By Janek                                               H.B. No. 867
         76R3000 MXM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of occupational therapists; providing
 1-3     for administrative penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.   Sections 3(a) and (b), Occupational Therapy
 1-6     Practice Act (Article 8851, Vernon's Texas Civil Statutes), are
 1-7     amended to read as follows:
 1-8           (a)  The [A] Texas Board of Occupational Therapy Examiners
 1-9     shall consist of nine [six] members appointed by the governor with
1-10     the advice and consent of the senate for staggered terms of six
1-11     years.  Appointments to the board shall be made without regard to
1-12     the race, creed, sex, religion, or national origin of the
1-13     appointees.  Members of the board are appointed for staggered terms
1-14     of six years, with three [two] members' terms expiring on February
1-15     1 of each odd-numbered year.
1-16           (b)  Four [Three] members of the board must be occupational
1-17     therapists, be residents of this state, and have practiced
1-18     occupational therapy for at least three years immediately preceding
1-19     appointment.  Two members [One member] of the board must be [an]
1-20     occupational therapy assistants [assistant], be residents [a
1-21     resident] of this state, and have practiced as an occupational
1-22     therapy assistant for at least three years immediately preceding
1-23     appointment.  All six [four] of these members of the board must be
1-24     licensed under this Act, and the terms of two of the six end on
 2-1     February 1 of each odd-numbered year.  Three [Two] members of the
 2-2     board must be public members who are not occupational therapists,
 2-3     and the term of one public member ends on February 1 of each
 2-4     odd-numbered year.
 2-5           SECTION 2.  Section 3A(b), Occupational Therapy Practice Act
 2-6     (Article 8851, Vernon's Texas Civil Statutes), is amended to read
 2-7     as follows:
 2-8           (b)  A member of the board is entitled to a per diem as set
 2-9     by the General Appropriations Act for each day that the member
2-10     engages in the business of the board.  A member may also [not]
2-11     receive [any] reimbursement for [travel expenses, including
2-12     expenses for] meals, [and] lodging, and [other than] transportation
2-13     expenses as provided by the General Appropriations Act.
2-14           SECTION 3.  Section 5C, Occupational Therapy Practice Act
2-15     (Article 8851, Vernon's Texas Civil Statutes), is amended by adding
2-16     Subsections (d) and (e) to read as follows:
2-17           (d)  The board may request or compel by subpoena:
2-18                 (1)  the attendance of a witness for examination under
2-19     oath; and
2-20                 (2)  the production of records, documents, and other
2-21     evidence relevant to the investigation of an alleged violation of
2-22     this Act for inspection and copying.
2-23           (e)  If a person fails to comply with a subpoena issued under
2-24     this section, the board, acting through the attorney general, may
2-25     bring an action to enforce the subpoena in a district court in
2-26     Travis County or in a county in which a hearing conducted by the
2-27     board may be held.  If the court determines that good cause exists
 3-1     for the subpoena, the court shall order compliance.  The court may
 3-2     punish as contempt a person who does not obey the order.
 3-3           SECTION 4.  Section 18(a), Occupational Therapy Practice Act
 3-4     (Article 8851, Vernon's Texas Civil Statutes), is amended to read
 3-5     as follows:
 3-6           (a)  On application, the board shall grant a provisional
 3-7     license for the practice of occupational therapy.  An applicant for
 3-8     a provisional license under this section must:
 3-9                 (1)  be licensed in good standing as an occupational
3-10     therapist or occupational therapy assistant in another state, the
3-11     District of Columbia, or a territory of the United States that has
3-12     licensing requirements that are substantially equivalent to the
3-13     requirements of this Act; and
3-14                 (2)  have passed a national or other examination
3-15     recognized by the board relating to the practice of occupational
3-16     therapy[; and]
3-17                 [(3)  be sponsored by a person licensed by the board
3-18     under this Act with whom the provisional licensee may practice
3-19     under this section].
3-20           SECTION 5.  Section 29, Occupational Therapy Practice Act
3-21     (Article 8851, Vernon's Texas Civil Statutes), is amended by
3-22     amending the heading to read as follows:
3-23           Sec. 29.  CRIMINAL PENALTY; CIVIL PENALTY; INJUNCTION
3-24     [PENALTIES].
3-25           SECTION 6.  The Occupational Therapy Practice Act (Article
3-26     8851, Vernon's Texas Civil Statutes) is amended by adding Section
3-27     29A to read as follows:
 4-1           Sec. 29A.  ADMINISTRATIVE PENALTY.  (a)  The board may impose
 4-2     an administrative penalty against a person licensed or registered
 4-3     under this Act who violates this Act or a rule or order adopted
 4-4     under this Act.
 4-5           (b)  The penalty may not exceed $200, and each day a
 4-6     violation continues or occurs is a separate violation for the
 4-7     purpose of imposing a penalty.  The amount of the penalty shall be
 4-8     based on:
 4-9                 (1)  the seriousness of the violation, including the
4-10     nature, circumstances, extent, and gravity of any prohibited acts,
4-11     and the hazard or potential hazard created to the health, safety,
4-12     or economic welfare of the public;
4-13                 (2)  the history of previous violations;
4-14                 (3)  the amount necessary to deter a future violation;
4-15                 (4)  efforts to correct the violation; and
4-16                 (5)  any other matter that justice requires.
4-17           (c)  The person may stay enforcement during the time the
4-18     order is under judicial review if the person pays the penalty to
4-19     the court clerk or files a supersedeas bond with the court in the
4-20     amount of the penalty.  A person who cannot afford to pay the
4-21     penalty or file the bond may stay enforcement by filing an
4-22     affidavit like that required by the Texas Rules of Civil Procedure
4-23     for a party who cannot afford to file security for costs, except
4-24     that the board may contest the affidavit as provided by those
4-25     rules.
4-26           (d)  A proceeding to impose an administrative  penalty is
4-27     subject to Chapter 2001, Government Code.
 5-1           SECTION 7.   The Occupational Therapy Practice Act (Article
 5-2     8851, Vernon's Texas Civil Statutes) is amended by adding Section
 5-3     30A, to read as follows:
 5-4           Sec. 30A.  EMERGENCY SUSPENSION.  (a)  The board may
 5-5     temporarily suspend a license issued under this Act on an emergency
 5-6     basis if the board  determines that the continued practice by the
 5-7     license holder constitutes a continuing or imminent threat to the
 5-8     public health or welfare.
 5-9           (b)  A temporary suspension under this section requires a
5-10     two-thirds vote by the board.
5-11           (c)  A license temporarily suspended under this section may
5-12     be suspended without notice or hearing if, at the time the
5-13     suspension is ordered, a hearing on whether to institute a
5-14     disciplinary proceeding against the license holder is scheduled to
5-15     be held not later than the 14th day after the date of the temporary
5-16     suspension.  A second hearing on the suspended license must be held
5-17     not later than the 60th day after the date the temporary suspension
5-18     was ordered.  If the second hearing is not held within the required
5-19     time, the suspended license is automatically reinstated.
5-20           (d)  The board shall adopt rules that establish procedures
5-21     and standards for the temporary suspension of a license under this
5-22     section.
5-23           SECTION 8.  In appointing three new members to the Texas
5-24     Board of Occupational Therapy Examiners as required by Section 3,
5-25     Occupational Therapy Practice Act (Article 8851, Vernon's Texas
5-26     Civil Statutes), as amended by this Act, the governor shall
5-27     appoint:
 6-1                 (1)  one person who is an occupational therapist for a
 6-2     term expiring on February 1, 2001;
 6-3                 (2)  one person who is a public member for a term
 6-4     expiring on February 1, 2003; and
 6-5                 (3)  one person who is an occupational therapy
 6-6     assistant for a term expiring on February 1, 2005.
 6-7           SECTION 9.  (a)  This Act takes effect September 1, 1999.
 6-8           (b)  Section 3A(b), Occupational Therapy Practice Act
 6-9     (Article 8851,  Vernon's Texas Civil Statutes), as amended by this
6-10     Act, does not apply to a meal or lodging  expense incurred before
6-11     the effective date of this Act.  That expense is governed by the
6-12     law in effect at the time the expense was incurred, and the former
6-13     law is continued in effect for that purpose.
6-14           SECTION 10.  The importance of this legislation and the
6-15     crowded condition of the calendars in both houses create an
6-16     emergency and an imperative public necessity that the
6-17     constitutional rule requiring bills to be read on three several
6-18     days in each house be suspended, and this rule is hereby suspended.
6-19                          COMMITTEE AMENDMENT NO. 1
6-20           Amend H.B. 867 on page 4, line 2, by inserting between "or"
6-21     and "registered" the word "facility".
6-22                                                                   Glaze