

SECTION 3. Amends Section 5C, Article 8851, V.T.C.S., to authorize the
board to request or compel certain persons or items by subpoena.
Authorizes the board to bring an action to enforce the subpoena in a Travis
County district court in a county in which a hearing conducted by the board
is authorized to be held, if a person fails to comply with a subpoena.
Requires the court to order compliance, if the court determines that good
cause exists for the subpoena. Authorizes the court to punish as contempt a
person who does not obey the order.   

SECTION 4. Amends Section 18(a), Article 8851, V.T.C.S., to delete the
provision requiring sponsorship by a person licensed by the board under
this Act with whom the provisional licensee may practice under this
section. 

SECTION 5. Amends Section 29 Article 8851, V.T.C.S., as follows:

 Sec. 29. New heading: CRIMINAL PENALTY; CIVIL PENALTY; INJUNCTION
 
SECTION 6. Amends Article 8851, V.T.C.S. by adding Section 29A, as follows:

Sec. 29A. ADMINISTRATIVE PENALTY. Authorizes the board to impose an
administrative penalty against a person licensed or registered under this
Act who violates this Act.  Prohibits the penalty from exceeding $200. Sets
forth certain conditions on which a penalty is based. Authorizes a person
to stay enforcement during the time the order is under judicial review if
the person pays the penalty to the court or files a supersedeas bond with
the court in the amount of the penalty.  Requires a person who cannot
afford to pay the penalty or file the bond to stay enforcement by filing an
affidavit, except that the board may contest the affidavit.  Provides that
a proceeding to impose an administrative penalty is subject to Chapter
2001, Government Code.  

SECTION 7. Amends Article 8851, V.T.C.S., by adding Section 30A, as follows:

Sec. 30A. EMERGENCY SUSPENSION. Requires the board to temporarily suspend a
license issued under this Act on an emergency basis if the board determines
that the continued practice by the license holder constitutes a continuing
or imminent threat to the public health or welfare.  Provides that a
temporary suspension under this section requires a two-thirds vote by the
board. Authorizes a license temporarily suspended under this section to be
suspended without notice or hearing if, at the time the suspension is
ordered, a hearing on whether to institute a disciplinary proceeding is
scheduled to be held not later than a certain date. Requires a second
hearing to be held not later than a certain date. Provides that the
suspended licensed is automatically reinstated, if the second hearing is
not held within the required time. Required the board to adopt rules
establishing procedures and standards for the temporary suspension of a
license. 

SECTION 8. Sets forth the dates on which the terms of the board members
appointed by the governor will expire. 

SECTION 9. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 10. Emergency clause.