By McCall, Gray, Bosse H.B. No. 2085
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Board of
1-3 Health and Texas Department of Health, including the operation of
1-4 certain boards and councils administratively attached to the
1-5 department; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. GENERAL OPERATIONS AND ADMINISTRATION OF THE TEXAS
1-8 BOARD AND DEPARTMENT OF HEALTH
1-9 SECTION 1.01. Section 2003.021, Government Code, is amended
1-10 by adding Subsection (e) to read as follows:
1-11 (e) The office shall conduct all hearings in contested cases
1-12 under Chapter 2001 that are before the commissioner of public
1-13 health or the Texas Board of Health or Texas Department of Health.
1-14 SECTION 1.02. Section 11.003, Health and Safety Code, is
1-15 amended to read as follows:
1-16 Sec. 11.003. Sunset Provision. The Texas Board of Health
1-17 and the Texas Department of Health are subject to Chapter 325,
1-18 Government Code (Texas Sunset Act). Unless continued in existence
1-19 as provided by that chapter, the board and the department are
1-20 abolished and this chapter expires September 1, 2011 [1999].
1-21 SECTION 1.03. Chapter 11, Health and Safety Code, is amended
1-22 by adding Section 11.0045 to read as follows:
1-23 Sec. 11.0045. COMPREHENSIVE STRATEGIC AND OPERATIONAL PLAN.
1-24 (a) The board shall develop, publish, and to the extent allowed by
2-1 law implement a comprehensive strategic and operational plan.
2-2 (b) The board shall publish the plan not later than
2-3 September 1 of each even-numbered year. The board shall at a
2-4 minimum:
2-5 (1) make the plan available on its generally
2-6 accessible Internet site;
2-7 (2) make printed copies of the plan available on
2-8 request to members of the public; and
2-9 (3) send printed copies of the plan to the governor,
2-10 the lieutenant governor, the speaker of the house of
2-11 representatives, the Legislative Budget Board, and the committees
2-12 of the senate and the house of representatives that have oversight
2-13 responsibilities regarding the board and the department.
2-14 (c) The plan at a minimum must include:
2-15 (1) a statement of the aim and purpose of each of the
2-16 department's missions, including:
2-17 (A) the prevention of disease;
2-18 (B) the promotion of health;
2-19 (C) indigent health care;
2-20 (D) the protection of parents' fundamental right
2-21 to direct the health care and general upbringing of their children;
2-22 (E) acute care services for which the department
2-23 is responsible;
2-24 (F) health care facility regulation for which
2-25 the department is responsible;
2-26 (G) the licensing of health professions for
2-27 which the department is responsible; and
3-1 (H) all other health-related services for which
3-2 the department is responsible under law;
3-3 (2) an analysis regarding how each of the department's
3-4 missions relate to other department missions;
3-5 (3) a detailed analysis of how to integrate or
3-6 continue to integrate department programs with other department
3-7 programs, including the integration of information gathering and
3-8 information management within and across programs, for the purpose
3-9 of minimizing duplication of effort, increasing administrative
3-10 efficiency, simplifying access to department programs, and more
3-11 efficiently meeting the health needs of this state;
3-12 (4) a detailed proposal to integrate or continue to
3-13 integrate department programs with other department programs during
3-14 the two-year period covered by the plan, to the extent allowed by
3-15 law and in accordance with the department's analysis;
3-16 (5) a determination regarding whether it is necessary
3-17 to collect each type of information that the department collects,
3-18 and for each type of information that it is necessary for the
3-19 department to collect, whether the department is efficiently and
3-20 effectively collecting, analyzing, and disseminating the
3-21 information and protecting the privacy of individuals;
3-22 (6) an assessment of services provided by the
3-23 department that evaluates the need for the department to provide
3-24 those services in the future;
3-25 (7) a method for soliciting the advice and opinions of
3-26 local health departments, hospital districts, and other public
3-27 health entities, of recipients and providers of services that are
4-1 related to the department's missions, and of advocates for
4-2 recipients or providers for the purpose of identifying and
4-3 assessing:
4-4 (A) the health-related needs of the state;
4-5 (B) ways in which the department's programs and
4-6 information services can be better integrated and coordinated; and
4-7 (C) factors that the department should consider
4-8 before adopting rules that affect recipients or providers of
4-9 services that are related to the department's missions;
4-10 (8) a comprehensive inventory of health-related
4-11 information resources that meet department criteria for usefulness
4-12 and applicability to local health departments, to recipients or
4-13 providers of services that are related to the department's
4-14 missions, and to nonprofit entities, private businesses, and
4-15 community groups with missions that are related to health;
4-16 (9) a statement regarding the ways in which the
4-17 department will coordinate or attempt to coordinate with federal,
4-18 state, local, and private programs that provide services similar to
4-19 the services provided by the department;
4-20 (10) a list of other plans that the department is
4-21 required to prepare under state law and a recommendation regarding
4-22 which plans are obsolete or duplicate other required department
4-23 plans; and
4-24 (11) an assessment of the extent to which previous
4-25 plans prepared by the department under this section have
4-26 effectively helped the department to identify and achieve its
4-27 objectives, to improve its operations, or to guide persons who need
5-1 to identify department services, identify department requirements,
5-2 or communicate effectively with department personnel.
5-3 SECTION 1.04. Chapter 11, Health and Safety Code, is amended
5-4 by adding Section 11.0055 to read as follows:
5-5 Sec. 11.0055. REQUIRED BOARD MEMBER TRAINING. (a) A person
5-6 who is appointed to and qualifies for office as a member of the
5-7 board may not vote, deliberate, or be counted as a member in
5-8 attendance at a meeting of the board until the person completes a
5-9 training program that complies with this section.
5-10 (b) The training program must provide the person with
5-11 information regarding:
5-12 (1) the legislation that created the department and
5-13 the board;
5-14 (2) the programs operated by the department;
5-15 (3) the role and functions of the department;
5-16 (4) the rules of the department, with an emphasis on
5-17 the rules that relate to disciplinary and investigatory authority;
5-18 (5) the current budget for the department;
5-19 (6) the results of the most recent formal audit of the
5-20 department;
5-21 (7) the requirements of:
5-22 (A) the open meetings law, Chapter 551,
5-23 Government Code;
5-24 (B) the public information law, Chapter 552,
5-25 Government Code;
5-26 (C) the administrative procedure law, Chapter
5-27 2001, Government Code; and
6-1 (D) other laws relating to public officials,
6-2 including conflict-of-interest laws; and
6-3 (8) any applicable ethics policies adopted by the
6-4 department or the Texas Ethics Commission.
6-5 (c) A person appointed to the board is entitled to
6-6 reimbursement, as provided by the General Appropriations Act, for
6-7 the travel expenses incurred in attending the training program
6-8 regardless of whether the attendance at the program occurs before
6-9 or after the person qualifies for office.
6-10 SECTION 1.05. Section 11.006(a), Health and Safety Code, is
6-11 amended to read as follows:
6-12 (a) A person is not eligible for appointment as a public
6-13 member of the board if the person or the person's spouse:
6-14 (1) is employed by or participates in the management
6-15 of a business entity or other organization regulated by the
6-16 department or receiving funds from the department;
6-17 (2) is registered, certified, or licensed by the
6-18 department or by a regulatory board or other agency that is under
6-19 the jurisdiction of the department or administratively attached to
6-20 the department;
6-21 (3) owns, controls, or has, directly or indirectly,
6-22 more than a 10 percent interest in a business entity or other
6-23 organization regulated by the department or receiving funds from
6-24 the department; or
6-25 (4) [(3)] uses or receives a substantial amount of
6-26 tangible goods, services, or funds from the department other than
6-27 compensation or reimbursement authorized by law for board
7-1 membership, attendance, or expenses.
7-2 SECTION 1.06. Section 11.009(c), Health and Safety Code, is
7-3 amended to read as follows:
7-4 (c) If the commissioner has knowledge that a potential
7-5 ground for removal exists, the commissioner shall notify the
7-6 chairman of the board of the ground. The chairman shall then
7-7 notify the governor and the attorney general that a potential
7-8 ground for removal exists. If the potential ground for removal
7-9 involves the chairman, the commissioner shall notify the next
7-10 highest ranking officer of the board, who shall then notify the
7-11 governor and the attorney general that a potential ground for
7-12 removal exists.
7-13 SECTION 1.07. Section 11.018(d), Health and Safety Code, is
7-14 amended to read as follows:
7-15 (d) The department shall keep an information file about each
7-16 complaint filed with the department relating to[:]
7-17 [(1)] a license holder or entity regulated by the
7-18 department[;] or
7-19 [(2)] a service delivered by the department. The file
7-20 must include:
7-21 (1) the name of the person who filed the complaint;
7-22 (2) the date the complaint is received by the
7-23 department;
7-24 (3) the subject matter of the complaint;
7-25 (4) the name of each person contacted in relation to
7-26 the complaint;
7-27 (5) a summary of the results of the review or
8-1 investigation of the complaint; and
8-2 (6) an explanation of the reason the file was closed,
8-3 if the department closed the file without taking action other than
8-4 to investigate the complaint.
8-5 SECTION 1.08. Subchapter A, Chapter 12, Health and Safety
8-6 Code, is amended by adding Section 12.004 to read as follows:
8-7 Sec. 12.004. DEVELOPMENT OF PROPOSED RULES. (a) This
8-8 section applies to the process by which the department develops
8-9 proposed rules for the board's consideration before the proposed
8-10 rules are published in the Texas Register and before the board,
8-11 commissioner, or department complies with the rulemaking
8-12 requirements of the administrative procedure law, Chapter 2001,
8-13 Government Code. This section does not affect the duty of the
8-14 board, commissioner, or department to comply with the rulemaking
8-15 requirements of that law.
8-16 (b) The board shall require the department to establish a
8-17 checklist of methods that, to the extent appropriate, the
8-18 department will follow to obtain early in the rule development
8-19 process the advice and opinions of the public and of persons who
8-20 will be most affected by a proposed rule. The checklist must
8-21 include methods for identifying persons who will be most affected
8-22 and for soliciting at a minimum the advice and opinions of affected
8-23 local health departments, of recipients and providers of affected
8-24 services, and of advocates for affected recipients or providers.
8-25 (c) The checklist may include negotiated rulemaking,
8-26 informal conferences, advisory committees, and any other
8-27 appropriate method.
9-1 (d) A rule adopted by the board may not be challenged on the
9-2 grounds that the board, commissioner, or department did not comply
9-3 with this section. If the department was unable to solicit a
9-4 significant amount of advice and opinion from the public or from
9-5 affected persons early in the rule development process, the
9-6 department shall state in writing to the board the reasons why the
9-7 department was unable to do so.
9-8 SECTION 1.09. Subchapter B, Chapter 12, Health and Safety
9-9 Code, is amended by adding Section 12.0115 to read as follows:
9-10 Sec. 12.0115. INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS.
9-11 (a) In this section, "health care delivery programs" includes the
9-12 department's primary health care services program, its program to
9-13 improve maternal and infant health, its services for chronically
9-14 ill and disabled children, any aspects of health care delivery
9-15 under the state Medicaid program assigned to the department by law
9-16 or by the Health and Human Services Commission, and the part of any
9-17 other department program concerned with the department's
9-18 responsibility for the delivery of health care services.
9-19 (b) The department shall integrate the functions of its
9-20 different health care delivery programs to the maximum extent
9-21 possible, including integrating the functions of health care
9-22 delivery programs that are part of the state Medicaid program with
9-23 functions of health care delivery programs that are not part of the
9-24 state Medicaid program.
9-25 (c) At a minimum, the department's integration of the
9-26 functions of its different health care delivery programs must
9-27 include the integration within and across the programs of:
10-1 (1) the development of health care policy;
10-2 (2) the delivery of health care services, to the
10-3 extent appropriate for the recipients of the health care services;
10-4 and
10-5 (3) to the extent possible, the administration of
10-6 contracts with providers of health care services, particularly
10-7 providers who concurrently provide health care services under more
10-8 than one contract or program with the department.
10-9 (d) One of the primary goals of the department in
10-10 integrating the delivery of health care services for the benefit of
10-11 recipients shall be providing for continuity of care for
10-12 individuals and families, accomplished to the extent possible by
10-13 providing an individual or family with a medical home that serves
10-14 as the primary initial health care provider.
10-15 (e) One of the primary goals of the department in
10-16 integrating the administration of its contracts with providers of
10-17 health care services shall be designing an integrated contract
10-18 administration system that reduces the administrative and paperwork
10-19 burden on providers while still providing the department with the
10-20 information it needs to effectively administer the contracts. The
10-21 department's integration of contract administration must include:
10-22 (1) the integration of the initial procurement process
10-23 within and across programs, at least in part by efficiently
10-24 combining requests for bids or proposals within or across programs
10-25 to the extent it reduces the administrative burden for providers;
10-26 (2) the establishment of uniform contract terms,
10-27 including:
11-1 (A) contract terms that require information from
11-2 providers, or that prescribe performance standards for providers,
11-3 that could be made uniform within or across programs while
11-4 remaining effective as contract terms;
11-5 (B) the establishment of a procedure under which
11-6 a contractor or a person responding to a request for bids or
11-7 proposals may supply the department with requested information
11-8 whenever possible by referencing current and correct information
11-9 previously supplied to and on file with the department; and
11-10 (C) contract terms regarding incentives for
11-11 contractors to meet or exceed contract requirements;
11-12 (3) the integration of contract monitoring,
11-13 particularly with regard to monitoring providers that deliver
11-14 health services for the department under more than one contract or
11-15 under more than one department program; and
11-16 (4) the integration of reimbursement methods:
11-17 (A) particularly for a provider that delivers
11-18 health services for the department under more than one contract or
11-19 under more than one department program; and
11-20 (B) including the application across programs of
11-21 the most effective and efficient reimbursement technologies or
11-22 methods that are available to the department under any of its
11-23 programs.
11-24 (f) The department shall examine the extent to which the
11-25 department could integrate all or part of its health care delivery
11-26 programs into a single delivery system.
11-27 (g) If a federal requirement that the federal government may
12-1 waive restricts the department's integration efforts under this
12-2 section, the department may seek a waiver of the requirement from
12-3 the federal government. If the waiver affects a program for which
12-4 another state agency is designated the single state agency for
12-5 federal purposes, the department shall request the single state
12-6 agency to seek the waiver.
12-7 (h) The department may not integrate health care delivery
12-8 programs under this section in a way that affects the single state
12-9 agency status of another state agency for federal purposes without
12-10 obtaining the approval of the Health and Human Services Commission
12-11 and any necessary federal approval.
12-12 SECTION 1.10. Subchapter B, Chapter 12, Health and Safety
12-13 Code, is amended by adding Sections 12.0123 and 12.0124 to read as
12-14 follows:
12-15 Sec. 12.0123. ANNUAL EXTERNAL AUDIT OF MEDICAID FISCAL
12-16 AGENT. (a) In this section, "fiscal agent" means an entity that
12-17 is not another state health and human services agency that, under a
12-18 contract and on behalf of the department or the department's
12-19 successor in function, performs one or more administrative services
12-20 such as claims processing, utilization review, or payment of claims
12-21 as the department's fiscal intermediary.
12-22 (b) The department shall contract with an independent
12-23 auditor to perform annual independent external financial and
12-24 performance audits of any fiscal agent used by the department in
12-25 its operation of a part of the state Medicaid program.
12-26 (c) If another state agency succeeds to the department's
12-27 operation of the part of the state Medicaid program for which the
13-1 department used a fiscal agent, the successor agency shall comply
13-2 with the requirement to contract with an independent auditor to
13-3 perform the external financial and performance audits of any fiscal
13-4 agent.
13-5 Sec. 12.0124. ELECTRONIC TRANSACTIONS; STATE MEDICAID
13-6 PROGRAM. The department or the department's successor in function
13-7 in relation to the department's operation of a part of the state
13-8 Medicaid program shall implement policies that encourage the use of
13-9 electronic transactions. The policies shall require payment to
13-10 Medicaid service providers by electronic funds transfer, including
13-11 electronic remittance and status reports. The policies shall also
13-12 include the establishment of incentives to submit claims
13-13 electronically and of disincentives to submit claims on paper that
13-14 are reasonably based on the higher administrative costs to process
13-15 claims submitted on paper.
13-16 SECTION 1.11. Subchapter B, Chapter 12, Health and Safety
13-17 Code, is amended by adding Sections 12.0145 and 12.0146 to read as
13-18 follows:
13-19 Sec. 12.0145. INFORMATION ABOUT ENFORCEMENT ACTIONS. (a)
13-20 The department shall publish and provide information in accordance
13-21 with this section regarding each final enforcement action taken by
13-22 the department, commissioner, or board against a person or facility
13-23 regulated by the department in which any kind of sanction is
13-24 imposed, including:
13-25 (1) the imposition of a reprimand, a period of
13-26 probation, a monetary penalty, or a condition on a person's
13-27 continued practice or a facility's continued operation; and
14-1 (2) the refusal to renew or the suspension, probation,
14-2 or revocation of a license or other form of permission to engage in
14-3 an activity.
14-4 (b) Except to the extent that the information is
14-5 specifically made confidential under other law, the department
14-6 shall publish and provide the name, including any trade name, of
14-7 the person or facility against which an enforcement action was
14-8 taken, the violation that the person or facility was found to have
14-9 committed, and the sanction imposed. The department shall publish
14-10 and provide the information in a way that does not serve to
14-11 identify a complainant.
14-12 (c) The department shall publish the information on its
14-13 generally accessible Internet site. The department also shall
14-14 provide the information by establishing a system under which
14-15 members of the public can call toll-free numbers to obtain the
14-16 information efficiently and with a minimum of delay. The
14-17 department shall appropriately publicize the toll-free numbers.
14-18 (d) The department shall publish and provide the information
14-19 promptly after the sanction has been imposed or, when applicable,
14-20 promptly after the period during which the sanction is imposed has
14-21 begun. The department by rule shall establish the length of time
14-22 during which the required information will be published and
14-23 provided under this section based on the department's determination
14-24 regarding the types of services provided by regulated entities and
14-25 the length of time for which information about a category of
14-26 enforcement actions is useful to a member of the public.
14-27 (e) The department shall publish and provide the information
15-1 using clear language that can be readily understood by a person
15-2 with a high school education.
15-3 (f) If another law specifically requires that particular
15-4 information subject to this section shall be published in another
15-5 manner, the department shall comply with this section and with the
15-6 other law.
15-7 (g) A determination that the department is not required to
15-8 publish and provide information under this section does not affect
15-9 a determination regarding whether the information is subject to
15-10 required disclosure under the open records law, Chapter 552,
15-11 Government Code. The department's determination regarding the
15-12 length of the period during which information should continue to be
15-13 published and provided under this section does not affect a
15-14 determination regarding the period for which the information must
15-15 be preserved under Chapter 441, Government Code, or under another
15-16 law.
15-17 Sec. 12.0146. TRENDS IN ENFORCEMENT. The department shall
15-18 publish annually an analysis of its enforcement actions taken under
15-19 state law with regard to each profession, industry, or type of
15-20 facility regulated by the department. The analysis for each
15-21 regulatory area must show at a minimum the year-to-year trends in
15-22 the number and types of enforcement actions taken by the department
15-23 in its regulation of the profession, industry, or type of facility.
15-24 SECTION 1.12. Section 466.001(a), Health and Safety Code, is
15-25 amended to read as follows:
15-26 (a) It is the intent of the legislature that the department
15-27 [and the commission] exercise its [their respective] administrative
16-1 powers and regulatory authority to ensure the proper use of
16-2 approved narcotic drugs in the treatment of narcotic dependent
16-3 persons.
16-4 SECTION 1.13. Section 466.002, Health and Safety Code, is
16-5 amended to read as follows:
16-6 Sec. 466.002. DEFINITIONS. In this chapter:
16-7 (1) "Approved narcotic drug" means a drug approved by
16-8 the United States Food and Drug Administration for maintenance or
16-9 detoxification of a person physiologically addicted to the opiate
16-10 class of drugs.
16-11 (2) "Authorized agent" means an employee of the
16-12 department who is designated by the commissioner to enforce this
16-13 chapter.
16-14 (3) "Board" means the Texas Board of Health.
16-15 (4) ["Commission" means the Texas Commission on
16-16 Alcohol and Drug Abuse.]
16-17 [(5)] "Commissioner" means the commissioner of public
16-18 health.
16-19 (5) [(6)] "Department" means the Texas Department of
16-20 Health.
16-21 (6) [(7)] "Facility" includes a medical office, an
16-22 outpatient clinic, a general or special hospital, a community
16-23 mental health center, and any other location in which a structured
16-24 narcotic dependency program is conducted.
16-25 (7) [(8)] "Narcotic drug" has the meaning assigned by
16-26 Chapter 481 (Texas Controlled Substances Act).
16-27 SECTION 1.14. Section 466.004(a), Health and Safety Code, is
17-1 amended to read as follows:
17-2 (a) The board shall adopt and the department shall
17-3 administer and enforce rules to ensure the proper use of approved
17-4 narcotic drugs in the treatment of narcotic drug-dependent persons,
17-5 including rules that:
17-6 (1) require an applicant or a permit holder to make
17-7 annual, periodic, and special reports that the department
17-8 determines are necessary;
17-9 (2) require an applicant or permit holder to keep
17-10 records that the department determines are necessary;
17-11 (3) provide for investigations that the department
17-12 determines are necessary; and
17-13 (4) provide for the coordination of the approval of
17-14 narcotic drug treatment programs by the United States Food and Drug
17-15 Administration and the United States Drug Enforcement
17-16 Administration[; and]
17-17 [(5) provide for cooperation with the commission in
17-18 the licensing of narcotic drug treatment programs as required by
17-19 Subchapter A, Chapter 464].
17-20 SECTION 1.15. Section 466.022, Health and Safety Code, is
17-21 amended to read as follows:
17-22 Sec. 466.022. LIMITATION ON PRESCRIPTION, ORDER, OR
17-23 ADMINISTRATION OF NARCOTIC DRUG. A physician may not prescribe,
17-24 order, or administer a narcotic drug for the purpose of treating
17-25 drug dependency unless the physician prescribes, orders, or
17-26 administers an approved narcotic drug for the maintenance or
17-27 detoxification of drug-dependent persons as part of a program
18-1 permitted by the department [and the commission].
18-2 SECTION 1.16. Section 32.028, Human Resources Code, is
18-3 amended by adding Subsection (e) to read as follows:
18-4 (e) The department in its adoption of reasonable rules and
18-5 standards governing the determination of rates paid for services
18-6 provided by a federally qualified health center, as defined by 42
18-7 U.S.C. Section 1396d(l)(2)(B), shall assure that a center is
18-8 reimbursed for 100 percent of reasonable costs incurred by the
18-9 center in rendering services to Medicaid recipients.
18-10 SECTION 1.17. Section 11.016(c), Health and Safety Code, is
18-11 repealed.
18-12 SECTION 1.18. Section 466.005, Health and Safety Code, is
18-13 repealed.
18-14 SECTION 1.19. Section 503.008, Health and Safety Code, is
18-15 repealed.
18-16 SECTION 1.20. The Texas Department of Health shall publish
18-17 the first comprehensive strategic and operational plan required
18-18 under Section 11.0045, Health and Safety Code, as added by this
18-19 Act, not later than September 1, 2000.
18-20 SECTION 1.21. The Texas Department of Health shall
18-21 comprehensively study the impact that the state's Medicaid managed
18-22 care program has had on each of the populations served by the
18-23 department and on all health care providers, clinics, and
18-24 hospitals. The department shall report its findings to the
18-25 presiding officer of each house of the legislature and of each
18-26 legislative committee that has oversight responsibility for the
18-27 department not later than November 1, 2000.
19-1 SECTION 1.22. (a) As soon as possible after the effective
19-2 date of this Act and to the extent allowed under federal law, the
19-3 Texas Department of Health shall implement a pilot project that, on
19-4 a scale appropriate for a pilot project, integrates all appropriate
19-5 functions of the department's health care delivery programs in
19-6 accordance with Section 12.0115, Health and Safety Code, as added
19-7 by this Act, including integrating the functions of health care
19-8 delivery programs that are part of the state Medicaid program with
19-9 functions of health care delivery programs that are not part of the
19-10 state Medicaid program.
19-11 (b) The pilot project must be initiated not later than
19-12 September 1, 2000. The pilot project terminates September 1, 2001,
19-13 but the department may continue successful elements of the project
19-14 after that date as part of the department's general duty to
19-15 integrate its health care delivery programs under Section 12.0115,
19-16 Health and Safety Code, as added by this Act.
19-17 (c) The department shall make an interim report regarding
19-18 its problems and progress in implementing the pilot project not
19-19 later than September 1, 2000, as part of the initial comprehensive
19-20 strategic and operational plan required under Section 11.0045,
19-21 Health and Safety Code, as added by this Act. The department shall
19-22 fully evaluate the successes and problems of the completed pilot
19-23 project as part of the comprehensive strategic and operational plan
19-24 that the department is required to publish not later than September
19-25 1, 2002.
19-26 (d) In addition to reporting on the problems and successes
19-27 of the pilot project, the department shall evaluate generally the
20-1 duties imposed on the department under Section 12.0115, Health and
20-2 Safety Code, as added by this Act. The department shall report not
20-3 later than September 1, 2002, as part of the second comprehensive
20-4 strategic and operational plan, on the benefits and problems that
20-5 the department foresees in fully implementing Section 12.0115. The
20-6 second comprehensive report shall:
20-7 (1) state the ways in which the department intends to
20-8 integrate its programs;
20-9 (2) demonstrate why it is expected that the
20-10 department's approach will best promote the goals of program
20-11 integration, with regard to expected benefits to recipients and
20-12 providers of health services and with regard to administrative
20-13 savings expected to be realized by government and by providers of
20-14 health services;
20-15 (3) address the extent to which the department has
20-16 implemented or plans to implement a uniform contracting process
20-17 that incorporates processes and principles identified by the
20-18 department's contract leverage team in its July 1996 Contracting
20-19 Guide for Client Services, and state the expected savings and
20-20 efficiencies that have resulted or should result from
20-21 implementation;
20-22 (4) state the ways in which the department's plan to
20-23 integrate the functions of its health care delivery programs
20-24 includes a plan to coordinate contract performance monitoring,
20-25 combine claims processing, and improve the process by which
20-26 providers are reimbursed; and
20-27 (5) recommend any changes to state law that are needed
21-1 to remove impediments to an integrated health care delivery system.
21-2 SECTION 1.23. (a) The Texas Department of Health, with the
21-3 assistance of the state auditor, shall conduct a comprehensive
21-4 evaluation of the department's regulatory functions. The
21-5 evaluation must include an examination and analysis of the
21-6 effectiveness of the department's:
21-7 (1) rules that affect or support its regulatory
21-8 practices;
21-9 (2) inspection efforts, including its scheduling of
21-10 inspections and consistency between inspections;
21-11 (3) investigative practices, including investigations
21-12 conducted in response to a complaint;
21-13 (4) use of sanctions;
21-14 (5) enforcement actions in relation to the time it
21-15 takes to initiate and complete an enforcement action and in
21-16 relation to the role of the department's office of general counsel;
21-17 (6) efforts to ensure compliance with applicable laws
21-18 and rules; and
21-19 (7) efforts to ensure the consistent training of
21-20 inspectors.
21-21 (b) The department shall report the results of the
21-22 evaluation, including the identification of any problem areas and
21-23 any recommended solutions to the problems that require management
21-24 actions or statutory changes, to the legislature and to the Texas
21-25 Board of Health not later than November 1, 2000.
21-26 SECTION 1.24. (a) The change in law made by this Act to
21-27 Section 2003.021, Government Code, transferring the responsibility
22-1 to conduct hearings in matters that are contested cases under
22-2 Chapter 2001, Government Code, from the commissioner of public
22-3 health and the Texas Board of Health or Texas Department of Health
22-4 to the State Office of Administrative Hearings, applies only to a
22-5 contested case in which notice of the hearing is given under
22-6 Sections 2001.051 and 2001.052, Government Code, on or after the
22-7 effective date of this Act. The commissioner of public health or
22-8 the Texas Board of Health or Texas Department of Health, as
22-9 appropriate, shall conduct the hearing in a contested case for
22-10 which the notice of hearing is given before the effective date of
22-11 this Act.
22-12 (b) This Act does not transfer from the commissioner of
22-13 public health or the Texas Board of Health or Texas Department of
22-14 Health, as appropriate, the responsibility to conduct a fair
22-15 hearing that is required under federal law unless the fair hearing
22-16 is considered to be a contested case under Chapter 2001, Government
22-17 Code.
22-18 (c) This Act does not require the commissioner of public
22-19 health or the Texas Board of Health or Texas Department of Health
22-20 to transfer personnel to the State Office of Administrative
22-21 Hearings.
22-22 SECTION 1.25. The changes in law made by this Act in the
22-23 prohibitions applying to members of the Texas Board of Health do
22-24 not affect the entitlement of a member serving on the board
22-25 immediately before September 1, 1999, to continue to serve and
22-26 function as a member of the board for the remainder of the member's
22-27 term. The changes in law apply only to a member appointed on or
23-1 after September 1, 1999.
23-2 ARTICLE 2. LICENSURE OF HOSPITAL OUTPATIENT FACILITIES;
23-3 FEES CHARGED TO HOSPITALS
23-4 SECTION 2.01. Section 241.023, Health and Safety Code, is
23-5 amended to read as follows:
23-6 Sec. 241.023. ISSUANCE OF LICENSE. (a) On receiving a
23-7 license application and the license fee, the department shall issue
23-8 a license if it finds that the applicant and the hospital comply
23-9 with this chapter and the rules or standards adopted under this
23-10 chapter.
23-11 (b) A license may be renewed annually after payment of the
23-12 required fee.
23-13 (c) The department may issue a license only for the premises
23-14 and person or governmental unit named in the application.
23-15 (d) Subject to Subsection (e), a license issued under this
23-16 section for a hospital includes each outpatient facility that is
23-17 not separately licensed, that is located apart from the hospital,
23-18 and for which the hospital has submitted to the department:
23-19 (1) a copy of a fire safety survey that is dated not
23-20 earlier than one year before the submission date indicating
23-21 approval by:
23-22 (A) the local fire authority in whose
23-23 jurisdiction the outpatient facility is located; or
23-24 (B) the nearest fire authority, if the
23-25 outpatient facility is located outside of the jurisdiction of a
23-26 local fire authority; and
23-27 (2) if the hospital is accredited by the Joint
24-1 Commission on Accreditation of Healthcare Organizations or the
24-2 American Osteopathic Association, a copy of documentation from the
24-3 accrediting body showing that the outpatient facility is included
24-4 within the hospital's accreditation.
24-5 (e) Subsection (d) applies only if the federal Department of
24-6 Health and Human Services, Health Care Financing Administration, or
24-7 Office of Inspector General adopts final or interim final rules
24-8 requiring state licensure of outpatient facilities as a condition
24-9 of the determination of provider-based status for Medicare
24-10 reimbursement purposes.
24-11 (f) A license may not be transferred or assigned without the
24-12 written approval of the department.
24-13 (g) [(e)] A license shall be posted in a conspicuous place
24-14 on the licensed premises.
24-15 SECTION 2.02. Section 241.025, Health and Safety Code, is
24-16 amended to read as follows:
24-17 Sec. 241.025. LICENSE FEES. (a) The department shall
24-18 charge each hospital an annual license fee for an initial license
24-19 or a license renewal.
24-20 (b) The board by rule shall adopt the fees authorized by
24-21 Subsection (a) according to a schedule under [in] which the number
24-22 of beds in the hospital determines the amount of the fee. The fee
24-23 may not exceed $15 [$10] a bed. A minimum license fee may be
24-24 established. The minimum fee may not exceed $1,000[, and the total
24-25 fee may not be less than $200 or more than $10,000].
24-26 (c) A fee adopted under this chapter must be based on the
24-27 estimated cost to and level of effort expended by the department to
25-1 conduct the activity for which the fee is imposed. [The board by
25-2 rule shall adopt a temporary initial license fee in an amount
25-3 sufficient to cover the reasonable expense to the department of
25-4 issuing the license.]
25-5 (d) All license fees collected shall be deposited in the
25-6 state treasury to the credit of the department to administer and
25-7 enforce this chapter. These fees are hereby appropriated to the
25-8 department.
25-9 SECTION 2.03. Section 241.104, Health and Safety Code, is
25-10 amended to read as follows:
25-11 Sec. 241.104. HOSPITAL PLAN REVIEWS. (a) The board by rule
25-12 shall adopt fees for hospital plan reviews according to a schedule
25-13 based on the estimated construction costs. [If an estimated
25-14 construction cost cannot be established, the estimated cost is $105
25-15 per square foot.]
25-16 (b) The fee schedule may not exceed the following:
25-17 Cost of Construction Fee
25-18 (1) $ 100,000 [600,000] or less $ 500
25-19 (2) $ 100,001 - $ 600,000 $1,500
25-20 (3) $ 600,001 - $ 2,000,000 $3,000 [1,000]
25-21 (4) [(3)] $ 2,000,001 - $ 5,000,000 $4,500 [1,500]
25-22 (5) [(4)] $ 5,000,001 - $10,000,000 $6,000 [2,000]
25-23 (6) [(5)] $10,000,001 and over $7,500 [3,000]
25-24 (c) The department shall charge a fee for field surveys of
25-25 construction plans reviewed under this section. The board by rule
25-26 shall adopt a fee schedule for the surveys that provides a minimum
25-27 fee of $500 [$100] and a maximum fee of $1,000 [$400] for each
26-1 survey conducted.
26-2 SECTION 2.04. Section 241.0231, Health and Safety Code, is
26-3 repealed.
26-4 ARTICLE 3. AMBULATORY SURGICAL CENTERS; ADMINISTRATIVE
26-5 PENALTIES
26-6 SECTION 3.01. Chapter 243, Health and Safety Code, is
26-7 amended by adding Sections 243.015 and 243.016 to read as follows:
26-8 Sec. 243.015. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
26-9 The department may impose an administrative penalty on a person
26-10 licensed under this chapter who violates this chapter or a rule or
26-11 order adopted under this chapter. A penalty collected under this
26-12 section or Section 243.016 shall be deposited in the state treasury
26-13 in the general revenue fund.
26-14 (b) A proceeding to impose the penalty is considered to be a
26-15 contested case under Chapter 2001, Government Code.
26-16 (c) The amount of the penalty may not exceed $1,000 for each
26-17 violation, and each day a violation continues or occurs is a
26-18 separate violation for purposes of imposing a penalty. The total
26-19 amount of the penalty assessed for a violation continuing or
26-20 occurring on separate days under this subsection may not exceed
26-21 $5,000.
26-22 (d) The amount shall be based on:
26-23 (1) the seriousness of the violation, including the
26-24 nature, circumstances, extent, and gravity of the violation;
26-25 (2) the threat to health or safety caused by the
26-26 violation;
26-27 (3) the history of previous violations;
27-1 (4) the amount necessary to deter a future violation;
27-2 (5) whether the violator demonstrated good faith,
27-3 including when applicable whether the violator made good faith
27-4 efforts to correct the violation; and
27-5 (6) any other matter that justice may require.
27-6 (e) If the department initially determines that a violation
27-7 occurred, the department shall give written notice of the report by
27-8 certified mail to the person.
27-9 (f) The notice under Subsection (e) must:
27-10 (1) include a brief summary of the alleged violation;
27-11 (2) state the amount of the recommended penalty; and
27-12 (3) inform the person of the person's right to a
27-13 hearing on the occurrence of the violation, the amount of the
27-14 penalty, or both.
27-15 (g) Within 20 days after the date the person receives the
27-16 notice under Subsection (e), the person in writing may:
27-17 (1) accept the determination and recommended penalty
27-18 of the department; or
27-19 (2) make a request for a hearing on the occurrence of
27-20 the violation, the amount of the penalty, or both.
27-21 (h) If the person accepts the determination and recommended
27-22 penalty or if the person fails to respond to the notice, the
27-23 commissioner of public health by order shall approve the
27-24 determination and impose the recommended penalty.
27-25 (i) If the person requests a hearing, the commissioner of
27-26 public health shall refer the matter to the State Office of
27-27 Administrative Hearings, which shall promptly set a hearing date
28-1 and give written notice of the time and place of the hearing to the
28-2 person. An administrative law judge of the State Office of
28-3 Administrative Hearings shall conduct the hearing.
28-4 (j) The administrative law judge shall make findings of fact
28-5 and conclusions of law and promptly issue to the commissioner of
28-6 public health a proposal for a decision about the occurrence of the
28-7 violation and the amount of a proposed penalty.
28-8 (k) Based on the findings of fact, conclusions of law, and
28-9 proposal for a decision, the commissioner of public health by order
28-10 may:
28-11 (1) find that a violation occurred and impose a
28-12 penalty; or
28-13 (2) find that a violation did not occur.
28-14 (l) The notice of the commissioner's order under Subsection
28-15 (k) that is sent to the person in accordance with Chapter 2001,
28-16 Government Code, must include a statement of the right of the
28-17 person to judicial review of the order.
28-18 Sec. 243.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE
28-19 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
28-20 order of the commissioner of public health under Section 243.015(k)
28-21 that imposes an administrative penalty becomes final, the person
28-22 shall:
28-23 (1) pay the penalty; or
28-24 (2) file a petition for judicial review of the
28-25 commissioner's order contesting the occurrence of the violation,
28-26 the amount of the penalty, or both.
28-27 (b) Within the 30-day period prescribed by Subsection (a), a
29-1 person who files a petition for judicial review may:
29-2 (1) stay enforcement of the penalty by:
29-3 (A) paying the penalty to the court for
29-4 placement in an escrow account; or
29-5 (B) giving the court a supersedeas bond approved
29-6 by the court that:
29-7 (i) is for the amount of the penalty; and
29-8 (ii) is effective until all judicial
29-9 review of the commissioner's order is final; or
29-10 (2) request the court to stay enforcement of the
29-11 penalty by:
29-12 (A) filing with the court a sworn affidavit of
29-13 the person stating that the person is financially unable to pay the
29-14 penalty and is financially unable to give the supersedeas bond; and
29-15 (B) sending a copy of the affidavit to the
29-16 commissioner of public health by certified mail.
29-17 (c) If the commissioner of public health receives a copy of
29-18 an affidavit under Subsection (b)(2), the commissioner may file
29-19 with the court, within five days after the date the copy is
29-20 received, a contest to the affidavit. The court shall hold a
29-21 hearing on the facts alleged in the affidavit as soon as
29-22 practicable and shall stay the enforcement of the penalty on
29-23 finding that the alleged facts are true. The person who files an
29-24 affidavit has the burden of proving that the person is financially
29-25 unable to pay the penalty or to give a supersedeas bond.
29-26 (d) If the person does not pay the penalty and the
29-27 enforcement of the penalty is not stayed, the penalty may be
30-1 collected. The attorney general may sue to collect the penalty.
30-2 (e) If the court sustains the finding that a violation
30-3 occurred, the court may uphold or reduce the amount of the penalty
30-4 and order the person to pay the full or reduced amount of the
30-5 penalty.
30-6 (f) If the court does not sustain the finding that a
30-7 violation occurred, the court shall order that a penalty is not
30-8 owed.
30-9 (g) If the person paid the penalty and if the amount of the
30-10 penalty is reduced or the penalty is not upheld by the court, the
30-11 court shall order, when the court's judgment becomes final, that
30-12 the appropriate amount plus accrued interest be remitted to the
30-13 person within 30 days after the date that the judgment of the court
30-14 becomes final. The interest accrues at the rate charged on loans to
30-15 depository institutions by the New York Federal Reserve Bank. The
30-16 interest shall be paid for the period beginning on the date the
30-17 penalty is paid and ending on the date the penalty is remitted.
30-18 (h) If the person gave a supersedeas bond and the penalty is
30-19 not upheld by the court, the court shall order, when the court's
30-20 judgment becomes final, the release of the bond. If the person gave
30-21 a supersedeas bond and the amount of the penalty is reduced, the
30-22 court shall order the release of the bond after the person pays the
30-23 reduced amount.
30-24 ARTICLE 4. BIRTHING CENTERS; ADMINISTRATIVE PENALTIES
30-25 SECTION 4.01. Chapter 244, Health and Safety Code, is
30-26 amended by adding Sections 244.015 and 244.016 to read as follows:
30-27 Sec. 244.015. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
31-1 The department may impose an administrative penalty on a person
31-2 licensed under this chapter who violates this chapter or a rule or
31-3 order adopted under this chapter. A penalty collected under this
31-4 section or Section 244.016 shall be deposited in the state treasury
31-5 in the general revenue fund.
31-6 (b) A proceeding to impose the penalty is considered to be a
31-7 contested case under Chapter 2001, Government Code.
31-8 (c) The amount of the penalty may not exceed $1,000 for each
31-9 violation, and each day a violation continues or occurs is a
31-10 separate violation for purposes of imposing a penalty. The total
31-11 amount of the penalty assessed for a violation continuing or
31-12 occurring on separate days under this subsection may not exceed
31-13 $5,000.
31-14 (d) The amount shall be based on:
31-15 (1) the seriousness of the violation, including the
31-16 nature, circumstances, extent, and gravity of the violation;
31-17 (2) the threat to health or safety caused by the
31-18 violation;
31-19 (3) the history of previous violations;
31-20 (4) the amount necessary to deter a future violation;
31-21 (5) whether the violator demonstrated good faith,
31-22 including when applicable whether the violator made good faith
31-23 efforts to correct the violation; and
31-24 (6) any other matter that justice may require.
31-25 (e) If the department initially determines that a violation
31-26 occurred, the department shall give written notice of the report by
31-27 certified mail to the person.
32-1 (f) The notice under Subsection (e) must:
32-2 (1) include a brief summary of the alleged violation;
32-3 (2) state the amount of the recommended penalty; and
32-4 (3) inform the person of the person's right to a
32-5 hearing on the occurrence of the violation, the amount of the
32-6 penalty, or both.
32-7 (g) Within 20 days after the date the person receives the
32-8 notice under Subsection (e), the person in writing may:
32-9 (1) accept the determination and recommended penalty
32-10 of the department; or
32-11 (2) make a request for a hearing on the occurrence of
32-12 the violation, the amount of the penalty, or both.
32-13 (h) If the person accepts the determination and recommended
32-14 penalty or if the person fails to respond to the notice, the
32-15 commissioner of public health by order shall approve the
32-16 determination and impose the recommended penalty.
32-17 (i) If the person requests a hearing, the commissioner of
32-18 public health shall refer the matter to the State Office of
32-19 Administrative Hearings, which shall promptly set a hearing date
32-20 and give written notice of the time and place of the hearing to the
32-21 person. An administrative law judge of the State Office of
32-22 Administrative Hearings shall conduct the hearing.
32-23 (j) The administrative law judge shall make findings of fact
32-24 and conclusions of law and promptly issue to the commissioner of
32-25 public health a proposal for a decision about the occurrence of the
32-26 violation and the amount of a proposed penalty.
32-27 (k) Based on the findings of fact, conclusions of law, and
33-1 proposal for a decision, the commissioner of public health by order
33-2 may:
33-3 (1) find that a violation occurred and impose a
33-4 penalty; or
33-5 (2) find that a violation did not occur.
33-6 (l) The notice of the commissioner's order under Subsection
33-7 (k) that is sent to the person in accordance with Chapter 2001,
33-8 Government Code, must include a statement of the right of the
33-9 person to judicial review of the order.
33-10 Sec. 244.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE
33-11 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
33-12 order of the commissioner of public health under Section 244.015(k)
33-13 that imposes an administrative penalty becomes final, the person
33-14 shall:
33-15 (1) pay the penalty; or
33-16 (2) file a petition for judicial review of the
33-17 commissioner's order contesting the occurrence of the violation,
33-18 the amount of the penalty, or both.
33-19 (b) Within the 30-day period prescribed by Subsection (a), a
33-20 person who files a petition for judicial review may:
33-21 (1) stay enforcement of the penalty by:
33-22 (A) paying the penalty to the court for
33-23 placement in an escrow account; or
33-24 (B) giving the court a supersedeas bond approved
33-25 by the court that:
33-26 (i) is for the amount of the penalty; and
33-27 (ii) is effective until all judicial
34-1 review of the commissioner's order is final; or
34-2 (2) request the court to stay enforcement of the
34-3 penalty by:
34-4 (A) filing with the court a sworn affidavit of
34-5 the person stating that the person is financially unable to pay the
34-6 penalty and is financially unable to give the supersedeas bond; and
34-7 (B) sending a copy of the affidavit to the
34-8 commissioner of public health by certified mail.
34-9 (c) If the commissioner of public health receives a copy of
34-10 an affidavit under Subsection (b)(2), the commissioner may file
34-11 with the court, within five days after the date the copy is
34-12 received, a contest to the affidavit. The court shall hold a
34-13 hearing on the facts alleged in the affidavit as soon as
34-14 practicable and shall stay the enforcement of the penalty on
34-15 finding that the alleged facts are true. The person who files an
34-16 affidavit has the burden of proving that the person is financially
34-17 unable to pay the penalty or to give a supersedeas bond.
34-18 (d) If the person does not pay the penalty and the
34-19 enforcement of the penalty is not stayed, the penalty may be
34-20 collected. The attorney general may sue to collect the penalty.
34-21 (e) If the court sustains the finding that a violation
34-22 occurred, the court may uphold or reduce the amount of the penalty
34-23 and order the person to pay the full or reduced amount of the
34-24 penalty.
34-25 (f) If the court does not sustain the finding that a
34-26 violation occurred, the court shall order that a penalty is not
34-27 owed.
35-1 (g) If the person paid the penalty and if the amount of the
35-2 penalty is reduced or the penalty is not upheld by the court, the
35-3 court shall order, when the court's judgment becomes final, that
35-4 the appropriate amount plus accrued interest be remitted to the
35-5 person within 30 days after the date that the judgment of the court
35-6 becomes final. The interest accrues at the rate charged on loans to
35-7 depository institutions by the New York Federal Reserve Bank. The
35-8 interest shall be paid for the period beginning on the date the
35-9 penalty is paid and ending on the date the penalty is remitted.
35-10 (h) If the person gave a supersedeas bond and the penalty is
35-11 not upheld by the court, the court shall order, when the court's
35-12 judgment becomes final, the release of the bond. If the person gave
35-13 a supersedeas bond and the amount of the penalty is reduced, the
35-14 court shall order the release of the bond after the person pays the
35-15 reduced amount.
35-16 ARTICLE 5. SPECIAL CARE FACILITIES; ADMINISTRATIVE PENALTIES
35-17 SECTION 5.01. Chapter 248, Health and Safety Code, is
35-18 amended by adding Subchapter D to read as follows:
35-19 SUBCHAPTER D. ADMINISTRATIVE PENALTY
35-20 Sec. 248.101. IMPOSITION OF PENALTY. (a) The department of
35-21 health may impose an administrative penalty on a person licensed
35-22 under this chapter who violates this chapter or a rule or order
35-23 adopted under this chapter.
35-24 (b) A penalty collected under this subchapter shall be
35-25 deposited in the state treasury in the general revenue fund.
35-26 Sec. 248.102. AMOUNT OF PENALTY. (a) The amount of the
35-27 penalty may not exceed $1,000 for each violation, and each day a
36-1 violation continues or occurs is a separate violation for purposes
36-2 of imposing a penalty. The total amount of the penalty assessed
36-3 for a violation continuing or occurring on separate days under this
36-4 subsection may not exceed $5,000.
36-5 (b) The amount shall be based on:
36-6 (1) the seriousness of the violation, including the
36-7 nature, circumstances, extent, and gravity of the violation;
36-8 (2) the threat to health or safety caused by the
36-9 violation;
36-10 (3) the history of previous violations;
36-11 (4) the amount necessary to deter a future violation;
36-12 (5) whether the violator demonstrated good faith,
36-13 including when applicable whether the violator made good faith
36-14 efforts to correct the violation; and
36-15 (6) any other matter that justice may require.
36-16 Sec. 248.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
36-17 (a) If the department initially determines that a violation
36-18 occurred, the department shall give written notice of the report by
36-19 certified mail to the person.
36-20 (b) The notice must:
36-21 (1) include a brief summary of the alleged violation;
36-22 (2) state the amount of the recommended penalty; and
36-23 (3) inform the person of the person's right to a
36-24 hearing on the occurrence of the violation, the amount of the
36-25 penalty, or both.
36-26 Sec. 248.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
36-27 Within 20 days after the date the person receives the notice sent
37-1 under Section 248.103, the person in writing may:
37-2 (1) accept the determination and recommended penalty
37-3 of the department; or
37-4 (2) make a request for a hearing on the occurrence of
37-5 the violation, the amount of the penalty, or both.
37-6 (b) If the person accepts the determination and recommended
37-7 penalty or if the person fails to respond to the notice, the
37-8 commissioner of public health by order shall approve the
37-9 determination and impose the recommended penalty.
37-10 Sec. 248.105. HEARING. (a) If the person requests a
37-11 hearing, the commissioner of public health shall refer the matter
37-12 to the State Office of Administrative Hearings, which shall
37-13 promptly set a hearing date and give written notice of the time and
37-14 place of the hearing to the person. An administrative law judge of
37-15 the State Office of Administrative Hearings shall conduct the
37-16 hearing.
37-17 (b) The administrative law judge shall make findings of fact
37-18 and conclusions of law and promptly issue to the commissioner of
37-19 public health a proposal for a decision about the occurrence of the
37-20 violation and the amount of a proposed penalty.
37-21 Sec. 248.106. DECISION BY COMMISSIONER. (a) Based on the
37-22 findings of fact, conclusions of law, and proposal for a decision,
37-23 the commissioner of public health by order may:
37-24 (1) find that a violation occurred and impose a
37-25 penalty; or
37-26 (2) find that a violation did not occur.
37-27 (b) The notice of the commissioner's order under Subsection
38-1 (a) that is sent to the person in accordance with Chapter 2001,
38-2 Government Code, must include a statement of the right of the
38-3 person to judicial review of the order.
38-4 Sec. 248.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
38-5 Within 30 days after the date the order of the commissioner of
38-6 public health under Section 248.106 that imposes an administrative
38-7 penalty becomes final, the person shall:
38-8 (1) pay the penalty; or
38-9 (2) file a petition for judicial review of the
38-10 commissioner's order contesting the occurrence of the violation,
38-11 the amount of the penalty, or both.
38-12 Sec. 248.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
38-13 the 30-day period prescribed by Section 248.107, a person who files
38-14 a petition for judicial review may:
38-15 (1) stay enforcement of the penalty by:
38-16 (A) paying the penalty to the court for
38-17 placement in an escrow account; or
38-18 (B) giving the court a supersedeas bond approved
38-19 by the court that:
38-20 (i) is for the amount of the penalty; and
38-21 (ii) is effective until all judicial
38-22 review of the commissioner's order is final; or
38-23 (2) request the court to stay enforcement of the
38-24 penalty by:
38-25 (A) filing with the court a sworn affidavit of
38-26 the person stating that the person is financially unable to pay the
38-27 penalty and is financially unable to give the supersedeas bond; and
39-1 (B) sending a copy of the affidavit to the
39-2 commissioner of public health by certified mail.
39-3 (b) If the commissioner of public health receives a copy of
39-4 an affidavit under Subsection (a)(2), the commissioner may file
39-5 with the court, within five days after the date the copy is
39-6 received, a contest to the affidavit. The court shall hold a
39-7 hearing on the facts alleged in the affidavit as soon as
39-8 practicable and shall stay the enforcement of the penalty on
39-9 finding that the alleged facts are true. The person who files an
39-10 affidavit has the burden of proving that the person is financially
39-11 unable to pay the penalty or to give a supersedeas bond.
39-12 Sec. 248.109. COLLECTION OF PENALTY. (a) If the person
39-13 does not pay the penalty and the enforcement of the penalty is not
39-14 stayed, the penalty may be collected.
39-15 (b) The attorney general may sue to collect the penalty.
39-16 Sec. 248.110. DECISION BY COURT. (a) If the court sustains
39-17 the finding that a violation occurred, the court may uphold or
39-18 reduce the amount of the penalty and order the person to pay the
39-19 full or reduced amount of the penalty.
39-20 (b) If the court does not sustain the finding that a
39-21 violation occurred, the court shall order that a penalty is not
39-22 owed.
39-23 Sec. 248.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
39-24 the person paid the penalty and if the amount of the penalty is
39-25 reduced or the penalty is not upheld by the court, the court shall
39-26 order, when the court's judgment becomes final, that the
39-27 appropriate amount plus accrued interest be remitted to the person
40-1 within 30 days after the date that the judgment of the court
40-2 becomes final.
40-3 (b) The interest accrues at the rate charged on loans to
40-4 depository institutions by the New York Federal Reserve Bank.
40-5 (c) The interest shall be paid for the period beginning on
40-6 the date the penalty is paid and ending on the date the penalty is
40-7 remitted.
40-8 Sec. 248.112. RELEASE OF BOND. (a) If the person gave a
40-9 supersedeas bond and the penalty is not upheld by the court, the
40-10 court shall order, when the court's judgment becomes final, the
40-11 release of the bond.
40-12 (b) If the person gave a supersedeas bond and the amount of
40-13 the penalty is reduced, the court shall order the release of the
40-14 bond after the person pays the reduced amount.
40-15 Sec. 248.113. ADMINISTRATIVE PROCEDURE. A proceeding to
40-16 impose the penalty is considered to be a contested case under
40-17 Chapter 2001, Government Code.
40-18 ARTICLE 6. ABUSABLE GLUES AND AEROSOL PAINTS; ADMINISTRATIVE
40-19 PENALTIES
40-20 SECTION 6.01. Chapter 485, Health and Safety Code, is
40-21 amended by adding Subchapter D to read as follows:
40-22 SUBCHAPTER D. ADMINISTRATIVE PENALTY
40-23 Sec. 485.101. IMPOSITION OF PENALTY. (a) The department
40-24 may impose an administrative penalty on a person who sells abusable
40-25 glue or aerosol paint at retail who violates this chapter or a rule
40-26 or order adopted under this chapter.
40-27 (b) A penalty collected under this subchapter shall be
41-1 deposited in the state treasury in the general revenue fund.
41-2 Sec. 485.102. AMOUNT OF PENALTY. (a) The amount of the
41-3 penalty may not exceed $1,000 for each violation, and each day a
41-4 violation continues or occurs is a separate violation for purposes
41-5 of imposing a penalty. The total amount of the penalty assessed
41-6 for a violation continuing or occurring on separate days under this
41-7 subsection may not exceed $5,000.
41-8 (b) The amount shall be based on:
41-9 (1) the seriousness of the violation, including the
41-10 nature, circumstances, extent, and gravity of the violation;
41-11 (2) the threat to health or safety caused by the
41-12 violation;
41-13 (3) the history of previous violations;
41-14 (4) the amount necessary to deter a future violation;
41-15 (5) whether the violator demonstrated good faith,
41-16 including when applicable whether the violator made good faith
41-17 efforts to correct the violation; and
41-18 (6) any other matter that justice may require.
41-19 Sec. 485.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
41-20 (a) If the department initially determines that a violation
41-21 occurred, the department shall give written notice of the report by
41-22 certified mail to the person.
41-23 (b) The notice must:
41-24 (1) include a brief summary of the alleged violation;
41-25 (2) state the amount of the recommended penalty; and
41-26 (3) inform the person of the person's right to a
41-27 hearing on the occurrence of the violation, the amount of the
42-1 penalty, or both.
42-2 Sec. 485.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
42-3 Within 20 days after the date the person receives the notice sent
42-4 under Section 485.103, the person in writing may:
42-5 (1) accept the determination and recommended penalty
42-6 of the department; or
42-7 (2) make a request for a hearing on the occurrence of
42-8 the violation, the amount of the penalty, or both.
42-9 (b) If the person accepts the determination and recommended
42-10 penalty or if the person fails to respond to the notice, the
42-11 commissioner by order shall approve the determination and impose
42-12 the recommended penalty.
42-13 Sec. 485.105. HEARING. (a) If the person requests a
42-14 hearing, the commissioner shall refer the matter to the State
42-15 Office of Administrative Hearings, which shall promptly set a
42-16 hearing date and give written notice of the time and place of the
42-17 hearing to the person. An administrative law judge of the State
42-18 Office of Administrative Hearings shall conduct the hearing.
42-19 (b) The administrative law judge shall make findings of fact
42-20 and conclusions of law and promptly issue to the commissioner a
42-21 proposal for a decision about the occurrence of the violation and
42-22 the amount of a proposed penalty.
42-23 Sec. 485.106. DECISION BY COMMISSIONER. (a) Based on the
42-24 findings of fact, conclusions of law, and proposal for a decision,
42-25 the commissioner by order may:
42-26 (1) find that a violation occurred and impose a
42-27 penalty; or
43-1 (2) find that a violation did not occur.
43-2 (b) The notice of the commissioner's order under Subsection
43-3 (a) that is sent to the person in accordance with Chapter 2001,
43-4 Government Code, must include a statement of the right of the
43-5 person to judicial review of the order.
43-6 Sec. 485.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
43-7 Within 30 days after the date the order of the commissioner under
43-8 Section 485.106 that imposes an administrative penalty becomes
43-9 final, the person shall:
43-10 (1) pay the penalty; or
43-11 (2) file a petition for judicial review of the
43-12 commissioner's order contesting the occurrence of the violation,
43-13 the amount of the penalty, or both.
43-14 Sec. 485.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
43-15 the 30-day period prescribed by Section 485.107, a person who files
43-16 a petition for judicial review may:
43-17 (1) stay enforcement of the penalty by:
43-18 (A) paying the penalty to the court for
43-19 placement in an escrow account; or
43-20 (B) giving the court a supersedeas bond approved
43-21 by the court that:
43-22 (i) is for the amount of the penalty; and
43-23 (ii) is effective until all judicial
43-24 review of the commissioner's order is final; or
43-25 (2) request the court to stay enforcement of the
43-26 penalty by:
43-27 (A) filing with the court a sworn affidavit of
44-1 the person stating that the person is financially unable to pay the
44-2 penalty and is financially unable to give the supersedeas bond; and
44-3 (B) sending a copy of the affidavit to the
44-4 commissioner by certified mail.
44-5 (b) If the commissioner receives a copy of an affidavit
44-6 under Subsection (a)(2), the commissioner may file with the court,
44-7 within five days after the date the copy is received, a contest to
44-8 the affidavit. The court shall hold a hearing on the facts alleged
44-9 in the affidavit as soon as practicable and shall stay the
44-10 enforcement of the penalty on finding that the alleged facts are
44-11 true. The person who files an affidavit has the burden of proving
44-12 that the person is financially unable to pay the penalty or to give
44-13 a supersedeas bond.
44-14 Sec. 485.109. COLLECTION OF PENALTY. (a) If the person
44-15 does not pay the penalty and the enforcement of the penalty is not
44-16 stayed, the penalty may be collected.
44-17 (b) The attorney general may sue to collect the penalty.
44-18 Sec. 485.110. DECISION BY COURT. (a) If the court sustains
44-19 the finding that a violation occurred, the court may uphold or
44-20 reduce the amount of the penalty and order the person to pay the
44-21 full or reduced amount of the penalty.
44-22 (b) If the court does not sustain the finding that a
44-23 violation occurred, the court shall order that a penalty is not
44-24 owed.
44-25 Sec. 485.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
44-26 the person paid the penalty and if the amount of the penalty is
44-27 reduced or the penalty is not upheld by the court, the court shall
45-1 order, when the court's judgment becomes final, that the
45-2 appropriate amount plus accrued interest be remitted to the person
45-3 within 30 days after the date that the judgment of the court
45-4 becomes final.
45-5 (b) The interest accrues at the rate charged on loans to
45-6 depository institutions by the New York Federal Reserve Bank.
45-7 (c) The interest shall be paid for the period beginning on
45-8 the date the penalty is paid and ending on the date the penalty is
45-9 remitted.
45-10 Sec. 485.112. RELEASE OF BOND. (a) If the person gave a
45-11 supersedeas bond and the penalty is not upheld by the court, the
45-12 court shall order, when the court's judgment becomes final, the
45-13 release of the bond.
45-14 (b) If the person gave a supersedeas bond and the amount of
45-15 the penalty is reduced, the court shall order the release of the
45-16 bond after the person pays the reduced amount.
45-17 Sec. 485.113. ADMINISTRATIVE PROCEDURE. A proceeding to
45-18 impose the penalty is considered to be a contested case under
45-19 Chapter 2001, Government Code.
45-20 ARTICLE 7. HAZARDOUS SUBSTANCES; ADMINISTRATIVE PENALTY
45-21 SECTION 7.01. Chapter 501, Health and Safety Code, is
45-22 amended by adding Subchapter D to read as follows:
45-23 SUBCHAPTER D. ADMINISTRATIVE PENALTY
45-24 Sec. 501.101. IMPOSITION OF PENALTY. (a) The department
45-25 may impose an administrative penalty on a person:
45-26 (1) who manufactures or repacks a hazardous substance
45-27 that is distributed in this state or who distributes a hazardous
46-1 substance in this state; and
46-2 (2) who violates this chapter or a rule or order
46-3 adopted under this chapter.
46-4 (b) A penalty collected under this subchapter shall be
46-5 deposited in the state treasury in the general revenue fund.
46-6 Sec. 501.102. AMOUNT OF PENALTY. (a) The amount of the
46-7 penalty may not exceed $1,000 for each violation, and each day a
46-8 violation continues or occurs is a separate violation for purposes
46-9 of imposing a penalty. The total amount of the penalty assessed
46-10 for a violation continuing or occurring on separate days under this
46-11 subsection may not exceed $5,000.
46-12 (b) The amount shall be based on:
46-13 (1) the seriousness of the violation, including the
46-14 nature, circumstances, extent, and gravity of the violation;
46-15 (2) the threat to health or safety caused by the
46-16 violation;
46-17 (3) the history of previous violations;
46-18 (4) the amount necessary to deter a future violation;
46-19 (5) whether the violator demonstrated good faith,
46-20 including when applicable whether the violator made good faith
46-21 efforts to correct the violation; and
46-22 (6) any other matter that justice may require.
46-23 Sec. 501.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
46-24 (a) If the department initially determines that a violation
46-25 occurred, the department shall give written notice of the report by
46-26 certified mail to the person.
46-27 (b) The notice must:
47-1 (1) include a brief summary of the alleged violation;
47-2 (2) state the amount of the recommended penalty; and
47-3 (3) inform the person of the person's right to a
47-4 hearing on the occurrence of the violation, the amount of the
47-5 penalty, or both.
47-6 Sec. 501.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
47-7 Within 20 days after the date the person receives the notice sent
47-8 under Section 501.103, the person in writing may:
47-9 (1) accept the determination and recommended penalty
47-10 of the department; or
47-11 (2) make a request for a hearing on the occurrence of
47-12 the violation, the amount of the penalty, or both.
47-13 (b) If the person accepts the determination and recommended
47-14 penalty or if the person fails to respond to the notice, the
47-15 commissioner of public health by order shall approve the
47-16 determination and impose the recommended penalty.
47-17 Sec. 501.105. HEARING. (a) If the person requests a
47-18 hearing, the commissioner of public health shall refer the matter
47-19 to the State Office of Administrative Hearings, which shall
47-20 promptly set a hearing date and give written notice of the time and
47-21 place of the hearing to the person. An administrative law judge of
47-22 the State Office of Administrative Hearings shall conduct the
47-23 hearing.
47-24 (b) The administrative law judge shall make findings of fact
47-25 and conclusions of law and promptly issue to the commissioner of
47-26 public health a proposal for a decision about the occurrence of the
47-27 violation and the amount of a proposed penalty.
48-1 Sec. 501.106. DECISION BY COMMISSIONER. (a) Based on the
48-2 findings of fact, conclusions of law, and proposal for a decision,
48-3 the commissioner of public health by order may:
48-4 (1) find that a violation occurred and impose a
48-5 penalty; or
48-6 (2) find that a violation did not occur.
48-7 (b) The notice of the commissioner's order under Subsection
48-8 (a) that is sent to the person in accordance with Chapter 2001,
48-9 Government Code, must include a statement of the right of the
48-10 person to judicial review of the order.
48-11 Sec. 501.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
48-12 Within 30 days after the date an order of the commissioner of
48-13 public health under Section 501.106 that imposes an administrative
48-14 penalty becomes final, the person shall:
48-15 (1) pay the penalty; or
48-16 (2) file a petition for judicial review of the
48-17 commissioner's order contesting the occurrence of the violation,
48-18 the amount of the penalty, or both.
48-19 Sec. 501.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
48-20 the 30-day period prescribed by Section 501.107, a person who files
48-21 a petition for judicial review may:
48-22 (1) stay enforcement of the penalty by:
48-23 (A) paying the penalty to the court for
48-24 placement in an escrow account; or
48-25 (B) giving the court a supersedeas bond approved
48-26 by the court that:
48-27 (i) is for the amount of the penalty; and
49-1 (ii) is effective until all judicial
49-2 review of the commissioner's order is final; or
49-3 (2) request the court to stay enforcement of the
49-4 penalty by:
49-5 (A) filing with the court a sworn affidavit of
49-6 the person stating that the person is financially unable to pay the
49-7 penalty and is financially unable to give the supersedeas bond; and
49-8 (B) giving a copy of the affidavit to the
49-9 commissioner of public health by certified mail.
49-10 (b) If the commissioner of public health receives a copy of
49-11 an affidavit under Subsection (a)(2), the commissioner may file
49-12 with the court, within five days after the date the copy is
49-13 received, a contest to the affidavit. The court shall hold a
49-14 hearing on the facts alleged in the affidavit as soon as
49-15 practicable and shall stay the enforcement of the penalty on
49-16 finding that the alleged facts are true. The person who files an
49-17 affidavit has the burden of proving that the person is financially
49-18 unable to pay the penalty or to give a supersedeas bond.
49-19 Sec. 501.109. COLLECTION OF PENALTY. (a) If the person
49-20 does not pay the penalty and the enforcement of the penalty is not
49-21 stayed, the penalty may be collected.
49-22 (b) The attorney general may sue to collect the penalty.
49-23 Sec. 501.110. DECISION BY COURT. (a) If the court sustains
49-24 the finding that a violation occurred, the court may uphold or
49-25 reduce the amount of the penalty and order the person to pay the
49-26 full or reduced amount of the penalty.
49-27 (b) If the court does not sustain the finding that a
50-1 violation occurred, the court shall order that a penalty is not
50-2 owed.
50-3 Sec. 501.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
50-4 the person paid the penalty and if the amount of the penalty is
50-5 reduced or the penalty is not upheld by the court, the court shall
50-6 order, when the court's judgment becomes final, that the
50-7 appropriate amount plus accrued interest be remitted to the person
50-8 within 30 days after the date that the judgment of the court
50-9 becomes final.
50-10 (b) The interest accrues at the rate charged on loans to
50-11 depository institutions by the New York Federal Reserve Bank.
50-12 (c) The interest shall be paid for the period beginning on
50-13 the date the penalty is paid and ending on the date the penalty is
50-14 remitted.
50-15 Sec. 501.112. RELEASE OF BOND. (a) If the person gave a
50-16 supersedeas bond and the penalty is not upheld by the court, the
50-17 court shall order, when the court's judgment becomes final, the
50-18 release of the bond.
50-19 (b) If the person gave a supersedeas bond and the amount of
50-20 the penalty is reduced, the court shall order the release of the
50-21 bond after the person pays the reduced amount.
50-22 Sec. 501.113. ADMINISTRATIVE PROCEDURE. A proceeding to
50-23 impose the penalty is considered to be a contested case under
50-24 Chapter 2001, Government Code.
50-25 ARTICLE 8. FEES FOR PRIVATE MENTAL HOSPITALS AND CERTAIN OTHER
50-26 MENTAL HEALTH FACILITIES
50-27 SECTION 8.01. Section 577.006, Health and Safety Code, is
51-1 amended to read as follows:
51-2 Sec. 577.006. FEES. (a) The department shall charge each
51-3 hospital an annual license fee for an initial license or a license
51-4 renewal [board by rule shall adopt:]
51-5 [(1) an application fee;]
51-6 [(2) a license fee;]
51-7 [(3) a fee schedule for reviewing the plan of the
51-8 hospital or facility premises; and]
51-9 [(4) a fee schedule for field surveys of construction
51-10 plans].
51-11 (b) The board by rule shall adopt the fees authorized by
51-12 Subsection (a) according to a schedule under which the number of
51-13 beds in the hospital determines the amount of the fee. The fee may
51-14 not exceed $15 a bed. A minimum license fee may be established.
51-15 The minimum fee may not exceed $1,000 [department may establish
51-16 staggered license renewal dates and dates on which fees are due].
51-17 (c) The board by rule shall adopt fees for hospital plan
51-18 reviews according to a schedule under which the amounts of the fees
51-19 are based on the estimated construction costs. [A fee adopted
51-20 under this chapter must be based on the estimated cost to and the
51-21 level of effort expended by the department to conduct the activity
51-22 for which the fee is imposed.]
51-23 (d) The fees imposed under the schedule may not exceed the
51-24 following:
51-25 Cost of Construction Fee
51-26 (1) $ 100,000 or less $ 500
51-27 (2) $ 100,001 - $ 600,000 $1,500
52-1 (3) $ 600,001 - $ 2,000,000 $3,000
52-2 (4) $ 2,000,001 - $ 5,000,000 $4,500
52-3 (5) $ 5,000,001 - $10,000,000 $6,000
52-4 (6) $10,000,001 and over $7,500
52-5 [The fees should be designed to recover all of the department's
52-6 cost in granting the initial license and in renewing the license,
52-7 but may not exceed $250.]
52-8 (e) The department shall charge a fee for field surveys of
52-9 construction plans reviewed under this section. The board by rule
52-10 shall adopt a fee schedule for the surveys that provides a minimum
52-11 fee of $500 and a maximum fee of $1,000 for each survey conducted
52-12 [fee for a plan review or field survey may not exceed $650].
52-13 (f) The department annually shall review the fee schedules
52-14 to ensure that the fees charged are based on the estimated costs to
52-15 and level of effort expended by the department.
52-16 (g) The department may establish staggered license renewal
52-17 dates and dates on which fees are due.
52-18 (h) A fee adopted under this chapter must be based on the
52-19 estimated cost to and level of effort expended by the department to
52-20 conduct the activity for which the fee is imposed.
52-21 (i) All license fees collected shall be deposited in the
52-22 state treasury to the credit of the department to administer and
52-23 enforce this chapter. These fees may be appropriated only to the
52-24 department. [Fees collected under this chapter shall be deposited
52-25 in the state treasury in a separate fund and may be appropriated
52-26 for salaries, maintenance, travel expenses, repairs, printing,
52-27 postage, and other uses and purposes prescribed by this subtitle.]
53-1 ARTICLE 9. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
53-2 RADIATION ADVISORY BOARD
53-3 SECTION 9.01. Section 401.015, Health and Safety Code, is
53-4 amended by adding Subsections (d), (e), and (f) to read as follows:
53-5 (d) In this subsection, "Texas trade association" means a
53-6 cooperative and voluntarily joined association of business or
53-7 professional competitors in this state designed to assist its
53-8 members and its industry or profession in dealing with mutual
53-9 business or professional problems and in promoting their common
53-10 interest. A person may not be a member of the advisory board if:
53-11 (1) the person is an officer, employee, or paid
53-12 consultant of a Texas trade association in the field of health
53-13 physics or radiological health; or
53-14 (2) the person's spouse is an officer, manager, or
53-15 paid consultant of a Texas trade association in the field of health
53-16 physics or radiological health.
53-17 (e) A person may not be a member of the advisory board or
53-18 act as the general counsel to the advisory board if the person is
53-19 required to register as a lobbyist under Chapter 305, Government
53-20 Code, because of the person's activities for compensation on behalf
53-21 of a profession related to the operation of the advisory board.
53-22 (f) Appointments to the advisory board shall be made without
53-23 regard to the race, color, disability, sex, religion, age, or
53-24 national origin of the appointees.
53-25 SECTION 9.02. Subchapter B, Chapter 401, Health and Safety
53-26 Code, is amended by adding Sections 401.0151 through 401.0153 to
53-27 read as follows:
54-1 Sec. 401.0151. TRAINING FOR ADVISORY BOARD MEMBERS. (a) A
54-2 person who is appointed to and qualifies for office as a member of
54-3 the advisory board may not vote, deliberate, or be counted as a
54-4 member in attendance at a meeting of the advisory board until the
54-5 person completes a training program that complies with this
54-6 section.
54-7 (b) The training program must provide the person with
54-8 information regarding:
54-9 (1) the legislation that created the advisory board;
54-10 (2) the role and functions of the advisory board;
54-11 (3) the rules of the advisory board and applicable
54-12 rules of the department, with an emphasis on the rules that relate
54-13 to disciplinary and investigatory authority;
54-14 (4) the requirements of:
54-15 (A) the open meetings law, Chapter 551,
54-16 Government Code;
54-17 (B) the public information law, Chapter 552,
54-18 Government Code;
54-19 (C) the administrative procedure law, Chapter
54-20 2001, Government Code; and
54-21 (D) other laws relating to public officials,
54-22 including conflict-of-interest laws; and
54-23 (5) any applicable ethics policies adopted by the
54-24 advisory board or the Texas Ethics Commission.
54-25 (c) A person appointed to the advisory board is entitled to
54-26 reimbursement, as provided by the General Appropriations Act, for
54-27 the travel expenses incurred in attending the training program
55-1 regardless of whether the attendance at the program occurs before
55-2 or after the person qualifies for office.
55-3 Sec. 401.0152. INFORMATION ABOUT STANDARDS OF CONDUCT. The
55-4 commissioner or the commissioner's designee shall provide to
55-5 members of the advisory board, as often as necessary, information
55-6 regarding the requirements for office under this subchapter,
55-7 including information regarding a person's responsibilities under
55-8 applicable laws relating to standards of conduct for state
55-9 officers.
55-10 Sec. 401.0153. GROUNDS FOR REMOVAL. (a) It is a ground for
55-11 removal from the advisory board that a member:
55-12 (1) does not have at the time of taking office the
55-13 qualifications required by Section 401.015(a);
55-14 (2) does not maintain during service on the advisory
55-15 board the qualifications required by Section 401.015(a);
55-16 (3) is ineligible for membership under Section
55-17 401.015(c), (d), or (e);
55-18 (4) cannot, because of illness or disability,
55-19 discharge the member's duties for a substantial part of the
55-20 member's term; or
55-21 (5) is absent from more than half of the regularly
55-22 scheduled advisory board meetings that the member is eligible to
55-23 attend during a calendar year without an excuse approved by a
55-24 majority vote of the advisory board.
55-25 (b) The validity of an action of the advisory board is not
55-26 affected by the fact that it is taken when a ground for removal of
55-27 an advisory board member exists.
56-1 (c) If the commissioner has knowledge that a potential
56-2 ground for removal exists, the commissioner shall notify the
56-3 advisory board chairman of the potential ground. The advisory
56-4 board chairman shall then notify the governor and the attorney
56-5 general that a potential ground for removal exists. If the
56-6 potential ground for removal involves the advisory board chairman,
56-7 the commissioner shall notify the next highest ranking officer of
56-8 the advisory board, who shall then notify the governor and the
56-9 attorney general that a potential ground for removal exists.
56-10 SECTION 9.03. Section 401.016, Health and Safety Code, is
56-11 amended to read as follows:
56-12 Sec. 401.016. OFFICERS. (a) The governor shall designate a
56-13 member of the advisory board as the advisory board chairman to
56-14 serve in that capacity at the will of the governor.
56-15 (b) The advisory board shall elect from its members a
56-16 [chairman,] vice-chairman[,] and secretary.
56-17 SECTION 9.04. Subchapter B, Chapter 401, Health and Safety
56-18 Code, is amended by adding Section 401.0181 to read as follows:
56-19 Sec. 401.0181. PUBLIC TESTIMONY. The advisory board shall
56-20 develop and implement policies that provide the public with a
56-21 reasonable opportunity to appear before the advisory board and to
56-22 speak on any issue under the jurisdiction of the advisory board.
56-23 SECTION 9.05. The changes in law made by this Act in the
56-24 prohibitions applying to members of the radiation advisory board do
56-25 not affect the entitlement of a member serving on the board
56-26 immediately before September 1, 1999, to continue to serve and
56-27 function as a member of the board for the remainder of the member's
57-1 term. The changes in law apply only to a member appointed on or
57-2 after September 1, 1999. The changes in law made by this Act do
57-3 not prohibit a person who is a member of the board immediately
57-4 before September 1, 1999, from being reappointed to the board if
57-5 the person is eligible to serve as a member under Chapter 401,
57-6 Health and Safety Code, as amended by this Act.
57-7 ARTICLE 10. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
57-8 COUNCIL ON ALZHEIMER'S DISEASE
57-9 SECTION 10.01. Section 101.002, Health and Safety Code, is
57-10 amended by amending Subsection (c) and adding Subsection (d) to
57-11 read as follows:
57-12 (c) The governor shall designate a member [members] of the
57-13 council who is not [shall annually elect a chairman from the
57-14 council, except that] an agency representative as the chairman of
57-15 the council to serve in that capacity at the will of the governor
57-16 [may not serve as the chairman].
57-17 (d) Appointments to the council shall be made without regard
57-18 to the race, color, disability, sex, religion, age, or national
57-19 origin of the appointees.
57-20 SECTION 10.02. Chapter 101, Health and Safety Code, is
57-21 amended by adding Sections 101.0021 through 101.0023 to read as
57-22 follows:
57-23 Sec. 101.0021. CONFLICT OF INTEREST. (a) In this section,
57-24 "Texas trade association" means a cooperative and voluntarily
57-25 joined association of business or professional competitors in this
57-26 state designed to assist its members and its industry or profession
57-27 in dealing with mutual business or professional problems and in
58-1 promoting their common interest.
58-2 (b) A person may not be a member of the council if:
58-3 (1) the person is an officer, employee, or paid
58-4 consultant of a Texas trade association in the field of medicine;
58-5 or
58-6 (2) the person's spouse is an officer, manager, or
58-7 paid consultant of a Texas trade association in the field of
58-8 medicine.
58-9 (c) A person may not be a member of the council if the
58-10 person is required to register as a lobbyist under Chapter 305,
58-11 Government Code, because of the person's activities for
58-12 compensation on behalf of a profession related to the operation of
58-13 the council.
58-14 Sec. 101.0022. GROUNDS FOR REMOVAL. (a) It is a ground for
58-15 removal from the council that a member:
58-16 (1) does not have at the time of taking office the
58-17 qualifications required by Section 101.002(a);
58-18 (2) does not maintain during service on the council
58-19 the qualifications required by Section 101.002(a);
58-20 (3) is ineligible for membership under Section
58-21 101.0021;
58-22 (4) cannot, because of illness or disability,
58-23 discharge the member's duties for a substantial part of the
58-24 member's term; or
58-25 (5) is absent from more than half of the regularly
58-26 scheduled council meetings that the member is eligible to attend
58-27 during a calendar year without an excuse approved by a majority
59-1 vote of the council.
59-2 (b) The validity of an action of the council is not affected
59-3 by the fact that it is taken when a ground for removal of a council
59-4 member exists.
59-5 (c) If the commissioner has knowledge that a potential
59-6 ground for removal exists, the commissioner shall notify the
59-7 chairman of the council of the potential ground. The chairman
59-8 shall then notify the governor and the attorney general that a
59-9 potential ground for removal exists. If the potential ground for
59-10 removal involves the chairman, the commissioner shall notify the
59-11 next highest ranking officer of the council, who shall then notify
59-12 the governor and the attorney general that a potential ground for
59-13 removal exists.
59-14 Sec. 101.0023. TRAINING. (a) A person who is appointed to
59-15 and qualifies for office as a member of the council may not vote,
59-16 deliberate, or be counted as a member in attendance at a meeting of
59-17 the council until the person completes a training program that
59-18 complies with this section.
59-19 (b) The training program must provide the person with
59-20 information regarding:
59-21 (1) the legislation that created the council;
59-22 (2) the programs operated by the council;
59-23 (3) the role and functions of the council;
59-24 (4) the rules of the council;
59-25 (5) the current budget for the council;
59-26 (6) the results of the most recent formal audit of the
59-27 council;
60-1 (7) the requirements of:
60-2 (A) the open meetings law, Chapter 551,
60-3 Government Code;
60-4 (B) the public information law, Chapter 552,
60-5 Government Code;
60-6 (C) the administrative procedure law, Chapter
60-7 2001, Government Code; and
60-8 (D) other laws relating to public officials,
60-9 including conflict-of-interest laws; and
60-10 (8) any applicable ethics policies adopted by the
60-11 council or the Texas Ethics Commission.
60-12 (c) A person appointed to the council is entitled to
60-13 reimbursement, as provided by the General Appropriations Act, for
60-14 the travel expenses incurred in attending the training program
60-15 regardless of whether the attendance at the program occurs before
60-16 or after the person qualifies for office.
60-17 SECTION 10.03. Chapter 101, Health and Safety Code, is
60-18 amended by adding Section 101.0065 to read as follows:
60-19 Sec. 101.0065. PUBLIC TESTIMONY. The council shall develop
60-20 and implement policies that provide the public with a reasonable
60-21 opportunity to appear before the council and to speak on any issue
60-22 under the jurisdiction of the council.
60-23 SECTION 10.04. Chapter 101, Health and Safety Code, is
60-24 amended by adding Section 101.0075 to read as follows:
60-25 Sec. 101.0075. DIVISION OF POLICY AND MANAGEMENT
60-26 RESPONSIBILITIES. The council shall develop and implement policies
60-27 that clearly separate the policymaking responsibilities of the
61-1 council and the management responsibilities of the commissioner and
61-2 the staff of the department.
61-3 SECTION 10.05. Chapter 101, Health and Safety Code, is
61-4 amended by adding Section 101.0081 to read as follows:
61-5 Sec. 101.0081. INFORMATION ABOUT STANDARDS OF CONDUCT. The
61-6 commissioner or the commissioner's designee shall provide to
61-7 members of the council, as often as necessary, information
61-8 regarding the requirements for office under this chapter, including
61-9 information regarding a person's responsibilities under applicable
61-10 laws relating to standards of conduct for state officers.
61-11 SECTION 10.06. The changes in law made by this Act in the
61-12 prohibitions applying to members of the Texas Council on
61-13 Alzheimer's Disease and Related Disorders do not affect the
61-14 entitlement of a member serving on the council immediately before
61-15 September 1, 1999, to continue to serve and function as a member of
61-16 the council for the remainder of the member's term. The changes in
61-17 law apply only to a member appointed on or after September 1, 1999.
61-18 The changes in law made by this Act do not prohibit a person who is
61-19 a member of the council immediately before September 1, 1999, from
61-20 being reappointed to the council if the person is eligible to serve
61-21 as a member under Chapter 101, Health and Safety Code, as amended
61-22 by this Act.
61-23 ARTICLE 11. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
61-24 TO THE STATEWIDE HEALTH COORDINATING COUNCIL
61-25 SECTION 11.01. Section 104.011, Health and Safety Code, is
61-26 amended by adding Subsections (c) and (d) to read as follows:
61-27 (c) The governor shall designate a member of the council as
62-1 the presiding officer of the council to serve in that capacity at
62-2 the will of the governor.
62-3 (d) Appointments to the council shall be made without regard
62-4 to the race, color, disability, sex, religion, age, or national
62-5 origin of the appointees.
62-6 SECTION 11.02. Subchapter B, Chapter 104, Health and Safety
62-7 Code, is amended by adding Sections 104.0111 through 104.0113 to
62-8 read as follows:
62-9 Sec. 104.0111. CONFLICT OF INTEREST. (a) In this section,
62-10 "Texas trade association" means a cooperative and voluntarily
62-11 joined association of business or professional competitors in this
62-12 state designed to assist its members and its industry or profession
62-13 in dealing with mutual business or professional problems and in
62-14 promoting their common interest.
62-15 (b) A person may not be a member of the statewide health
62-16 coordinating council if:
62-17 (1) the person is an officer, employee, or paid
62-18 consultant of a Texas trade association in the field of medicine;
62-19 or
62-20 (2) the person's spouse is an officer, manager, or
62-21 paid consultant of a Texas trade association in the field of
62-22 medicine.
62-23 (c) A person may not be a member of the council if the
62-24 person is required to register as a lobbyist under Chapter 305,
62-25 Government Code, because of the person's activities for
62-26 compensation on behalf of a profession related to the operation of
62-27 the council.
63-1 Sec. 104.0112. GROUNDS FOR REMOVAL. (a) It is a ground for
63-2 removal from the statewide health coordinating council that a
63-3 member:
63-4 (1) does not have at the time of taking office the
63-5 qualifications required by Section 104.011(a);
63-6 (2) does not maintain during service on the council
63-7 the qualifications required by Section 104.011(a);
63-8 (3) is ineligible for membership under Section
63-9 104.0111;
63-10 (4) cannot, because of illness or disability,
63-11 discharge the member's duties for a substantial part of the
63-12 member's term; or
63-13 (5) is absent from more than half of the regularly
63-14 scheduled council meetings that the member is eligible to attend
63-15 during a calendar year without an excuse approved by a majority
63-16 vote of the council.
63-17 (b) The validity of an action of the council is not affected
63-18 by the fact that it is taken when a ground for removal of a council
63-19 member exists.
63-20 (c) If the commissioner has knowledge that a potential
63-21 ground for removal exists, the commissioner shall notify the
63-22 presiding officer of the council of the potential ground. The
63-23 presiding officer shall then notify the governor and the attorney
63-24 general that a potential ground for removal exists. If the
63-25 potential ground for removal involves the presiding officer, the
63-26 commissioner shall notify the next highest ranking officer of the
63-27 council, who shall then notify the governor and the attorney
64-1 general that a potential ground for removal exists.
64-2 Sec. 104.0113. TRAINING. (a) A person who is appointed to
64-3 and qualifies for office as a member of the statewide health
64-4 coordinating council may not vote, deliberate, or be counted as a
64-5 member in attendance at a meeting of the council until the person
64-6 completes a training program that complies with this section.
64-7 (b) The training program must provide the person with
64-8 information regarding:
64-9 (1) the legislation that created the council;
64-10 (2) the programs operated by the council;
64-11 (3) the role and functions of the council;
64-12 (4) the rules of the council;
64-13 (5) the current budget for the council;
64-14 (6) the results of the most recent formal audit of the
64-15 council;
64-16 (7) the requirements of:
64-17 (A) the open meetings law, Chapter 551,
64-18 Government Code;
64-19 (B) the public information law, Chapter 552,
64-20 Government Code;
64-21 (C) the administrative procedure law, Chapter
64-22 2001, Government Code; and
64-23 (D) other laws relating to public officials,
64-24 including conflict-of-interest laws; and
64-25 (8) any applicable ethics policies adopted by the
64-26 council or the Texas Ethics Commission.
64-27 (c) A person appointed to the council is entitled to
65-1 reimbursement, as provided by the General Appropriations Act, for
65-2 the travel expenses incurred in attending the training program
65-3 regardless of whether the attendance at the program occurs before
65-4 or after the person qualifies for office.
65-5 SECTION 11.03. Subchapter B, Chapter 104, Health and Safety
65-6 Code, is amended by adding Sections 104.0141 and 104.0142 to read
65-7 as follows:
65-8 Sec. 104.0141. DIVISION OF POLICY AND MANAGEMENT
65-9 RESPONSIBILITIES. The statewide health coordinating council shall
65-10 develop and implement policies that clearly separate the
65-11 policymaking responsibilities of the council and the management
65-12 responsibilities of the commissioner and the staff of the
65-13 department.
65-14 Sec. 104.0142. INFORMATION ABOUT STANDARDS OF CONDUCT. The
65-15 commissioner or the commissioner's designee shall provide to
65-16 members of the statewide health coordinating council, as often as
65-17 necessary, information regarding the requirements for office under
65-18 this chapter, including information regarding a person's
65-19 responsibilities under applicable laws relating to standards of
65-20 conduct for state officers.
65-21 SECTION 11.04. Subchapter B, Chapter 104, Health and Safety
65-22 Code, is amended by adding Section 104.016 to read as follows:
65-23 Sec. 104.016. PUBLIC TESTIMONY. The statewide health
65-24 coordinating council shall develop and implement policies that
65-25 provide the public with a reasonable opportunity to appear before
65-26 the council and to speak on any issue under the jurisdiction of the
65-27 council.
66-1 SECTION 11.05. The changes in law made by this Act in the
66-2 prohibitions applying to members of the statewide health
66-3 coordinating council do not affect the entitlement of a member
66-4 serving on the council immediately before September 1, 1999, to
66-5 continue to serve and function as a member of the council for the
66-6 remainder of the member's term. The changes in law apply only to a
66-7 member appointed on or after September 1, 1999. The changes in law
66-8 made by this Act do not prohibit a person who is a member of the
66-9 council immediately before September 1, 1999, from being
66-10 reappointed to the council if the person is eligible to serve as a
66-11 member under Chapter 104, Health and Safety Code, as amended by
66-12 this Act.
66-13 ARTICLE 12. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
66-14 TO THE TEXAS DIABETES COUNCIL
66-15 SECTION 12.01. Section 103.002(d), Health and Safety Code,
66-16 is amended to read as follows:
66-17 (d) Appointments to the council shall be made without regard
66-18 to the race, color, disability, creed, sex, religion, age, or
66-19 national origin of the appointees.
66-20 SECTION 12.02. Section 103.006, Health and Safety Code, is
66-21 amended to read as follows:
66-22 Sec. 103.006. CHAIRMAN. The governor shall designate a
66-23 member of the council as the [Council members shall annually elect
66-24 one citizen member to serve as] chairman of the council to serve in
66-25 that capacity at the will of the governor.
66-26 SECTION 12.03. Chapter 103, Health and Safety Code, is
66-27 amended by adding Sections 103.0024 and 103.0025 to read as
67-1 follows:
67-2 Sec. 103.0024. TRAINING. (a) A person who is appointed to
67-3 and qualifies for office as a member of the council may not vote,
67-4 deliberate, or be counted as a member in attendance at a meeting of
67-5 the council until the person completes a training program that
67-6 complies with this section.
67-7 (b) The training program must provide the person with
67-8 information regarding:
67-9 (1) the legislation that created the council;
67-10 (2) the programs operated by the council;
67-11 (3) the role and functions of the council;
67-12 (4) the rules of the council;
67-13 (5) the current budget for the council;
67-14 (6) the results of the most recent formal audit of the
67-15 council;
67-16 (7) the requirements of:
67-17 (A) the open meetings law, Chapter 551,
67-18 Government Code;
67-19 (B) the public information law, Chapter 552,
67-20 Government Code;
67-21 (C) the administrative procedure law, Chapter
67-22 2001, Government Code; and
67-23 (D) other laws relating to public officials,
67-24 including conflict-of-interest laws; and
67-25 (8) any applicable ethics policies adopted by the
67-26 council or the Texas Ethics Commission.
67-27 (c) A person appointed to the council is entitled to
68-1 reimbursement, as provided by the General Appropriations Act, for
68-2 the travel expenses incurred in attending the training program
68-3 regardless of whether the attendance at the program occurs before
68-4 or after the person qualifies for office.
68-5 Sec. 103.0025. INFORMATION ABOUT STANDARDS OF CONDUCT. The
68-6 commissioner or the commissioner's designee shall provide to
68-7 members of the council, as often as necessary, information
68-8 regarding the requirements for office under this chapter, including
68-9 information regarding a person's responsibilities under applicable
68-10 laws relating to standards of conduct for state officers.
68-11 SECTION 12.04. Chapter 103, Health and Safety Code, is
68-12 amended by adding Section 103.0105 to read as follows:
68-13 Sec. 103.0105. DIVISION OF POLICY AND MANAGEMENT
68-14 RESPONSIBILITIES. The council shall develop and implement policies
68-15 that clearly separate the policymaking responsibilities of the
68-16 council and the management responsibilities of the commissioner and
68-17 the staff of the department.
68-18 SECTION 12.05. The changes in law made by this Act in the
68-19 prohibitions applying to members of the Texas Diabetes Council do
68-20 not affect the entitlement of a member serving on the council
68-21 immediately before September 1, 1999, to continue to serve and
68-22 function as a member of the council for the remainder of the
68-23 member's term. The changes in law apply only to a member appointed
68-24 on or after September 1, 1999.
68-25 ARTICLE 13. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
68-26 TO THE ADVISORY BOARD OF ATHLETIC TRAINERS
68-27 SECTION 13.01. Section 2, Chapter 498, Acts of the 62nd
69-1 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
69-2 Civil Statutes), is amended by amending Subsections (a) and (b) and
69-3 adding Subsection (e) to read as follows:
69-4 (a) The Advisory Board of Athletic Trainers, composed of six
69-5 members, is created. The board is created as a part of the Texas
69-6 [State] Department of Health and shall perform its duties as a
69-7 board within the Texas [State] Department of Health. To qualify as
69-8 a member, a person must be a citizen of the United States and a
69-9 resident of Texas for five years immediately preceding appointment.
69-10 Four members [Members] must be licensed athletic trainers. Two
69-11 members must be representatives of the general public. A person
69-12 may not be a public member of the board if the person or the
69-13 person's spouse:
69-14 (1) is registered, certified, or licensed by a
69-15 regulatory agency in the field of athletic training;
69-16 (2) is employed by or participates in the management
69-17 of a business entity or other organization regulated by or
69-18 receiving money from the board;
69-19 (3) owns or controls, directly or indirectly, more
69-20 than a 10 percent interest in a business entity or other
69-21 organization regulated by or receiving money from the board; or
69-22 (4) uses or receives a substantial amount of tangible
69-23 goods, services, or money from the board other than compensation or
69-24 reimbursement authorized by law for board membership, attendance,
69-25 or expenses.
69-26 (b) The members of the board shall be appointed by the
69-27 governor with the advice and consent of the Senate. Members
70-1 [Except for the initial appointees, members] hold office for terms
70-2 of six years. The terms of two members expire on January 31 of
70-3 each odd-numbered year [years].
70-4 (e) Appointments to the board shall be made without regard
70-5 to the race, color, disability, sex, religion, age, or national
70-6 origin of the appointees.
70-7 SECTION 13.02. Chapter 498, Acts of the 62nd Legislature,
70-8 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
70-9 Statutes), is amended by adding Sections 2B, 2C, 2D, 2E, and 2F to
70-10 read as follows:
70-11 Sec. 2B. CONFLICT OF INTEREST. (a) In this section, "Texas
70-12 trade association" means a cooperative and voluntarily joined
70-13 association of business or professional competitors in this state
70-14 designed to assist its members and its industry or profession in
70-15 dealing with mutual business or professional problems and in
70-16 promoting their common interest.
70-17 (b) A person may not be a member of the board if:
70-18 (1) the person is an officer, employee, or paid
70-19 consultant of a Texas trade association in the field of athletic
70-20 training; or
70-21 (2) the person's spouse is an officer, manager, or
70-22 paid consultant of a Texas trade association in the field of
70-23 athletic training.
70-24 (c) A person may not be a member of the board if the person
70-25 is required to register as a lobbyist under Chapter 305, Government
70-26 Code, because of the person's activities for compensation on behalf
70-27 of a profession related to the operation of the board.
71-1 Sec. 2C. GROUNDS FOR REMOVAL. (a) It is a ground for
71-2 removal from the board that a member:
71-3 (1) does not have at the time of taking office the
71-4 qualifications required by Subsection (a) of Section 2 of this Act;
71-5 (2) does not maintain during service on the board the
71-6 qualifications required by Subsection (a) of Section 2 of this Act;
71-7 (3) is ineligible for membership under Section 2B of
71-8 this Act;
71-9 (4) cannot, because of illness or disability,
71-10 discharge the member's duties for a substantial part of the
71-11 member's term; or
71-12 (5) is absent from more than half of the regularly
71-13 scheduled board meetings that the member is eligible to attend
71-14 during a calendar year without an excuse approved by a majority
71-15 vote of the board.
71-16 (b) The validity of an action of the board is not affected
71-17 by the fact that it is taken when a ground for removal of a board
71-18 member exists.
71-19 (c) If the commissioner of public health has knowledge that
71-20 a potential ground for removal exists, the commissioner shall
71-21 notify the chairman of the board of the potential ground. The
71-22 chairman shall then notify the governor and the attorney general
71-23 that a potential ground for removal exists. If the potential
71-24 ground for removal involves the chairman, the commissioner shall
71-25 notify the next highest ranking officer of the board, who shall
71-26 then notify the governor and the attorney general that a potential
71-27 ground for removal exists.
72-1 Sec. 2D. TRAINING. (a) A person who is appointed to and
72-2 qualifies for office as a member of the board may not vote,
72-3 deliberate, or be counted as a member in attendance at a meeting of
72-4 the board until the person completes a training program that
72-5 complies with this section.
72-6 (b) The training program must provide the person with
72-7 information regarding:
72-8 (1) the legislation that created the board;
72-9 (2) the programs operated by the board;
72-10 (3) the role and functions of the board;
72-11 (4) the rules of the board, with an emphasis on the
72-12 rules that relate to disciplinary and investigatory authority;
72-13 (5) the current budget for the board;
72-14 (6) the results of the most recent formal audit of the
72-15 board;
72-16 (7) the requirements of:
72-17 (A) the open meetings law, Chapter 551,
72-18 Government Code;
72-19 (B) the public information law, Chapter 552,
72-20 Government Code;
72-21 (C) the administrative procedure law, Chapter
72-22 2001, Government Code; and
72-23 (D) other laws relating to public officials,
72-24 including conflict-of-interest laws; and
72-25 (8) any applicable ethics policies adopted by the
72-26 board or the Texas Ethics Commission.
72-27 (c) A person appointed to the board is entitled to
73-1 reimbursement, as provided by the General Appropriations Act, for
73-2 the travel expenses incurred in attending the training program
73-3 regardless of whether the attendance at the program occurs before
73-4 or after the person qualifies for office.
73-5 Sec. 2E. INFORMATION ABOUT STANDARDS OF CONDUCT. The
73-6 commissioner of public health or the commissioner's designee shall
73-7 provide to members of the board, as often as necessary, information
73-8 regarding the requirements for office under this Act, including
73-9 information regarding a person's responsibilities under applicable
73-10 laws relating to standards of conduct for state officers.
73-11 Sec. 2F. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.
73-12 The board shall develop and implement policies that clearly
73-13 separate the policymaking responsibilities of the board and the
73-14 management responsibilities of the commissioner of public health
73-15 and the staff of the Texas Department of Health.
73-16 SECTION 13.03. Section 3, Chapter 498, Acts of the 62nd
73-17 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
73-18 Civil Statutes), is amended by amending Subsection (a) and adding
73-19 Subsection (d) to read as follows:
73-20 (a) The governor shall designate a member of the board as
73-21 the chairman of the board to serve in that capacity at the will of
73-22 the governor. The board shall elect from its members for a term of
73-23 one year[,] a [chairman,] vice chairman[,] and secretary-treasurer,
73-24 and may appoint such committees as it considers necessary to carry
73-25 out its duties.
73-26 (d) The board shall develop and implement policies that
73-27 provide the public with a reasonable opportunity to appear before
74-1 the board and to speak on any issue under the jurisdiction of the
74-2 board.
74-3 SECTION 13.04. Chapter 498, Acts of the 62nd Legislature,
74-4 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
74-5 Statutes), is amended by adding Section 4A to read as follows:
74-6 Sec. 4A. COMPLAINTS. (a) The board shall maintain a file
74-7 on each written complaint filed with the board. The file must
74-8 include:
74-9 (1) the name of the person who filed the complaint;
74-10 (2) the date the complaint is received by the board;
74-11 (3) the subject matter of the complaint;
74-12 (4) the name of each person contacted in relation to
74-13 the complaint;
74-14 (5) a summary of the results of the review or
74-15 investigation of the complaint; and
74-16 (6) an explanation of the reason the file was closed,
74-17 if the board closed the file without taking action other than to
74-18 investigate the complaint.
74-19 (b) The board shall provide to the person filing the
74-20 complaint and to each person who is a subject of the complaint a
74-21 copy of the board's policies and procedures relating to complaint
74-22 investigation and resolution.
74-23 (c) The board, at least quarterly until final disposition of
74-24 the complaint, shall notify the person filing the complaint and
74-25 each person who is a subject of the complaint of the status of the
74-26 investigation unless the notice would jeopardize an undercover
74-27 investigation.
75-1 SECTION 13.05. Section 5, Chapter 498, Acts of the 62nd
75-2 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
75-3 Civil Statutes), is amended by amending Subsection (c) and adding
75-4 Subsection (j) to read as follows:
75-5 (c) The board shall [establish guidelines, which may include
75-6 requirements for continuing education, for athletic trainers in the
75-7 state and] prepare and conduct an examination for applicants for a
75-8 license.
75-9 (j) The board shall recognize, prepare, or administer
75-10 continuing education programs for its license holders. A license
75-11 holder must participate in the programs to the extent required by
75-12 the board to keep the person's license.
75-13 SECTION 13.06. Chapter 498, Acts of the 62nd Legislature,
75-14 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
75-15 Statutes), is amended by adding Section 5A to read as follows:
75-16 Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
75-17 (a) The board may not adopt rules restricting advertising or
75-18 competitive bidding by a license holder except to prohibit false,
75-19 misleading, or deceptive practices.
75-20 (b) In its rules to prohibit false, misleading, or deceptive
75-21 practices, the board may not include a rule that:
75-22 (1) restricts the use of any medium for advertising;
75-23 (2) restricts the use of a license holder's personal
75-24 appearance or voice in an advertisement;
75-25 (3) relates to the size or duration of an
75-26 advertisement by the license holder; or
75-27 (4) restricts the license holder's advertisement under
76-1 a trade name.
76-2 SECTION 13.07. Section 11, Chapter 498, Acts of the 62nd
76-3 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
76-4 Civil Statutes), is amended by amending Subsections (b)-(e) to read
76-5 as follows:
76-6 (b) A person who is otherwise eligible to renew a license
76-7 may renew an unexpired license by paying to the board before the
76-8 expiration date of the license the required renewal fee. A person
76-9 whose license has expired may not engage in activities that require
76-10 a license until the license has been renewed.
76-11 (c) If a person's license has been expired for not longer
76-12 than 90 days, the person may renew the license by paying to the
76-13 board a renewal fee that is 1-1/2 times the normally required
76-14 renewal fee [and a fee that is one-half of the examination fee for
76-15 the license].
76-16 (d) If a person's license has been expired for longer than
76-17 90 days but less than one year [two years], the person may renew
76-18 the license by paying to the board [all unpaid renewal fees and] a
76-19 renewal fee that is equal to two times the normally required
76-20 renewal [the examination] fee for the license.
76-21 (e) If a person's license has been expired for one year [two
76-22 years] or longer, the person may not renew the license. The person
76-23 may obtain a new license by submitting to reexamination and
76-24 complying with the requirements and procedures for obtaining an
76-25 original license. However, the board may renew without
76-26 reexamination an expired license of a person who was licensed in
76-27 Texas, moved to another state, and is currently licensed and has
77-1 been in practice in the other state for the two years preceding the
77-2 date of application. The person must pay to the board a fee that
77-3 is equal to two times the normally required renewal [the
77-4 examination] fee for the license.
77-5 SECTION 13.08. Section 12, Chapter 498, Acts of the 62nd
77-6 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
77-7 Civil Statutes), is amended to read as follows:
77-8 Sec. 12. GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
77-9 LICENSE. (a) The board may refuse to issue a license to an
77-10 applicant and shall reprimand a licensee or [may] suspend, [or]
77-11 revoke, or refuse to renew the license of any licensee if he has:
77-12 (1) been convicted of a felony or misdemeanor
77-13 involving moral turpitude, the record of conviction being
77-14 conclusive evidence of conviction; [or]
77-15 (2) secured [secure] the license by fraud or deceit;
77-16 or
77-17 (3) violated or conspired to violate the provisions of
77-18 this Act or rules and regulations issued pursuant to this Act.
77-19 (b) The board may place on probation a person whose license
77-20 is suspended. If a suspension is probated, the board may require
77-21 the person:
77-22 (1) to report regularly to the board on matters that
77-23 are the basis of the probation;
77-24 (2) to limit practice to the areas prescribed by the
77-25 board; or
77-26 (3) to continue or review professional education until
77-27 the person attains a degree of skill satisfactory to the board in
78-1 those areas that are the basis of the probation.
78-2 SECTION 13.09. Chapter 498, Acts of the 62nd Legislature,
78-3 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
78-4 Statutes), is amended by adding Sections 15A and 15B to read as
78-5 follows:
78-6 Sec. 15A. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
78-7 board may impose an administrative penalty on a person licensed
78-8 under this Act who violates this Act or a rule or order adopted
78-9 under this Act. A penalty collected under this section or Section
78-10 15B of this Act shall be deposited in the state treasury in the
78-11 general revenue fund.
78-12 (b) A proceeding to impose the penalty is considered to be a
78-13 contested case under Chapter 2001, Government Code.
78-14 (c) The amount of the penalty may not exceed $500 for each
78-15 violation, and each day a violation continues or occurs is a
78-16 separate violation for purposes of imposing a penalty. The total
78-17 amount of the penalty assessed for a violation continuing or
78-18 occurring on separate days under this subsection may not exceed
78-19 $2,500.
78-20 (d) The amount shall be based on:
78-21 (1) the seriousness of the violation, including the
78-22 nature, circumstances, extent, and gravity of the violation;
78-23 (2) the threat to health or safety caused by the
78-24 violation;
78-25 (3) the history of previous violations;
78-26 (4) the amount necessary to deter a future violation;
78-27 (5) whether the violator demonstrated good faith,
79-1 including when applicable whether the violator made good faith
79-2 efforts to correct the violation; and
79-3 (6) any other matter that justice may require.
79-4 (e) If the executive secretary determines that a violation
79-5 occurred, the executive secretary shall give written notice of the
79-6 violation by certified mail to the person.
79-7 (f) The notice under Subsection (e) of this section must:
79-8 (1) include a brief summary of the alleged violation;
79-9 (2) state the amount of the recommended penalty; and
79-10 (3) inform the person of the person's right to a
79-11 hearing on the occurrence of the violation, the amount of the
79-12 penalty, or both.
79-13 (g) Within 20 days after the date the person receives the
79-14 notice under Subsection (e) of this section, the person in writing
79-15 may:
79-16 (1) accept the determination and recommended penalty
79-17 of the executive secretary; or
79-18 (2) make a request for a hearing on the occurrence of
79-19 the violation, the amount of the penalty, or both.
79-20 (h) If the person accepts the determination and recommended
79-21 penalty or if the person fails to respond to the notice, the board
79-22 by order shall approve the determination and impose the recommended
79-23 penalty.
79-24 (i) If the person requests a hearing, the board shall refer
79-25 the matter to the State Office of Administrative Hearings, which
79-26 shall promptly set a hearing date and give written notice of the
79-27 time and place of the hearing to the person. An administrative law
80-1 judge of the State Office of Administrative Hearings shall conduct
80-2 the hearing.
80-3 (j) The administrative law judge shall make findings of fact
80-4 and conclusions of law and promptly issue to the board a proposal
80-5 for a decision about the occurrence of the violation and the amount
80-6 of a proposed penalty.
80-7 (k) Based on the findings of fact, conclusions of law, and
80-8 proposal for a decision, the board by order may:
80-9 (1) find that a violation occurred and impose a
80-10 penalty; or
80-11 (2) find that a violation did not occur.
80-12 (l) The notice of the board's order under Subsection (k) of
80-13 this section that is sent to the person in accordance with Chapter
80-14 2001, Government Code, must include a statement of the right of the
80-15 person to judicial review of the order.
80-16 Sec. 15B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
80-17 JUDICIAL REVIEW. (a) Within 30 days after the date an order of
80-18 the board under Subsection (k) of Section 15A of this Act that
80-19 imposes an administrative penalty becomes final, the person shall:
80-20 (1) pay the penalty; or
80-21 (2) file a petition for judicial review of the board's
80-22 order contesting the occurrence of the violation, the amount of the
80-23 penalty, or both.
80-24 (b) Within the 30-day period prescribed by Subsection (a) of
80-25 this section, a person who files a petition for judicial review
80-26 may:
80-27 (1) stay enforcement of the penalty by:
81-1 (A) paying the penalty to the court for
81-2 placement in an escrow account; or
81-3 (B) giving the court a supersedeas bond approved
81-4 by the court that:
81-5 (i) is for the amount of the penalty; and
81-6 (ii) is effective until all judicial
81-7 review of the board's order is final; or
81-8 (2) request the court to stay enforcement of the
81-9 penalty by:
81-10 (A) filing with the court a sworn affidavit of
81-11 the person stating that the person is financially unable to pay the
81-12 penalty and is financially unable to give the supersedeas bond; and
81-13 (B) sending a copy of the affidavit to the board
81-14 by certified mail.
81-15 (c) If the board receives a copy of an affidavit under
81-16 Subsection (b)(2) of this section, the board may file with the
81-17 court, within five days after the date the copy is received, a
81-18 contest to the affidavit. The court shall hold a hearing on the
81-19 facts alleged in the affidavit as soon as practicable and shall
81-20 stay the enforcement of the penalty on finding that the alleged
81-21 facts are true. The person who files an affidavit has the burden
81-22 of proving that the person is financially unable to pay the penalty
81-23 or to give a supersedeas bond.
81-24 (d) If the person does not pay the penalty and the
81-25 enforcement of the penalty is not stayed, the penalty may be
81-26 collected. The attorney general may sue to collect the penalty.
81-27 (e) If the court sustains the finding that a violation
82-1 occurred, the court may uphold or reduce the amount of the penalty
82-2 and order the person to pay the full or reduced amount of the
82-3 penalty.
82-4 (f) If the court does not sustain the finding that a
82-5 violation occurred, the court shall order that a penalty is not
82-6 owed.
82-7 (g) If the person paid the penalty and if the amount of the
82-8 penalty is reduced or the penalty is not upheld by the court, the
82-9 court shall order, when the court's judgment becomes final, that
82-10 the appropriate amount plus accrued interest be remitted to the
82-11 person within 30 days after the date that the judgment of the court
82-12 becomes final. The interest accrues at the rate charged on loans
82-13 to depository institutions by the New York Federal Reserve Bank.
82-14 The interest shall be paid for the period beginning on the date the
82-15 penalty is paid and ending on the date the penalty is remitted.
82-16 (h) If the person gave a supersedeas bond and the penalty is
82-17 not upheld by the court, the court shall order, when the court's
82-18 judgment becomes final, the release of the bond. If the person gave
82-19 a supersedeas bond and the amount of the penalty is reduced, the
82-20 court shall order the release of the bond after the person pays the
82-21 reduced amount.
82-22 SECTION 13.10. (a) The changes in law made by this Act in
82-23 the qualifications and the prohibitions applying to members of the
82-24 Advisory Board of Athletic Trainers do not affect the entitlement
82-25 of a member serving on the board immediately before September 1,
82-26 1999, to continue to serve and function as a member of the board
82-27 for the remainder of the member's term. The changes in law apply
83-1 only to a member appointed on or after September 1, 1999. The
83-2 changes in law made by this Act do not prohibit a person who is a
83-3 member of the board immediately before September 1, 1999, from
83-4 being reappointed to the board if the person has the qualifications
83-5 required for a member under Chapter 498, Acts of the 62nd
83-6 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
83-7 Civil Statutes), as amended by this Act.
83-8 (b) On the expiration of the terms of the members of the
83-9 Advisory Board of Athletic Trainers scheduled to expire January 31,
83-10 2001, the governor shall appoint one athletic trainer member and
83-11 one public member to the board for terms expiring January 31, 2007,
83-12 in accordance with Section 2, Chapter 498, Acts of the 62nd
83-13 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
83-14 Civil Statutes), as amended by this Act. On the expiration of the
83-15 terms of the members of the board scheduled to expire January 31,
83-16 2003, the governor shall appoint one athletic trainer member and
83-17 one public member to the board for terms expiring January 31, 2009,
83-18 in accordance with Section 2, Chapter 498, Acts of the 62nd
83-19 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
83-20 Civil Statutes), as amended by this Act. If a vacancy occurs in a
83-21 position scheduled to expire January 31, 2001, the governor shall
83-22 appoint a public member to serve the remainder of the term if an
83-23 athletic trainer member remains in the other position scheduled to
83-24 expire on that date. If a vacancy occurs in a position scheduled
83-25 to expire January 31, 2003, the governor shall appoint a public
83-26 member to serve the remainder of the term if an athletic trainer
83-27 member remains in the other position scheduled to expire on that
84-1 date.
84-2 SECTION 13.11. The change in law made by this Act to
84-3 Subsections (d) and (e), Section 11, Chapter 498, Acts of the 62nd
84-4 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
84-5 Civil Statutes), applies only to the renewal of an expired license
84-6 on or after September 1, 2000. An expired license may be renewed
84-7 before that date in accordance with Subsections (d) and (e) of
84-8 Section 11 as they existed immediately before the effective date of
84-9 this Act, and the prior law is continued in effect for this limited
84-10 purpose.
84-11 ARTICLE 14. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
84-12 REGULATION OF RESPIRATORY CARE PRACTITIONERS
84-13 SECTION 14.01. Chapter 829, Acts of the 69th Legislature,
84-14 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
84-15 Statutes), is amended by adding Sections 3A and 3B to read as
84-16 follows:
84-17 Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
84-18 later than the 30th day after the date a person takes a
84-19 certification examination under this Act, the department shall
84-20 notify the person of the results of the examination.
84-21 (b) If the examination is graded or reviewed by a testing
84-22 service:
84-23 (1) the department shall notify the person of the
84-24 results of the examination not later than the 14th day after the
84-25 date the department receives the results from the testing service;
84-26 and
84-27 (2) if notice of the examination results will be
85-1 delayed for longer than 90 days after the examination date, the
85-2 department shall notify the person of the reason for the delay
85-3 before the 90th day.
85-4 (c) The department may require a testing service to notify a
85-5 person of the results of the person's examination.
85-6 (d) If requested in writing by a person who fails a
85-7 certification examination administered under this Act, the
85-8 department shall furnish the person with an analysis of the
85-9 person's performance on the examination.
85-10 Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
85-11 (a) The board of health may not adopt rules restricting
85-12 advertising or competitive bidding by a temporary permit or
85-13 certificate holder except to prohibit false, misleading, or
85-14 deceptive practices.
85-15 (b) In its rules to prohibit false, misleading, or deceptive
85-16 practices, the board of health may not include a rule that:
85-17 (1) restricts the use of any medium for advertising;
85-18 (2) restricts the use of a temporary permit or
85-19 certificate holder's personal appearance or voice in an
85-20 advertisement;
85-21 (3) relates to the size or duration of an
85-22 advertisement by the temporary permit or certificate holder; or
85-23 (4) restricts the temporary permit or certificate
85-24 holder's advertisement under a trade name.
85-25 SECTION 14.02. Section 7, Chapter 829, Acts of the 69th
85-26 Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
85-27 Civil Statutes), is amended to read as follows:
86-1 Sec. 7. RENEWAL OF CERTIFICATE. (a) Except as otherwise
86-2 provided by this section, a certificate shall be renewed annually
86-3 or biennially as determined by the board of health. The department
86-4 shall mail a notice of renewal not later than the 30th day before
86-5 the expiration of the certificate to each person who holds a valid
86-6 certificate at the person's last known address. The certificate
86-7 holder shall complete the notice of renewal and shall return it to
86-8 the department with the renewal fee on or before the date of
86-9 expiration. A person whose temporary permit or certificate has
86-10 expired may not engage in activities that require a temporary
86-11 permit or certificate until the temporary permit or certificate has
86-12 been renewed.
86-13 (b) On receipt of the completed notice of renewal and
86-14 payment of the renewal fee, the department shall issue to the
86-15 certificate holder a certificate for the current renewal period.
86-16 The renewal is valid for the period stated on the renewal
86-17 certificate. The board of health shall establish uniform
86-18 continuing education requirements for the renewal of the
86-19 certificate of not less than six nor more than 12 continuing
86-20 education hours per renewal period. The board of health may adopt
86-21 rules relating to the attainment of the continuing education
86-22 requirements in hardship situations.
86-23 (c) A person whose certificate has been expired for 90 days
86-24 or less may renew the certificate by paying to the department a
86-25 renewal fee that is equal to 1-1/2 times the normally required
86-26 renewal fee.
86-27 (d) A person whose certificate has been expired for more
87-1 than 90 days but less than one year may renew the certificate by
87-2 paying to the department a renewal fee that is equal to two times
87-3 the normally required renewal fee.
87-4 (e) A person whose certificate has been expired for one year
87-5 or more may not renew the certificate. The person may obtain a new
87-6 certificate by complying with the requirements and procedures,
87-7 including the examination requirements, for obtaining an original
87-8 certificate.
87-9 (f) A person who was certified in this state, moved to
87-10 another state, and is currently certified and has been in practice
87-11 in the other state for the two years preceding the date of
87-12 application may obtain a new certificate without reexamination.
87-13 The person must pay to the department a fee that is equal to two
87-14 times the normally required renewal fee for the certificate.
87-15 (g) [A certificate holder who fails to renew the certificate
87-16 on or before the expiration date may reinstate the certificate
87-17 within the time set by the board of health on payment of the
87-18 renewal fee and a reinstatement fee.]
87-19 [(d)] A respiratory care practitioner who does not engage in
87-20 the practice of respiratory care during a subsequent renewal period
87-21 and who notifies the department of the inactivity is not required
87-22 to pay the renewal fee as long as that practitioner remains
87-23 inactive. If the practitioner desires to resume the practice of
87-24 respiratory care, the practitioner must notify the department and
87-25 must satisfy the requirements of the board of health in addition to
87-26 remitting the renewal fee for the current renewal period and the
87-27 reinstatement fee.
88-1 SECTION 14.03. Chapter 829, Acts of the 69th Legislature,
88-2 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
88-3 Statutes), is amended by adding Section 7A to read as follows:
88-4 Sec. 7A. STAGGERED RENEWAL DATES. The board of health by
88-5 rule may adopt a system under which certificates expire on various
88-6 dates during the year. For the year in which the certificate
88-7 expiration date is changed, the department shall prorate
88-8 certificate fees on a monthly basis so that each certificate holder
88-9 pays only that portion of the certificate fee that is allocable to
88-10 the number of months during which the certificate is valid. On
88-11 renewal of the certificate on the new expiration date, the total
88-12 certificate renewal fee is payable.
88-13 ARTICLE 15. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
88-14 REGISTRATION OF DISPENSING OPTICIANS
88-15 SECTION 15.01. Subsection (b), Section 5, Opticians'
88-16 Registry Act (Article 4551-1, Vernon's Texas Civil Statutes), is
88-17 amended to read as follows:
88-18 (b) The board may not adopt substantive rules relating to
88-19 this Act other than substantive rules described by Subsection (a)
88-20 of this section, Subsection (b) of Section 9 of this Act, and
88-21 Section 5A of this Act.
88-22 SECTION 15.02. The Opticians' Registry Act (Article 4551-1,
88-23 Vernon's Texas Civil Statutes) is amended by adding Section 5A to
88-24 read as follows:
88-25 Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
88-26 (a) The board may not adopt rules restricting advertising or
88-27 competitive bidding by a registrant except to prohibit false,
89-1 misleading, or deceptive practices.
89-2 (b) In its rules to prohibit false, misleading, or deceptive
89-3 practices, the board may not include a rule that:
89-4 (1) restricts the use of any medium for advertising;
89-5 (2) restricts the use of a registrant's personal
89-6 appearance or voice in an advertisement;
89-7 (3) relates to the size or duration of an
89-8 advertisement by the registrant; or
89-9 (4) restricts the registrant's advertisement under a
89-10 trade name.
89-11 SECTION 15.03. Section 7, Opticians' Registry Act (Article
89-12 4551-1, Vernon's Texas Civil Statutes), is amended by adding
89-13 Subsections (c)-(f) to read as follows:
89-14 (c) Not later than the 30th day after the date a person
89-15 takes a qualifying examination under this Act, the department
89-16 shall notify the person of the results of the examination.
89-17 (d) If the examination is graded or reviewed by a testing
89-18 service:
89-19 (1) the department shall notify the person of the
89-20 results of the examination not later than the 14th day after the
89-21 date the department receives the results from the testing service;
89-22 and
89-23 (2) if notice of the examination results will be
89-24 delayed for longer than 90 days after the examination date, the
89-25 department shall notify the person of the reason for the delay
89-26 before the 90th day.
89-27 (e) The department may require a testing service to notify a
90-1 person of the results of the person's examination.
90-2 (f) If requested in writing by a person who fails a
90-3 qualifying examination administered under this Act, the department
90-4 shall furnish the person with an analysis of the person's
90-5 performance on the examination.
90-6 SECTION 15.04. Section 9, Opticians' Registry Act (Article
90-7 4551-1, Vernon's Texas Civil Statutes), is amended to read as
90-8 follows:
90-9 Sec. 9. RENEWAL OF REGISTRATION. (a) A certificate of
90-10 registration issued under this Act is valid for one year from the
90-11 date of issuance. To renew the registration, the registrant must
90-12 submit an application for renewal in the manner prescribed by the
90-13 board.
90-14 (b) The application must be accompanied by [a renewal fee
90-15 and] evidence that the applicant has successfully completed the
90-16 continuing education courses required by board rule. The board
90-17 shall recognize, prepare, or administer continuing education
90-18 programs for its registrants. A registrant must participate in the
90-19 programs to the extent required by the board to keep the person's
90-20 certificate of registration. The board may not require more than
90-21 10 classroom hours of continuing education courses per year.
90-22 (c) [(b)] The department shall adopt a system under which
90-23 registrations expire and are renewed on various dates of the year.
90-24 (d) A person who is otherwise eligible to renew a
90-25 certificate of registration may renew an unexpired certificate by
90-26 paying the required renewal fee to the department before the
90-27 expiration date of the certificate. A person whose certificate of
91-1 registration has expired may not make a representation for which a
91-2 certificate of registration is required under Section 4 of this Act
91-3 until the certificate has been renewed.
91-4 (e) A person whose certificate of registration has been
91-5 expired for 90 days or less may renew the certificate by paying to
91-6 the department a renewal fee that is equal to 1-1/2 times the
91-7 normally required renewal fee.
91-8 (f) A person whose certificate of registration has been
91-9 expired for more than 90 days but less than one year may renew the
91-10 certificate by paying to the department a renewal fee that is equal
91-11 to two times the normally required renewal fee.
91-12 (g) A person whose certificate of registration has been
91-13 expired for one year or more may not renew the certificate. The
91-14 person may obtain a new certificate of registration by complying
91-15 with the requirements and procedures, including the examination
91-16 requirements, for an original certificate.
91-17 (h) A person who was registered in this state, moved to
91-18 another state, and is currently licensed or registered and has been
91-19 in practice in the other state for the two years preceding the date
91-20 of application may obtain a new certificate of registration without
91-21 reexamination. The person must pay to the department a fee that is
91-22 equal to two times the normally required renewal fee for the
91-23 certificate.
91-24 (i) Not later than the 30th day before the date a person's
91-25 certificate of registration is scheduled to expire, the department
91-26 shall send written notice of the impending expiration to the person
91-27 at the person's last known address according to the records of the
92-1 department.
92-2 [(c) A person registered under this Act who does not renew
92-3 the registration by the expiration date may renew the registration
92-4 not later than the 180th day after the expiration date by paying a
92-5 late registration fee as prescribed by the board.]
92-6 [(d) The registration of a person who fails to meet the
92-7 renewal requirements under this section is void until the person
92-8 submits a new application, pays the appropriate fees, and meets the
92-9 current requirements for registration.]
92-10 SECTION 15.05. Section 12, Opticians' Registry Act (Article
92-11 4551-1, Vernon's Texas Civil Statutes), is amended to read as
92-12 follows:
92-13 Sec. 12. DENIAL, SUSPENSION, REVOCATION, AND PROBATION. (a)
92-14 The department shall [may] refuse to issue a certificate of
92-15 registration to an applicant, suspend or revoke a certificate of
92-16 registration, or reprimand [place on probation] an individual who
92-17 is registered under this Act if the individual:
92-18 (1) obtains a certificate by means of fraud,
92-19 misrepresentation, or concealment of material facts;
92-20 (2) sells, barters, or offers to sell or barter a
92-21 certificate of registration;
92-22 (3) violates a lawful rule adopted by the board;
92-23 (4) violates Section 4 of this Act; or
92-24 (5) practices medicine or optometry without a license.
92-25 (b) The board may place on probation a person whose
92-26 registration is suspended. If the suspension is probated, the
92-27 board may require the person:
93-1 (1) to report regularly to the department on matters
93-2 that are the basis of the probation;
93-3 (2) to limit practice to the areas prescribed by the
93-4 board; or
93-5 (3) to continue or review professional education until
93-6 the person attains a degree of skill satisfactory to the board in
93-7 those areas that are the basis of the probation.
93-8 (c) A person whose application of registration is denied,
93-9 whose registration is suspended[,] or revoked, or who is
93-10 reprimanded is entitled to a hearing before the department if the
93-11 person submits a written request for a hearing to the department.
93-12 A hearing is governed by department rules for a contested hearing
93-13 and by Chapter 2001, Government Code [the Administrative Procedure
93-14 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
93-15 Statutes)].
93-16 ARTICLE 16. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
93-17 REGULATION OF MEDICAL RADIOLOGICAL TECHNOLOGISTS
93-18 SECTION 16.01. Section 2.05(d), Medical Radiologic
93-19 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
93-20 Statutes), is amended to read as follows:
93-21 (d) The Texas Board of Health:
93-22 (1) may establish guidelines;
93-23 (2) shall prepare, recognize, or administer [, which
93-24 may include requirements for] continuing education programs for
93-25 medical radiologic technologists in which a medical radiologic
93-26 technologist must participate, to the extent required by the board,
93-27 to keep the person's certificate;[,] and
94-1 (3) [the Texas Board of Health] may prepare and
94-2 conduct an examination for applicants for a certificate.
94-3 SECTION 16.02. The Medical Radiologic Technologist
94-4 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
94-5 amended by adding Section 2.055 to read as follows:
94-6 Sec. 2.055. RULES REGARDING ADVERTISING OR COMPETITIVE
94-7 BIDDING. (a) The Texas Board of Health may not adopt rules
94-8 restricting advertising or competitive bidding by a medical
94-9 radiologic technologist except to prohibit false, misleading, or
94-10 deceptive practices.
94-11 (b) In its rules to prohibit false, misleading, or deceptive
94-12 practices, the board may not include a rule that:
94-13 (1) restricts the use of any medium for advertising;
94-14 (2) restricts the use of a medical radiologic
94-15 technologist's personal appearance or voice in an advertisement;
94-16 (3) relates to the size or duration of an
94-17 advertisement by the medical radiologic technologist; or
94-18 (4) restricts the medical radiologic technologist's
94-19 advertisement under a trade name.
94-20 SECTION 16.03. The Medical Radiologic Technologist
94-21 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
94-22 amended by adding Section 2.075 to read as follows:
94-23 Sec. 2.075. PROVISIONAL CERTIFICATES. (a) The Texas Board
94-24 of Health may issue a provisional certificate to an applicant
94-25 currently licensed or certified in another jurisdiction who seeks
94-26 certification in this state and who:
94-27 (1) has been licensed or certified in good standing as
95-1 a medical radiologic technologist for at least two years in another
95-2 jurisdiction, including a foreign country, that has licensing or
95-3 certification requirements substantially equivalent to the
95-4 requirements of this Act;
95-5 (2) has passed a national or other examination
95-6 recognized by the board relating to the practice of radiologic
95-7 technology; and
95-8 (3) is sponsored by a medical radiologic technologist
95-9 certified by the board under this Act with whom the provisional
95-10 certificate holder will practice during the time the person holds a
95-11 provisional certificate.
95-12 (b) The board may waive the requirement of Subsection (a)(3)
95-13 for an applicant if the board determines that compliance with that
95-14 subsection would be a hardship to the applicant.
95-15 (c) A provisional certificate is valid until the date the
95-16 board approves or denies the provisional certificate holder's
95-17 application for a certificate. The board shall issue a certificate
95-18 under this Act to the provisional certificate holder if:
95-19 (1) the provisional certificate holder is eligible to
95-20 be certified under Section 2.05(c) of this Act; or
95-21 (2) the provisional certificate holder passes the part
95-22 of the examination under Section 2.05(d) of this Act that relates
95-23 to the applicant's knowledge and understanding of the laws and
95-24 rules relating to the practice of radiologic technology in this
95-25 state and:
95-26 (A) the board verifies that the provisional
95-27 certificate holder meets the academic and experience requirements
96-1 for a certificate under this Act; and
96-2 (B) the provisional certificate holder satisfies
96-3 any other licensing requirements under this Act.
96-4 (d) The board must approve or deny a provisional certificate
96-5 holder's application for a certificate not later than the 180th day
96-6 after the date the provisional certificate is issued. The board
96-7 may extend the 180-day period if the results of an examination have
96-8 not been received by the board before the end of that period.
96-9 (e) The board may establish a fee for provisional
96-10 certificates in an amount reasonable and necessary to cover the
96-11 cost of issuing the certificate.
96-12 SECTION 16.04. Section 2.09, Medical Radiologic Technologist
96-13 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
96-14 is amended by amending Subsection (d) and adding Subsections
96-15 (e)-(j) to read as follows:
96-16 (d) The Texas Board of Health may set fees for examination
96-17 and[,] certificate issuance[, and certificate renewal]. The Texas
96-18 Board of Health shall set the fees in amounts that are reasonable
96-19 to cover the costs of administering this Act without the use of
96-20 additional general revenue funds.
96-21 (e) A person who is otherwise eligible to renew a
96-22 certificate may renew an unexpired certificate by paying the
96-23 required renewal fee to the department before the expiration date
96-24 of the certificate. A person whose certificate has expired may not
96-25 engage in activities that require a certificate until the
96-26 certificate has been renewed.
96-27 (f) A person whose certificate has been expired for 90 days
97-1 or less may renew the certificate by paying to the department a
97-2 renewal fee that is equal to 1-1/2 times the normally required
97-3 renewal fee.
97-4 (g) A person whose certificate has been expired for more
97-5 than 90 days but less than one year may renew the certificate by
97-6 paying to the department a renewal fee that is equal to two times
97-7 the normally required renewal fee.
97-8 (h) A person whose certificate has been expired for one year
97-9 or more may not renew the certificate. The person may obtain a new
97-10 certificate by complying with the requirements and procedures,
97-11 including the examination requirements, for an original
97-12 certificate.
97-13 (i) A person who held a certificate in this state, moved to
97-14 another state, and currently holds a certificate or license and has
97-15 been in practice in the other state for the two years preceding the
97-16 date of application may obtain a new certificate without
97-17 reexamination. The person must pay to the department a fee that is
97-18 equal to two times the normally required renewal fee for the
97-19 certificate.
97-20 (j) Not later than the 30th day before the date a person's
97-21 certificate is scheduled to expire, the department shall send
97-22 written notice of the impending expiration to the person at the
97-23 person's last known address according to the records of the
97-24 department.
97-25 SECTION 16.05. The Medical Radiologic Technologist
97-26 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
97-27 amended by adding Sections 2.091 and 2.092 to read as follows:
98-1 Sec. 2.091. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
98-2 later than the 30th day after the date a person takes an
98-3 examination for a certificate under this Act, the department shall
98-4 notify the person of the results of the examination.
98-5 (b) If the examination is graded or reviewed by a testing
98-6 service:
98-7 (1) the department shall notify the person of the
98-8 results of the examination not later than the 14th day after the
98-9 date the department receives the results from the testing service;
98-10 and
98-11 (2) if notice of the examination results will be
98-12 delayed for longer than 90 days after the examination date, the
98-13 department shall notify the person of the reason for the delay
98-14 before the 90th day.
98-15 (c) The department may require a testing service to notify a
98-16 person of the results of the person's examination.
98-17 (d) If requested in writing by a person who fails an
98-18 examination for a certificate administered under this Act, the
98-19 department shall furnish the person with an analysis of the
98-20 person's performance on the examination.
98-21 Sec. 2.092. STAGGERED RENEWAL DATES. The Texas Board of
98-22 Health by rule may adopt a system under which certificates expire
98-23 on various dates during the year. For the year in which the
98-24 certificate expiration date is changed, the department shall
98-25 prorate certificate fees on a monthly basis so that each
98-26 certificate holder pays only that portion of the certificate fee
98-27 that is allocable to the number of months during which the
99-1 certificate is valid. On renewal of the certificate on the new
99-2 expiration date, the total certificate renewal fee is payable.
99-3 ARTICLE 17. ADMINISTRATIVE PENALTY AND STANDARD SUNSET REVIEW
99-4 PROVISIONS APPLICABLE TO THE TEXAS BOARD OF LICENSURE FOR
99-5 PROFESSIONAL MEDICAL PHYSICISTS
99-6 SECTION 17.01. Section 5(d), Texas Medical Physics Practice
99-7 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
99-8 read as follows:
99-9 (d) Appointments to the board shall be made without regard
99-10 to the race, color, disability, creed, sex, religion, age, or
99-11 national origin of the appointee.
99-12 SECTION 17.02. Section 7(d), Texas Medical Physics Practice
99-13 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
99-14 read as follows:
99-15 (d) A [The] public member of the board must be a resident of
99-16 this state for four years preceding appointment. A person may not
99-17 be a public member of the board if the person or the person's
99-18 spouse:
99-19 (1) is registered, certified, or licensed by a
99-20 regulatory agency in the field of medical physics;
99-21 (2) is employed by or participates in the management
99-22 of a business entity or other organization regulated by or
99-23 receiving money from the board;
99-24 (3) owns or controls, directly or indirectly, more
99-25 than a 10 percent interest in a business entity or other
99-26 organization regulated by or receiving money from the board; or
99-27 (4) uses or receives a substantial amount of tangible
100-1 goods, services, or money from the board other than compensation or
100-2 reimbursement authorized by law for board membership, attendance,
100-3 or expenses [and may not have a financial interest in any endeavor
100-4 related to the practice of medical physics].
100-5 SECTION 17.03. The Texas Medical Physics Practice Act
100-6 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
100-7 Sections 7A and 7B to read as follows:
100-8 Sec. 7A. CONFLICT OF INTEREST. (a) In this section, "Texas
100-9 trade association" means a cooperative and voluntarily joined
100-10 association of business or professional competitors in this state
100-11 designed to assist its members and its industry or profession in
100-12 dealing with mutual business or professional problems and in
100-13 promoting their common interest.
100-14 (b) A person may not be a member of the board if:
100-15 (1) the person is an officer, employee, or paid
100-16 consultant of a Texas trade association in the field of medicine;
100-17 or
100-18 (2) the person's spouse is an officer, manager, or
100-19 paid consultant of a Texas trade association in the field of
100-20 medicine.
100-21 (c) A person may not be a member of the board if the person
100-22 is required to register as a lobbyist under Chapter 305, Government
100-23 Code, because of the person's activities for compensation on behalf
100-24 of a profession related to the operation of the board.
100-25 Sec. 7B. TRAINING. (a) A person who is appointed to and
100-26 qualifies for office as a member of the board may not vote,
100-27 deliberate, or be counted as a member in attendance at a meeting of
101-1 the board until the person completes a training program that
101-2 complies with this section.
101-3 (b) The training program must provide the person with
101-4 information regarding:
101-5 (1) the legislation that created the board;
101-6 (2) the programs operated by the board;
101-7 (3) the role and functions of the board;
101-8 (4) the rules of the board, with an emphasis on the
101-9 rules that relate to disciplinary and investigatory authority;
101-10 (5) the current budget for the board;
101-11 (6) the results of the most recent formal audit of the
101-12 board;
101-13 (7) the requirements of:
101-14 (A) the open meetings law, Chapter 551,
101-15 Government Code;
101-16 (B) the public information law, Chapter 552,
101-17 Government Code;
101-18 (C) the administrative procedure law, Chapter
101-19 2001, Government Code; and
101-20 (D) other laws relating to public officials,
101-21 including conflict-of-interest laws; and
101-22 (8) any applicable ethics policies adopted by the
101-23 board or the Texas Ethics Commission.
101-24 (c) A person appointed to the board is entitled to
101-25 reimbursement, as provided by the General Appropriations Act, for
101-26 the travel expenses incurred in attending the training program
101-27 regardless of whether the attendance at the program occurs before
102-1 or after the person qualifies for office.
102-2 SECTION 17.04. Section 8, Texas Medical Physics Practice Act
102-3 (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
102-4 as follows:
102-5 Sec. 8. REMOVAL FROM OFFICE. (a) It is a ground for
102-6 removal from the board if a member:
102-7 (1) does not have at the time of appointment the
102-8 qualifications required by Section 7 of this Act for appointment to
102-9 the board;
102-10 (2) does not maintain during service on the board the
102-11 qualifications required by Section 7 of this Act for appointment to
102-12 the board;
102-13 (3) is ineligible for membership under Subsection (d)
102-14 of Section 7 of this Act or Section 7A of this Act;
102-15 (4) cannot, because of illness or disability,
102-16 discharge the member's duties for a substantial part of the
102-17 member's term; or
102-18 (5) [(3)] fails to attend at least half of the
102-19 regularly scheduled board meetings held in a calendar year,
102-20 excluding meetings held while the person was not a board member,
102-21 without an excuse approved by a majority of the board.
102-22 (b) If a ground for removal of a member of the board exists,
102-23 the board's actions during the existence of the ground for removal
102-24 are not invalid for that reason.
102-25 (c) If the commissioner of public health has knowledge that
102-26 a potential ground for removal exists, the commissioner shall
102-27 notify the presiding officer of the board of the potential ground.
103-1 The presiding officer shall then notify the governor and the
103-2 attorney general that a potential ground for removal exists. If
103-3 the potential ground for removal involves the presiding officer,
103-4 the commissioner shall notify the next highest ranking officer of
103-5 the board, who shall then notify the governor and the attorney
103-6 general that a potential ground for removal exists.
103-7 SECTION 17.05. Section 10, Texas Medical Physics Practice
103-8 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
103-9 amending Subsection (a) and adding Subsection (c) to read as
103-10 follows:
103-11 (a) The governor shall designate a member of the board as
103-12 the presiding officer of the board to serve in that capacity at the
103-13 will of the governor. At the first regularly scheduled meeting of
103-14 each calendar year, the board shall elect from among its members [a
103-15 presiding officer and] an assistant presiding officer.
103-16 (c) The board shall develop and implement policies that
103-17 provide the public with a reasonable opportunity to appear before
103-18 the board and to speak on any issue under the jurisdiction of the
103-19 board.
103-20 SECTION 17.06. Section 11, Texas Medical Physics Practice
103-21 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
103-22 read as follows:
103-23 Sec. 11. BOARD RESPONSIBILITIES. (a) The board shall:
103-24 (1) adopt and revise, with the approval of the
103-25 department, rules that are reasonably necessary for the proper
103-26 performance of its duties under this Act;
103-27 (2) determine the qualifications and fitness of
104-1 applicants for licenses, renewal of licenses, and reciprocal
104-2 licenses;
104-3 (3) charge a fee for the processing and issuance or
104-4 renewal of a license under this Act in an amount necessary to cover
104-5 costs incurred by the board in administering this Act;
104-6 (4) adopt and publish a code of ethics;
104-7 (5) adopt an official seal;
104-8 (6) conduct examinations for licensure under this Act;
104-9 (7) issue, deny, renew, revoke, and suspend licenses
104-10 under this Act;
104-11 (8) conduct hearings on complaints concerning
104-12 violations of this Act or rules adopted under this Act;
104-13 (9) prosecute or file suit to enjoin a violation of
104-14 this Act or a rule adopted under this Act; and
104-15 (10) [maintain a file on each complaint filed with the
104-16 board showing the status and final disposition of the complaint;
104-17 and]
104-18 [(11)] prepare information of consumer interest
104-19 describing the regulatory functions of the board and describing the
104-20 procedures by which complaints are filed with and resolved by the
104-21 board.
104-22 (b) The board shall recognize, [may] prepare, or [and]
104-23 administer [an optional] continuing education programs [program]
104-24 for persons licensed by the board under this Act. A license holder
104-25 must participate in the programs to the extent required by the
104-26 board to keep the person's license.
104-27 (c) The board shall develop and implement policies that
105-1 clearly separate the policymaking responsibilities of the board and
105-2 the management responsibilities of the commissioner of public
105-3 health, the executive secretary, and the staff of the department.
105-4 SECTION 17.07. The Texas Medical Physics Practice Act
105-5 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
105-6 Sections 11A and 11B to read as follows:
105-7 Sec. 11A. COMPLAINTS. (a) The board shall maintain a file
105-8 on each written complaint filed with the board. The file must
105-9 include:
105-10 (1) the name of the person who filed the complaint;
105-11 (2) the date the complaint is received by the board;
105-12 (3) the subject matter of the complaint;
105-13 (4) the name of each person contacted in relation to
105-14 the complaint;
105-15 (5) a summary of the results of the review or
105-16 investigation of the complaint; and
105-17 (6) an explanation of the reason the file was closed,
105-18 if the board closed the file without taking action other than to
105-19 investigate the complaint.
105-20 (b) The board shall provide to the person filing the
105-21 complaint and to each person who is a subject of the complaint a
105-22 copy of the board's policies and procedures relating to complaint
105-23 investigation and resolution.
105-24 (c) The board, at least quarterly until final disposition of
105-25 the complaint, shall notify the person filing the complaint and
105-26 each person who is a subject of the complaint of the status of the
105-27 investigation unless the notice would jeopardize an undercover
106-1 investigation.
106-2 Sec. 11B. RULES REGARDING ADVERTISING OR COMPETITIVE
106-3 BIDDING. (a) The board may not adopt rules restricting
106-4 advertising or competitive bidding by a license holder except to
106-5 prohibit false, misleading, or deceptive practices.
106-6 (b) In its rules to prohibit false, misleading, or deceptive
106-7 practices, the board may not include a rule that:
106-8 (1) restricts the use of any medium for advertising;
106-9 (2) restricts the use of a license holder's personal
106-10 appearance or voice in an advertisement;
106-11 (3) relates to the size or duration of an
106-12 advertisement by the license holder; or
106-13 (4) restricts the license holder's advertisement under
106-14 a trade name.
106-15 SECTION 17.08. Section 12, Texas Medical Physics Practice
106-16 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
106-17 adding Subsection (c) to read as follows:
106-18 (c) The commissioner of health or the commissioner's
106-19 designee shall provide to members of the board, as often as
106-20 necessary, information regarding the requirements for office under
106-21 this Act, including information regarding a person's
106-22 responsibilities under applicable laws relating to standards of
106-23 conduct for state officers.
106-24 SECTION 17.09. Section 18, Texas Medical Physics Practice
106-25 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
106-26 read as follows:
106-27 Sec. 18. LICENSING BY ENDORSEMENT OR RECIPROCITY. (a) On
107-1 receipt of an application and fee in accordance with Section 14 of
107-2 this Act, the board may waive any prerequisite for obtaining
107-3 [issue] a license to practice medical physics in this state to a
107-4 person who:
107-5 (1) holds a license to practice medical or
107-6 radiological physics in another state, territory, or jurisdiction
107-7 acceptable to the board that has requirements for the licensing of
107-8 medical or radiological physicists that are substantially the same
107-9 as the requirements of this Act; or
107-10 (2) prior to September 1, 1994:
107-11 (A) is a resident of a state, territory, or
107-12 jurisdiction without a medical physics licensure and/or practice
107-13 act;
107-14 (B) meets all other requirements for licensure
107-15 without examination in accordance with Section 19 of this Act; and
107-16 (C) has demonstrated to the board's satisfaction
107-17 a working knowledge of Texas rules pertaining to the license
107-18 specialty requested.
107-19 (b) The board may waive any prerequisite for obtaining a
107-20 license to practice medical physics in this state for an applicant
107-21 who holds a license issued by another jurisdiction with which this
107-22 state has a reciprocity agreement. The board may make an agreement,
107-23 subject to the approval of the governor, with another state to
107-24 allow for licensing by reciprocity.
107-25 SECTION 17.10. Section 21, Texas Medical Physics Practice
107-26 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
107-27 read as follows:
108-1 Sec. 21. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE;
108-2 DISCIPLINARY ACTION. (a) The board shall [may] refuse to issue or
108-3 renew a license, suspend or revoke a license, or reprimand the
108-4 license holder[, or place a license holder on probation] for any of
108-5 the following:
108-6 (1) obtaining or renewing a license by means of fraud,
108-7 misrepresentation, or concealment of material facts;
108-8 (2) having once made application for or held a license
108-9 issued by the licensing authority of another state, territory, or
108-10 jurisdiction that was denied, suspended, or revoked by that
108-11 licensing authority;
108-12 (3) engaging in unprofessional conduct that endangered
108-13 or is likely to endanger the health, safety, or welfare of the
108-14 public as defined by board rule;
108-15 (4) violating this Act, a lawful order or rule of the
108-16 board, or the board's code of ethics; or
108-17 (5) being convicted of a felony or of a misdemeanor
108-18 that involved moral turpitude or that directly relates to a
108-19 person's duties and responsibilities as a licensed medical
108-20 physicist.
108-21 (b) The board may place on probation a person whose license
108-22 is suspended. If a license suspension is probated, the board may
108-23 require the person:
108-24 (1) to report regularly to the department on matters
108-25 that are the basis of the probation;
108-26 (2) to limit practice to the areas prescribed by the
108-27 board; or
109-1 (3) to continue or review professional education until
109-2 the person attains a degree of skill satisfactory to the board in
109-3 those areas that are the basis of the probation.
109-4 (c) Chapter 2001, Government Code, [The Administrative
109-5 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
109-6 Civil Statutes)] and board rules for a contested hearing apply to
109-7 proceedings by the board under this section.
109-8 SECTION 17.11. The Texas Medical Physics Practice Act
109-9 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
109-10 Sections 23A and 23B to read as follows:
109-11 Sec. 23A. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
109-12 board may impose an administrative penalty on a person licensed
109-13 under this Act who violates this Act or a rule or order adopted
109-14 under this Act. A penalty collected under this section or Section
109-15 23B of this Act shall be deposited in the state treasury in the
109-16 general revenue fund.
109-17 (b) A proceeding to impose the penalty is considered to be a
109-18 contested case under Chapter 2001, Government Code.
109-19 (c) The amount of the penalty may not exceed $500 for each
109-20 violation, and each day a violation continues or occurs is a
109-21 separate violation for purposes of imposing a penalty. The total
109-22 amount of the penalty assessed for a violation continuing or
109-23 occurring on separate days under this subsection may not exceed
109-24 $2,500.
109-25 (d) The amount shall be based on:
109-26 (1) the seriousness of the violation, including the
109-27 nature, circumstances, extent, and gravity of the violation;
110-1 (2) the threat to health or safety caused by the
110-2 violation;
110-3 (3) the history of previous violations;
110-4 (4) the amount necessary to deter a future violation;
110-5 (5) whether the violator demonstrated good faith,
110-6 including when applicable whether the violator made good faith
110-7 efforts to correct the violation; and
110-8 (6) any other matter that justice may require.
110-9 (e) If the executive secretary determines that a violation
110-10 occurred, the executive secretary shall give written notice of the
110-11 report by certified mail to the person.
110-12 (f) The notice under Subsection (e) of this section must:
110-13 (1) include a brief summary of the alleged violation;
110-14 (2) state the amount of the recommended penalty; and
110-15 (3) inform the person of the person's right to a
110-16 hearing on the occurrence of the violation, the amount of the
110-17 penalty, or both.
110-18 (g) Within 20 days after the date the person receives the
110-19 notice under Subsection (e) of this section, the person in writing
110-20 may:
110-21 (1) accept the determination and recommended penalty
110-22 of the executive secretary; or
110-23 (2) make a request for a hearing on the occurrence of
110-24 the violation, the amount of the penalty, or both.
110-25 (h) If the person accepts the determination and recommended
110-26 penalty or if the person fails to respond to the notice, the board
110-27 by order shall approve the determination and impose the recommended
111-1 penalty.
111-2 (i) If the person requests a hearing, the board shall refer
111-3 the matter to the State Office of Administrative Hearings, which
111-4 shall promptly set a hearing date and give written notice of the
111-5 time and place of the hearing to the person. An administrative law
111-6 judge of the State Office of Administrative Hearings shall conduct
111-7 the hearing.
111-8 (j) The administrative law judge shall make findings of fact
111-9 and conclusions of law and promptly issue to the board a proposal
111-10 for a decision about the occurrence of the violation and the amount
111-11 of a proposed penalty.
111-12 (k) Based on the findings of fact, conclusions of law, and
111-13 proposal for a decision, the board by order may:
111-14 (1) find that a violation occurred and impose a
111-15 penalty; or
111-16 (2) find that a violation did not occur.
111-17 (l) The notice of the board's order under Subsection (k) of
111-18 this section that is sent to the person in accordance with Chapter
111-19 2001, Government Code, must include a statement of the right of the
111-20 person to judicial review of the order.
111-21 Sec. 23B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
111-22 JUDICIAL REVIEW. (a) Within 30 days after the date an order of
111-23 the board under Subsection (k) of Section 23A of this Act that
111-24 imposes an administrative penalty becomes final, the person shall:
111-25 (1) pay the penalty; or
111-26 (2) file a petition for judicial review of the board's
111-27 order contesting the occurrence of the violation, the amount of the
112-1 penalty, or both.
112-2 (b) Within the 30-day period prescribed by Subsection (a) of
112-3 this section, a person who files a petition for judicial review
112-4 may:
112-5 (1) stay enforcement of the penalty by:
112-6 (A) paying the penalty to the court for
112-7 placement in an escrow account; or
112-8 (B) giving the court a supersedeas bond approved
112-9 by the court that:
112-10 (i) is for the amount of the penalty; and
112-11 (ii) is effective until all judicial
112-12 review of the board's order is final; or
112-13 (2) request the court to stay enforcement of the
112-14 penalty by:
112-15 (A) filing with the court a sworn affidavit of
112-16 the person stating that the person is financially unable to pay the
112-17 penalty and is financially unable to give the supersedeas bond; and
112-18 (B) sending a copy of the affidavit to the board
112-19 by certified mail.
112-20 (c) If the board receives a copy of an affidavit under
112-21 Subsection (b)(2) of this section, the board may file with the
112-22 court, within five days after the date the copy is received, a
112-23 contest to the affidavit. The court shall hold a hearing on the
112-24 facts alleged in the affidavit as soon as practicable and shall
112-25 stay the enforcement of the penalty on finding that the alleged
112-26 facts are true. The person who files an affidavit has the burden
112-27 of proving that the person is financially unable to pay the penalty
113-1 or to give a supersedeas bond.
113-2 (d) If the person does not pay the penalty and the
113-3 enforcement of the penalty is not stayed, the penalty may be
113-4 collected. The attorney general may sue to collect the penalty.
113-5 (e) If the court sustains the finding that a violation
113-6 occurred, the court may uphold or reduce the amount of the penalty
113-7 and order the person to pay the full or reduced amount of the
113-8 penalty.
113-9 (f) If the court does not sustain the finding that a
113-10 violation occurred, the court shall order that a penalty is not
113-11 owed.
113-12 (g) If the person paid the penalty and if the amount of the
113-13 penalty is reduced or the penalty is not upheld by the court, the
113-14 court shall order, when the court's judgment becomes final, that
113-15 the appropriate amount plus accrued interest be remitted to the
113-16 person within 30 days after the date that the judgment of the court
113-17 becomes final. The interest accrues at the rate charged on loans to
113-18 depository institutions by the New York Federal Reserve Bank. The
113-19 interest shall be paid for the period beginning on the date the
113-20 penalty is paid and ending on the date the penalty is remitted.
113-21 (h) If the person gave a supersedeas bond and the penalty is
113-22 not upheld by the court, the court shall order, when the court's
113-23 judgment becomes final, the release of the bond. If the person gave
113-24 a supersedeas bond and the amount of the penalty is reduced, the
113-25 court shall order the release of the bond after the person pays the
113-26 reduced amount.
113-27 SECTION 17.12. The Texas Medical Physics Practice Act
114-1 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
114-2 Section 27 to read as follows:
114-3 Sec. 27. PROVISIONAL LICENSES. (a) The board may issue a
114-4 provisional license to an applicant currently licensed or certified
114-5 in another jurisdiction who seeks a license in this state and who:
114-6 (1) has been licensed or certified in good standing as
114-7 a practitioner of medical or radiologic physics for at least two
114-8 years in another jurisdiction, including a foreign country, that
114-9 has licensing or certification requirements substantially
114-10 equivalent to the requirements of this Act;
114-11 (2) has passed a national or other examination
114-12 recognized by the board relating to the practice of medical or
114-13 radiologic physics; and
114-14 (3) is sponsored by a person licensed by the board
114-15 under this Act with whom the provisional license holder will
114-16 practice during the time the person holds a provisional license.
114-17 (b) The board may waive the requirement of Subsection (a)(3)
114-18 for an applicant if the board determines that compliance with that
114-19 subsection would be a hardship to the applicant.
114-20 (c) A provisional license is valid until the date the board
114-21 approves or denies the provisional license holder's application for
114-22 a license. The board shall issue a license under this Act to the
114-23 provisional license holder if:
114-24 (1) the provisional license holder is eligible to be
114-25 certified under Section 18 of this Act; or
114-26 (2) the provisional license holder passes the part of
114-27 the examination under Section 16 of this Act that relates to the
115-1 applicant's knowledge and understanding of the laws and rules
115-2 relating to the practice of medical physics in this state and:
115-3 (A) the board verifies that the provisional
115-4 license holder meets the academic and experience requirements for a
115-5 license under this Act; and
115-6 (B) the provisional license holder satisfies any
115-7 other licensing requirements under this Act.
115-8 (d) The board must approve or deny a provisional license
115-9 holder's application for a license not later than the 180th day
115-10 after the date the provisional license is issued. The board may
115-11 extend the 180-day period if the results of an examination have not
115-12 been received by the board before the end of that period.
115-13 (e) The board may establish a fee for provisional licenses
115-14 in an amount reasonable and necessary to cover the cost of issuing
115-15 the license.
115-16 SECTION 17.13. Subsection (e), Section 7, Texas Medical
115-17 Physics Practice Act (Article 4512n, Vernon's Texas Civil
115-18 Statutes), is repealed.
115-19 SECTION 17.14. The changes in law made by this Act in the
115-20 prohibitions applying to members of the Texas Board of Licensure
115-21 for Professional Medical Physicists do not affect the entitlement
115-22 of a member serving on the board immediately before September 1,
115-23 1999, to continue to serve and function as a member of the board
115-24 for the remainder of the member's term. The changes in law apply
115-25 only to a member appointed on or after September 1, 1999.
115-26 ARTICLE 18. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO
115-27 THE REGULATION OF MASSAGE THERAPISTS
116-1 SECTION 18.01. Subsection (b), Section 2, Chapter 752, Acts
116-2 of the 69th Legislature, Regular Session, 1985 (Article 4512k,
116-3 Vernon's Texas Civil Statutes), is amended to read as follows:
116-4 (b) An individual who registers as a massage therapist under
116-5 this Act must present evidence satisfactory to the board that the
116-6 person:
116-7 (1) has satisfactorily completed massage therapy
116-8 studies in a 300 hour, supervised course of instruction provided by
116-9 a massage therapy instructor, by a massage school registered by the
116-10 department, by a state approved educational institution, or by any
116-11 combination of instructors or schools, in which 125 hours are
116-12 dedicated to the study of Swedish massage therapy techniques taught
116-13 by a massage therapy instructor, 50 hours to the study of anatomy,
116-14 25 hours to the study of physiology, 15 hours to the study of
116-15 hydrotherapy, 15 hours to the study of business practices and
116-16 professional ethics standards, 20 hours to the study of health and
116-17 hygiene, and 50 hours to an internship program; or
116-18 (2) [is registered as a massage therapist in another
116-19 state or country that has and maintains standards and requirements
116-20 of practice and licensing or registration that substantially
116-21 conform to those of this state, as determined by the department; or]
116-22 [(3)] has practiced massage therapy as a profession
116-23 for not less than five years in another state or country that does
116-24 not have or maintain standards and requirements of practice and
116-25 licensing or registration that substantially conform to those of
116-26 this state, as determined by the department.
116-27 SECTION 18.02. Chapter 752, Acts of the 69th Legislature,
117-1 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
117-2 Statutes), is amended by adding Sections 2C and 2D to read as
117-3 follows:
117-4 Sec. 2C. APPLICANT REGISTERED IN ANOTHER JURISDICTION.
117-5 (a) The board may waive any prerequisite to obtaining a
117-6 certificate of registration for an applicant for registration as a
117-7 massage therapist or massage therapy instructor after reviewing the
117-8 applicant's credentials and determining that the applicant holds a
117-9 license or certificate of registration issued by another
117-10 jurisdiction that has licensing or registration requirements
117-11 substantially equivalent to those of this state.
117-12 (b) The board may waive any prerequisite to obtaining a
117-13 certificate of registration for an applicant for registration as a
117-14 massage therapist or massage therapy instructor who holds a license
117-15 or certificate of registration issued by another jurisdiction with
117-16 which this state has a reciprocity agreement. The board may make
117-17 an agreement, subject to the approval of the governor, with another
117-18 state to allow for registration by reciprocity.
117-19 Sec. 2D. PROVISIONAL REGISTRATION. (a) The board may issue
117-20 a provisional certificate of registration to an applicant for
117-21 registration as a massage therapist or massage therapy instructor
117-22 currently licensed or registered in another jurisdiction who seeks
117-23 a certificate of registration in this state and who:
117-24 (1) has been licensed or registered in good standing
117-25 as a massage therapist or massage therapy instructor, as
117-26 applicable, for at least two years in another jurisdiction,
117-27 including a foreign country, that has licensing or registration
118-1 requirements substantially equivalent to the requirements of this
118-2 Act;
118-3 (2) has passed a national or other examination
118-4 recognized by the board relating to the practice of massage
118-5 therapy; and
118-6 (3) is sponsored by a person registered by the board
118-7 under this Act with whom the provisional registrant will practice
118-8 during the time the person holds a provisional certificate of
118-9 registration.
118-10 (b) The board may waive the requirement of Subsection (a)(3)
118-11 for an applicant if the board determines that compliance with that
118-12 subsection would be a hardship to the applicant.
118-13 (c) A provisional certificate of registration is valid until
118-14 the date the board approves or denies the provisional registrant's
118-15 application for registration. The board shall issue a certificate
118-16 of registration under this Act to the provisional registrant if:
118-17 (1) the provisional registrant is eligible to be
118-18 certified under Section 2C of this Act; or
118-19 (2) the provisional registrant passes the part of the
118-20 examination under Section 7 of this Act that relates to the
118-21 applicant's knowledge and understanding of the laws and rules
118-22 relating to the practice of massage therapy in this state and:
118-23 (A) the board verifies that the provisional
118-24 registrant meets the academic and experience requirements for
118-25 registration under this Act; and
118-26 (B) the provisional registrant satisfies any
118-27 other registration requirements under this Act.
119-1 (d) The board must approve or deny a provisional
119-2 registrant's application for a certificate of registration not
119-3 later than the 180th day after the date the provisional certificate
119-4 of registration is issued. The board may extend the 180-day period
119-5 if the results of an examination have not been received by the
119-6 board before the end of that period.
119-7 (e) The board may establish a fee for provisional
119-8 certificates of registration in an amount reasonable and necessary
119-9 to cover the cost of issuing the certificate of registration.
119-10 SECTION 18.03. Chapter 752, Acts of the 69th Legislature,
119-11 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
119-12 Statutes), is amended by adding Sections 7E, 7F, and 7G to read as
119-13 follows:
119-14 Sec. 7E. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
119-15 later than the 30th day after the date a person takes a
119-16 registration examination under this Act, the department shall
119-17 notify the person of the results of the examination.
119-18 (b) If the examination is graded or reviewed by a testing
119-19 service:
119-20 (1) the department shall notify the person of the
119-21 results of the examination not later than the 14th day after the
119-22 date the department receives the results from the testing service;
119-23 and
119-24 (2) if notice of the examination results will be
119-25 delayed for longer than 90 days after the examination date, the
119-26 department shall notify the person of the reason for the delay
119-27 before the 90th day.
120-1 (c) The department may require a testing service to notify a
120-2 person of the results of the person's examination.
120-3 (d) If requested in writing by a person who fails a
120-4 registration examination administered under this Act, the
120-5 department shall furnish the person with an analysis of the
120-6 person's performance on the examination.
120-7 Sec. 7F. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING
120-8 BY REGISTRANT. (a) The board may not adopt rules restricting
120-9 advertising or competitive bidding by a registrant except to
120-10 prohibit false, misleading, or deceptive practices.
120-11 (b) In its rules to prohibit false, misleading, or deceptive
120-12 practices, the board may not include a rule that:
120-13 (1) restricts the use of any medium for advertising;
120-14 (2) restricts the use of a registrant's personal
120-15 appearance or voice in an advertisement;
120-16 (3) relates to the size or duration of an
120-17 advertisement by the registrant; or
120-18 (4) restricts the registrant's advertisement under a
120-19 trade name.
120-20 Sec. 7G. CONTINUING EDUCATION. The board shall recognize,
120-21 prepare, or administer continuing education programs for its
120-22 registrants. A registrant must participate in the programs to the
120-23 extent required by the board to keep the person's certificate of
120-24 registration.
120-25 SECTION 18.04. Sections 11 and 12, Chapter 752, Acts of the
120-26 69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
120-27 Texas Civil Statutes), are amended to read as follows:
121-1 Sec. 11. REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR
121-2 REVOCATION. (a) The board [department] may refuse to issue a
121-3 registration certificate to an applicant and shall[, may] suspend,
121-4 [or] revoke, or refuse to renew a registration certificate, or
121-5 shall reprimand a registrant [may place a registered person,
121-6 including a massage school, massage therapy instructor, or massage
121-7 establishment, on probation] for any of the following causes:
121-8 (1) obtaining a certificate by means of fraud,
121-9 misrepresentation, or concealment of material facts;
121-10 (2) selling, bartering, or offering [offer] to sell or
121-11 barter a registration certificate;
121-12 (3) violating any rule adopted by the board;
121-13 (4) engaging in unprofessional conduct that has
121-14 endangered or is likely to endanger the health, welfare, or safety
121-15 of the public as defined by the rules established by the board;
121-16 (5) violating a regulation adopted by a political
121-17 subdivision under Chapter 243, Local Government Code; or
121-18 (6) violating any provisions of this Act.
121-19 (b) The board may place on probation a person, including a
121-20 massage school, massage therapy instructor, or massage
121-21 establishment, whose registration certificate is suspended. If a
121-22 registration suspension is probated, the board may require the
121-23 person:
121-24 (1) to report regularly to the department on matters
121-25 that are the basis of the probation;
121-26 (2) to limit practice to the areas prescribed by the
121-27 board; or
122-1 (3) to continue or review professional education until
122-2 the person attains a degree of skill satisfactory to the board in
122-3 those areas that are the basis of the probation.
122-4 (c) An individual who has been convicted of, entered a plea
122-5 of nolo contendere or guilty to, or received deferred adjudication
122-6 to crimes or offenses involving prostitution or sexual offenses is
122-7 ineligible for registration as a massage therapist, massage therapy
122-8 instructor, massage school, or massage establishment. The
122-9 department shall revoke the registration of a person registered as
122-10 a massage therapist or massage therapy instructor who is convicted
122-11 of, enters a plea of nolo contendere or guilty to, or receives
122-12 deferred adjudication to a crime or offense involving prostitution
122-13 or other sexual offenses, or who the department determines has
122-14 practiced or administered massage therapy at or for a sexually
122-15 oriented business. The department shall revoke the registration of
122-16 a person registered as a massage school or massage establishment if
122-17 the department determines that the school or establishment is a
122-18 sexually oriented business, or that a crime or offense involving
122-19 prostitution or other sexual offenses and resulting in a
122-20 conviction, or to which a plea of nolo contendere or guilty was
122-21 entered or deferred adjudication was received, has occurred on the
122-22 premises of the school or establishment.
122-23 (d) [(c)] A person whose application for registration is
122-24 denied, who has been reprimanded, or whose registration is
122-25 suspended or revoked is entitled to a hearing before the department
122-26 if the person submits a written request to the department.
122-27 Hearings are governed by department rules for a contested hearing
123-1 and by Chapter 2001, Government Code [the Administrative Procedure
123-2 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
123-3 Statutes)].
123-4 (e) [(d)] A person convicted of a violation of this Act is
123-5 ineligible for registration as a massage therapist, massage therapy
123-6 instructor, massage school, or massage establishment for a period
123-7 of five years.
123-8 Sec. 12. RENEWAL OF REGISTRATION. (a) Registration under
123-9 this Act is subject to periodic renewal and expires unless the
123-10 registered person submits an application for renewal accompanied by
123-11 the renewal fee prescribed by the department or by the late fee
123-12 prescribed by this section.
123-13 (b) The department shall adopt a system under which
123-14 registrations expire and are renewed on various dates of the year.
123-15 Initial registration fees shall be prorated so that a registered
123-16 person pays only for that part of the renewal period for which the
123-17 registration is issued until the expiration date of the
123-18 registration.
123-19 (c) A person who is otherwise eligible to renew a
123-20 registration may renew an unexpired registration by paying the
123-21 required renewal fee to the department before the expiration date
123-22 of the registration. A person whose registration has expired may
123-23 not engage in activities that require registration until the
123-24 registration has been renewed.
123-25 (d) A person whose registration has been expired for 90
123-26 days or less may renew the registration by paying to the
123-27 department a renewal fee that is equal to 1-1/2 times the normally
124-1 required renewal fee.
124-2 (e) A person whose registration has been expired for more
124-3 than 90 days but less than one year may renew the registration by
124-4 paying to the department a renewal fee that is equal to two times
124-5 the normally required renewal fee.
124-6 (f) A person whose registration has been expired for one
124-7 year or more may not renew the registration. The person may
124-8 register by complying with the requirements and procedures,
124-9 including the examination requirements, for originally registering.
124-10 (g) A person who was registered in this state, moved to
124-11 another state, and is currently registered or licensed and has been
124-12 in practice in the other state for the two years preceding the date
124-13 of application may register without reexamination. The person must
124-14 pay to the department a fee that is equal to two times the normally
124-15 required renewal fee for registration.
124-16 (h) Not later than the 30th day before the date a person's
124-17 registration is scheduled to expire, the department shall send
124-18 written notice of the impending expiration to the person at the
124-19 person's last known address according to the records of the
124-20 department. [A person registered under this Act who does not renew
124-21 registration by the expiration date may renew the registration not
124-22 later than the first anniversary of the expiration date by meeting
124-23 the requirements set forth in this section and paying a late
124-24 penalty fee.]
124-25 [(d) The registration of a person who fails to meet the
124-26 renewal requirements of this section is void. Such a person must
124-27 submit a new application, pay the appropriate fees, and meet the
125-1 current requirements for registration.]
125-2 ARTICLE 19. STANDARD SUNSET REVIEW PROVISIONS AND CERTAIN OTHER
125-3 PROVISIONS APPLICABLE TO STATE REGULATION INVOLVING EMERGENCY
125-4 MEDICAL SERVICES
125-5 SECTION 19.01. Subchapter A, Chapter 773, Health and Safety
125-6 Code, is amended by adding Section 773.012 to read as follows:
125-7 Sec. 773.012. ADVISORY COUNCIL. (a) The governor shall
125-8 appoint an advisory council to advise the board regarding matters
125-9 related to the responsibilities of the board, commissioner, and
125-10 department under this chapter.
125-11 (b) The advisory council is composed of the following 15
125-12 members appointed by the governor:
125-13 (1) a board-certified emergency physician, appointed
125-14 from a list of names recommended by a statewide professional
125-15 association of emergency physicians;
125-16 (2) a licensed physician who is an emergency medical
125-17 services medical director, appointed from a list of names
125-18 recommended by a statewide professional association of emergency
125-19 medical services medical directors;
125-20 (3) a fire chief for a municipality that provides
125-21 emergency medical services, appointed from a list of names
125-22 recommended by a statewide fire chiefs association;
125-23 (4) an officer or employee of a private provider of
125-24 emergency medical services, appointed from a list of names
125-25 recommended by a statewide association of private providers of
125-26 emergency medical services;
125-27 (5) a volunteer who provides emergency medical
126-1 services, appointed from a list of names recommended by a statewide
126-2 association of volunteers;
126-3 (6) an educator in the field of emergency medical
126-4 services;
126-5 (7) a member of an emergency medical services air
126-6 medical team or unit, appointed from a list of names recommended by
126-7 a statewide emergency medical services air medical association;
126-8 (8) a representative of a fire department that
126-9 provides emergency medical services, appointed from a list of names
126-10 recommended by a statewide association of firefighters;
126-11 (9) a representative of hospitals, appointed from a
126-12 list of names recommended by a statewide association of hospitals;
126-13 (10) a representative of a county provider of
126-14 emergency medical services;
126-15 (11) one licensed physician who is a pediatrician; and
126-16 (12) four representatives of the general public who
126-17 are not qualified to serve under another subdivision of this
126-18 subsection.
126-19 (c) A person may not be a public member of the advisory
126-20 council if the person or the person's spouse:
126-21 (1) is registered, certified, or licensed by a
126-22 regulatory agency in the field of emergency medical services;
126-23 (2) is employed by or participates in the management
126-24 of a business entity or other organization regulated by or
126-25 receiving money from the department;
126-26 (3) owns or controls, directly or indirectly, more
126-27 than a 10 percent interest in a business entity or other
127-1 organization regulated by or receiving money from the department;
127-2 or
127-3 (4) uses or receives a substantial amount of tangible
127-4 goods, services, or money from the department other than
127-5 reimbursement authorized by law for advisory council membership,
127-6 attendance, or expenses.
127-7 (d) In this subsection, "Texas trade association" means a
127-8 cooperative and voluntarily joined association of business or
127-9 professional competitors in this state designed to assist its
127-10 members and its industry or profession in dealing with mutual
127-11 business or professional problems and in promoting their common
127-12 interest. A person may not be a member of the advisory council if:
127-13 (1) the person is an officer, employee, or paid
127-14 consultant of a Texas trade association in the field of emergency
127-15 medical services; or
127-16 (2) the person's spouse is an officer, manager, or
127-17 paid consultant of a Texas trade association in the field of
127-18 emergency medical services.
127-19 (e) A person may not be a member of the advisory council if
127-20 the person is required to register as a lobbyist under Chapter 305,
127-21 Government Code, because of the person's activities for
127-22 compensation on behalf of a profession related to the operation of
127-23 the department.
127-24 (f) Members of the advisory council serve staggered six-year
127-25 terms with the terms of five members expiring January 1 of each
127-26 even-numbered year. A vacancy on the advisory council is filled in
127-27 the same manner as the original appointment for the unexpired term.
128-1 (g) The governor shall appoint the presiding officer of the
128-2 advisory council.
128-3 (h) A member of the advisory council serves without
128-4 compensation. Chapter 2110, Government Code, does not apply to the
128-5 size, composition, or duration of the advisory council.
128-6 (i) The advisory council shall meet at least quarterly in
128-7 the city of Austin. The advisory council shall meet as provided by
128-8 procedural rules adopted by the advisory council or at the call of
128-9 the presiding officer. The advisory council may appoint committees
128-10 it considers necessary to perform its duties.
128-11 (j) The advisory council periodically shall review board
128-12 rules relating to this chapter and may recommend changes in those
128-13 rules to the board. The board and the commissioner shall ensure
128-14 that the advisory council is given adequate time and opportunity to
128-15 review and comment on each rule proposed for adoption by the board
128-16 under this chapter, including the amendment or repeal of an
128-17 existing rule, but not including an emergency rule.
128-18 SECTION 19.02. Section 773.050, Health and Safety Code, is
128-19 amended by amending Subsection (b) and adding Subsection (f) to
128-20 read as follows:
128-21 (b) The board by rule shall establish minimum standards for:
128-22 (1) staffing an advanced life-support emergency
128-23 medical services vehicle, a mobile intensive-care unit, or a
128-24 specialized emergency medical services vehicle;
128-25 (2) emergency medical services personnel certification
128-26 and performance, including provisional certification,
128-27 certification, decertification, recertification, suspension,
129-1 emergency suspension, and probation;
129-2 (3) the approval of courses and training programs, the
129-3 certification of program instructors, examiners, and course
129-4 coordinators for emergency medical services personnel training, and
129-5 the revocation and probation of an approval or certification;
129-6 (4) [continuing education programs and] examinations
129-7 of emergency medical services personnel;
129-8 (5) medical supervision of basic and advanced
129-9 life-support systems;
129-10 (6) granting, suspending, and revoking a license for
129-11 emergency medical services providers; and
129-12 (7) emergency medical services vehicles.
129-13 (f) The board shall recognize, prepare, or administer
129-14 continuing education programs for certified personnel. A
129-15 certificate holder must participate in the programs to the extent
129-16 required by the board to remain certified.
129-17 SECTION 19.03. Subchapter C, Chapter 773, Health and Safety
129-18 Code, is amended by adding Section 773.0505 to read as follows:
129-19 Sec. 773.0505. RULES REGARDING ADVERTISING OR COMPETITIVE
129-20 BIDDING. (a) The board may not adopt rules restricting
129-21 advertising or competitive bidding by a license or certificate
129-22 holder except to prohibit false, misleading, or deceptive
129-23 practices.
129-24 (b) In its rules to prohibit false, misleading, or deceptive
129-25 practices, the board may not include a rule that:
129-26 (1) restricts the use of any medium for advertising;
129-27 (2) restricts the use of a license or certificate
130-1 holder's personal appearance or voice in an advertisement;
130-2 (3) relates to the size or duration of an
130-3 advertisement by the license or certificate holder; or
130-4 (4) restricts the license or certificate holder's
130-5 advertisement under a trade name.
130-6 SECTION 19.04. Section 773.055, Health and Safety Code, is
130-7 amended by adding Subsections (g) and (h) to read as follows:
130-8 (g) The board by rule may adopt a system under which
130-9 certificates expire on various dates during the year. For the year
130-10 in which the certificate expiration date is changed, the department
130-11 shall prorate certificate fees on a monthly basis so that each
130-12 certificate holder pays only that portion of the certificate fee
130-13 that is allocable to the number of months during which the
130-14 certificate is valid. On renewal of the certificate on the new
130-15 expiration date, the total certificate renewal fee is payable.
130-16 (h) The department shall ensure that the written
130-17 examinations and any other tests that the department requires a
130-18 person to take and pass to obtain or retain certification as
130-19 emergency medical services personnel shall be administered during
130-20 the course of a year at various locations around the state so that
130-21 a person who resides in any part of the state will be able to take
130-22 the examinations or tests without having to travel a distance that
130-23 as a practical matter requires either travel by air or an overnight
130-24 stay.
130-25 SECTION 19.05. Section 773.059, Health and Safety Code, is
130-26 amended to read as follows:
130-27 Sec. 773.059. LATE RECERTIFICATION. (a) A person who is
131-1 otherwise eligible to renew a certificate may renew an unexpired
131-2 certificate by paying the required renewal fee to the department
131-3 before the expiration date of the certificate. A person whose
131-4 certificate has expired may not engage in activities that require
131-5 certification until the certificate has been renewed.
131-6 (b) A person whose certificate has been expired for 90 days
131-7 or less may renew the certificate by paying to the department a
131-8 renewal fee that is equal to 1-1/2 times the normally required
131-9 renewal fee.
131-10 (c) A person whose certificate has been expired for more
131-11 than 90 days but less than one year may renew the certificate by
131-12 paying to the department a renewal fee that is equal to two times
131-13 the normally required renewal fee.
131-14 (d) A person whose certificate has been expired for one year
131-15 or more may not renew the certificate. The person may become
131-16 certified by complying with the requirements and procedures,
131-17 including the examination requirements, for an original
131-18 certification.
131-19 (e) A person who was certified in this state, moved to
131-20 another state, and is currently certified or licensed and has been
131-21 in practice in the other state for the two years preceding the date
131-22 of application may become certified without reexamination. The
131-23 person must pay to the department a fee that is equal to two times
131-24 the normally required renewal fee for certification.
131-25 (f) Not later than the 30th day before the date a person's
131-26 certificate is scheduled to expire, the department shall send
131-27 written notice of the impending expiration to the person at the
132-1 person's last known address according to the records of the
132-2 department. [Except as provided by Subsection (b), a person
132-3 applying for recertification whose application is received after
132-4 the expiration date of the person's certificate must pay a late fee
132-5 of $25.]
132-6 (g) [(b)] A person certified by the department who is
132-7 deployed in support of military, security, or other action by the
132-8 United Nations Security Council, a national emergency declared by
132-9 the president of the United States, or a declaration of war by the
132-10 United States Congress is eligible for recertification under
132-11 Section 773.050 on the person's demobilization for one calendar
132-12 year after the date of demobilization.
132-13 SECTION 19.06. Section 773.061, Health and Safety Code, is
132-14 amended to read as follows:
132-15 Sec. 773.061. DISCIPLINARY ACTIONS. (a) For a violation of
132-16 this chapter or a rule adopted under this chapter, the department
132-17 shall revoke, suspend, or refuse to renew a license or certificate
132-18 of or shall reprimand [may]:
132-19 (1) [decertify, suspend, place on emergency
132-20 suspension, or place on probation] emergency medical services
132-21 personnel;
132-22 (2) [revoke or place on probation course or training
132-23 program approval;]
132-24 [(3) revoke, suspend, or place on probation the
132-25 certificate of] a program instructor, examiner, or course
132-26 coordinator; and
132-27 (3) [(4) revoke, suspend, or place on probation] an
133-1 emergency medical services provider license holder.
133-2 (b) For a violation of this chapter or a rule adopted under
133-3 this chapter, the department shall revoke, suspend, or refuse to
133-4 renew approval of a course or training program.
133-5 (c) For a violation of this chapter or a rule adopted under
133-6 this chapter, the department may place on emergency suspension
133-7 emergency medical services personnel.
133-8 (d) The department may place on probation a course or
133-9 training program or a person, including emergency medical services
133-10 personnel, an emergency medical services provider license holder,
133-11 or a program instructor, examiner, or course coordinator, whose
133-12 certificate, license, or approval is suspended. If a suspension is
133-13 probated, the department may require the person or the sponsor of a
133-14 course or training program, as applicable:
133-15 (1) to report regularly to the department on matters
133-16 that are the basis of the probation;
133-17 (2) to limit practice to the areas prescribed by the
133-18 board; or
133-19 (3) to continue or review professional education until
133-20 the person attains a degree of skill satisfactory to the department
133-21 in those areas that are the basis of the probation.
133-22 (e) Except as provided by Section 773.062, the procedures by
133-23 which the department takes action under this section and the
133-24 procedures by which that action is appealed are governed by the
133-25 procedures for a contested case hearing under Chapter 2001,
133-26 Government Code.
133-27 SECTION 19.07. Sections 773.122(a), (c), (d), and (f),
134-1 Health and Safety Code, are amended to read as follows:
134-2 (a) The commissioner, with advice and counsel from the
134-3 chairpersons of the trauma service area regional advisory councils,
134-4 shall use money in the emergency medical services and trauma care
134-5 system fund established under Section 773.121 to fund [county and]
134-6 regional emergency medical services and trauma care systems in
134-7 accordance with this section.
134-8 (c) In any fiscal year the commissioner shall use at least
134-9 70 percent of the appropriated money remaining in the emergency
134-10 medical services and trauma care system fund, after any amount
134-11 necessary to maintain the reserve established by Subsection (b) is
134-12 deducted, to fund, in connection with an effort to provide
134-13 coordination with the appropriate trauma service [support] area,
134-14 the cost of supplies, operational expenses, education and
134-15 training, equipment, vehicles, and communications systems for local
134-16 emergency medical services. The money shall be distributed on
134-17 behalf of eligible recipients in each county to the trauma service
134-18 area regional advisory council for that county, if the regional
134-19 advisory council is incorporated as an entity that is exempt from
134-20 federal income tax under Section 501(a), Internal Revenue Code of
134-21 1986, and its subsequent amendments, by being listed as an exempt
134-22 organization under Section 501(c)(3) of the code. For a county for
134-23 which the regional advisory council is not incorporated as such an
134-24 entity, the money shall be distributed to the county [to counties]
134-25 on behalf of eligible recipients. The [A county's] share of the
134-26 money allocated to the eligible recipients in a county's geographic
134-27 area shall be based on the relative geographic size and population
135-1 of the county and on the relative trauma death rates [number of
135-2 emergency or trauma care runs performed by eligible recipients] in
135-3 the county. Money that is not disbursed by a regional advisory
135-4 council or a county to eligible recipients for approved functions
135-5 by the end of the fiscal year in which the funds were disbursed [to
135-6 the county] shall be returned to the fund to be used in accordance
135-7 with Subsection (f).
135-8 (d) In any fiscal year, the commissioner may use not more
135-9 than 25 percent of the appropriated money remaining in the
135-10 emergency medical services and trauma care system fund, after any
135-11 amount necessary to maintain the reserve established by Subsection
135-12 (b) is deducted, for operation of the 22 trauma service [support]
135-13 areas and for equipment, communications, and education and training
135-14 for the areas. Money distributed under this subsection shall be
135-15 distributed on behalf of eligible recipients in each county to the
135-16 trauma service area regional advisory council for that county, if
135-17 the regional advisory council is incorporated as an entity that is
135-18 exempt from federal income tax under Section 501(a), Internal
135-19 Revenue Code of 1986, and its subsequent amendments, by being
135-20 listed as an exempt organization under Section 501(c)(3) of the
135-21 code. For a county for which the regional advisory council is not
135-22 incorporated as such an entity, the money shall be distributed to
135-23 the county in which the chairperson of an area's regional advisory
135-24 council sits on behalf of eligible recipients. A regional advisory
135-25 council's share of money distributed under this section shall be
135-26 based on the relative geographic size and population of each trauma
135-27 service [support] area and on the relative trauma death rates in
136-1 the county [amount of trauma care provided]. Money that is not
136-2 disbursed by a regional advisory council or county to eligible
136-3 recipients for approved functions by the end of the fiscal year in
136-4 which the funds were disbursed [to the county] shall be returned
136-5 to the fund to be used in accordance with Subsection (f).
136-6 (f) In any fiscal year, the commissioner shall use at least
136-7 two percent of the appropriated money remaining in the emergency
136-8 medical services and trauma care system fund after any amount
136-9 necessary to maintain the reserve established by Subsection (b) is
136-10 deducted and the money in the fund not otherwise distributed under
136-11 this section to fund a portion of the uncompensated trauma care
136-12 provided at facilities designated as state trauma facilities by the
136-13 department. A regional advisory council chairperson may petition
136-14 the department for disbursement of funds to a trauma center in the
136-15 chairperson's trauma service [support] area that has suffered
136-16 deleterious effects due to uncompensated trauma care. Funds may be
136-17 disbursed under this subsection based on a proportionate share of
136-18 uncompensated trauma care provided in the state and may be used to
136-19 fund innovative projects to enhance the delivery of patient care in
136-20 the overall emergency medical services and trauma care system.
136-21 SECTION 19.08. Sections 773.123(a) and (b), Health and
136-22 Safety Code, are amended to read as follows:
136-23 (a) Except as provided by Subsection (b), money distributed
136-24 from the emergency medical services and trauma care system fund
136-25 shall be used in accordance with Section 773.122 on the
136-26 authorization of:
136-27 (1) the executive committee of the trauma service area
137-1 regional advisory council, in those regions where the money is
137-2 distributed on behalf of eligible recipients to the regional
137-3 advisory council; and
137-4 (2) the chief executive of the county to which the
137-5 money is disbursed on vouchers issued by the county's treasurer.
137-6 (b) In a county with a population of 291,000 or more for
137-7 which[,] money distributed from the emergency medical services and
137-8 trauma care system fund is not distributed to a trauma service area
137-9 regional advisory council, the money shall be used in accordance
137-10 with Section 773.122 on the joint authorization of the chief
137-11 executive of the county to which the money is disbursed and the
137-12 mayor of the principal municipality in that county on vouchers
137-13 issued by the county's treasurer.
137-14 SECTION 19.09. Section 773.124, Health and Safety Code, is
137-15 amended to read as follows:
137-16 Sec. 773.124. LOSS OF FUNDING ELIGIBILITY. For a period of
137-17 not less than one year or more than three years, as determined by
137-18 the department, the department may not disburse money under Section
137-19 773.122 to a trauma service area regional advisory council, county,
137-20 municipality, or local recipient that the department finds used
137-21 money in violation of that section.
137-22 SECTION 19.10. Chapter 773, Health and Safety Code, is
137-23 amended by adding Subchapter F to read as follows:
137-24 SUBCHAPTER F. MEDICAL INFORMATION PROVIDED BY CERTAIN
137-25 EMERGENCY MEDICAL SERVICES OPERATORS
137-26 Sec. 773.141. DEFINITIONS. In this subchapter:
137-27 (1) "Emergency call" means a telephone call or other
138-1 similar communication from a member of the public, as part of a
138-2 9-1-1 system or otherwise, made to obtain emergency medical
138-3 services.
138-4 (2) "Emergency medical services operator" means a
138-5 person who, as a volunteer or employee of a public agency, as that
138-6 term is defined by Section 771.001, receives emergency calls.
138-7 Sec. 773.142. APPLICATION OF SUBCHAPTER. This subchapter
138-8 does not apply to a physician or other licensed person who may
138-9 provide medical information under law.
138-10 Sec. 773.143. PROVISION OF MEDICAL INFORMATION. An
138-11 emergency medical services operator may provide medical information
138-12 to a member of the public during an emergency call if:
138-13 (1) the operator has successfully completed an
138-14 emergency medical services operator training program and holds a
138-15 certificate issued under Section 773.144; and
138-16 (2) the information provided substantially conforms to
138-17 the protocol for delivery of the information adopted by the board
138-18 under Section 773.145.
138-19 Sec. 773.144. TRAINING PROGRAMS. (a) The department may
138-20 offer emergency medical services operator training programs and may
138-21 approve training programs offered by other persons. The board by
138-22 rule shall establish minimum standards for approval of training
138-23 programs and certification and decertification of program
138-24 instructors.
138-25 (b) The provider of an emergency medical services operator
138-26 training program shall issue an emergency medical services operator
138-27 a certificate evidencing completion of the training program. The
139-1 board by rule may require that, before issuance of the certificate,
139-2 the operator successfully complete an examination administered by
139-3 the board, by the provider of the training program, or by another
139-4 person.
139-5 (c) The board by rule may provide that a certificate issued
139-6 under Subsection (b) expires at the end of a specified period not
139-7 less than one year after the date on which the certificate is
139-8 issued and may adopt requirements, including additional training or
139-9 examination, for renewal of the certificate.
139-10 (d) The board by rule may adopt other requirements relating
139-11 to emergency medical services operator training programs. The
139-12 establishment of minimum standards under this section does not
139-13 prohibit the entity that is employing or accepting the volunteer
139-14 services of the emergency medical services operator from imposing
139-15 additional training standards or procedures.
139-16 Sec. 773.145. MEDICAL INFORMATION. The board by rule shall
139-17 adopt a protocol that must be used to provide medical information
139-18 under Section 773.143. The protocol may include the use of a
139-19 flash-card system or other similar system designed to make the
139-20 information readily accessible to the emergency medical services
139-21 operator in an understandable form.
139-22 Sec. 773.146. LIMITATION ON CIVIL LIABILITY. (a) An
139-23 emergency medical services operator who holds a certificate under
139-24 Section 773.144 is not liable for damages that arise from the
139-25 provision of medical information according to the protocol adopted
139-26 under Section 773.145 if the information is provided in good faith.
139-27 This subsection does not apply to an act or omission of the
140-1 operator that constitutes gross negligence, recklessness, or
140-2 intentional misconduct. This subsection does not affect any
140-3 liability imposed on a public agency for the conduct of the
140-4 emergency medical services operator under Section 101.062, Civil
140-5 Practice and Remedies Code.
140-6 (b) Section 101.062, Civil Practice and Remedies Code,
140-7 governs the liability of a public agency the employees or
140-8 volunteers of which provide medical information under this
140-9 subchapter.
140-10 Sec. 773.147. FEES. (a) The board by rule may adopt fees
140-11 for:
140-12 (1) training programs provided by the board under
140-13 Section 773.144; and
140-14 (2) the approval of program instructors and of
140-15 training programs offered by other persons.
140-16 (b) The fees adopted under this section may not exceed the
140-17 amount necessary for the department to recover the cost of
140-18 administering this subchapter.
140-19 SECTION 19.11. The Texas Board of Health shall abolish any
140-20 advisory body created by rule to perform the functions assigned to
140-21 the advisory council created by Section 773.012, Health and Safety
140-22 Code, as added by this Act.
140-23 SECTION 19.12. The change in law made by this Act to
140-24 Sections 773.122, 773.123, and 773.124, Health and Safety Code,
140-25 applies only to distributions made from the emergency medical
140-26 services and trauma care system fund established under Section
140-27 773.121, Health and Safety Code, that are made on or after that
141-1 date. Distributions from the fund that are made before the
141-2 effective date of this Act are governed by the law as it existed
141-3 immediately before that date, and that law is continued in effect
141-4 for that purpose.
141-5 SECTION 19.13. (a) Subchapter F, Chapter 773, Health and
141-6 Safety Code, as added by this Act, applies only to the provision of
141-7 medical information by an emergency medical services operator, as
141-8 that term is defined by Section 773.141, Health and Safety Code, as
141-9 added by this Act, on or after January 1, 2000. The provision of
141-10 medical information before January 1, 2000, is governed by the law
141-11 as it existed immediately before the effective date of this Act,
141-12 and that law is continued in effect for that purpose.
141-13 (b) The Texas Board of Health shall adopt rules necessary
141-14 for the implementation of Subchapter F, Chapter 773, Health and
141-15 Safety Code, as added by this Act, not later than December 1, 1999.
141-16 ARTICLE 20. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
141-17 REGULATION OF CERTAIN ASBESTOS-RELATED ACTIVITIES
141-18 SECTION 20.01. The Texas Asbestos Health Protection Act
141-19 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
141-20 adding Section 5A to read as follows:
141-21 Sec. 5A. PROVISIONAL LICENSE OR REGISTRATION. (a) The
141-22 department may provisionally license or register an applicant
141-23 currently licensed or registered in another jurisdiction who seeks
141-24 a license or registration in this state and who:
141-25 (1) has been licensed or registered in good standing
141-26 to perform the relevant asbestos-related activity for at least two
141-27 years in another jurisdiction, including a foreign country, that
142-1 has licensing or registration requirements substantially equivalent
142-2 to the requirements of this Act;
142-3 (2) has passed a national or other examination
142-4 recognized by the department relating to the relevant
142-5 asbestos-related activity, if the department requires an
142-6 examination under Subsection (h) of Section 10 of this Act to
142-7 obtain the license or registration required to perform that
142-8 activity; and
142-9 (3) is sponsored by a person licensed by the
142-10 department under this Act with whom the provisional license or
142-11 registration holder will practice during the time the person holds
142-12 a provisional license or registration.
142-13 (b) The department may waive the requirement of Subsection
142-14 (a)(3) for an applicant if the department determines that
142-15 compliance with that subsection would be a hardship to the
142-16 applicant.
142-17 (c) A provisional license or registration is valid until the
142-18 date the department approves or denies the provisional license or
142-19 registration holder's application for licensing or registration.
142-20 The department shall issue a license or registration under this Act
142-21 to the provisional license or registration holder if:
142-22 (1) the provisional license or registration holder is
142-23 eligible to be licensed or registered under Subsection (j) of
142-24 Section 12 of this Act; or
142-25 (2) the provisional license or registration holder
142-26 passes the part of the examination under Subsection (h) of Section
142-27 10 of this Act that relates to the applicant's knowledge and
143-1 understanding of the laws and rules relating to the performance of
143-2 the relevant asbestos-related activity in this state, if the
143-3 department requires an examination under Subsection (h) of Section
143-4 10 of this Act to obtain the license or registration required to
143-5 perform that activity, and:
143-6 (A) the department verifies that the provisional
143-7 license or registration holder meets the relevant academic and
143-8 experience requirements for the requested license or registration
143-9 under this Act; and
143-10 (B) the provisional license or registration
143-11 holder satisfies any other applicable licensing or registration
143-12 requirements under this Act.
143-13 (d) The department must approve or deny a provisional
143-14 license or registration holder's application for a license or
143-15 registration not later than the 180th day after the date the
143-16 provisional license or registration is issued. The department may
143-17 extend the 180-day period if the results of an examination have not
143-18 been received by the department before the end of that period.
143-19 (e) The department may establish a fee for a provisional
143-20 license or registration in an amount reasonable and necessary to
143-21 cover the cost of issuing the license or registration.
143-22 SECTION 20.02. Section 6, Texas Asbestos Health Protection
143-23 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
143-24 amending Subsections (a) and (f) and adding Subsections (g)-(k) to
143-25 read as follows:
143-26 (a) A license issued under this Act expires on the first
143-27 anniversary of its effective date, unless the license is renewed
144-1 for a one-year term as provided by this section. The department by
144-2 rule may adopt a system under which licenses expire on various
144-3 dates during the year. For the year in which the license
144-4 expiration date is changed, the department shall prorate license
144-5 fees on a monthly basis so that each license holder pays only that
144-6 portion of the license fee that is allocable to the number of
144-7 months during which the license is valid. On renewal of the license
144-8 on the new expiration date, the total license renewal fee is
144-9 payable.
144-10 (f) A licensee may request a replacement license certificate
144-11 on completion of an appropriate application. [The fee for
144-12 reissuance shall not exceed $50.]
144-13 (g) A person whose license has expired may not engage in
144-14 activities that require a license until the license has been
144-15 renewed.
144-16 (h) A person whose license has been expired for 90 days or
144-17 less may renew the license by paying to the department a renewal
144-18 fee that is equal to 1-1/2 times the normally required renewal fee.
144-19 (i) A person whose license has been expired for more than 90
144-20 days but less than one year may renew the license by paying to the
144-21 department a renewal fee that is equal to two times the normally
144-22 required renewal fee.
144-23 (j) A person whose license has been expired for one year or
144-24 more may not renew the license. The person may obtain a new
144-25 license by complying with the requirements and procedures,
144-26 including the examination requirements, for obtaining an original
144-27 license.
145-1 (k) A person who was licensed in this state, moved to
145-2 another state, and is currently licensed and has been in practice
145-3 in the other state for the two years preceding the date of
145-4 application may obtain a new license without reexamination. The
145-5 person must pay to the department a fee that is equal to two times
145-6 the normally required renewal fee for the license.
145-7 SECTION 20.03. Section 8, Texas Asbestos Health Protection
145-8 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
145-9 amending Subsection (a) and adding Subsection (g) to read as
145-10 follows:
145-11 (a) After notice to the licensee and an opportunity for a
145-12 hearing, the department shall [may] reprimand the licensee or
145-13 modify, suspend, suspend on an emergency basis, or revoke a license
145-14 under this Act if an act or omission of the licensee meets the
145-15 criteria prescribed by the board under Subsection (c) of this
145-16 section.
145-17 (g) The department may place on probation a person whose
145-18 license is suspended. If a suspension is probated, the department
145-19 may require the person:
145-20 (1) to report regularly to the department on matters
145-21 that are the basis of the probation;
145-22 (2) to limit practice to the areas prescribed by the
145-23 board; or
145-24 (3) to continue or review professional education until
145-25 the person attains a degree of skill satisfactory to the board in
145-26 those areas that are the basis of the probation.
145-27 SECTION 20.04. Section 9, Texas Asbestos Health Protection
146-1 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
146-2 amending Subsections (b) and (h) and adding Subsection (j) to read
146-3 as follows:
146-4 (b) An application for registration or renewal as an
146-5 asbestos worker must be made on a form provided by the department.
146-6 An application for registration [or reregistration] must be
146-7 accompanied by a nonrefundable fee set by the board in an amount
146-8 not to exceed $50.
146-9 (h) After notice to the registrant and an opportunity for a
146-10 hearing in accordance with Section 11 of this Act, the department
146-11 shall [may] reprimand any registered worker or suspend, suspend on
146-12 an emergency basis, [or] revoke, or refuse to renew any
146-13 registration if the worker:
146-14 (1) has fraudulently or deceptively assigned,
146-15 obtained, or attempted to assign or obtain a registration or
146-16 renewal; or
146-17 (2) fails to comply with federal, state, or local
146-18 asbestos law or rule or with any order issued by the board or
146-19 department.
146-20 (j) The department may place on probation a person whose
146-21 registration is suspended. If a suspension is probated, the
146-22 department may require the person:
146-23 (1) to report regularly to the department on matters
146-24 that are the basis of the probation;
146-25 (2) to limit practice to the areas prescribed by the
146-26 board; or
146-27 (3) to continue or review professional education until
147-1 the person attains a degree of skill satisfactory to the board in
147-2 those areas that are the basis of the probation.
147-3 SECTION 20.05. The Texas Asbestos Health Protection Act
147-4 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
147-5 adding Section 10A to read as follows:
147-6 Sec. 10A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
147-7 later than the 30th day after the date a person takes a licensing
147-8 or registration examination under this Act, the department shall
147-9 notify the person of the results of the examination.
147-10 (b) If the examination is graded or reviewed by a testing
147-11 service:
147-12 (1) the department shall notify the person of the
147-13 results of the examination not later than the 14th day after the
147-14 date the department receives the results from the testing service;
147-15 and
147-16 (2) if notice of the examination results will be
147-17 delayed for longer than 90 days after the examination date, the
147-18 department shall notify the person of the reason for the delay
147-19 before the 90th day.
147-20 (c) The department may require a testing service to notify a
147-21 person of the results of the person's examination.
147-22 (d) If requested in writing by a person who fails a
147-23 licensing or registration examination administered under this Act,
147-24 the department shall furnish the person with an analysis of the
147-25 person's performance on the examination.
147-26 SECTION 20.06. The Texas Asbestos Health Protection Act
147-27 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
148-1 adding Section 12A to read as follows:
148-2 Sec. 12A. RULES REGARDING ADVERTISING OR COMPETITIVE
148-3 BIDDING. (a) The board may not adopt rules restricting
148-4 advertising or competitive bidding by a license or registration
148-5 holder except to prohibit false, misleading, or deceptive
148-6 practices.
148-7 (b) In its rules to prohibit false, misleading, or deceptive
148-8 practices, the board may not include a rule that:
148-9 (1) restricts the use of any medium for advertising;
148-10 (2) restricts the use of a license or registration
148-11 holder's personal appearance or voice in an advertisement;
148-12 (3) relates to the size or duration of an
148-13 advertisement by the license or registration holder; or
148-14 (4) restricts the license or registration holder's
148-15 advertisement under a trade name.
148-16 ARTICLE 21. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
148-17 REGULATION OF CERTAIN LEAD-BASED PAINT ACTIVITIES
148-18 SECTION 21.01. Chapter 332, Acts of the 74th Legislature,
148-19 Regular Session, 1995 (Article 9029, Vernon's Texas Civil
148-20 Statutes), is amended by adding Sections 3A and 3B to read as
148-21 follows:
148-22 Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
148-23 later than the 30th day after the date a person takes any
148-24 certification or accreditation examination under this Act, the
148-25 department shall notify the person of the results of the
148-26 examination.
148-27 (b) If an examination is graded or reviewed by a testing
149-1 service:
149-2 (1) the department shall notify the person of the
149-3 results of the examination not later than the 14th day after the
149-4 date the department receives the results from the testing service;
149-5 and
149-6 (2) if notice of the examination results will be
149-7 delayed for longer than 90 days after the examination date, the
149-8 department shall notify the person of the reason for the delay
149-9 before the 90th day.
149-10 (c) The department may require a testing service to notify a
149-11 person of the results of the person's examination.
149-12 (d) If requested in writing by a person who fails a
149-13 certification or accreditation examination administered under this
149-14 Act, the department shall furnish the person with an analysis of
149-15 the person's performance on the examination.
149-16 Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
149-17 (a) The Texas Board of Health may not adopt rules restricting
149-18 advertising or competitive bidding by a certified or accredited
149-19 person except to prohibit false, misleading, or deceptive
149-20 practices.
149-21 (b) In its rules to prohibit false, misleading, or deceptive
149-22 practices, the board may not include a rule that:
149-23 (1) restricts the use of any medium for advertising;
149-24 (2) restricts the use of a certified or accredited
149-25 person's personal appearance or voice in an advertisement;
149-26 (3) relates to the size or duration of an
149-27 advertisement by the certified or accredited person; or
150-1 (4) restricts the certified or accredited person's
150-2 advertisement under a trade name.
150-3 SECTION 21.02. Chapter 332, Acts of the 74th Legislature,
150-4 Regular Session, 1995 (Article 9029, Vernon's Texas Civil
150-5 Statutes), is amended by adding Sections 6A, 6B, and 6C to read as
150-6 follows:
150-7 Sec. 6A. EXPIRATION DATES OF CERTIFICATION OR ACCREDITATION.
150-8 The Texas Board of Health by rule may adopt a system under which
150-9 certifications or accreditations expire on various dates during the
150-10 year. For the year in which the expiration date is changed, the
150-11 department shall prorate certification or accreditation fees on a
150-12 monthly basis so that each certified or accredited person pays only
150-13 that portion of the certification or accreditation fee that is
150-14 allocable to the number of months during which the certification or
150-15 accreditation is valid. On renewal of the certification or
150-16 accreditation on the new expiration date, the total certification
150-17 or accreditation renewal fee is payable.
150-18 Sec. 6B. RENEWAL OF CERTIFICATION OR ACCREDITATION. (a) A
150-19 person who is otherwise eligible to renew a certification or
150-20 accreditation may renew an unexpired certification or accreditation
150-21 by paying the required renewal fee to the department before the
150-22 expiration date of the certification or accreditation. A person
150-23 whose certification or accreditation has expired may not engage in
150-24 activities that require certification or accreditation until the
150-25 certification or accreditation has been renewed.
150-26 (b) A person whose certification or accreditation has been
150-27 expired for 90 days or less may renew the certification or
151-1 accreditation by paying to the department a renewal fee that is
151-2 equal to 1-1/2 times the normally required renewal fee.
151-3 (c) A person whose certification or accreditation has been
151-4 expired for more than 90 days but less than one year may renew the
151-5 certification or accreditation by paying to the department a
151-6 renewal fee that is equal to two times the normally required
151-7 renewal fee.
151-8 (d) A person whose certification or accreditation has been
151-9 expired for one year or more may not renew the certification or
151-10 accreditation. The person may become recertified or reaccredited by
151-11 complying with the requirements and procedures, including any
151-12 examination requirements, for an original certification or
151-13 accreditation.
151-14 (e) A person who was certified or accredited in this state,
151-15 moved to another state, and is currently certified or accredited
151-16 and has been in practice in the other state for the two years
151-17 preceding the date of application may become recertified or
151-18 reaccredited without reexamination. The person must pay to the
151-19 department a fee that is equal to two times the normally required
151-20 renewal fee for certification or accreditation.
151-21 (f) Not later than the 30th day before the date a person's
151-22 certification or accreditation is scheduled to expire, the
151-23 department shall send written notice of the impending expiration to
151-24 the person at the person's last known address according to the
151-25 records of the department.
151-26 Sec. 6C. DISCIPLINARY ACTIONS. (a) The department shall
151-27 revoke, suspend, or refuse to renew a certification or
152-1 accreditation or shall reprimand a certified or accredited person
152-2 for a violation of this Act or a rule of the board.
152-3 (b) The board may place on probation a person whose
152-4 certification or accreditation is suspended. If a suspension is
152-5 probated, the board may require the person:
152-6 (1) to report regularly to the department on matters
152-7 that are the basis of the probation;
152-8 (2) to limit practice to the areas prescribed by the
152-9 board; or
152-10 (3) to continue or review professional education until
152-11 the person attains a degree of skill satisfactory to the board in
152-12 those areas that are the basis of the probation.
152-13 ARTICLE 22. CERTAIN PROVISIONS RELATING TO ABORTION FACILITIES
152-14 SECTION 22.01. Section 245.004, Health and Safety Code, is
152-15 amended to read as follows:
152-16 Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a)
152-17 The following facilities need not be licensed under this chapter:
152-18 (1) a hospital licensed under Chapter 241 (Texas
152-19 Hospital Licensing Law); or
152-20 (2) the office of a physician licensed under the
152-21 Medical Practice Act (Article 4495b, Vernon's Texas Civil
152-22 Statutes), unless the office is used [primarily] for the purpose of
152-23 performing more than 300 abortions in any 12-month period.
152-24 (b) In computing the number of abortions performed in the
152-25 office of a physician under Subsection (a)(2), an abortion
152-26 performed in accordance with Section 245.016 is not included.
152-27 SECTION 22.02. Section 245.014(b), Health and Safety Code,
153-1 is amended to read as follows:
153-2 (b) An offense under this section is a Class A [C]
153-3 misdemeanor.
153-4 SECTION 22.03. Section 245.016, Health and Safety Code, is
153-5 amended to read as follows:
153-6 Sec. 245.016. ABORTION IN UNLICENSED ABORTION FACILITY TO
153-7 PREVENT DEATH OR SERIOUS IMPAIRMENT. This chapter does not remove
153-8 the responsibility or limit the ability of a physician to perform
153-9 an abortion in an unlicensed abortion facility if, at the
153-10 commencement of the abortion, the physician reasonably believes
153-11 that the abortion is necessary to prevent the death of the patient
153-12 or to prevent serious impairment of the patient's physical health
153-13 [or mental condition].
153-14 SECTION 22.04. The office of a physician that is exempt from
153-15 the licensing requirement of Chapter 245, Health and Safety Code,
153-16 under Section 245.004, Health and Safety Code, as it existed
153-17 immediately before the effective date of this Act, but that is
153-18 required to be licensed under Section 245.004, Health and Safety
153-19 Code, as amended by this Act, is not required to be licensed before
153-20 January 1, 2000.
153-21 SECTION 22.05. (a) The change in law made by this article to
153-22 Section 245.014, Health and Safety Code, applies only to the
153-23 punishment for an offense committed on or after the effective date
153-24 of this Act. For purposes of this section, an offense is committed
153-25 before the effective date of this Act if any element of the offense
153-26 occurs before the effective date.
153-27 (b) An offense committed before the effective date of this
154-1 Act is covered by the law in effect when the offense was committed,
154-2 and the former law is continued in effect for that purpose.
154-3 SECTION 22.06. (a) The change in law made by Section
154-4 245.016, Health and Safety Code, as amended by this article,
154-5 applies only to the punishment for an offense committed on or after
154-6 the effective date of this Act. For purposes of this section, an
154-7 offense is committed before the effective date of this Act if any
154-8 element of the offense occurs before the effective date.
154-9 (b) An offense committed before the effective date of this
154-10 Act is covered by the law in effect when the offense was committed,
154-11 and the former law is continued in effect for that purpose.
154-12 ARTICLE 23. EFFECTIVE DATE; EMERGENCY
154-13 SECTION 23.01. This Act takes effect September 1, 1999.
154-14 SECTION 23.02. The importance of this legislation and the
154-15 crowded condition of the calendars in both houses create an
154-16 emergency and an imperative public necessity that the
154-17 constitutional rule requiring bills to be read on three several
154-18 days in each house be suspended, and this rule is hereby suspended.