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 Sections 12.004 and 12.005 to read as
8-7 follows:
8-8 Sec. 12.004. DEVELOPMENT OF PROPOSED RULES. (a) This
8-9 section applies to the process by which the department develops
8-10 proposed rules for the board's consideration before the proposed
8-11 rules are published in the Texas Register and before the board,
8-12 commissioner, or department complies with the rulemaking
8-13 requirements of the administrative procedure law, Chapter 2001,
8-14 Government Code. This section does not affect the duty of the
8-15 board, commissioner, or department to comply with the rulemaking
8-16 requirements of that law.
8-17 (b) The board shall require the department to establish a
8-18 checklist of methods that, to the extent appropriate, the
8-19 department will follow to obtain early in the rule development
8-20 process the advice and opinions of the public and of persons who
8-21 will be most affected by a proposed rule. The checklist must
8-22 include methods for identifying persons who will be most affected
8-23 and for soliciting at a minimum the advice and opinions of affected
8-24 local health departments, of recipients and providers of affected
8-25 services, and of advocates for affected recipients or providers.
8-26 (c) The checklist may include negotiated rulemaking,
8-27 informal conferences, advisory committees, and any other
9-1 appropriate method.
9-2 (d) A rule adopted by the board may not be challenged on the
9-3 grounds that the board, commissioner, or department did not comply
9-4 with this section. If the department was unable to solicit a
9-5 significant amount of advice and opinion from the public or from
9-6 affected persons early in the rule development process, the
9-7 department shall state in writing to the board the reasons why the
9-8 department was unable to do so.
9-9 Sec. 12.005. MEDICAL DIRECTOR: MEDICAID MANAGED CARE AND
9-10 CHIPS PROGRAMS. (a) In addition to any other medical director
9-11 employed by the department, the board shall require the department
9-12 to employ a separate medical director whose duties consist of
9-13 acting as the medical director for the children's health insurance
9-14 program created under Title XXI of the Social Security Act (42
9-15 U.S.C. Section 1397aa et seq.) and also as the medical director for
9-16 the Medicaid managed care program, to the extent that those
9-17 programs are administered by the department.
9-18 (b) The medical director shall be primarily responsible for
9-19 implementing and maintaining policies and systems for the programs
9-20 that relate to clinical and professional medical issues, including
9-21 clinical oversight.
9-22 (c) The medical director must be a physician licensed to
9-23 practice medicine in this state.
9-24 SECTION 1.09. Subchapter B, Chapter 12, Health and Safety
9-25 Code, is amended by adding Section 12.0115 to read as follows:
9-26 Sec. 12.0115. INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS.
9-27 (a) In this section, "health care delivery programs" includes the
10-1 department's primary health care services program, its program to
10-2 improve maternal and infant health, its services for chronically
10-3 ill and disabled children, any aspects of health care delivery
10-4 under the state Medicaid program assigned to the department by law
10-5 or by the Health and Human Services Commission, and the part of any
10-6 other department program concerned with the department's
10-7 responsibility for the delivery of health care services.
10-8 (b) The department shall integrate the functions of its
10-9 different health care delivery programs to the maximum extent
10-10 possible, including integrating the functions of health care
10-11 delivery programs that are part of the state Medicaid program with
10-12 functions of health care delivery programs that are not part of the
10-13 state Medicaid program.
10-14 (c) At a minimum, the department's integration of the
10-15 functions of its different health care delivery programs must
10-16 include the integration within and across the programs of:
10-17 (1) the development of health care policy;
10-18 (2) the delivery of health care services, to the
10-19 extent appropriate for the recipients of the health care services;
10-20 and
10-21 (3) to the extent possible, the administration of
10-22 contracts with providers of health care services, particularly
10-23 providers who concurrently provide health care services under more
10-24 than one contract or program with the department.
10-25 (d) One of the primary goals of the department in
10-26 integrating the delivery of health care services for the benefit of
10-27 recipients shall be providing for continuity of care for
11-1 individuals and families, accomplished to the extent possible by
11-2 providing an individual or family with a medical home that serves
11-3 as the primary initial health care provider.
11-4 (e) One of the primary goals of the department in
11-5 integrating the administration of its contracts with providers of
11-6 health care services shall be designing an integrated contract
11-7 administration system that reduces the administrative and paperwork
11-8 burden on providers while still providing the department with the
11-9 information it needs to effectively administer the contracts. The
11-10 department's integration of contract administration must include:
11-11 (1) the integration of the initial procurement process
11-12 within and across programs, at least in part by efficiently
11-13 combining requests for bids or proposals within or across programs
11-14 to the extent it reduces the administrative burden for providers;
11-15 (2) the establishment of uniform contract terms,
11-16 including:
11-17 (A) contract terms that require information from
11-18 providers, or that prescribe performance standards for providers,
11-19 that could be made uniform within or across programs while
11-20 remaining effective as contract terms;
11-21 (B) the establishment of a procedure under which
11-22 a contractor or a person responding to a request for bids or
11-23 proposals may supply the department with requested information
11-24 whenever possible by referencing current and correct information
11-25 previously supplied to and on file with the department; and
11-26 (C) contract terms regarding incentives for
11-27 contractors to meet or exceed contract requirements;
12-1 (3) the integration of contract monitoring,
12-2 particularly with regard to monitoring providers that deliver
12-3 health services for the department under more than one contract or
12-4 under more than one department program; and
12-5 (4) the integration of reimbursement methods:
12-6 (A) particularly for a provider that delivers
12-7 health services for the department under more than one contract or
12-8 under more than one department program; and
12-9 (B) including the application across programs of
12-10 the most effective and efficient reimbursement technologies or
12-11 methods that are available to the department under any of its
12-12 programs.
12-13 (f) The department shall examine the extent to which the
12-14 department could integrate all or part of its health care delivery
12-15 programs into a single delivery system.
12-16 (g) If a federal requirement that the federal government may
12-17 waive restricts the department's integration efforts under this
12-18 section, the department may seek a waiver of the requirement from
12-19 the federal government. If the waiver affects a program for which
12-20 another state agency is designated the single state agency for
12-21 federal purposes, the department shall request the single state
12-22 agency to seek the waiver.
12-23 (h) The department may not integrate health care delivery
12-24 programs under this section in a way that affects the single state
12-25 agency status of another state agency for federal purposes without
12-26 obtaining the approval of the Health and Human Services Commission
12-27 and any necessary federal approval.
13-1 SECTION 1.10. Subchapter B, Chapter 12, Health and Safety
13-2 Code, is amended by adding Sections 12.0123 and 12.0124 to read as
13-3 follows:
13-4 Sec. 12.0123. EXTERNAL AUDITS OF CERTAIN MEDICAID
13-5 CONTRACTORS BASED ON RISK. (a) In this section, "Medicaid
13-6 contractor" means an entity that:
13-7 (1) is not a health and human services agency as
13-8 defined by Section 531.001, Government Code; and
13-9 (2) under a contract with or otherwise on behalf of
13-10 the department, performs one or more administrative services in
13-11 relation to the department's operation of a part of the state
13-12 Medicaid program, such as claims processing, utilization review,
13-13 client enrollment, provider enrollment, quality monitoring, or
13-14 payment of claims.
13-15 (b) The department shall contract with an independent
13-16 auditor to perform independent external financial and performance
13-17 audits of any Medicaid contractor used by the department in the
13-18 department's operation of a part of the state Medicaid program. The
13-19 department regularly shall review its Medicaid contracts and ensure
13-20 that:
13-21 (1) the frequency and extent of audits of a Medicaid
13-22 contractor under this section are based on the amount of risk to
13-23 the state involved in the administrative services being performed
13-24 by the contractor;
13-25 (2) audit procedures related to financial audits and
13-26 performance audits are used consistently in audits under this
13-27 section; and
14-1 (3) to the extent possible, audits under this section
14-2 are completed in a timely manner.
14-3 (c) If another state agency succeeds to the department's
14-4 operation of a part of the state Medicaid program for which the
14-5 department used a Medicaid contractor, the successor agency shall
14-6 comply with this section with regard to the Medicaid contractor,
14-7 including the requirement to contract with an independent auditor
14-8 to perform the external financial and performance audits required
14-9 by this section.
14-10 Sec. 12.0124. ELECTRONIC TRANSACTIONS; STATE MEDICAID
14-11 PROGRAM. The department or the department's successor in function
14-12 in relation to the department's operation of a part of the state
14-13 Medicaid program shall implement policies that encourage the use of
14-14 electronic transactions. The policies shall require payment to
14-15 Medicaid service providers by electronic funds transfer, including
14-16 electronic remittance and status reports. The policies shall also
14-17 include the establishment of incentives to submit claims
14-18 electronically and of disincentives to submit claims on paper that
14-19 are reasonably based on the higher administrative costs to process
14-20 claims submitted on paper.
14-21 SECTION 1.11. Subchapter B, Chapter 12, Health and Safety
14-22 Code, is amended by adding Sections 12.0145 and 12.0146 to read as
14-23 follows:
14-24 Sec. 12.0145. INFORMATION ABOUT ENFORCEMENT ACTIONS. (a)
14-25 The department shall publish and provide information in accordance
14-26 with this section regarding each final enforcement action taken by
14-27 the department, commissioner, or board against a person or facility
15-1 regulated by the department in which any kind of sanction is
15-2 imposed, including:
15-3 (1) the imposition of a reprimand, a period of
15-4 probation, a monetary penalty, or a condition on a person's
15-5 continued practice or a facility's continued operation; and
15-6 (2) the refusal to renew or the suspension, probation,
15-7 or revocation of a license or other form of permission to engage in
15-8 an activity.
15-9 (b) Except to the extent that the information is
15-10 specifically made confidential under other law, the department
15-11 shall publish and provide the name, including any trade name, of
15-12 the person or facility against which an enforcement action was
15-13 taken, the violation that the person or facility was found to have
15-14 committed, and the sanction imposed. The department shall publish
15-15 and provide the information in a way that does not serve to
15-16 identify a complainant.
15-17 (c) The department shall publish the information on its
15-18 generally accessible Internet site. The department also shall
15-19 provide the information by establishing a system under which
15-20 members of the public can call toll-free numbers to obtain the
15-21 information efficiently and with a minimum of delay. The
15-22 department shall appropriately publicize the toll-free numbers.
15-23 (d) The department shall publish and provide the information
15-24 promptly after the sanction has been imposed or, when applicable,
15-25 promptly after the period during which the sanction is imposed has
15-26 begun. The department by rule shall establish the length of time
15-27 during which the required information will be published and
16-1 provided under this section based on the department's determination
16-2 regarding the types of services provided by regulated entities and
16-3 the length of time for which information about a category of
16-4 enforcement actions is useful to a member of the public.
16-5 (e) The department shall publish and provide the information
16-6 using clear language that can be readily understood by a person
16-7 with a high school education.
16-8 (f) If another law specifically requires that particular
16-9 information subject to this section shall be published in another
16-10 manner, the department shall comply with this section and with the
16-11 other law.
16-12 (g) A determination that the department is not required to
16-13 publish and provide information under this section does not affect
16-14 a determination regarding whether the information is subject to
16-15 required disclosure under the open records law, Chapter 552,
16-16 Government Code. The department's determination regarding the
16-17 length of the period during which information should continue to be
16-18 published and provided under this section does not affect a
16-19 determination regarding the period for which the information must
16-20 be preserved under Chapter 441, Government Code, or under another
16-21 law.
16-22 Sec. 12.0146. TRENDS IN ENFORCEMENT. The department shall
16-23 publish annually an analysis of its enforcement actions taken under
16-24 state law with regard to each profession, industry, or type of
16-25 facility regulated by the department. The analysis for each
16-26 regulatory area must show at a minimum the year-to-year trends in
16-27 the number and types of enforcement actions taken by the department
17-1 in its regulation of the profession, industry, or type of facility.
17-2 SECTION 1.12. Section 466.001(a), Health and Safety Code, is
17-3 amended to read as follows:
17-4 (a) It is the intent of the legislature that the department
17-5 [and the commission] exercise its [their respective] administrative
17-6 powers and regulatory authority to ensure the proper use of
17-7 approved narcotic drugs in the treatment of narcotic dependent
17-8 persons.
17-9 SECTION 1.13. Section 466.002, Health and Safety Code, is
17-10 amended to read as follows:
17-11 Sec. 466.002. DEFINITIONS. In this chapter:
17-12 (1) "Approved narcotic drug" means a drug approved by
17-13 the United States Food and Drug Administration for maintenance or
17-14 detoxification of a person physiologically addicted to the opiate
17-15 class of drugs.
17-16 (2) "Authorized agent" means an employee of the
17-17 department who is designated by the commissioner to enforce this
17-18 chapter.
17-19 (3) "Board" means the Texas Board of Health.
17-20 (4) ["Commission" means the Texas Commission on
17-21 Alcohol and Drug Abuse.]
17-22 [(5)] "Commissioner" means the commissioner of public
17-23 health.
17-24 (5) [(6)] "Department" means the Texas Department of
17-25 Health.
17-26 (6) [(7)] "Facility" includes a medical office, an
17-27 outpatient clinic, a general or special hospital, a community
18-1 mental health center, and any other location in which a structured
18-2 narcotic dependency program is conducted.
18-3 (7) [(8)] "Narcotic drug" has the meaning assigned by
18-4 Chapter 481 (Texas Controlled Substances Act).
18-5 SECTION 1.14. Section 466.004(a), Health and Safety Code, is
18-6 amended to read as follows:
18-7 (a) The board shall adopt and the department shall
18-8 administer and enforce rules to ensure the proper use of approved
18-9 narcotic drugs in the treatment of narcotic drug-dependent persons,
18-10 including rules that:
18-11 (1) require an applicant or a permit holder to make
18-12 annual, periodic, and special reports that the department
18-13 determines are necessary;
18-14 (2) require an applicant or permit holder to keep
18-15 records that the department determines are necessary;
18-16 (3) provide for investigations that the department
18-17 determines are necessary; and
18-18 (4) provide for the coordination of the approval of
18-19 narcotic drug treatment programs by the United States Food and Drug
18-20 Administration and the United States Drug Enforcement
18-21 Administration[; and]
18-22 [(5) provide for cooperation with the commission in
18-23 the licensing of narcotic drug treatment programs as required by
18-24 Subchapter A, Chapter 464].
18-25 SECTION 1.15. Section 466.022, Health and Safety Code, is
18-26 amended to read as follows:
18-27 Sec. 466.022. LIMITATION ON PRESCRIPTION, ORDER, OR
19-1 ADMINISTRATION OF NARCOTIC DRUG. A physician may not prescribe,
19-2 order, or administer a narcotic drug for the purpose of treating
19-3 drug dependency unless the physician prescribes, orders, or
19-4 administers an approved narcotic drug for the maintenance or
19-5 detoxification of drug-dependent persons as part of a program
19-6 permitted by the department [and the commission].
19-7 SECTION 1.16. Section 32.028, Human Resources Code, is
19-8 amended by adding Subsections (e) and (f) to read as follows:
19-9 (e) The department in its adoption of reasonable rules and
19-10 standards governing the determination of rates paid for services
19-11 provided by a federally qualified health center, as defined by 42
19-12 U.S.C. Section 1396d(l)(2)(B), shall assure that a center is
19-13 reimbursed for 100 percent of reasonable costs incurred by the
19-14 center in rendering services to Medicaid recipients.
19-15 (f) The department in its adoption of reasonable rules and
19-16 standards governing the determination of rates paid for services
19-17 provided by a rural health clinic, as defined by 42 U.S.C. Section
19-18 1396d(l)(1), shall assure that a clinic is reimbursed for 100
19-19 percent of reasonable costs incurred by the clinic in rendering
19-20 services to Medicaid recipients.
19-21 SECTION 1.17. Section 11.016(c), Health and Safety Code, is
19-22 repealed.
19-23 SECTION 1.18. Section 466.005, Health and Safety Code, is
19-24 repealed.
19-25 SECTION 1.19. Section 503.008, Health and Safety Code, is
19-26 repealed.
19-27 SECTION 1.20. The Texas Department of Health shall publish
20-1 the first comprehensive strategic and operational plan required
20-2 under Section 11.0045, Health and Safety Code, as added by this
20-3 Act, not later than September 1, 2000.
20-4 SECTION 1.21. The Texas Department of Health shall
20-5 comprehensively study the impact that the state's Medicaid managed
20-6 care program has had on each of the populations served by the
20-7 department and on all health care providers, clinics, and
20-8 hospitals. The department shall report its findings to the
20-9 presiding officer of each house of the legislature and of each
20-10 legislative committee that has oversight responsibility for the
20-11 department not later than November 1, 2000.
20-12 SECTION 1.22. (a) As soon as possible after the effective
20-13 date of this Act and to the extent allowed under federal law, the
20-14 Texas Department of Health shall implement a pilot project that, on
20-15 a scale appropriate for a pilot project, integrates all appropriate
20-16 functions of the department's health care delivery programs in
20-17 accordance with Section 12.0115, Health and Safety Code, as added
20-18 by this Act, including integrating the functions of health care
20-19 delivery programs that are part of the state Medicaid program with
20-20 functions of health care delivery programs that are not part of the
20-21 state Medicaid program.
20-22 (b) The pilot project must be initiated not later than
20-23 September 1, 2000. The pilot project terminates September 1, 2001,
20-24 but the department may continue successful elements of the project
20-25 after that date as part of the department's general duty to
20-26 integrate its health care delivery programs under Section 12.0115,
20-27 Health and Safety Code, as added by this Act.
21-1 (c) The department shall make an interim report regarding
21-2 its problems and progress in implementing the pilot project not
21-3 later than September 1, 2000, as part of the initial comprehensive
21-4 strategic and operational plan required under Section 11.0045,
21-5 Health and Safety Code, as added by this Act. The department shall
21-6 fully evaluate the successes and problems of the completed pilot
21-7 project as part of the comprehensive strategic and operational plan
21-8 that the department is required to publish not later than September
21-9 1, 2002.
21-10 (d) In addition to reporting on the problems and successes
21-11 of the pilot project, the department shall evaluate generally the
21-12 duties imposed on the department under Section 12.0115, Health and
21-13 Safety Code, as added by this Act. The department shall report not
21-14 later than September 1, 2002, as part of the second comprehensive
21-15 strategic and operational plan, on the benefits and problems that
21-16 the department foresees in fully implementing Section 12.0115. The
21-17 second comprehensive report shall:
21-18 (1) state the ways in which the department intends to
21-19 integrate its programs;
21-20 (2) demonstrate why it is expected that the
21-21 department's approach will best promote the goals of program
21-22 integration, with regard to expected benefits to recipients and
21-23 providers of health services and with regard to administrative
21-24 savings expected to be realized by government and by providers of
21-25 health services;
21-26 (3) address the extent to which the department has
21-27 implemented or plans to implement a uniform contracting process
22-1 that incorporates processes and principles identified by the
22-2 department's contract leverage team in its July 1996 Contracting
22-3 Guide for Client Services, and state the expected savings and
22-4 efficiencies that have resulted or should result from
22-5 implementation;
22-6 (4) state the ways in which the department's plan to
22-7 integrate the functions of its health care delivery programs
22-8 includes a plan to coordinate contract performance monitoring,
22-9 combine claims processing, and improve the process by which
22-10 providers are reimbursed; and
22-11 (5) recommend any changes to state law that are needed
22-12 to remove impediments to an integrated health care delivery system.
22-13 SECTION 1.23. (a) The Texas Department of Health, with the
22-14 assistance of the state auditor, shall conduct a comprehensive
22-15 evaluation of the department's regulatory functions. The
22-16 evaluation must include an examination and analysis of the
22-17 effectiveness of the department's:
22-18 (1) rules that affect or support its regulatory
22-19 practices;
22-20 (2) inspection efforts, including its scheduling of
22-21 inspections and consistency between inspections;
22-22 (3) investigative practices, including investigations
22-23 conducted in response to a complaint;
22-24 (4) use of sanctions;
22-25 (5) enforcement actions in relation to the time it
22-26 takes to initiate and complete an enforcement action and in
22-27 relation to the role of the department's office of general counsel;
23-1 (6) efforts to ensure compliance with applicable laws
23-2 and rules; and
23-3 (7) efforts to ensure the consistency and
23-4 appropriateness of the training of inspectors, including ensuring
23-5 that:
23-6 (A) inspectors are familiar with the type of
23-7 facility and with the type of care provided at a facility that they
23-8 inspect; and
23-9 (B) the skills and knowledge of inspectors
23-10 remain current through continuing education and review.
23-11 (b) The department shall report the results of the
23-12 evaluation, including the identification of any problem areas and
23-13 any recommended solutions to the problems that require management
23-14 actions or statutory changes, to the legislature and to the Texas
23-15 Board of Health not later than November 1, 2000.
23-16 SECTION 1.24. (a) The change in law made by this Act to
23-17 Section 2003.021, Government Code, transferring the responsibility
23-18 to conduct hearings in matters that are contested cases under
23-19 Chapter 2001, Government Code, from the commissioner of public
23-20 health and the Texas Board of Health or Texas Department of Health
23-21 to the State Office of Administrative Hearings, applies only to a
23-22 contested case in which notice of the hearing is given under
23-23 Sections 2001.051 and 2001.052, Government Code, on or after the
23-24 effective date of this Act. The commissioner of public health or
23-25 the Texas Board of Health or Texas Department of Health, as
23-26 appropriate, shall conduct the hearing in a contested case for
23-27 which the notice of hearing is given before the effective date of
24-1 this Act.
24-2 (b) This Act does not transfer from the commissioner of
24-3 public health or the Texas Board of Health or Texas Department of
24-4 Health, as appropriate, the responsibility to conduct a fair
24-5 hearing that is required under federal law unless the fair hearing
24-6 is considered to be a contested case under Chapter 2001, Government
24-7 Code.
24-8 (c) This Act does not require the commissioner of public
24-9 health or the Texas Board of Health or Texas Department of Health
24-10 to transfer personnel to the State Office of Administrative
24-11 Hearings.
24-12 SECTION 1.25. The changes in law made by this Act in the
24-13 prohibitions applying to members of the Texas Board of Health do
24-14 not affect the entitlement of a member serving on the board
24-15 immediately before September 1, 1999, to continue to serve and
24-16 function as a member of the board for the remainder of the member's
24-17 term. The changes in law apply only to a member appointed on or
24-18 after September 1, 1999.
24-19 ARTICLE 2. LICENSURE OF HOSPITAL OUTPATIENT FACILITIES;
24-20 FEES CHARGED TO HOSPITALS
24-21 SECTION 2.01. Section 241.023, Health and Safety Code, is
24-22 amended to read as follows:
24-23 Sec. 241.023. ISSUANCE OF LICENSE. (a) On receiving a
24-24 license application and the license fee, the department shall issue
24-25 a license if it finds that the applicant and the hospital comply
24-26 with this chapter and the rules or standards adopted under this
24-27 chapter.
25-1 (b) A license may be renewed annually after payment of the
25-2 required fee.
25-3 (c) The department may issue a license only for the premises
25-4 and person or governmental unit named in the application.
25-5 (d) Subject to Subsection (e), a license issued under this
25-6 section for a hospital includes each outpatient facility that is
25-7 not separately licensed, that is located apart from the hospital,
25-8 and for which the hospital has submitted to the department:
25-9 (1) a copy of a fire safety survey that is dated not
25-10 earlier than one year before the submission date indicating
25-11 approval by:
25-12 (A) the local fire authority in whose
25-13 jurisdiction the outpatient facility is located; or
25-14 (B) the nearest fire authority, if the
25-15 outpatient facility is located outside of the jurisdiction of a
25-16 local fire authority; and
25-17 (2) if the hospital is accredited by the Joint
25-18 Commission on Accreditation of Healthcare Organizations or the
25-19 American Osteopathic Association, a copy of documentation from the
25-20 accrediting body showing that the outpatient facility is included
25-21 within the hospital's accreditation.
25-22 (e) Subsection (d) applies only if the federal Department of
25-23 Health and Human Services, Health Care Financing Administration, or
25-24 Office of Inspector General adopts final or interim final rules
25-25 requiring state licensure of outpatient facilities as a condition
25-26 of the determination of provider-based status for Medicare
25-27 reimbursement purposes.
26-1 (f) A license may not be transferred or assigned without the
26-2 written approval of the department.
26-3 (g) [(e)] A license shall be posted in a conspicuous place
26-4 on the licensed premises.
26-5 SECTION 2.02. Section 241.025, Health and Safety Code, is
26-6 amended to read as follows:
26-7 Sec. 241.025. LICENSE FEES. (a) The department shall
26-8 charge each hospital an annual license fee for an initial license
26-9 or a license renewal.
26-10 (b) The board by rule shall adopt the fees authorized by
26-11 Subsection (a) according to a schedule under [in] which the number
26-12 of beds in the hospital determines the amount of the fee. The fee
26-13 may not exceed $15 [$10] a bed. A minimum license fee may be
26-14 established. The minimum fee may not exceed $1,000[, and the total
26-15 fee may not be less than $200 or more than $10,000].
26-16 (c) A fee adopted under this chapter must be based on the
26-17 estimated cost to and level of effort expended by the department to
26-18 conduct the activity for which the fee is imposed. [The board by
26-19 rule shall adopt a temporary initial license fee in an amount
26-20 sufficient to cover the reasonable expense to the department of
26-21 issuing the license.]
26-22 (d) All license fees collected shall be deposited in the
26-23 state treasury to the credit of the department to administer and
26-24 enforce this chapter. These fees are hereby appropriated to the
26-25 department.
26-26 SECTION 2.03. Section 241.104, Health and Safety Code, is
26-27 amended to read as follows:
27-1 Sec. 241.104. HOSPITAL PLAN REVIEWS. (a) The board by rule
27-2 shall adopt fees for hospital plan reviews according to a schedule
27-3 based on the estimated construction costs. [If an estimated
27-4 construction cost cannot be established, the estimated cost is $105
27-5 per square foot.]
27-6 (b) The fee schedule may not exceed the following:
27-7 Cost of Construction Fee
27-8 (1) $ 100,000 [600,000] or less $ 500
27-9 (2) $ 100,001 - $ 600,000 $1,500
27-10 (3) $ 600,001 - $ 2,000,000 $3,000 [1,000]
27-11 (4) [(3)] $ 2,000,001 - $ 5,000,000 $4,500 [1,500]
27-12 (5) [(4)] $ 5,000,001 - $10,000,000 $6,000 [2,000]
27-13 (6) [(5)] $10,000,001 and over $7,500 [3,000]
27-14 (c) The department shall charge a fee for field surveys of
27-15 construction plans reviewed under this section. The board by rule
27-16 shall adopt a fee schedule for the surveys that provides a minimum
27-17 fee of $500 [$100] and a maximum fee of $1,000 [$400] for each
27-18 survey conducted.
27-19 SECTION 2.04. Section 241.0231, Health and Safety Code, is
27-20 repealed.
27-21 ARTICLE 3. AMBULATORY SURGICAL CENTERS; ADMINISTRATIVE
27-22 PENALTIES
27-23 SECTION 3.01. Chapter 243, Health and Safety Code, is
27-24 amended by adding Sections 243.015 and 243.016 to read as follows:
27-25 Sec. 243.015. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
27-26 The department may impose an administrative penalty on a person
27-27 licensed under this chapter who violates this chapter or a rule or
28-1 order adopted under this chapter. A penalty collected under this
28-2 section or Section 243.016 shall be deposited in the state treasury
28-3 in the general revenue fund.
28-4 (b) A proceeding to impose the penalty is considered to be a
28-5 contested case under Chapter 2001, Government Code.
28-6 (c) The amount of the penalty may not exceed $1,000 for each
28-7 violation, and each day a violation continues or occurs is a
28-8 separate violation for purposes of imposing a penalty. The total
28-9 amount of the penalty assessed for a violation continuing or
28-10 occurring on separate days under this subsection may not exceed
28-11 $5,000.
28-12 (d) The amount shall be based on:
28-13 (1) the seriousness of the violation, including the
28-14 nature, circumstances, extent, and gravity of the violation;
28-15 (2) the threat to health or safety caused by the
28-16 violation;
28-17 (3) the history of previous violations;
28-18 (4) the amount necessary to deter a future violation;
28-19 (5) whether the violator demonstrated good faith,
28-20 including when applicable whether the violator made good faith
28-21 efforts to correct the violation; and
28-22 (6) any other matter that justice may require.
28-23 (e) If the department initially determines that a violation
28-24 occurred, the department shall give written notice of the report by
28-25 certified mail to the person.
28-26 (f) The notice under Subsection (e) must:
28-27 (1) include a brief summary of the alleged violation;
29-1 (2) state the amount of the recommended penalty; and
29-2 (3) inform the person of the person's right to a
29-3 hearing on the occurrence of the violation, the amount of the
29-4 penalty, or both.
29-5 (g) Within 20 days after the date the person receives the
29-6 notice under Subsection (e), the person in writing may:
29-7 (1) accept the determination and recommended penalty
29-8 of the department; or
29-9 (2) make a request for a hearing on the occurrence of
29-10 the violation, the amount of the penalty, or both.
29-11 (h) If the person accepts the determination and recommended
29-12 penalty or if the person fails to respond to the notice, the
29-13 commissioner of public health by order shall approve the
29-14 determination and impose the recommended penalty.
29-15 (i) If the person requests a hearing, the commissioner of
29-16 public health shall refer the matter to the State Office of
29-17 Administrative Hearings, which shall promptly set a hearing date
29-18 and give written notice of the time and place of the hearing to the
29-19 person. An administrative law judge of the State Office of
29-20 Administrative Hearings shall conduct the hearing.
29-21 (j) The administrative law judge shall make findings of fact
29-22 and conclusions of law and promptly issue to the commissioner of
29-23 public health a proposal for a decision about the occurrence of the
29-24 violation and the amount of a proposed penalty.
29-25 (k) Based on the findings of fact, conclusions of law, and
29-26 proposal for a decision, the commissioner of public health by order
29-27 may:
30-1 (1) find that a violation occurred and impose a
30-2 penalty; or
30-3 (2) find that a violation did not occur.
30-4 (l) The notice of the commissioner's order under Subsection
30-5 (k) that is sent to the person in accordance with Chapter 2001,
30-6 Government Code, must include a statement of the right of the
30-7 person to judicial review of the order.
30-8 Sec. 243.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE
30-9 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
30-10 order of the commissioner of public health under Section 243.015(k)
30-11 that imposes an administrative penalty becomes final, the person
30-12 shall:
30-13 (1) pay the penalty; or
30-14 (2) file a petition for judicial review of the
30-15 commissioner's order contesting the occurrence of the violation,
30-16 the amount of the penalty, or both.
30-17 (b) Within the 30-day period prescribed by Subsection (a), a
30-18 person who files a petition for judicial review may:
30-19 (1) stay enforcement of the penalty by:
30-20 (A) paying the penalty to the court for
30-21 placement in an escrow account; or
30-22 (B) giving the court a supersedeas bond approved
30-23 by the court that:
30-24 (i) is for the amount of the penalty; and
30-25 (ii) is effective until all judicial
30-26 review of the commissioner's order is final; or
30-27 (2) request the court to stay enforcement of the
31-1 penalty by:
31-2 (A) filing with the court a sworn affidavit of
31-3 the person stating that the person is financially unable to pay the
31-4 penalty and is financially unable to give the supersedeas bond; and
31-5 (B) sending a copy of the affidavit to the
31-6 commissioner of public health by certified mail.
31-7 (c) If the commissioner of public health receives a copy of
31-8 an affidavit under Subsection (b)(2), the commissioner may file
31-9 with the court, within five days after the date the copy is
31-10 received, a contest to the affidavit. The court shall hold a
31-11 hearing on the facts alleged in the affidavit as soon as
31-12 practicable and shall stay the enforcement of the penalty on
31-13 finding that the alleged facts are true. The person who files an
31-14 affidavit has the burden of proving that the person is financially
31-15 unable to pay the penalty or to give a supersedeas bond.
31-16 (d) If the person does not pay the penalty and the
31-17 enforcement of the penalty is not stayed, the penalty may be
31-18 collected. The attorney general may sue to collect the penalty.
31-19 (e) If the court sustains the finding that a violation
31-20 occurred, the court may uphold or reduce the amount of the penalty
31-21 and order the person to pay the full or reduced amount of the
31-22 penalty.
31-23 (f) If the court does not sustain the finding that a
31-24 violation occurred, the court shall order that a penalty is not
31-25 owed.
31-26 (g) If the person paid the penalty and if the amount of the
31-27 penalty is reduced or the penalty is not upheld by the court, the
32-1 court shall order, when the court's judgment becomes final, that
32-2 the appropriate amount plus accrued interest be remitted to the
32-3 person within 30 days after the date that the judgment of the court
32-4 becomes final. The interest accrues at the rate charged on loans to
32-5 depository institutions by the New York Federal Reserve Bank. The
32-6 interest shall be paid for the period beginning on the date the
32-7 penalty is paid and ending on the date the penalty is remitted.
32-8 (h) If the person gave a supersedeas bond and the penalty is
32-9 not upheld by the court, the court shall order, when the court's
32-10 judgment becomes final, the release of the bond. If the person gave
32-11 a supersedeas bond and the amount of the penalty is reduced, the
32-12 court shall order the release of the bond after the person pays the
32-13 reduced amount.
32-14 ARTICLE 4. BIRTHING CENTERS; ADMINISTRATIVE PENALTIES
32-15 SECTION 4.01. Chapter 244, Health and Safety Code, is
32-16 amended by adding Sections 244.015 and 244.016 to read as follows:
32-17 Sec. 244.015. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
32-18 The department may impose an administrative penalty on a person
32-19 licensed under this chapter who violates this chapter or a rule or
32-20 order adopted under this chapter. A penalty collected under this
32-21 section or Section 244.016 shall be deposited in the state treasury
32-22 in the general revenue fund.
32-23 (b) A proceeding to impose the penalty is considered to be a
32-24 contested case under Chapter 2001, Government Code.
32-25 (c) The amount of the penalty may not exceed $1,000 for each
32-26 violation, and each day a violation continues or occurs is a
32-27 separate violation for purposes of imposing a penalty. The total
33-1 amount of the penalty assessed for a violation continuing or
33-2 occurring on separate days under this subsection may not exceed
33-3 $5,000.
33-4 (d) The amount shall be based on:
33-5 (1) the seriousness of the violation, including the
33-6 nature, circumstances, extent, and gravity of the violation;
33-7 (2) the threat to health or safety caused by the
33-8 violation;
33-9 (3) the history of previous violations;
33-10 (4) the amount necessary to deter a future violation;
33-11 (5) whether the violator demonstrated good faith,
33-12 including when applicable whether the violator made good faith
33-13 efforts to correct the violation; and
33-14 (6) any other matter that justice may require.
33-15 (e) If the department initially determines that a violation
33-16 occurred, the department shall give written notice of the report by
33-17 certified mail to the person.
33-18 (f) The notice under Subsection (e) must:
33-19 (1) include a brief summary of the alleged violation;
33-20 (2) state the amount of the recommended penalty; and
33-21 (3) inform the person of the person's right to a
33-22 hearing on the occurrence of the violation, the amount of the
33-23 penalty, or both.
33-24 (g) Within 20 days after the date the person receives the
33-25 notice under Subsection (e), the person in writing may:
33-26 (1) accept the determination and recommended penalty
33-27 of the department; or
34-1 (2) make a request for a hearing on the occurrence of
34-2 the violation, the amount of the penalty, or both.
34-3 (h) If the person accepts the determination and recommended
34-4 penalty or if the person fails to respond to the notice, the
34-5 commissioner of public health by order shall approve the
34-6 determination and impose the recommended penalty.
34-7 (i) If the person requests a hearing, the commissioner of
34-8 public health shall refer the matter to the State Office of
34-9 Administrative Hearings, which shall promptly set a hearing date
34-10 and give written notice of the time and place of the hearing to the
34-11 person. An administrative law judge of the State Office of
34-12 Administrative Hearings shall conduct the hearing.
34-13 (j) The administrative law judge shall make findings of fact
34-14 and conclusions of law and promptly issue to the commissioner of
34-15 public health a proposal for a decision about the occurrence of the
34-16 violation and the amount of a proposed penalty.
34-17 (k) Based on the findings of fact, conclusions of law, and
34-18 proposal for a decision, the commissioner of public health by order
34-19 may:
34-20 (1) find that a violation occurred and impose a
34-21 penalty; or
34-22 (2) find that a violation did not occur.
34-23 (l) The notice of the commissioner's order under Subsection
34-24 (k) that is sent to the person in accordance with Chapter 2001,
34-25 Government Code, must include a statement of the right of the
34-26 person to judicial review of the order.
34-27 Sec. 244.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE
35-1 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
35-2 order of the commissioner of public health under Section 244.015(k)
35-3 that imposes an administrative penalty becomes final, the person
35-4 shall:
35-5 (1) pay the penalty; or
35-6 (2) file a petition for judicial review of the
35-7 commissioner's order contesting the occurrence of the violation,
35-8 the amount of the penalty, or both.
35-9 (b) Within the 30-day period prescribed by Subsection (a), a
35-10 person who files a petition for judicial review may:
35-11 (1) stay enforcement of the penalty by:
35-12 (A) paying the penalty to the court for
35-13 placement in an escrow account; or
35-14 (B) giving the court a supersedeas bond approved
35-15 by the court that:
35-16 (i) is for the amount of the penalty; and
35-17 (ii) is effective until all judicial
35-18 review of the commissioner's order is final; or
35-19 (2) request the court to stay enforcement of the
35-20 penalty by:
35-21 (A) filing with the court a sworn affidavit of
35-22 the person stating that the person is financially unable to pay the
35-23 penalty and is financially unable to give the supersedeas bond; and
35-24 (B) sending a copy of the affidavit to the
35-25 commissioner of public health by certified mail.
35-26 (c) If the commissioner of public health receives a copy of
35-27 an affidavit under Subsection (b)(2), the commissioner may file
36-1 with the court, within five days after the date the copy is
36-2 received, a contest to the affidavit. The court shall hold a
36-3 hearing on the facts alleged in the affidavit as soon as
36-4 practicable and shall stay the enforcement of the penalty on
36-5 finding that the alleged facts are true. The person who files an
36-6 affidavit has the burden of proving that the person is financially
36-7 unable to pay the penalty or to give a supersedeas bond.
36-8 (d) If the person does not pay the penalty and the
36-9 enforcement of the penalty is not stayed, the penalty may be
36-10 collected. The attorney general may sue to collect the penalty.
36-11 (e) If the court sustains the finding that a violation
36-12 occurred, the court may uphold or reduce the amount of the penalty
36-13 and order the person to pay the full or reduced amount of the
36-14 penalty.
36-15 (f) If the court does not sustain the finding that a
36-16 violation occurred, the court shall order that a penalty is not
36-17 owed.
36-18 (g) If the person paid the penalty and if the amount of the
36-19 penalty is reduced or the penalty is not upheld by the court, the
36-20 court shall order, when the court's judgment becomes final, that
36-21 the appropriate amount plus accrued interest be remitted to the
36-22 person within 30 days after the date that the judgment of the court
36-23 becomes final. The interest accrues at the rate charged on loans to
36-24 depository institutions by the New York Federal Reserve Bank. The
36-25 interest shall be paid for the period beginning on the date the
36-26 penalty is paid and ending on the date the penalty is remitted.
36-27 (h) If the person gave a supersedeas bond and the penalty is
37-1 not upheld by the court, the court shall order, when the court's
37-2 judgment becomes final, the release of the bond. If the person gave
37-3 a supersedeas bond and the amount of the penalty is reduced, the
37-4 court shall order the release of the bond after the person pays the
37-5 reduced amount.
37-6 ARTICLE 5. SPECIAL CARE FACILITIES; ADMINISTRATIVE PENALTIES
37-7 SECTION 5.01. Chapter 248, Health and Safety Code, is
37-8 amended by adding Subchapter D to read as follows:
37-9 SUBCHAPTER D. ADMINISTRATIVE PENALTY
37-10 Sec. 248.101. IMPOSITION OF PENALTY. (a) The department of
37-11 health may impose an administrative penalty on a person licensed
37-12 under this chapter who violates this chapter or a rule or order
37-13 adopted under this chapter.
37-14 (b) A penalty collected under this subchapter shall be
37-15 deposited in the state treasury in the general revenue fund.
37-16 Sec. 248.102. AMOUNT OF PENALTY. (a) The amount of the
37-17 penalty may not exceed $1,000 for each violation, and each day a
37-18 violation continues or occurs is a separate violation for purposes
37-19 of imposing a penalty. The total amount of the penalty assessed
37-20 for a violation continuing or occurring on separate days under this
37-21 subsection may not exceed $5,000.
37-22 (b) The amount shall be based on:
37-23 (1) the seriousness of the violation, including the
37-24 nature, circumstances, extent, and gravity of the violation;
37-25 (2) the threat to health or safety caused by the
37-26 violation;
37-27 (3) the history of previous violations;
38-1 (4) the amount necessary to deter a future violation;
38-2 (5) whether the violator demonstrated good faith,
38-3 including when applicable whether the violator made good faith
38-4 efforts to correct the violation; and
38-5 (6) any other matter that justice may require.
38-6 Sec. 248.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
38-7 (a) If the department initially determines that a violation
38-8 occurred, the department shall give written notice of the report by
38-9 certified mail to the person.
38-10 (b) The notice must:
38-11 (1) include a brief summary of the alleged violation;
38-12 (2) state the amount of the recommended penalty; and
38-13 (3) inform the person of the person's right to a
38-14 hearing on the occurrence of the violation, the amount of the
38-15 penalty, or both.
38-16 Sec. 248.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
38-17 Within 20 days after the date the person receives the notice sent
38-18 under Section 248.103, the person in writing may:
38-19 (1) accept the determination and recommended penalty
38-20 of the department; or
38-21 (2) make a request for a hearing on the occurrence of
38-22 the violation, the amount of the penalty, or both.
38-23 (b) If the person accepts the determination and recommended
38-24 penalty or if the person fails to respond to the notice, the
38-25 commissioner of public health by order shall approve the
38-26 determination and impose the recommended penalty.
38-27 Sec. 248.105. HEARING. (a) If the person requests a
39-1 hearing, the commissioner of public health shall refer the matter
39-2 to the State Office of Administrative Hearings, which shall
39-3 promptly set a hearing date and give written notice of the time and
39-4 place of the hearing to the person. An administrative law judge of
39-5 the State Office of Administrative Hearings shall conduct the
39-6 hearing.
39-7 (b) The administrative law judge shall make findings of fact
39-8 and conclusions of law and promptly issue to the commissioner of
39-9 public health a proposal for a decision about the occurrence of the
39-10 violation and the amount of a proposed penalty.
39-11 Sec. 248.106. DECISION BY COMMISSIONER. (a) Based on the
39-12 findings of fact, conclusions of law, and proposal for a decision,
39-13 the commissioner of public health by order may:
39-14 (1) find that a violation occurred and impose a
39-15 penalty; or
39-16 (2) find that a violation did not occur.
39-17 (b) The notice of the commissioner's order under Subsection
39-18 (a) that is sent to the person in accordance with Chapter 2001,
39-19 Government Code, must include a statement of the right of the
39-20 person to judicial review of the order.
39-21 Sec. 248.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
39-22 Within 30 days after the date the order of the commissioner of
39-23 public health under Section 248.106 that imposes an administrative
39-24 penalty becomes final, the person shall:
39-25 (1) pay the penalty; or
39-26 (2) file a petition for judicial review of the
39-27 commissioner's order contesting the occurrence of the violation,
40-1 the amount of the penalty, or both.
40-2 Sec. 248.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
40-3 the 30-day period prescribed by Section 248.107, a person who files
40-4 a petition for judicial review may:
40-5 (1) stay enforcement of the penalty by:
40-6 (A) paying the penalty to the court for
40-7 placement in an escrow account; or
40-8 (B) giving the court a supersedeas bond approved
40-9 by the court that:
40-10 (i) is for the amount of the penalty; and
40-11 (ii) is effective until all judicial
40-12 review of the commissioner's order is final; or
40-13 (2) request the court to stay enforcement of the
40-14 penalty by:
40-15 (A) filing with the court a sworn affidavit of
40-16 the person stating that the person is financially unable to pay the
40-17 penalty and is financially unable to give the supersedeas bond; and
40-18 (B) sending a copy of the affidavit to the
40-19 commissioner of public health by certified mail.
40-20 (b) If the commissioner of public health receives a copy of
40-21 an affidavit under Subsection (a)(2), the commissioner may file
40-22 with the court, within five days after the date the copy is
40-23 received, a contest to the affidavit. The court shall hold a
40-24 hearing on the facts alleged in the affidavit as soon as
40-25 practicable and shall stay the enforcement of the penalty on
40-26 finding that the alleged facts are true. The person who files an
40-27 affidavit has the burden of proving that the person is financially
41-1 unable to pay the penalty or to give a supersedeas bond.
41-2 Sec. 248.109. COLLECTION OF PENALTY. (a) If the person
41-3 does not pay the penalty and the enforcement of the penalty is not
41-4 stayed, the penalty may be collected.
41-5 (b) The attorney general may sue to collect the penalty.
41-6 Sec. 248.110. DECISION BY COURT. (a) If the court sustains
41-7 the finding that a violation occurred, the court may uphold or
41-8 reduce the amount of the penalty and order the person to pay the
41-9 full or reduced amount of the penalty.
41-10 (b) If the court does not sustain the finding that a
41-11 violation occurred, the court shall order that a penalty is not
41-12 owed.
41-13 Sec. 248.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
41-14 the person paid the penalty and if the amount of the penalty is
41-15 reduced or the penalty is not upheld by the court, the court shall
41-16 order, when the court's judgment becomes final, that the
41-17 appropriate amount plus accrued interest be remitted to the person
41-18 within 30 days after the date that the judgment of the court
41-19 becomes final.
41-20 (b) The interest accrues at the rate charged on loans to
41-21 depository institutions by the New York Federal Reserve Bank.
41-22 (c) The interest shall be paid for the period beginning on
41-23 the date the penalty is paid and ending on the date the penalty is
41-24 remitted.
41-25 Sec. 248.112. RELEASE OF BOND. (a) If the person gave a
41-26 supersedeas bond and the penalty is not upheld by the court, the
41-27 court shall order, when the court's judgment becomes final, the
42-1 release of the bond.
42-2 (b) If the person gave a supersedeas bond and the amount of
42-3 the penalty is reduced, the court shall order the release of the
42-4 bond after the person pays the reduced amount.
42-5 Sec. 248.113. ADMINISTRATIVE PROCEDURE. A proceeding to
42-6 impose the penalty is considered to be a contested case under
42-7 Chapter 2001, Government Code.
42-8 ARTICLE 6. ABUSABLE GLUES AND AEROSOL PAINTS; ADMINISTRATIVE
42-9 PENALTIES
42-10 SECTION 6.01. Chapter 485, Health and Safety Code, is
42-11 amended by adding Subchapter D to read as follows:
42-12 SUBCHAPTER D. ADMINISTRATIVE PENALTY
42-13 Sec. 485.101. IMPOSITION OF PENALTY. (a) The department
42-14 may impose an administrative penalty on a person who sells abusable
42-15 glue or aerosol paint at retail who violates this chapter or a rule
42-16 or order adopted under this chapter.
42-17 (b) A penalty collected under this subchapter shall be
42-18 deposited in the state treasury in the general revenue fund.
42-19 Sec. 485.102. AMOUNT OF PENALTY. (a) The amount of the
42-20 penalty may not exceed $1,000 for each violation, and each day a
42-21 violation continues or occurs is a separate violation for purposes
42-22 of imposing a penalty. The total amount of the penalty assessed
42-23 for a violation continuing or occurring on separate days under this
42-24 subsection may not exceed $5,000.
42-25 (b) The amount shall be based on:
42-26 (1) the seriousness of the violation, including the
42-27 nature, circumstances, extent, and gravity of the violation;
43-1 (2) the threat to health or safety caused by the
43-2 violation;
43-3 (3) the history of previous violations;
43-4 (4) the amount necessary to deter a future violation;
43-5 (5) whether the violator demonstrated good faith,
43-6 including when applicable whether the violator made good faith
43-7 efforts to correct the violation; and
43-8 (6) any other matter that justice may require.
43-9 Sec. 485.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
43-10 (a) If the department initially determines that a violation
43-11 occurred, the department shall give written notice of the report by
43-12 certified mail to the person.
43-13 (b) The notice must:
43-14 (1) include a brief summary of the alleged violation;
43-15 (2) state the amount of the recommended penalty; and
43-16 (3) inform the person of the person's right to a
43-17 hearing on the occurrence of the violation, the amount of the
43-18 penalty, or both.
43-19 Sec. 485.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
43-20 Within 20 days after the date the person receives the notice sent
43-21 under Section 485.103, the person in writing may:
43-22 (1) accept the determination and recommended penalty
43-23 of the department; or
43-24 (2) make a request for a hearing on the occurrence of
43-25 the violation, the amount of the penalty, or both.
43-26 (b) If the person accepts the determination and recommended
43-27 penalty or if the person fails to respond to the notice, the
44-1 commissioner by order shall approve the determination and impose
44-2 the recommended penalty.
44-3 Sec. 485.105. HEARING. (a) If the person requests a
44-4 hearing, the commissioner shall refer the matter to the State
44-5 Office of Administrative Hearings, which shall promptly set a
44-6 hearing date and give written notice of the time and place of the
44-7 hearing to the person. An administrative law judge of the State
44-8 Office of Administrative Hearings shall conduct the hearing.
44-9 (b) The administrative law judge shall make findings of fact
44-10 and conclusions of law and promptly issue to the commissioner a
44-11 proposal for a decision about the occurrence of the violation and
44-12 the amount of a proposed penalty.
44-13 Sec. 485.106. DECISION BY COMMISSIONER. (a) Based on the
44-14 findings of fact, conclusions of law, and proposal for a decision,
44-15 the commissioner by order may:
44-16 (1) find that a violation occurred and impose a
44-17 penalty; or
44-18 (2) find that a violation did not occur.
44-19 (b) The notice of the commissioner's order under Subsection
44-20 (a) that is sent to the person in accordance with Chapter 2001,
44-21 Government Code, must include a statement of the right of the
44-22 person to judicial review of the order.
44-23 Sec. 485.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
44-24 Within 30 days after the date the order of the commissioner under
44-25 Section 485.106 that imposes an administrative penalty becomes
44-26 final, the person shall:
44-27 (1) pay the penalty; or
45-1 (2) file a petition for judicial review of the
45-2 commissioner's order contesting the occurrence of the violation,
45-3 the amount of the penalty, or both.
45-4 Sec. 485.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
45-5 the 30-day period prescribed by Section 485.107, a person who files
45-6 a petition for judicial review may:
45-7 (1) stay enforcement of the penalty by:
45-8 (A) paying the penalty to the court for
45-9 placement in an escrow account; or
45-10 (B) giving the court a supersedeas bond approved
45-11 by the court that:
45-12 (i) is for the amount of the penalty; and
45-13 (ii) is effective until all judicial
45-14 review of the commissioner's order is final; or
45-15 (2) request the court to stay enforcement of the
45-16 penalty by:
45-17 (A) filing with the court a sworn affidavit of
45-18 the person stating that the person is financially unable to pay the
45-19 penalty and is financially unable to give the supersedeas bond; and
45-20 (B) sending a copy of the affidavit to the
45-21 commissioner by certified mail.
45-22 (b) If the commissioner receives a copy of an affidavit
45-23 under Subsection (a)(2), the commissioner may file with the court,
45-24 within five days after the date the copy is received, a contest to
45-25 the affidavit. The court shall hold a hearing on the facts alleged
45-26 in the affidavit as soon as practicable and shall stay the
45-27 enforcement of the penalty on finding that the alleged facts are
46-1 true. The person who files an affidavit has the burden of proving
46-2 that the person is financially unable to pay the penalty or to give
46-3 a supersedeas bond.
46-4 Sec. 485.109. COLLECTION OF PENALTY. (a) If the person
46-5 does not pay the penalty and the enforcement of the penalty is not
46-6 stayed, the penalty may be collected.
46-7 (b) The attorney general may sue to collect the penalty.
46-8 Sec. 485.110. DECISION BY COURT. (a) If the court sustains
46-9 the finding that a violation occurred, the court may uphold or
46-10 reduce the amount of the penalty and order the person to pay the
46-11 full or reduced amount of the penalty.
46-12 (b) If the court does not sustain the finding that a
46-13 violation occurred, the court shall order that a penalty is not
46-14 owed.
46-15 Sec. 485.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
46-16 the person paid the penalty and if the amount of the penalty is
46-17 reduced or the penalty is not upheld by the court, the court shall
46-18 order, when the court's judgment becomes final, that the
46-19 appropriate amount plus accrued interest be remitted to the person
46-20 within 30 days after the date that the judgment of the court
46-21 becomes final.
46-22 (b) The interest accrues at the rate charged on loans to
46-23 depository institutions by the New York Federal Reserve Bank.
46-24 (c) The interest shall be paid for the period beginning on
46-25 the date the penalty is paid and ending on the date the penalty is
46-26 remitted.
46-27 Sec. 485.112. RELEASE OF BOND. (a) If the person gave a
47-1 supersedeas bond and the penalty is not upheld by the court, the
47-2 court shall order, when the court's judgment becomes final, the
47-3 release of the bond.
47-4 (b) If the person gave a supersedeas bond and the amount of
47-5 the penalty is reduced, the court shall order the release of the
47-6 bond after the person pays the reduced amount.
47-7 Sec. 485.113. ADMINISTRATIVE PROCEDURE. A proceeding to
47-8 impose the penalty is considered to be a contested case under
47-9 Chapter 2001, Government Code.
47-10 ARTICLE 7. HAZARDOUS SUBSTANCES; ADMINISTRATIVE PENALTY
47-11 SECTION 7.01. Chapter 501, Health and Safety Code, is
47-12 amended by adding Subchapter D to read as follows:
47-13 SUBCHAPTER D. ADMINISTRATIVE PENALTY
47-14 Sec. 501.101. IMPOSITION OF PENALTY. (a) The department
47-15 may impose an administrative penalty on a person:
47-16 (1) who manufactures or repacks a hazardous substance
47-17 that is distributed in this state or who distributes a hazardous
47-18 substance in this state; and
47-19 (2) who violates this chapter or a rule or order
47-20 adopted under this chapter.
47-21 (b) A penalty collected under this subchapter shall be
47-22 deposited in the state treasury in the general revenue fund.
47-23 Sec. 501.102. AMOUNT OF PENALTY. (a) The amount of the
47-24 penalty may not exceed $1,000 for each violation, and each day a
47-25 violation continues or occurs is a separate violation for purposes
47-26 of imposing a penalty. The total amount of the penalty assessed
47-27 for a violation continuing or occurring on separate days under this
48-1 subsection may not exceed $5,000.
48-2 (b) The amount shall be based on:
48-3 (1) the seriousness of the violation, including the
48-4 nature, circumstances, extent, and gravity of the violation;
48-5 (2) the threat to health or safety caused by the
48-6 violation;
48-7 (3) the history of previous violations;
48-8 (4) the amount necessary to deter a future violation;
48-9 (5) whether the violator demonstrated good faith,
48-10 including when applicable whether the violator made good faith
48-11 efforts to correct the violation; and
48-12 (6) any other matter that justice may require.
48-13 Sec. 501.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
48-14 (a) If the department initially determines that a violation
48-15 occurred, the department shall give written notice of the report by
48-16 certified mail to the person.
48-17 (b) The notice must:
48-18 (1) include a brief summary of the alleged violation;
48-19 (2) state the amount of the recommended penalty; and
48-20 (3) inform the person of the person's right to a
48-21 hearing on the occurrence of the violation, the amount of the
48-22 penalty, or both.
48-23 Sec. 501.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
48-24 Within 20 days after the date the person receives the notice sent
48-25 under Section 501.103, the person in writing may:
48-26 (1) accept the determination and recommended penalty
48-27 of the department; or
49-1 (2) make a request for a hearing on the occurrence of
49-2 the violation, the amount of the penalty, or both.
49-3 (b) If the person accepts the determination and recommended
49-4 penalty or if the person fails to respond to the notice, the
49-5 commissioner of public health by order shall approve the
49-6 determination and impose the recommended penalty.
49-7 Sec. 501.105. HEARING. (a) If the person requests a
49-8 hearing, the commissioner of public health shall refer the matter
49-9 to the State Office of Administrative Hearings, which shall
49-10 promptly set a hearing date and give written notice of the time and
49-11 place of the hearing to the person. An administrative law judge of
49-12 the State Office of Administrative Hearings shall conduct the
49-13 hearing.
49-14 (b) The administrative law judge shall make findings of fact
49-15 and conclusions of law and promptly issue to the commissioner of
49-16 public health a proposal for a decision about the occurrence of the
49-17 violation and the amount of a proposed penalty.
49-18 Sec. 501.106. DECISION BY COMMISSIONER. (a) Based on the
49-19 findings of fact, conclusions of law, and proposal for a decision,
49-20 the commissioner of public health by order may:
49-21 (1) find that a violation occurred and impose a
49-22 penalty; or
49-23 (2) find that a violation did not occur.
49-24 (b) The notice of the commissioner's order under Subsection
49-25 (a) that is sent to the person in accordance with Chapter 2001,
49-26 Government Code, must include a statement of the right of the
49-27 person to judicial review of the order.
50-1 Sec. 501.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
50-2 Within 30 days after the date an order of the commissioner of
50-3 public health under Section 501.106 that imposes an administrative
50-4 penalty becomes final, the person shall:
50-5 (1) pay the penalty; or
50-6 (2) file a petition for judicial review of the
50-7 commissioner's order contesting the occurrence of the violation,
50-8 the amount of the penalty, or both.
50-9 Sec. 501.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
50-10 the 30-day period prescribed by Section 501.107, a person who files
50-11 a petition for judicial review may:
50-12 (1) stay enforcement of the penalty by:
50-13 (A) paying the penalty to the court for
50-14 placement in an escrow account; or
50-15 (B) giving the court a supersedeas bond approved
50-16 by the court that:
50-17 (i) is for the amount of the penalty; and
50-18 (ii) is effective until all judicial
50-19 review of the commissioner's order is final; or
50-20 (2) request the court to stay enforcement of the
50-21 penalty by:
50-22 (A) filing with the court a sworn affidavit of
50-23 the person stating that the person is financially unable to pay the
50-24 penalty and is financially unable to give the supersedeas bond; and
50-25 (B) giving a copy of the affidavit to the
50-26 commissioner of public health by certified mail.
50-27 (b) If the commissioner of public health receives a copy of
51-1 an affidavit under Subsection (a)(2), the commissioner may file
51-2 with the court, within five days after the date the copy is
51-3 received, a contest to the affidavit. The court shall hold a
51-4 hearing on the facts alleged in the affidavit as soon as
51-5 practicable and shall stay the enforcement of the penalty on
51-6 finding that the alleged facts are true. The person who files an
51-7 affidavit has the burden of proving that the person is financially
51-8 unable to pay the penalty or to give a supersedeas bond.
51-9 Sec. 501.109. COLLECTION OF PENALTY. (a) If the person
51-10 does not pay the penalty and the enforcement of the penalty is not
51-11 stayed, the penalty may be collected.
51-12 (b) The attorney general may sue to collect the penalty.
51-13 Sec. 501.110. DECISION BY COURT. (a) If the court sustains
51-14 the finding that a violation occurred, the court may uphold or
51-15 reduce the amount of the penalty and order the person to pay the
51-16 full or reduced amount of the penalty.
51-17 (b) If the court does not sustain the finding that a
51-18 violation occurred, the court shall order that a penalty is not
51-19 owed.
51-20 Sec. 501.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
51-21 the person paid the penalty and if the amount of the penalty is
51-22 reduced or the penalty is not upheld by the court, the court shall
51-23 order, when the court's judgment becomes final, that the
51-24 appropriate amount plus accrued interest be remitted to the person
51-25 within 30 days after the date that the judgment of the court
51-26 becomes final.
51-27 (b) The interest accrues at the rate charged on loans to
52-1 depository institutions by the New York Federal Reserve Bank.
52-2 (c) The interest shall be paid for the period beginning on
52-3 the date the penalty is paid and ending on the date the penalty is
52-4 remitted.
52-5 Sec. 501.112. RELEASE OF BOND. (a) If the person gave a
52-6 supersedeas bond and the penalty is not upheld by the court, the
52-7 court shall order, when the court's judgment becomes final, the
52-8 release of the bond.
52-9 (b) If the person gave a supersedeas bond and the amount of
52-10 the penalty is reduced, the court shall order the release of the
52-11 bond after the person pays the reduced amount.
52-12 Sec. 501.113. ADMINISTRATIVE PROCEDURE. A proceeding to
52-13 impose the penalty is considered to be a contested case under
52-14 Chapter 2001, Government Code.
52-15 ARTICLE 8. FEES FOR PRIVATE MENTAL HOSPITALS AND CERTAIN OTHER
52-16 MENTAL HEALTH FACILITIES
52-17 SECTION 8.01. Section 577.006, Health and Safety Code, is
52-18 amended to read as follows:
52-19 Sec. 577.006. FEES. (a) The department shall charge each
52-20 hospital an annual license fee for an initial license or a license
52-21 renewal [board by rule shall adopt:]
52-22 [(1) an application fee;]
52-23 [(2) a license fee;]
52-24 [(3) a fee schedule for reviewing the plan of the
52-25 hospital or facility premises; and]
52-26 [(4) a fee schedule for field surveys of construction
52-27 plans].
53-1 (b) The board by rule shall adopt the fees authorized by
53-2 Subsection (a) according to a schedule under which the number of
53-3 beds in the hospital determines the amount of the fee. The fee may
53-4 not exceed $15 a bed. A minimum license fee may be established.
53-5 The minimum fee may not exceed $1,000 [department may establish
53-6 staggered license renewal dates and dates on which fees are due].
53-7 (c) The board by rule shall adopt fees for hospital plan
53-8 reviews according to a schedule under which the amounts of the fees
53-9 are based on the estimated construction costs. [A fee adopted
53-10 under this chapter must be based on the estimated cost to and the
53-11 level of effort expended by the department to conduct the activity
53-12 for which the fee is imposed.]
53-13 (d) The fees imposed under the schedule may not exceed the
53-14 following:
53-15 Cost of Construction Fee
53-16 (1) $ 100,000 or less $ 500
53-17 (2) $ 100,001 - $ 600,000 $1,500
53-18 (3) $ 600,001 - $ 2,000,000 $3,000
53-19 (4) $ 2,000,001 - $ 5,000,000 $4,500
53-20 (5) $ 5,000,001 - $10,000,000 $6,000
53-21 (6) $10,000,001 and over $7,500
53-22 [The fees should be designed to recover all of the department's
53-23 cost in granting the initial license and in renewing the license,
53-24 but may not exceed $250.]
53-25 (e) The department shall charge a fee for field surveys of
53-26 construction plans reviewed under this section. The board by rule
53-27 shall adopt a fee schedule for the surveys that provides a minimum
54-1 fee of $500 and a maximum fee of $1,000 for each survey conducted
54-2 [fee for a plan review or field survey may not exceed $650].
54-3 (f) The department annually shall review the fee schedules
54-4 to ensure that the fees charged are based on the estimated costs to
54-5 and level of effort expended by the department.
54-6 (g) The department may establish staggered license renewal
54-7 dates and dates on which fees are due.
54-8 (h) A fee adopted under this chapter must be based on the
54-9 estimated cost to and level of effort expended by the department to
54-10 conduct the activity for which the fee is imposed.
54-11 (i) All license fees collected shall be deposited in the
54-12 state treasury to the credit of the department to administer and
54-13 enforce this chapter. These fees may be appropriated only to the
54-14 department. [Fees collected under this chapter shall be deposited
54-15 in the state treasury in a separate fund and may be appropriated
54-16 for salaries, maintenance, travel expenses, repairs, printing,
54-17 postage, and other uses and purposes prescribed by this subtitle.]
54-18 ARTICLE 9. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
54-19 RADIATION ADVISORY BOARD
54-20 SECTION 9.01. Section 401.015, Health and Safety Code, is
54-21 amended by adding Subsections (d), (e), and (f) to read as follows:
54-22 (d) In this subsection, "Texas trade association" means a
54-23 cooperative and voluntarily joined association of business or
54-24 professional competitors in this state designed to assist its
54-25 members and its industry or profession in dealing with mutual
54-26 business or professional problems and in promoting their common
54-27 interest. A person may not be a member of the advisory board if:
55-1 (1) the person is an officer, employee, or paid
55-2 consultant of a Texas trade association in the field of health
55-3 physics or radiological health; or
55-4 (2) the person's spouse is an officer, manager, or
55-5 paid consultant of a Texas trade association in the field of health
55-6 physics or radiological health.
55-7 (e) A person may not be a member of the advisory board or
55-8 act as the general counsel to the advisory board if the person is
55-9 required to register as a lobbyist under Chapter 305, Government
55-10 Code, because of the person's activities for compensation on behalf
55-11 of a profession related to the operation of the advisory board.
55-12 (f) Appointments to the advisory board shall be made without
55-13 regard to the race, color, disability, sex, religion, age, or
55-14 national origin of the appointees.
55-15 SECTION 9.02. Subchapter B, Chapter 401, Health and Safety
55-16 Code, is amended by adding Sections 401.0151 through 401.0153 to
55-17 read as follows:
55-18 Sec. 401.0151. TRAINING FOR ADVISORY BOARD MEMBERS. (a) A
55-19 person who is appointed to and qualifies for office as a member of
55-20 the advisory board may not vote, deliberate, or be counted as a
55-21 member in attendance at a meeting of the advisory board until the
55-22 person completes a training program that complies with this
55-23 section.
55-24 (b) The training program must provide the person with
55-25 information regarding:
55-26 (1) the legislation that created the advisory board;
55-27 (2) the role and functions of the advisory board;
56-1 (3) the rules of the advisory board and applicable
56-2 rules of the department, with an emphasis on the rules that relate
56-3 to disciplinary and investigatory authority;
56-4 (4) the requirements of:
56-5 (A) the open meetings law, Chapter 551,
56-6 Government Code;
56-7 (B) the public information law, Chapter 552,
56-8 Government Code;
56-9 (C) the administrative procedure law, Chapter
56-10 2001, Government Code; and
56-11 (D) other laws relating to public officials,
56-12 including conflict-of-interest laws; and
56-13 (5) any applicable ethics policies adopted by the
56-14 advisory board or the Texas Ethics Commission.
56-15 (c) A person appointed to the advisory board is entitled to
56-16 reimbursement, as provided by the General Appropriations Act, for
56-17 the travel expenses incurred in attending the training program
56-18 regardless of whether the attendance at the program occurs before
56-19 or after the person qualifies for office.
56-20 Sec. 401.0152. INFORMATION ABOUT STANDARDS OF CONDUCT. The
56-21 commissioner or the commissioner's designee shall provide to
56-22 members of the advisory board, as often as necessary, information
56-23 regarding the requirements for office under this subchapter,
56-24 including information regarding a person's responsibilities under
56-25 applicable laws relating to standards of conduct for state
56-26 officers.
56-27 Sec. 401.0153. GROUNDS FOR REMOVAL. (a) It is a ground for
57-1 removal from the advisory board that a member:
57-2 (1) does not have at the time of taking office the
57-3 qualifications required by Section 401.015(a);
57-4 (2) does not maintain during service on the advisory
57-5 board the qualifications required by Section 401.015(a);
57-6 (3) is ineligible for membership under Section
57-7 401.015(c), (d), or (e);
57-8 (4) cannot, because of illness or disability,
57-9 discharge the member's duties for a substantial part of the
57-10 member's term; or
57-11 (5) is absent from more than half of the regularly
57-12 scheduled advisory board meetings that the member is eligible to
57-13 attend during a calendar year without an excuse approved by a
57-14 majority vote of the advisory board.
57-15 (b) The validity of an action of the advisory board is not
57-16 affected by the fact that it is taken when a ground for removal of
57-17 an advisory board member exists.
57-18 (c) If the commissioner has knowledge that a potential
57-19 ground for removal exists, the commissioner shall notify the
57-20 advisory board chairman of the potential ground. The advisory
57-21 board chairman shall then notify the governor and the attorney
57-22 general that a potential ground for removal exists. If the
57-23 potential ground for removal involves the advisory board chairman,
57-24 the commissioner shall notify the next highest ranking officer of
57-25 the advisory board, who shall then notify the governor and the
57-26 attorney general that a potential ground for removal exists.
57-27 SECTION 9.03. Section 401.016, Health and Safety Code, is
58-1 amended to read as follows:
58-2 Sec. 401.016. OFFICERS. (a) The governor shall designate a
58-3 member of the advisory board as the advisory board chairman to
58-4 serve in that capacity at the will of the governor.
58-5 (b) The advisory board shall elect from its members a
58-6 [chairman,] vice-chairman[,] and secretary.
58-7 SECTION 9.04. Subchapter B, Chapter 401, Health and Safety
58-8 Code, is amended by adding Section 401.0181 to read as follows:
58-9 Sec. 401.0181. PUBLIC TESTIMONY. The advisory board shall
58-10 develop and implement policies that provide the public with a
58-11 reasonable opportunity to appear before the advisory board and to
58-12 speak on any issue under the jurisdiction of the advisory board.
58-13 SECTION 9.05. The changes in law made by this Act in the
58-14 prohibitions applying to members of the radiation advisory board do
58-15 not affect the entitlement of a member serving on the board
58-16 immediately before September 1, 1999, to continue to serve and
58-17 function as a member of the board for the remainder of the member's
58-18 term. The changes in law apply only to a member appointed on or
58-19 after September 1, 1999. The changes in law made by this Act do
58-20 not prohibit a person who is a member of the board immediately
58-21 before September 1, 1999, from being reappointed to the board if
58-22 the person is eligible to serve as a member under Chapter 401,
58-23 Health and Safety Code, as amended by this Act.
58-24 ARTICLE 10. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
58-25 COUNCIL ON ALZHEIMER'S DISEASE
58-26 SECTION 10.01. Section 101.002, Health and Safety Code, is
58-27 amended by amending Subsection (c) and adding Subsection (d) to
59-1 read as follows:
59-2 (c) The governor shall designate a member [members] of the
59-3 council who is not [shall annually elect a chairman from the
59-4 council, except that] an agency representative as the chairman of
59-5 the council to serve in that capacity at the will of the governor
59-6 [may not serve as the chairman].
59-7 (d) Appointments to the council shall be made without regard
59-8 to the race, color, disability, sex, religion, age, or national
59-9 origin of the appointees.
59-10 SECTION 10.02. Chapter 101, Health and Safety Code, is
59-11 amended by adding Sections 101.0021 through 101.0023 to read as
59-12 follows:
59-13 Sec. 101.0021. CONFLICT OF INTEREST. (a) In this section,
59-14 "Texas trade association" means a cooperative and voluntarily
59-15 joined association of business or professional competitors in this
59-16 state designed to assist its members and its industry or profession
59-17 in dealing with mutual business or professional problems and in
59-18 promoting their common interest.
59-19 (b) A person may not be a member of the council if:
59-20 (1) the person is an officer, employee, or paid
59-21 consultant of a Texas trade association in the field of medicine;
59-22 or
59-23 (2) the person's spouse is an officer, manager, or
59-24 paid consultant of a Texas trade association in the field of
59-25 medicine.
59-26 (c) A person may not be a member of the council if the
59-27 person is required to register as a lobbyist under Chapter 305,
60-1 Government Code, because of the person's activities for
60-2 compensation on behalf of a profession related to the operation of
60-3 the council.
60-4 Sec. 101.0022. GROUNDS FOR REMOVAL. (a) It is a ground for
60-5 removal from the council that a member:
60-6 (1) does not have at the time of taking office the
60-7 qualifications required by Section 101.002(a);
60-8 (2) does not maintain during service on the council
60-9 the qualifications required by Section 101.002(a);
60-10 (3) is ineligible for membership under Section
60-11 101.0021;
60-12 (4) cannot, because of illness or disability,
60-13 discharge the member's duties for a substantial part of the
60-14 member's term; or
60-15 (5) is absent from more than half of the regularly
60-16 scheduled council meetings that the member is eligible to attend
60-17 during a calendar year without an excuse approved by a majority
60-18 vote of the council.
60-19 (b) The validity of an action of the council is not affected
60-20 by the fact that it is taken when a ground for removal of a council
60-21 member exists.
60-22 (c) If the commissioner has knowledge that a potential
60-23 ground for removal exists, the commissioner shall notify the
60-24 chairman of the council of the potential ground. The chairman
60-25 shall then notify the governor and the attorney general that a
60-26 potential ground for removal exists. If the potential ground for
60-27 removal involves the chairman, the commissioner shall notify the
61-1 next highest ranking officer of the council, who shall then notify
61-2 the governor and the attorney general that a potential ground for
61-3 removal exists.
61-4 Sec. 101.0023. TRAINING. (a) A person who is appointed to
61-5 and qualifies for office as a member of the council may not vote,
61-6 deliberate, or be counted as a member in attendance at a meeting of
61-7 the council until the person completes a training program that
61-8 complies with this section.
61-9 (b) The training program must provide the person with
61-10 information regarding:
61-11 (1) the legislation that created the council;
61-12 (2) the programs operated by the council;
61-13 (3) the role and functions of the council;
61-14 (4) the rules of the council;
61-15 (5) the current budget for the council;
61-16 (6) the results of the most recent formal audit of the
61-17 council;
61-18 (7) the requirements of:
61-19 (A) the open meetings law, Chapter 551,
61-20 Government Code;
61-21 (B) the public information law, Chapter 552,
61-22 Government Code;
61-23 (C) the administrative procedure law, Chapter
61-24 2001, Government Code; and
61-25 (D) other laws relating to public officials,
61-26 including conflict-of-interest laws; and
61-27 (8) any applicable ethics policies adopted by the
62-1 council or the Texas Ethics Commission.
62-2 (c) A person appointed to the council is entitled to
62-3 reimbursement, as provided by the General Appropriations Act, for
62-4 the travel expenses incurred in attending the training program
62-5 regardless of whether the attendance at the program occurs before
62-6 or after the person qualifies for office.
62-7 SECTION 10.03. Chapter 101, Health and Safety Code, is
62-8 amended by adding Section 101.0065 to read as follows:
62-9 Sec. 101.0065. PUBLIC TESTIMONY. The council shall develop
62-10 and implement policies that provide the public with a reasonable
62-11 opportunity to appear before the council and to speak on any issue
62-12 under the jurisdiction of the council.
62-13 SECTION 10.04. Chapter 101, Health and Safety Code, is
62-14 amended by adding Section 101.0075 to read as follows:
62-15 Sec. 101.0075. DIVISION OF POLICY AND MANAGEMENT
62-16 RESPONSIBILITIES. The council shall develop and implement policies
62-17 that clearly separate the policymaking responsibilities of the
62-18 council and the management responsibilities of the commissioner and
62-19 the staff of the department.
62-20 SECTION 10.05. Chapter 101, Health and Safety Code, is
62-21 amended by adding Section 101.0081 to read as follows:
62-22 Sec. 101.0081. INFORMATION ABOUT STANDARDS OF CONDUCT. The
62-23 commissioner or the commissioner's designee shall provide to
62-24 members of the council, as often as necessary, information
62-25 regarding the requirements for office under this chapter, including
62-26 information regarding a person's responsibilities under applicable
62-27 laws relating to standards of conduct for state officers.
63-1 SECTION 10.06. The changes in law made by this Act in the
63-2 prohibitions applying to members of the Texas Council on
63-3 Alzheimer's Disease and Related Disorders do not affect the
63-4 entitlement of a member serving on the council immediately before
63-5 September 1, 1999, to continue to serve and function as a member of
63-6 the council for the remainder of the member's term. The changes in
63-7 law apply only to a member appointed on or after September 1, 1999.
63-8 The changes in law made by this Act do not prohibit a person who is
63-9 a member of the council immediately before September 1, 1999, from
63-10 being reappointed to the council if the person is eligible to serve
63-11 as a member under Chapter 101, Health and Safety Code, as amended
63-12 by this Act.
63-13 ARTICLE 11. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
63-14 TO THE STATEWIDE HEALTH COORDINATING COUNCIL
63-15 SECTION 11.01. Section 104.011, Health and Safety Code, is
63-16 amended by adding Subsections (c) and (d) to read as follows:
63-17 (c) The governor shall designate a member of the council as
63-18 the presiding officer of the council to serve in that capacity at
63-19 the will of the governor.
63-20 (d) Appointments to the council shall be made without regard
63-21 to the race, color, disability, sex, religion, age, or national
63-22 origin of the appointees.
63-23 SECTION 11.02. Subchapter B, Chapter 104, Health and Safety
63-24 Code, is amended by adding Sections 104.0111 through 104.0113 to
63-25 read as follows:
63-26 Sec. 104.0111. CONFLICT OF INTEREST. (a) In this section,
63-27 "Texas trade association" means a cooperative and voluntarily
64-1 joined association of business or professional competitors in this
64-2 state designed to assist its members and its industry or profession
64-3 in dealing with mutual business or professional problems and in
64-4 promoting their common interest.
64-5 (b) A person may not be a member of the statewide health
64-6 coordinating council if:
64-7 (1) the person is an officer, employee, or paid
64-8 consultant of a Texas trade association in the field of medicine;
64-9 or
64-10 (2) the person's spouse is an officer, manager, or
64-11 paid consultant of a Texas trade association in the field of
64-12 medicine.
64-13 (c) A person may not be a member of the council if the
64-14 person is required to register as a lobbyist under Chapter 305,
64-15 Government Code, because of the person's activities for
64-16 compensation on behalf of a profession related to the operation of
64-17 the council.
64-18 Sec. 104.0112. GROUNDS FOR REMOVAL. (a) It is a ground for
64-19 removal from the statewide health coordinating council that a
64-20 member:
64-21 (1) does not have at the time of taking office the
64-22 qualifications required by Section 104.011(a);
64-23 (2) does not maintain during service on the council
64-24 the qualifications required by Section 104.011(a);
64-25 (3) is ineligible for membership under Section
64-26 104.0111;
64-27 (4) cannot, because of illness or disability,
65-1 discharge the member's duties for a substantial part of the
65-2 member's term; or
65-3 (5) is absent from more than half of the regularly
65-4 scheduled council meetings that the member is eligible to attend
65-5 during a calendar year without an excuse approved by a majority
65-6 vote of the council.
65-7 (b) The validity of an action of the council is not affected
65-8 by the fact that it is taken when a ground for removal of a council
65-9 member exists.
65-10 (c) If the commissioner has knowledge that a potential
65-11 ground for removal exists, the commissioner shall notify the
65-12 presiding officer of the council of the potential ground. The
65-13 presiding officer shall then notify the governor and the attorney
65-14 general that a potential ground for removal exists. If the
65-15 potential ground for removal involves the presiding officer, the
65-16 commissioner shall notify the next highest ranking officer of the
65-17 council, who shall then notify the governor and the attorney
65-18 general that a potential ground for removal exists.
65-19 Sec. 104.0113. TRAINING. (a) A person who is appointed to
65-20 and qualifies for office as a member of the statewide health
65-21 coordinating council may not vote, deliberate, or be counted as a
65-22 member in attendance at a meeting of the council until the person
65-23 completes a training program that complies with this section.
65-24 (b) The training program must provide the person with
65-25 information regarding:
65-26 (1) the legislation that created the council;
65-27 (2) the programs operated by the council;
66-1 (3) the role and functions of the council;
66-2 (4) the rules of the council;
66-3 (5) the current budget for the council;
66-4 (6) the results of the most recent formal audit of the
66-5 council;
66-6 (7) the requirements of:
66-7 (A) the open meetings law, Chapter 551,
66-8 Government Code;
66-9 (B) the public information law, Chapter 552,
66-10 Government Code;
66-11 (C) the administrative procedure law, Chapter
66-12 2001, Government Code; and
66-13 (D) other laws relating to public officials,
66-14 including conflict-of-interest laws; and
66-15 (8) any applicable ethics policies adopted by the
66-16 council or the Texas Ethics Commission.
66-17 (c) A person appointed to the council is entitled to
66-18 reimbursement, as provided by the General Appropriations Act, for
66-19 the travel expenses incurred in attending the training program
66-20 regardless of whether the attendance at the program occurs before
66-21 or after the person qualifies for office.
66-22 SECTION 11.03. Subchapter B, Chapter 104, Health and Safety
66-23 Code, is amended by adding Sections 104.0141 and 104.0142 to read
66-24 as follows:
66-25 Sec. 104.0141. DIVISION OF POLICY AND MANAGEMENT
66-26 RESPONSIBILITIES. The statewide health coordinating council shall
66-27 develop and implement policies that clearly separate the
67-1 policymaking responsibilities of the council and the management
67-2 responsibilities of the commissioner and the staff of the
67-3 department.
67-4 Sec. 104.0142. INFORMATION ABOUT STANDARDS OF CONDUCT. The
67-5 commissioner or the commissioner's designee shall provide to
67-6 members of the statewide health coordinating council, as often as
67-7 necessary, information regarding the requirements for office under
67-8 this chapter, including information regarding a person's
67-9 responsibilities under applicable laws relating to standards of
67-10 conduct for state officers.
67-11 SECTION 11.04. Subchapter B, Chapter 104, Health and Safety
67-12 Code, is amended by adding Section 104.016 to read as follows:
67-13 Sec. 104.016. PUBLIC TESTIMONY. The statewide health
67-14 coordinating council shall develop and implement policies that
67-15 provide the public with a reasonable opportunity to appear before
67-16 the council and to speak on any issue under the jurisdiction of the
67-17 council.
67-18 SECTION 11.05. The changes in law made by this Act in the
67-19 prohibitions applying to members of the statewide health
67-20 coordinating council do not affect the entitlement of a member
67-21 serving on the council immediately before September 1, 1999, to
67-22 continue to serve and function as a member of the council for the
67-23 remainder of the member's term. The changes in law apply only to a
67-24 member appointed on or after September 1, 1999. The changes in law
67-25 made by this Act do not prohibit a person who is a member of the
67-26 council immediately before September 1, 1999, from being
67-27 reappointed to the council if the person is eligible to serve as a
68-1 member under Chapter 104, Health and Safety Code, as amended by
68-2 this Act.
68-3 ARTICLE 12. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
68-4 TO THE TEXAS DIABETES COUNCIL
68-5 SECTION 12.01. Section 103.002(d), Health and Safety Code,
68-6 is amended to read as follows:
68-7 (d) Appointments to the council shall be made without regard
68-8 to the race, color, disability, creed, sex, religion, age, or
68-9 national origin of the appointees.
68-10 SECTION 12.02. Section 103.006, Health and Safety Code, is
68-11 amended to read as follows:
68-12 Sec. 103.006. CHAIRMAN. The governor shall designate a
68-13 member of the council as the [Council members shall annually elect
68-14 one citizen member to serve as] chairman of the council to serve in
68-15 that capacity at the will of the governor.
68-16 SECTION 12.03. Chapter 103, Health and Safety Code, is
68-17 amended by adding Sections 103.0024 and 103.0025 to read as
68-18 follows:
68-19 Sec. 103.0024. TRAINING. (a) A person who is appointed to
68-20 and qualifies for office as a member of the council may not vote,
68-21 deliberate, or be counted as a member in attendance at a meeting of
68-22 the council until the person completes a training program that
68-23 complies with this section.
68-24 (b) The training program must provide the person with
68-25 information regarding:
68-26 (1) the legislation that created the council;
68-27 (2) the programs operated by the council;
69-1 (3) the role and functions of the council;
69-2 (4) the rules of the council;
69-3 (5) the current budget for the council;
69-4 (6) the results of the most recent formal audit of the
69-5 council;
69-6 (7) the requirements of:
69-7 (A) the open meetings law, Chapter 551,
69-8 Government Code;
69-9 (B) the public information law, Chapter 552,
69-10 Government Code;
69-11 (C) the administrative procedure law, Chapter
69-12 2001, Government Code; and
69-13 (D) other laws relating to public officials,
69-14 including conflict-of-interest laws; and
69-15 (8) any applicable ethics policies adopted by the
69-16 council or the Texas Ethics Commission.
69-17 (c) A person appointed to the council is entitled to
69-18 reimbursement, as provided by the General Appropriations Act, for
69-19 the travel expenses incurred in attending the training program
69-20 regardless of whether the attendance at the program occurs before
69-21 or after the person qualifies for office.
69-22 Sec. 103.0025. INFORMATION ABOUT STANDARDS OF CONDUCT. The
69-23 commissioner or the commissioner's designee shall provide to
69-24 members of the council, as often as necessary, information
69-25 regarding the requirements for office under this chapter, including
69-26 information regarding a person's responsibilities under applicable
69-27 laws relating to standards of conduct for state officers.
70-1 SECTION 12.04. Chapter 103, Health and Safety Code, is
70-2 amended by adding Section 103.0105 to read as follows:
70-3 Sec. 103.0105. DIVISION OF POLICY AND MANAGEMENT
70-4 RESPONSIBILITIES. The council shall develop and implement policies
70-5 that clearly separate the policymaking responsibilities of the
70-6 council and the management responsibilities of the commissioner and
70-7 the staff of the department.
70-8 SECTION 12.05. The changes in law made by this Act in the
70-9 prohibitions applying to members of the Texas Diabetes Council do
70-10 not affect the entitlement of a member serving on the council
70-11 immediately before September 1, 1999, to continue to serve and
70-12 function as a member of the council for the remainder of the
70-13 member's term. The changes in law apply only to a member appointed
70-14 on or after September 1, 1999.
70-15 ARTICLE 13. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
70-16 TO THE ADVISORY BOARD OF ATHLETIC TRAINERS
70-17 SECTION 13.01. Section 2, Chapter 498, Acts of the 62nd
70-18 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
70-19 Civil Statutes), is amended by amending Subsections (a) and (b) and
70-20 adding Subsection (e) to read as follows:
70-21 (a) The Advisory Board of Athletic Trainers, composed of six
70-22 members, is created. The board is created as a part of the Texas
70-23 [State] Department of Health and shall perform its duties as a
70-24 board within the Texas [State] Department of Health. To qualify as
70-25 a member, a person must be a citizen of the United States and a
70-26 resident of Texas for five years immediately preceding appointment.
70-27 Four members [Members] must be licensed athletic trainers. Two
71-1 members must be representatives of the general public. A person
71-2 may not be a public member of the board if the person or the
71-3 person's spouse:
71-4 (1) is registered, certified, or licensed by a
71-5 regulatory agency in the field of athletic training;
71-6 (2) is employed by or participates in the management
71-7 of a business entity or other organization regulated by or
71-8 receiving money from the board;
71-9 (3) owns or controls, directly or indirectly, more
71-10 than a 10 percent interest in a business entity or other
71-11 organization regulated by or receiving money from the board; or
71-12 (4) uses or receives a substantial amount of tangible
71-13 goods, services, or money from the board other than compensation or
71-14 reimbursement authorized by law for board membership, attendance,
71-15 or expenses.
71-16 (b) The members of the board shall be appointed by the
71-17 governor with the advice and consent of the Senate. Members
71-18 [Except for the initial appointees, members] hold office for terms
71-19 of six years. The terms of two members expire on January 31 of
71-20 each odd-numbered year [years].
71-21 (e) Appointments to the board shall be made without regard
71-22 to the race, color, disability, sex, religion, age, or national
71-23 origin of the appointees.
71-24 SECTION 13.02. Chapter 498, Acts of the 62nd Legislature,
71-25 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
71-26 Statutes), is amended by adding Sections 2B, 2C, 2D, 2E, and 2F to
71-27 read as follows:
72-1 Sec. 2B. CONFLICT OF INTEREST. (a) In this section, "Texas
72-2 trade association" means a cooperative and voluntarily joined
72-3 association of business or professional competitors in this state
72-4 designed to assist its members and its industry or profession in
72-5 dealing with mutual business or professional problems and in
72-6 promoting their common interest.
72-7 (b) A person may not be a member of the board if:
72-8 (1) the person is an officer, employee, or paid
72-9 consultant of a Texas trade association in the field of athletic
72-10 training; or
72-11 (2) the person's spouse is an officer, manager, or
72-12 paid consultant of a Texas trade association in the field of
72-13 athletic training.
72-14 (c) A person may not be a member of the board if the person
72-15 is required to register as a lobbyist under Chapter 305, Government
72-16 Code, because of the person's activities for compensation on behalf
72-17 of a profession related to the operation of the board.
72-18 Sec. 2C. GROUNDS FOR REMOVAL. (a) It is a ground for
72-19 removal from the board that a member:
72-20 (1) does not have at the time of taking office the
72-21 qualifications required by Subsection (a) of Section 2 of this Act;
72-22 (2) does not maintain during service on the board the
72-23 qualifications required by Subsection (a) of Section 2 of this Act;
72-24 (3) is ineligible for membership under Section 2B of
72-25 this Act;
72-26 (4) cannot, because of illness or disability,
72-27 discharge the member's duties for a substantial part of the
73-1 member's term; or
73-2 (5) is absent from more than half of the regularly
73-3 scheduled board meetings that the member is eligible to attend
73-4 during a calendar year without an excuse approved by a majority
73-5 vote of the board.
73-6 (b) The validity of an action of the board is not affected
73-7 by the fact that it is taken when a ground for removal of a board
73-8 member exists.
73-9 (c) If the commissioner of public health has knowledge that
73-10 a potential ground for removal exists, the commissioner shall
73-11 notify the chairman of the board of the potential ground. The
73-12 chairman shall then notify the governor and the attorney general
73-13 that a potential ground for removal exists. If the potential
73-14 ground for removal involves the chairman, the commissioner shall
73-15 notify the next highest ranking officer of the board, who shall
73-16 then notify the governor and the attorney general that a potential
73-17 ground for removal exists.
73-18 Sec. 2D. TRAINING. (a) A person who is appointed to and
73-19 qualifies for office as a member of the board may not vote,
73-20 deliberate, or be counted as a member in attendance at a meeting of
73-21 the board until the person completes a training program that
73-22 complies with this section.
73-23 (b) The training program must provide the person with
73-24 information regarding:
73-25 (1) the legislation that created the board;
73-26 (2) the programs operated by the board;
73-27 (3) the role and functions of the board;
74-1 (4) the rules of the board, with an emphasis on the
74-2 rules that relate to disciplinary and investigatory authority;
74-3 (5) the current budget for the board;
74-4 (6) the results of the most recent formal audit of the
74-5 board;
74-6 (7) the requirements of:
74-7 (A) the open meetings law, Chapter 551,
74-8 Government Code;
74-9 (B) the public information law, Chapter 552,
74-10 Government Code;
74-11 (C) the administrative procedure law, Chapter
74-12 2001, Government Code; and
74-13 (D) other laws relating to public officials,
74-14 including conflict-of-interest laws; and
74-15 (8) any applicable ethics policies adopted by the
74-16 board or the Texas Ethics Commission.
74-17 (c) A person appointed to the board is entitled to
74-18 reimbursement, as provided by the General Appropriations Act, for
74-19 the travel expenses incurred in attending the training program
74-20 regardless of whether the attendance at the program occurs before
74-21 or after the person qualifies for office.
74-22 Sec. 2E. INFORMATION ABOUT STANDARDS OF CONDUCT. The
74-23 commissioner of public health or the commissioner's designee shall
74-24 provide to members of the board, as often as necessary, information
74-25 regarding the requirements for office under this Act, including
74-26 information regarding a person's responsibilities under applicable
74-27 laws relating to standards of conduct for state officers.
75-1 Sec. 2F. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.
75-2 The board shall develop and implement policies that clearly
75-3 separate the policymaking responsibilities of the board and the
75-4 management responsibilities of the commissioner of public health
75-5 and the staff of the Texas Department of Health.
75-6 SECTION 13.03. Section 3, Chapter 498, Acts of the 62nd
75-7 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
75-8 Civil Statutes), is amended by amending Subsection (a) and adding
75-9 Subsection (d) to read as follows:
75-10 (a) The governor shall designate a member of the board as
75-11 the chairman of the board to serve in that capacity at the will of
75-12 the governor. The board shall elect from its members for a term of
75-13 one year[,] a [chairman,] vice chairman[,] and secretary-treasurer,
75-14 and may appoint such committees as it considers necessary to carry
75-15 out its duties.
75-16 (d) The board shall develop and implement policies that
75-17 provide the public with a reasonable opportunity to appear before
75-18 the board and to speak on any issue under the jurisdiction of the
75-19 board.
75-20 SECTION 13.04. Chapter 498, Acts of the 62nd Legislature,
75-21 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
75-22 Statutes), is amended by adding Section 4A to read as follows:
75-23 Sec. 4A. COMPLAINTS. (a) The board shall maintain a file
75-24 on each written complaint filed with the board. The file must
75-25 include:
75-26 (1) the name of the person who filed the complaint;
75-27 (2) the date the complaint is received by the board;
76-1 (3) the subject matter of the complaint;
76-2 (4) the name of each person contacted in relation to
76-3 the complaint;
76-4 (5) a summary of the results of the review or
76-5 investigation of the complaint; and
76-6 (6) an explanation of the reason the file was closed,
76-7 if the board closed the file without taking action other than to
76-8 investigate the complaint.
76-9 (b) The board shall provide to the person filing the
76-10 complaint and to each person who is a subject of the complaint a
76-11 copy of the board's policies and procedures relating to complaint
76-12 investigation and resolution.
76-13 (c) The board, at least quarterly until final disposition of
76-14 the complaint, shall notify the person filing the complaint and
76-15 each person who is a subject of the complaint of the status of the
76-16 investigation unless the notice would jeopardize an undercover
76-17 investigation.
76-18 SECTION 13.05. Section 5, Chapter 498, Acts of the 62nd
76-19 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
76-20 Civil Statutes), is amended by amending Subsection (c) and adding
76-21 Subsection (j) to read as follows:
76-22 (c) The board shall [establish guidelines, which may include
76-23 requirements for continuing education, for athletic trainers in the
76-24 state and] prepare and conduct an examination for applicants for a
76-25 license.
76-26 (j) The board shall recognize, prepare, or administer
76-27 continuing education programs for its license holders. A license
77-1 holder must participate in the programs to the extent required by
77-2 the board to keep the person's license.
77-3 SECTION 13.06. Chapter 498, Acts of the 62nd Legislature,
77-4 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
77-5 Statutes), is amended by adding Section 5A to read as follows:
77-6 Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
77-7 (a) The board may not adopt rules restricting advertising or
77-8 competitive bidding by a license holder except to prohibit false,
77-9 misleading, or deceptive practices.
77-10 (b) In its rules to prohibit false, misleading, or deceptive
77-11 practices, the board may not include a rule that:
77-12 (1) restricts the use of any medium for advertising;
77-13 (2) restricts the use of a license holder's personal
77-14 appearance or voice in an advertisement;
77-15 (3) relates to the size or duration of an
77-16 advertisement by the license holder; or
77-17 (4) restricts the license holder's advertisement under
77-18 a trade name.
77-19 SECTION 13.07. Section 11, Chapter 498, Acts of the 62nd
77-20 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
77-21 Civil Statutes), is amended by amending Subsections (b)-(e) to read
77-22 as follows:
77-23 (b) A person who is otherwise eligible to renew a license
77-24 may renew an unexpired license by paying to the board before the
77-25 expiration date of the license the required renewal fee. A person
77-26 whose license has expired may not engage in activities that require
77-27 a license until the license has been renewed.
78-1 (c) If a person's license has been expired for not longer
78-2 than 90 days, the person may renew the license by paying to the
78-3 board a renewal fee that is 1-1/2 times the normally required
78-4 renewal fee [and a fee that is one-half of the examination fee for
78-5 the license].
78-6 (d) If a person's license has been expired for longer than
78-7 90 days but less than one year [two years], the person may renew
78-8 the license by paying to the board [all unpaid renewal fees and] a
78-9 renewal fee that is equal to two times the normally required
78-10 renewal [the examination] fee for the license.
78-11 (e) If a person's license has been expired for one year [two
78-12 years] or longer, the person may not renew the license. The person
78-13 may obtain a new license by submitting to reexamination and
78-14 complying with the requirements and procedures for obtaining an
78-15 original license. However, the board may renew without
78-16 reexamination an expired license of a person who was licensed in
78-17 Texas, moved to another state, and is currently licensed and has
78-18 been in practice in the other state for the two years preceding the
78-19 date of application. The person must pay to the board a fee that
78-20 is equal to two times the normally required renewal [the
78-21 examination] fee for the license.
78-22 SECTION 13.08. Section 12, Chapter 498, Acts of the 62nd
78-23 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
78-24 Civil Statutes), is amended to read as follows:
78-25 Sec. 12. GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
78-26 LICENSE. (a) The board may refuse to issue a license to an
78-27 applicant and shall reprimand a licensee or [may] suspend, [or]
79-1 revoke, or refuse to renew the license of any licensee if he has:
79-2 (1) been convicted of a felony or misdemeanor
79-3 involving moral turpitude, the record of conviction being
79-4 conclusive evidence of conviction; [or]
79-5 (2) secured the license by fraud or deceit; or
79-6 (3) violated or conspired to violate the provisions of
79-7 this Act or rules and regulations issued pursuant to this Act.
79-8 (b) The board may place on probation a person whose license
79-9 is suspended. If a suspension is probated, the board may require
79-10 the person:
79-11 (1) to report regularly to the board on matters that
79-12 are the basis of the probation;
79-13 (2) to limit practice to the areas prescribed by the
79-14 board; or
79-15 (3) to continue or review professional education until
79-16 the person attains a degree of skill satisfactory to the board in
79-17 those areas that are the basis of the probation.
79-18 SECTION 13.09. Chapter 498, Acts of the 62nd Legislature,
79-19 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
79-20 Statutes), is amended by adding Sections 15A and 15B to read as
79-21 follows:
79-22 Sec. 15A. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
79-23 board may impose an administrative penalty on a person licensed
79-24 under this Act who violates this Act or a rule or order adopted
79-25 under this Act. A penalty collected under this section or Section
79-26 15B of this Act shall be deposited in the state treasury in the
79-27 general revenue fund.
80-1 (b) A proceeding to impose the penalty is considered to be a
80-2 contested case under Chapter 2001, Government Code.
80-3 (c) The amount of the penalty may not exceed $500 for each
80-4 violation, and each day a violation continues or occurs is a
80-5 separate violation for purposes of imposing a penalty. The total
80-6 amount of the penalty assessed for a violation continuing or
80-7 occurring on separate days under this subsection may not exceed
80-8 $2,500.
80-9 (d) The amount shall be based on:
80-10 (1) the seriousness of the violation, including the
80-11 nature, circumstances, extent, and gravity of the violation;
80-12 (2) the threat to health or safety caused by the
80-13 violation;
80-14 (3) the history of previous violations;
80-15 (4) the amount necessary to deter a future violation;
80-16 (5) whether the violator demonstrated good faith,
80-17 including when applicable whether the violator made good faith
80-18 efforts to correct the violation; and
80-19 (6) any other matter that justice may require.
80-20 (e) If the executive secretary determines that a violation
80-21 occurred, the executive secretary shall give written notice of the
80-22 violation by certified mail to the person.
80-23 (f) The notice under Subsection (e) of this section must:
80-24 (1) include a brief summary of the alleged violation;
80-25 (2) state the amount of the recommended penalty; and
80-26 (3) inform the person of the person's right to a
80-27 hearing on the occurrence of the violation, the amount of the
81-1 penalty, or both.
81-2 (g) Within 20 days after the date the person receives the
81-3 notice under Subsection (e) of this section, the person in writing
81-4 may:
81-5 (1) accept the determination and recommended penalty
81-6 of the executive secretary; or
81-7 (2) make a request for a hearing on the occurrence of
81-8 the violation, the amount of the penalty, or both.
81-9 (h) If the person accepts the determination and recommended
81-10 penalty or if the person fails to respond to the notice, the board
81-11 by order shall approve the determination and impose the recommended
81-12 penalty.
81-13 (i) If the person requests a hearing, the board shall refer
81-14 the matter to the State Office of Administrative Hearings, which
81-15 shall promptly set a hearing date and give written notice of the
81-16 time and place of the hearing to the person. An administrative law
81-17 judge of the State Office of Administrative Hearings shall conduct
81-18 the hearing.
81-19 (j) The administrative law judge shall make findings of fact
81-20 and conclusions of law and promptly issue to the board a proposal
81-21 for a decision about the occurrence of the violation and the amount
81-22 of a proposed penalty.
81-23 (k) Based on the findings of fact, conclusions of law, and
81-24 proposal for a decision, the board by order may:
81-25 (1) find that a violation occurred and impose a
81-26 penalty; or
81-27 (2) find that a violation did not occur.
82-1 (l) The notice of the board's order under Subsection (k) of
82-2 this section that is sent to the person in accordance with Chapter
82-3 2001, Government Code, must include a statement of the right of the
82-4 person to judicial review of the order.
82-5 Sec. 15B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
82-6 JUDICIAL REVIEW. (a) Within 30 days after the date an order of
82-7 the board under Subsection (k) of Section 15A of this Act that
82-8 imposes an administrative penalty becomes final, the person shall:
82-9 (1) pay the penalty; or
82-10 (2) file a petition for judicial review of the board's
82-11 order contesting the occurrence of the violation, the amount of the
82-12 penalty, or both.
82-13 (b) Within the 30-day period prescribed by Subsection (a) of
82-14 this section, a person who files a petition for judicial review
82-15 may:
82-16 (1) stay enforcement of the penalty by:
82-17 (A) paying the penalty to the court for
82-18 placement in an escrow account; or
82-19 (B) giving the court a supersedeas bond approved
82-20 by the court that:
82-21 (i) is for the amount of the penalty; and
82-22 (ii) is effective until all judicial
82-23 review of the board's order is final; or
82-24 (2) request the court to stay enforcement of the
82-25 penalty by:
82-26 (A) filing with the court a sworn affidavit of
82-27 the person stating that the person is financially unable to pay the
83-1 penalty and is financially unable to give the supersedeas bond; and
83-2 (B) sending a copy of the affidavit to the board
83-3 by certified mail.
83-4 (c) If the board receives a copy of an affidavit under
83-5 Subsection (b)(2) of this section, the board may file with the
83-6 court, within five days after the date the copy is received, a
83-7 contest to the affidavit. The court shall hold a hearing on the
83-8 facts alleged in the affidavit as soon as practicable and shall
83-9 stay the enforcement of the penalty on finding that the alleged
83-10 facts are true. The person who files an affidavit has the burden
83-11 of proving that the person is financially unable to pay the penalty
83-12 or to give a supersedeas bond.
83-13 (d) If the person does not pay the penalty and the
83-14 enforcement of the penalty is not stayed, the penalty may be
83-15 collected. The attorney general may sue to collect the penalty.
83-16 (e) If the court sustains the finding that a violation
83-17 occurred, the court may uphold or reduce the amount of the penalty
83-18 and order the person to pay the full or reduced amount of the
83-19 penalty.
83-20 (f) If the court does not sustain the finding that a
83-21 violation occurred, the court shall order that a penalty is not
83-22 owed.
83-23 (g) If the person paid the penalty and if the amount of the
83-24 penalty is reduced or the penalty is not upheld by the court, the
83-25 court shall order, when the court's judgment becomes final, that
83-26 the appropriate amount plus accrued interest be remitted to the
83-27 person within 30 days after the date that the judgment of the court
84-1 becomes final. The interest accrues at the rate charged on loans
84-2 to depository institutions by the New York Federal Reserve Bank.
84-3 The interest shall be paid for the period beginning on the date the
84-4 penalty is paid and ending on the date the penalty is remitted.
84-5 (h) If the person gave a supersedeas bond and the penalty is
84-6 not upheld by the court, the court shall order, when the court's
84-7 judgment becomes final, the release of the bond. If the person gave
84-8 a supersedeas bond and the amount of the penalty is reduced, the
84-9 court shall order the release of the bond after the person pays the
84-10 reduced amount.
84-11 SECTION 13.10. (a) The changes in law made by this Act in
84-12 the qualifications and the prohibitions applying to members of the
84-13 Advisory Board of Athletic Trainers do not affect the entitlement
84-14 of a member serving on the board immediately before September 1,
84-15 1999, to continue to serve and function as a member of the board
84-16 for the remainder of the member's term. The changes in law apply
84-17 only to a member appointed on or after September 1, 1999. The
84-18 changes in law made by this Act do not prohibit a person who is a
84-19 member of the board immediately before September 1, 1999, from
84-20 being reappointed to the board if the person has the qualifications
84-21 required for a member under Chapter 498, Acts of the 62nd
84-22 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
84-23 Civil Statutes), as amended by this Act.
84-24 (b) On the expiration of the terms of the members of the
84-25 Advisory Board of Athletic Trainers scheduled to expire January 31,
84-26 2001, the governor shall appoint one athletic trainer member and
84-27 one public member to the board for terms expiring January 31, 2007,
85-1 in accordance with Section 2, Chapter 498, Acts of the 62nd
85-2 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
85-3 Civil Statutes), as amended by this Act. On the expiration of the
85-4 terms of the members of the board scheduled to expire January 31,
85-5 2003, the governor shall appoint one athletic trainer member and
85-6 one public member to the board for terms expiring January 31, 2009,
85-7 in accordance with Section 2, Chapter 498, Acts of the 62nd
85-8 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
85-9 Civil Statutes), as amended by this Act. If a vacancy occurs in a
85-10 position scheduled to expire January 31, 2001, the governor shall
85-11 appoint a public member to serve the remainder of the term if an
85-12 athletic trainer member remains in the other position scheduled to
85-13 expire on that date. If a vacancy occurs in a position scheduled
85-14 to expire January 31, 2003, the governor shall appoint a public
85-15 member to serve the remainder of the term if an athletic trainer
85-16 member remains in the other position scheduled to expire on that
85-17 date.
85-18 SECTION 13.11. The change in law made by this Act to
85-19 Subsections (d) and (e), Section 11, Chapter 498, Acts of the 62nd
85-20 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
85-21 Civil Statutes), applies only to the renewal of an expired license
85-22 on or after September 1, 2000. An expired license may be renewed
85-23 before that date in accordance with Subsections (d) and (e) of
85-24 Section 11 as they existed immediately before the effective date of
85-25 this Act, and the prior law is continued in effect for this limited
85-26 purpose.
85-27 ARTICLE 14. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
86-1 REGULATION OF RESPIRATORY CARE PRACTITIONERS
86-2 SECTION 14.01. Chapter 829, Acts of the 69th Legislature,
86-3 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
86-4 Statutes), is amended by adding Sections 3A and 3B to read as
86-5 follows:
86-6 Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
86-7 later than the 30th day after the date a person takes a
86-8 certification examination under this Act, the department shall
86-9 notify the person of the results of the examination.
86-10 (b) If the examination is graded or reviewed by a testing
86-11 service:
86-12 (1) the department shall notify the person of the
86-13 results of the examination not later than the 14th day after the
86-14 date the department receives the results from the testing service;
86-15 and
86-16 (2) if notice of the examination results will be
86-17 delayed for longer than 90 days after the examination date, the
86-18 department shall notify the person of the reason for the delay
86-19 before the 90th day.
86-20 (c) The department may require a testing service to notify a
86-21 person of the results of the person's examination.
86-22 (d) If requested in writing by a person who fails a
86-23 certification examination administered under this Act, the
86-24 department shall furnish the person with an analysis of the
86-25 person's performance on the examination.
86-26 Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
86-27 (a) The board of health may not adopt rules restricting
87-1 advertising or competitive bidding by a temporary permit or
87-2 certificate holder except to prohibit false, misleading, or
87-3 deceptive practices.
87-4 (b) In its rules to prohibit false, misleading, or deceptive
87-5 practices, the board of health may not include a rule that:
87-6 (1) restricts the use of any medium for advertising;
87-7 (2) restricts the use of a temporary permit or
87-8 certificate holder's personal appearance or voice in an
87-9 advertisement;
87-10 (3) relates to the size or duration of an
87-11 advertisement by the temporary permit or certificate holder; or
87-12 (4) restricts the temporary permit or certificate
87-13 holder's advertisement under a trade name.
87-14 SECTION 14.02. Section 7, Chapter 829, Acts of the 69th
87-15 Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
87-16 Civil Statutes), is amended to read as follows:
87-17 Sec. 7. RENEWAL OF CERTIFICATE. (a) Except as otherwise
87-18 provided by this section, a certificate shall be renewed annually
87-19 or biennially as determined by the board of health. The department
87-20 shall mail a notice of renewal not later than the 30th day before
87-21 the expiration of the certificate to each person who holds a valid
87-22 certificate at the person's last known address. The certificate
87-23 holder shall complete the notice of renewal and shall return it to
87-24 the department with the renewal fee on or before the date of
87-25 expiration. A person whose temporary permit or certificate has
87-26 expired may not engage in activities that require a temporary
87-27 permit or certificate until the temporary permit or certificate has
88-1 been renewed.
88-2 (b) On receipt of the completed notice of renewal and
88-3 payment of the renewal fee, the department shall issue to the
88-4 certificate holder a certificate for the current renewal period.
88-5 The renewal is valid for the period stated on the renewal
88-6 certificate. The board of health shall establish uniform
88-7 continuing education requirements for the renewal of the
88-8 certificate of not less than six nor more than 12 continuing
88-9 education hours per renewal period. The board of health may adopt
88-10 rules relating to the attainment of the continuing education
88-11 requirements in hardship situations.
88-12 (c) A person whose certificate has been expired for 90 days
88-13 or less may renew the certificate by paying to the department a
88-14 renewal fee that is equal to 1-1/2 times the normally required
88-15 renewal fee.
88-16 (d) A person whose certificate has been expired for more
88-17 than 90 days but less than one year may renew the certificate by
88-18 paying to the department a renewal fee that is equal to two times
88-19 the normally required renewal fee.
88-20 (e) A person whose certificate has been expired for one year
88-21 or more may not renew the certificate. The person may obtain a new
88-22 certificate by complying with the requirements and procedures,
88-23 including the examination requirements, for obtaining an original
88-24 certificate.
88-25 (f) A person who was certified in this state, moved to
88-26 another state, and is currently certified and has been in practice
88-27 in the other state for the two years preceding the date of
89-1 application may obtain a new certificate without reexamination.
89-2 The person must pay to the department a fee that is equal to two
89-3 times the normally required renewal fee for the certificate.
89-4 (g) [A certificate holder who fails to renew the certificate
89-5 on or before the expiration date may reinstate the certificate
89-6 within the time set by the board of health on payment of the
89-7 renewal fee and a reinstatement fee.]
89-8 [(d)] A respiratory care practitioner who does not engage in
89-9 the practice of respiratory care during a subsequent renewal period
89-10 and who notifies the department of the inactivity is not required
89-11 to pay the renewal fee as long as that practitioner remains
89-12 inactive. If the practitioner desires to resume the practice of
89-13 respiratory care, the practitioner must notify the department and
89-14 must satisfy the requirements of the board of health in addition to
89-15 remitting the renewal fee for the current renewal period and the
89-16 reinstatement fee.
89-17 SECTION 14.03. Chapter 829, Acts of the 69th Legislature,
89-18 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
89-19 Statutes), is amended by adding Section 7A to read as follows:
89-20 Sec. 7A. STAGGERED RENEWAL DATES. The board of health by
89-21 rule may adopt a system under which certificates expire on various
89-22 dates during the year. For the year in which the certificate
89-23 expiration date is changed, the department shall prorate
89-24 certificate fees on a monthly basis so that each certificate holder
89-25 pays only that portion of the certificate fee that is allocable to
89-26 the number of months during which the certificate is valid. On
89-27 renewal of the certificate on the new expiration date, the total
90-1 certificate renewal fee is payable.
90-2 ARTICLE 15. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
90-3 REGISTRATION OF DISPENSING OPTICIANS
90-4 SECTION 15.01. Subsection (b), Section 5, Opticians'
90-5 Registry Act (Article 4551-1, Vernon's Texas Civil Statutes), is
90-6 amended to read as follows:
90-7 (b) The board may not adopt substantive rules relating to
90-8 this Act other than substantive rules described by Subsection (a)
90-9 of this section, Subsection (b) of Section 9 of this Act, and
90-10 Section 5A of this Act.
90-11 SECTION 15.02. The Opticians' Registry Act (Article 4551-1,
90-12 Vernon's Texas Civil Statutes) is amended by adding Section 5A to
90-13 read as follows:
90-14 Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
90-15 (a) The board may not adopt rules restricting advertising or
90-16 competitive bidding by a registrant except to prohibit false,
90-17 misleading, or deceptive practices.
90-18 (b) In its rules to prohibit false, misleading, or deceptive
90-19 practices, the board may not include a rule that:
90-20 (1) restricts the use of any medium for advertising;
90-21 (2) restricts the use of a registrant's personal
90-22 appearance or voice in an advertisement;
90-23 (3) relates to the size or duration of an
90-24 advertisement by the registrant; or
90-25 (4) restricts the registrant's advertisement under a
90-26 trade name.
90-27 SECTION 15.03. Section 7, Opticians' Registry Act (Article
91-1 4551-1, Vernon's Texas Civil Statutes), is amended by adding
91-2 Subsections (c)-(f) to read as follows:
91-3 (c) Not later than the 30th day after the date a person
91-4 takes a qualifying examination under this Act, the department
91-5 shall notify the person of the results of the examination.
91-6 (d) If the examination is graded or reviewed by a testing
91-7 service:
91-8 (1) the department shall notify the person of the
91-9 results of the examination not later than the 14th day after the
91-10 date the department receives the results from the testing service;
91-11 and
91-12 (2) if notice of the examination results will be
91-13 delayed for longer than 90 days after the examination date, the
91-14 department shall notify the person of the reason for the delay
91-15 before the 90th day.
91-16 (e) The department may require a testing service to notify a
91-17 person of the results of the person's examination.
91-18 (f) If requested in writing by a person who fails a
91-19 qualifying examination administered under this Act, the department
91-20 shall furnish the person with an analysis of the person's
91-21 performance on the examination.
91-22 SECTION 15.04. Section 9, Opticians' Registry Act (Article
91-23 4551-1, Vernon's Texas Civil Statutes), is amended to read as
91-24 follows:
91-25 Sec. 9. RENEWAL OF REGISTRATION. (a) A certificate of
91-26 registration issued under this Act is valid for one year from the
91-27 date of issuance. To renew the registration, the registrant must
92-1 submit an application for renewal in the manner prescribed by the
92-2 board.
92-3 (b) The application must be accompanied by [a renewal fee
92-4 and] evidence that the applicant has successfully completed the
92-5 continuing education courses required by board rule. The board
92-6 shall recognize, prepare, or administer continuing education
92-7 programs for its registrants. A registrant must participate in the
92-8 programs to the extent required by the board to keep the person's
92-9 certificate of registration. The board may not require more than
92-10 10 classroom hours of continuing education courses per year.
92-11 (c) [(b)] The department shall adopt a system under which
92-12 registrations expire and are renewed on various dates of the year.
92-13 (d) A person who is otherwise eligible to renew a
92-14 certificate of registration may renew an unexpired certificate by
92-15 paying the required renewal fee to the department before the
92-16 expiration date of the certificate. A person whose certificate of
92-17 registration has expired may not make a representation for which a
92-18 certificate of registration is required under Section 4 of this Act
92-19 until the certificate has been renewed.
92-20 (e) A person whose certificate of registration has been
92-21 expired for 90 days or less may renew the certificate by paying to
92-22 the department a renewal fee that is equal to 1-1/2 times the
92-23 normally required renewal fee.
92-24 (f) A person whose certificate of registration has been
92-25 expired for more than 90 days but less than one year may renew the
92-26 certificate by paying to the department a renewal fee that is equal
92-27 to two times the normally required renewal fee.
93-1 (g) A person whose certificate of registration has been
93-2 expired for one year or more may not renew the certificate. The
93-3 person may obtain a new certificate of registration by complying
93-4 with the requirements and procedures, including the examination
93-5 requirements, for an original certificate.
93-6 (h) A person who was registered in this state, moved to
93-7 another state, and is currently licensed or registered and has been
93-8 in practice in the other state for the two years preceding the date
93-9 of application may obtain a new certificate of registration without
93-10 reexamination. The person must pay to the department a fee that is
93-11 equal to two times the normally required renewal fee for the
93-12 certificate.
93-13 (i) Not later than the 30th day before the date a person's
93-14 certificate of registration is scheduled to expire, the department
93-15 shall send written notice of the impending expiration to the person
93-16 at the person's last known address according to the records of the
93-17 department.
93-18 [(c) A person registered under this Act who does not renew
93-19 the registration by the expiration date may renew the registration
93-20 not later than the 180th day after the expiration date by paying a
93-21 late registration fee as prescribed by the board.]
93-22 [(d) The registration of a person who fails to meet the
93-23 renewal requirements under this section is void until the person
93-24 submits a new application, pays the appropriate fees, and meets the
93-25 current requirements for registration.]
93-26 SECTION 15.05. Section 12, Opticians' Registry Act (Article
93-27 4551-1, Vernon's Texas Civil Statutes), is amended to read as
94-1 follows:
94-2 Sec. 12. DENIAL, SUSPENSION, REVOCATION, AND PROBATION. (a)
94-3 The department shall [may] refuse to issue a certificate of
94-4 registration to an applicant, suspend or revoke a certificate of
94-5 registration, or reprimand [place on probation] an individual who
94-6 is registered under this Act if the individual:
94-7 (1) obtains a certificate by means of fraud,
94-8 misrepresentation, or concealment of material facts;
94-9 (2) sells, barters, or offers to sell or barter a
94-10 certificate of registration;
94-11 (3) violates a lawful rule adopted by the board;
94-12 (4) violates Section 4 of this Act; or
94-13 (5) practices medicine or optometry without a license.
94-14 (b) The board may place on probation a person whose
94-15 registration is suspended. If the suspension is probated, the
94-16 board may require the person:
94-17 (1) to report regularly to the department on matters
94-18 that are the basis of the probation;
94-19 (2) to limit practice to the areas prescribed by the
94-20 board; or
94-21 (3) to continue or review professional education until
94-22 the person attains a degree of skill satisfactory to the board in
94-23 those areas that are the basis of the probation.
94-24 (c) A person whose application of registration is denied,
94-25 whose registration is suspended[,] or revoked, or who is
94-26 reprimanded is entitled to a hearing before the department if the
94-27 person submits a written request for a hearing to the department.
95-1 A hearing is governed by department rules for a contested hearing
95-2 and by Chapter 2001, Government Code [the Administrative Procedure
95-3 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
95-4 Statutes)].
95-5 ARTICLE 16. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
95-6 REGULATION OF MEDICAL RADIOLOGICAL TECHNOLOGISTS
95-7 SECTION 16.01. Section 2.05(d), Medical Radiologic
95-8 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
95-9 Statutes), is amended to read as follows:
95-10 (d) The Texas Board of Health:
95-11 (1) may establish guidelines;
95-12 (2) shall prepare, recognize, or administer [, which
95-13 may include requirements for] continuing education programs for
95-14 medical radiologic technologists in which a medical radiologic
95-15 technologist must participate, to the extent required by the board,
95-16 to keep the person's certificate;[,] and
95-17 (3) [the Texas Board of Health] may prepare and
95-18 conduct an examination for applicants for a certificate.
95-19 SECTION 16.02. The Medical Radiologic Technologist
95-20 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
95-21 amended by adding Section 2.055 to read as follows:
95-22 Sec. 2.055. RULES REGARDING ADVERTISING OR COMPETITIVE
95-23 BIDDING. (a) The Texas Board of Health may not adopt rules
95-24 restricting advertising or competitive bidding by a medical
95-25 radiologic technologist except to prohibit false, misleading, or
95-26 deceptive practices.
95-27 (b) In its rules to prohibit false, misleading, or deceptive
96-1 practices, the board may not include a rule that:
96-2 (1) restricts the use of any medium for advertising;
96-3 (2) restricts the use of a medical radiologic
96-4 technologist's personal appearance or voice in an advertisement;
96-5 (3) relates to the size or duration of an
96-6 advertisement by the medical radiologic technologist; or
96-7 (4) restricts the medical radiologic technologist's
96-8 advertisement under a trade name.
96-9 SECTION 16.03. The Medical Radiologic Technologist
96-10 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
96-11 amended by adding Section 2.075 to read as follows:
96-12 Sec. 2.075. PROVISIONAL CERTIFICATES. (a) The Texas Board
96-13 of Health may issue a provisional certificate to an applicant
96-14 currently licensed or certified in another jurisdiction who seeks
96-15 certification in this state and who:
96-16 (1) has been licensed or certified in good standing as
96-17 a medical radiologic technologist for at least two years in another
96-18 jurisdiction, including a foreign country, that has licensing or
96-19 certification requirements substantially equivalent to the
96-20 requirements of this Act;
96-21 (2) has passed a national or other examination
96-22 recognized by the board relating to the practice of radiologic
96-23 technology; and
96-24 (3) is sponsored by a medical radiologic technologist
96-25 certified by the board under this Act with whom the provisional
96-26 certificate holder will practice during the time the person holds a
96-27 provisional certificate.
97-1 (b) The board may waive the requirement of Subsection (a)(3)
97-2 for an applicant if the board determines that compliance with that
97-3 subsection would be a hardship to the applicant.
97-4 (c) A provisional certificate is valid until the date the
97-5 board approves or denies the provisional certificate holder's
97-6 application for a certificate. The board shall issue a certificate
97-7 under this Act to the provisional certificate holder if:
97-8 (1) the provisional certificate holder is eligible to
97-9 be certified under Section 2.05(c) of this Act; or
97-10 (2) the provisional certificate holder passes the part
97-11 of the examination under Section 2.05(d) of this Act that relates
97-12 to the applicant's knowledge and understanding of the laws and
97-13 rules relating to the practice of radiologic technology in this
97-14 state and:
97-15 (A) the board verifies that the provisional
97-16 certificate holder meets the academic and experience requirements
97-17 for a certificate under this Act; and
97-18 (B) the provisional certificate holder satisfies
97-19 any other licensing requirements under this Act.
97-20 (d) The board must approve or deny a provisional certificate
97-21 holder's application for a certificate not later than the 180th day
97-22 after the date the provisional certificate is issued. The board
97-23 may extend the 180-day period if the results of an examination have
97-24 not been received by the board before the end of that period.
97-25 (e) The board may establish a fee for provisional
97-26 certificates in an amount reasonable and necessary to cover the
97-27 cost of issuing the certificate.
98-1 SECTION 16.04. Section 2.09, Medical Radiologic Technologist
98-2 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
98-3 is amended by amending Subsection (d) and adding Subsections
98-4 (e)-(j) to read as follows:
98-5 (d) The Texas Board of Health may set fees for examination
98-6 and[,] certificate issuance[, and certificate renewal]. The Texas
98-7 Board of Health shall set the fees in amounts that are reasonable
98-8 to cover the costs of administering this Act without the use of
98-9 additional general revenue funds.
98-10 (e) A person who is otherwise eligible to renew a
98-11 certificate may renew an unexpired certificate by paying the
98-12 required renewal fee to the department before the expiration date
98-13 of the certificate. A person whose certificate has expired may not
98-14 engage in activities that require a certificate until the
98-15 certificate has been renewed.
98-16 (f) A person whose certificate has been expired for 90 days
98-17 or less may renew the certificate by paying to the department a
98-18 renewal fee that is equal to 1-1/2 times the normally required
98-19 renewal fee.
98-20 (g) A person whose certificate has been expired for more
98-21 than 90 days but less than one year may renew the certificate by
98-22 paying to the department a renewal fee that is equal to two times
98-23 the normally required renewal fee.
98-24 (h) A person whose certificate has been expired for one year
98-25 or more may not renew the certificate. The person may obtain a new
98-26 certificate by complying with the requirements and procedures,
98-27 including the examination requirements, for an original
99-1 certificate.
99-2 (i) A person who held a certificate in this state, moved to
99-3 another state, and currently holds a certificate or license and has
99-4 been in practice in the other state for the two years preceding the
99-5 date of application may obtain a new certificate without
99-6 reexamination. The person must pay to the department a fee that is
99-7 equal to two times the normally required renewal fee for the
99-8 certificate.
99-9 (j) Not later than the 30th day before the date a person's
99-10 certificate is scheduled to expire, the department shall send
99-11 written notice of the impending expiration to the person at the
99-12 person's last known address according to the records of the
99-13 department.
99-14 SECTION 16.05. The Medical Radiologic Technologist
99-15 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
99-16 amended by adding Sections 2.091 and 2.092 to read as follows:
99-17 Sec. 2.091. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
99-18 later than the 30th day after the date a person takes an
99-19 examination for a certificate under this Act, the department shall
99-20 notify the person of the results of the examination.
99-21 (b) If the examination is graded or reviewed by a testing
99-22 service:
99-23 (1) the department shall notify the person of the
99-24 results of the examination not later than the 14th day after the
99-25 date the department receives the results from the testing service;
99-26 and
99-27 (2) if notice of the examination results will be
100-1 delayed for longer than 90 days after the examination date, the
100-2 department shall notify the person of the reason for the delay
100-3 before the 90th day.
100-4 (c) The department may require a testing service to notify a
100-5 person of the results of the person's examination.
100-6 (d) If requested in writing by a person who fails an
100-7 examination for a certificate administered under this Act, the
100-8 department shall furnish the person with an analysis of the
100-9 person's performance on the examination.
100-10 Sec. 2.092. STAGGERED RENEWAL DATES. The Texas Board of
100-11 Health by rule may adopt a system under which certificates expire
100-12 on various dates during the year. For the year in which the
100-13 certificate expiration date is changed, the department shall
100-14 prorate certificate fees on a monthly basis so that each
100-15 certificate holder pays only that portion of the certificate fee
100-16 that is allocable to the number of months during which the
100-17 certificate is valid. On renewal of the certificate on the new
100-18 expiration date, the total certificate renewal fee is payable.
100-19 ARTICLE 17. ADMINISTRATIVE PENALTY AND STANDARD SUNSET REVIEW
100-20 PROVISIONS APPLICABLE TO THE TEXAS BOARD OF LICENSURE FOR
100-21 PROFESSIONAL MEDICAL PHYSICISTS
100-22 SECTION 17.01. Section 5(d), Texas Medical Physics Practice
100-23 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
100-24 read as follows:
100-25 (d) Appointments to the board shall be made without regard
100-26 to the race, color, disability, creed, sex, religion, age, or
100-27 national origin of the appointee.
101-1 SECTION 17.02. Section 7(d), Texas Medical Physics Practice
101-2 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
101-3 read as follows:
101-4 (d) A [The] public member of the board must be a resident of
101-5 this state for four years preceding appointment. A person may not
101-6 be a public member of the board if the person or the person's
101-7 spouse:
101-8 (1) is registered, certified, or licensed by a
101-9 regulatory agency in the field of medical physics;
101-10 (2) is employed by or participates in the management
101-11 of a business entity or other organization regulated by or
101-12 receiving money from the board;
101-13 (3) owns or controls, directly or indirectly, more
101-14 than a 10 percent interest in a business entity or other
101-15 organization regulated by or receiving money from the board; or
101-16 (4) uses or receives a substantial amount of tangible
101-17 goods, services, or money from the board other than compensation or
101-18 reimbursement authorized by law for board membership, attendance,
101-19 or expenses [and may not have a financial interest in any endeavor
101-20 related to the practice of medical physics].
101-21 SECTION 17.03. The Texas Medical Physics Practice Act
101-22 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
101-23 Sections 7A and 7B to read as follows:
101-24 Sec. 7A. CONFLICT OF INTEREST. (a) In this section, "Texas
101-25 trade association" means a cooperative and voluntarily joined
101-26 association of business or professional competitors in this state
101-27 designed to assist its members and its industry or profession in
102-1 dealing with mutual business or professional problems and in
102-2 promoting their common interest.
102-3 (b) A person may not be a member of the board if:
102-4 (1) the person is an officer, employee, or paid
102-5 consultant of a Texas trade association in the field of medicine;
102-6 or
102-7 (2) the person's spouse is an officer, manager, or
102-8 paid consultant of a Texas trade association in the field of
102-9 medicine.
102-10 (c) A person may not be a member of the board if the person
102-11 is required to register as a lobbyist under Chapter 305, Government
102-12 Code, because of the person's activities for compensation on behalf
102-13 of a profession related to the operation of the board.
102-14 Sec. 7B. TRAINING. (a) A person who is appointed to and
102-15 qualifies for office as a member of the board may not vote,
102-16 deliberate, or be counted as a member in attendance at a meeting of
102-17 the board until the person completes a training program that
102-18 complies with this section.
102-19 (b) The training program must provide the person with
102-20 information regarding:
102-21 (1) the legislation that created the board;
102-22 (2) the programs operated by the board;
102-23 (3) the role and functions of the board;
102-24 (4) the rules of the board, with an emphasis on the
102-25 rules that relate to disciplinary and investigatory authority;
102-26 (5) the current budget for the board;
102-27 (6) the results of the most recent formal audit of the
103-1 board;
103-2 (7) the requirements of:
103-3 (A) the open meetings law, Chapter 551,
103-4 Government Code;
103-5 (B) the public information law, Chapter 552,
103-6 Government Code;
103-7 (C) the administrative procedure law, Chapter
103-8 2001, Government Code; and
103-9 (D) other laws relating to public officials,
103-10 including conflict-of-interest laws; and
103-11 (8) any applicable ethics policies adopted by the
103-12 board or the Texas Ethics Commission.
103-13 (c) A person appointed to the board is entitled to
103-14 reimbursement, as provided by the General Appropriations Act, for
103-15 the travel expenses incurred in attending the training program
103-16 regardless of whether the attendance at the program occurs before
103-17 or after the person qualifies for office.
103-18 SECTION 17.04. Section 8, Texas Medical Physics Practice Act
103-19 (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
103-20 as follows:
103-21 Sec. 8. REMOVAL FROM OFFICE. (a) It is a ground for
103-22 removal from the board if a member:
103-23 (1) does not have at the time of appointment the
103-24 qualifications required by Section 7 of this Act for appointment to
103-25 the board;
103-26 (2) does not maintain during service on the board the
103-27 qualifications required by Section 7 of this Act for appointment to
104-1 the board;
104-2 (3) is ineligible for membership under Subsection (d)
104-3 of Section 7 of this Act or Section 7A of this Act;
104-4 (4) cannot, because of illness or disability,
104-5 discharge the member's duties for a substantial part of the
104-6 member's term; or
104-7 (5) [(3)] fails to attend at least half of the
104-8 regularly scheduled board meetings held in a calendar year,
104-9 excluding meetings held while the person was not a board member,
104-10 without an excuse approved by a majority of the board.
104-11 (b) If a ground for removal of a member of the board exists,
104-12 the board's actions during the existence of the ground for removal
104-13 are not invalid for that reason.
104-14 (c) If the commissioner of public health has knowledge that
104-15 a potential ground for removal exists, the commissioner shall
104-16 notify the presiding officer of the board of the potential ground.
104-17 The presiding officer shall then notify the governor and the
104-18 attorney general that a potential ground for removal exists. If
104-19 the potential ground for removal involves the presiding officer,
104-20 the commissioner shall notify the next highest ranking officer of
104-21 the board, who shall then notify the governor and the attorney
104-22 general that a potential ground for removal exists.
104-23 SECTION 17.05. Section 10, Texas Medical Physics Practice
104-24 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
104-25 amending Subsection (a) and adding Subsection (c) to read as
104-26 follows:
104-27 (a) The governor shall designate a member of the board as
105-1 the presiding officer of the board to serve in that capacity at the
105-2 will of the governor. At the first regularly scheduled meeting of
105-3 each calendar year, the board shall elect from among its members [a
105-4 presiding officer and] an assistant presiding officer.
105-5 (c) The board shall develop and implement policies that
105-6 provide the public with a reasonable opportunity to appear before
105-7 the board and to speak on any issue under the jurisdiction of the
105-8 board.
105-9 SECTION 17.06. Section 11, Texas Medical Physics Practice
105-10 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
105-11 read as follows:
105-12 Sec. 11. BOARD RESPONSIBILITIES. (a) The board shall:
105-13 (1) adopt and revise, with the approval of the
105-14 department, rules that are reasonably necessary for the proper
105-15 performance of its duties under this Act;
105-16 (2) determine the qualifications and fitness of
105-17 applicants for licenses, renewal of licenses, and reciprocal
105-18 licenses;
105-19 (3) charge a fee for the processing and issuance or
105-20 renewal of a license under this Act in an amount necessary to cover
105-21 costs incurred by the board in administering this Act;
105-22 (4) adopt and publish a code of ethics;
105-23 (5) adopt an official seal;
105-24 (6) conduct examinations for licensure under this Act;
105-25 (7) issue, deny, renew, revoke, and suspend licenses
105-26 under this Act;
105-27 (8) conduct hearings on complaints concerning
106-1 violations of this Act or rules adopted under this Act;
106-2 (9) prosecute or file suit to enjoin a violation of
106-3 this Act or a rule adopted under this Act; and
106-4 (10) [maintain a file on each complaint filed with the
106-5 board showing the status and final disposition of the complaint;
106-6 and]
106-7 [(11)] prepare information of consumer interest
106-8 describing the regulatory functions of the board and describing the
106-9 procedures by which complaints are filed with and resolved by the
106-10 board.
106-11 (b) The board shall recognize, [may] prepare, or [and]
106-12 administer [an optional] continuing education programs [program]
106-13 for persons licensed by the board under this Act. A license holder
106-14 must participate in the programs to the extent required by the
106-15 board to keep the person's license.
106-16 (c) The board shall develop and implement policies that
106-17 clearly separate the policymaking responsibilities of the board and
106-18 the management responsibilities of the commissioner of public
106-19 health, the executive secretary, and the staff of the department.
106-20 SECTION 17.07. The Texas Medical Physics Practice Act
106-21 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
106-22 Sections 11A and 11B to read as follows:
106-23 Sec. 11A. COMPLAINTS. (a) The board shall maintain a file
106-24 on each written complaint filed with the board. The file must
106-25 include:
106-26 (1) the name of the person who filed the complaint;
106-27 (2) the date the complaint is received by the board;
107-1 (3) the subject matter of the complaint;
107-2 (4) the name of each person contacted in relation to
107-3 the complaint;
107-4 (5) a summary of the results of the review or
107-5 investigation of the complaint; and
107-6 (6) an explanation of the reason the file was closed,
107-7 if the board closed the file without taking action other than to
107-8 investigate the complaint.
107-9 (b) The board shall provide to the person filing the
107-10 complaint and to each person who is a subject of the complaint a
107-11 copy of the board's policies and procedures relating to complaint
107-12 investigation and resolution.
107-13 (c) The board, at least quarterly until final disposition of
107-14 the complaint, shall notify the person filing the complaint and
107-15 each person who is a subject of the complaint of the status of the
107-16 investigation unless the notice would jeopardize an undercover
107-17 investigation.
107-18 Sec. 11B. RULES REGARDING ADVERTISING OR COMPETITIVE
107-19 BIDDING. (a) The board may not adopt rules restricting
107-20 advertising or competitive bidding by a license holder except to
107-21 prohibit false, misleading, or deceptive practices.
107-22 (b) In its rules to prohibit false, misleading, or deceptive
107-23 practices, the board may not include a rule that:
107-24 (1) restricts the use of any medium for advertising;
107-25 (2) restricts the use of a license holder's personal
107-26 appearance or voice in an advertisement;
107-27 (3) relates to the size or duration of an
108-1 advertisement by the license holder; or
108-2 (4) restricts the license holder's advertisement under
108-3 a trade name.
108-4 SECTION 17.08. Section 12, Texas Medical Physics Practice
108-5 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
108-6 adding Subsection (c) to read as follows:
108-7 (c) The commissioner of health or the commissioner's
108-8 designee shall provide to members of the board, as often as
108-9 necessary, information regarding the requirements for office under
108-10 this Act, including information regarding a person's
108-11 responsibilities under applicable laws relating to standards of
108-12 conduct for state officers.
108-13 SECTION 17.09. Section 18, Texas Medical Physics Practice
108-14 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
108-15 read as follows:
108-16 Sec. 18. LICENSING BY ENDORSEMENT OR RECIPROCITY. (a) On
108-17 receipt of an application and fee in accordance with Section 14 of
108-18 this Act, the board may waive any prerequisite for obtaining
108-19 [issue] a license to practice medical physics in this state to a
108-20 person who:
108-21 (1) holds a license to practice medical or
108-22 radiological physics in another state, territory, or jurisdiction
108-23 acceptable to the board that has requirements for the licensing of
108-24 medical or radiological physicists that are substantially the same
108-25 as the requirements of this Act; or
108-26 (2) prior to September 1, 1994:
108-27 (A) is a resident of a state, territory, or
109-1 jurisdiction without a medical physics licensure and/or practice
109-2 act;
109-3 (B) meets all other requirements for licensure
109-4 without examination in accordance with Section 19 of this Act; and
109-5 (C) has demonstrated to the board's satisfaction
109-6 a working knowledge of Texas rules pertaining to the license
109-7 specialty requested.
109-8 (b) The board may waive any prerequisite for obtaining a
109-9 license to practice medical physics in this state for an applicant
109-10 who holds a license issued by another jurisdiction with which this
109-11 state has a reciprocity agreement. The board may make an agreement,
109-12 subject to the approval of the governor, with another state to
109-13 allow for licensing by reciprocity.
109-14 SECTION 17.10. Section 21, Texas Medical Physics Practice
109-15 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
109-16 read as follows:
109-17 Sec. 21. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE;
109-18 DISCIPLINARY ACTION. (a) The board shall [may] refuse to issue or
109-19 renew a license, suspend or revoke a license, or reprimand the
109-20 license holder[, or place a license holder on probation] for any of
109-21 the following:
109-22 (1) obtaining or renewing a license by means of fraud,
109-23 misrepresentation, or concealment of material facts;
109-24 (2) having once made application for or held a license
109-25 issued by the licensing authority of another state, territory, or
109-26 jurisdiction that was denied, suspended, or revoked by that
109-27 licensing authority;
110-1 (3) engaging in unprofessional conduct that endangered
110-2 or is likely to endanger the health, safety, or welfare of the
110-3 public as defined by board rule;
110-4 (4) violating this Act, a lawful order or rule of the
110-5 board, or the board's code of ethics; or
110-6 (5) being convicted of a felony or of a misdemeanor
110-7 that involved moral turpitude or that directly relates to a
110-8 person's duties and responsibilities as a licensed medical
110-9 physicist.
110-10 (b) The board may place on probation a person whose license
110-11 is suspended. If a license suspension is probated, the board may
110-12 require the person:
110-13 (1) to report regularly to the department on matters
110-14 that are the basis of the probation;
110-15 (2) to limit practice to the areas prescribed by the
110-16 board; or
110-17 (3) to continue or review professional education until
110-18 the person attains a degree of skill satisfactory to the board in
110-19 those areas that are the basis of the probation.
110-20 (c) Chapter 2001, Government Code, [The Administrative
110-21 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
110-22 Civil Statutes)] and board rules for a contested hearing apply to
110-23 proceedings by the board under this section.
110-24 SECTION 17.11. The Texas Medical Physics Practice Act
110-25 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
110-26 Sections 23A and 23B to read as follows:
110-27 Sec. 23A. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
111-1 board may impose an administrative penalty on a person licensed
111-2 under this Act who violates this Act or a rule or order adopted
111-3 under this Act. A penalty collected under this section or Section
111-4 23B of this Act shall be deposited in the state treasury in the
111-5 general revenue fund.
111-6 (b) A proceeding to impose the penalty is considered to be a
111-7 contested case under Chapter 2001, Government Code.
111-8 (c) The amount of the penalty may not exceed $500 for each
111-9 violation, and each day a violation continues or occurs is a
111-10 separate violation for purposes of imposing a penalty. The total
111-11 amount of the penalty assessed for a violation continuing or
111-12 occurring on separate days under this subsection may not exceed
111-13 $2,500.
111-14 (d) The amount shall be based on:
111-15 (1) the seriousness of the violation, including the
111-16 nature, circumstances, extent, and gravity of the violation;
111-17 (2) the threat to health or safety caused by the
111-18 violation;
111-19 (3) the history of previous violations;
111-20 (4) the amount necessary to deter a future violation;
111-21 (5) whether the violator demonstrated good faith,
111-22 including when applicable whether the violator made good faith
111-23 efforts to correct the violation; and
111-24 (6) any other matter that justice may require.
111-25 (e) If the executive secretary determines that a violation
111-26 occurred, the executive secretary shall give written notice of the
111-27 report by certified mail to the person.
112-1 (f) The notice under Subsection (e) of this section must:
112-2 (1) include a brief summary of the alleged violation;
112-3 (2) state the amount of the recommended penalty; and
112-4 (3) inform the person of the person's right to a
112-5 hearing on the occurrence of the violation, the amount of the
112-6 penalty, or both.
112-7 (g) Within 20 days after the date the person receives the
112-8 notice under Subsection (e) of this section, the person in writing
112-9 may:
112-10 (1) accept the determination and recommended penalty
112-11 of the executive secretary; or
112-12 (2) make a request for a hearing on the occurrence of
112-13 the violation, the amount of the penalty, or both.
112-14 (h) If the person accepts the determination and recommended
112-15 penalty or if the person fails to respond to the notice, the board
112-16 by order shall approve the determination and impose the recommended
112-17 penalty.
112-18 (i) If the person requests a hearing, the board shall refer
112-19 the matter to the State Office of Administrative Hearings, which
112-20 shall promptly set a hearing date and give written notice of the
112-21 time and place of the hearing to the person. An administrative law
112-22 judge of the State Office of Administrative Hearings shall conduct
112-23 the hearing.
112-24 (j) The administrative law judge shall make findings of fact
112-25 and conclusions of law and promptly issue to the board a proposal
112-26 for a decision about the occurrence of the violation and the amount
112-27 of a proposed penalty.
113-1 (k) Based on the findings of fact, conclusions of law, and
113-2 proposal for a decision, the board by order may:
113-3 (1) find that a violation occurred and impose a
113-4 penalty; or
113-5 (2) find that a violation did not occur.
113-6 (l) The notice of the board's order under Subsection (k) of
113-7 this section that is sent to the person in accordance with Chapter
113-8 2001, Government Code, must include a statement of the right of the
113-9 person to judicial review of the order.
113-10 Sec. 23B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
113-11 JUDICIAL REVIEW. (a) Within 30 days after the date an order of
113-12 the board under Subsection (k) of Section 23A of this Act that
113-13 imposes an administrative penalty becomes final, the person shall:
113-14 (1) pay the penalty; or
113-15 (2) file a petition for judicial review of the board's
113-16 order contesting the occurrence of the violation, the amount of the
113-17 penalty, or both.
113-18 (b) Within the 30-day period prescribed by Subsection (a) of
113-19 this section, a person who files a petition for judicial review
113-20 may:
113-21 (1) stay enforcement of the penalty by:
113-22 (A) paying the penalty to the court for
113-23 placement in an escrow account; or
113-24 (B) giving the court a supersedeas bond approved
113-25 by the court that:
113-26 (i) is for the amount of the penalty; and
113-27 (ii) is effective until all judicial
114-1 review of the board's order is final; or
114-2 (2) request the court to stay enforcement of the
114-3 penalty by:
114-4 (A) filing with the court a sworn affidavit of
114-5 the person stating that the person is financially unable to pay the
114-6 penalty and is financially unable to give the supersedeas bond; and
114-7 (B) sending a copy of the affidavit to the board
114-8 by certified mail.
114-9 (c) If the board receives a copy of an affidavit under
114-10 Subsection (b)(2) of this section, the board may file with the
114-11 court, within five days after the date the copy is received, a
114-12 contest to the affidavit. The court shall hold a hearing on the
114-13 facts alleged in the affidavit as soon as practicable and shall
114-14 stay the enforcement of the penalty on finding that the alleged
114-15 facts are true. The person who files an affidavit has the burden
114-16 of proving that the person is financially unable to pay the penalty
114-17 or to give a supersedeas bond.
114-18 (d) If the person does not pay the penalty and the
114-19 enforcement of the penalty is not stayed, the penalty may be
114-20 collected. The attorney general may sue to collect the penalty.
114-21 (e) If the court sustains the finding that a violation
114-22 occurred, the court may uphold or reduce the amount of the penalty
114-23 and order the person to pay the full or reduced amount of the
114-24 penalty.
114-25 (f) If the court does not sustain the finding that a
114-26 violation occurred, the court shall order that a penalty is not
114-27 owed.
115-1 (g) If the person paid the penalty and if the amount of the
115-2 penalty is reduced or the penalty is not upheld by the court, the
115-3 court shall order, when the court's judgment becomes final, that
115-4 the appropriate amount plus accrued interest be remitted to the
115-5 person within 30 days after the date that the judgment of the court
115-6 becomes final. The interest accrues at the rate charged on loans to
115-7 depository institutions by the New York Federal Reserve Bank. The
115-8 interest shall be paid for the period beginning on the date the
115-9 penalty is paid and ending on the date the penalty is remitted.
115-10 (h) If the person gave a supersedeas bond and the penalty is
115-11 not upheld by the court, the court shall order, when the court's
115-12 judgment becomes final, the release of the bond. If the person gave
115-13 a supersedeas bond and the amount of the penalty is reduced, the
115-14 court shall order the release of the bond after the person pays the
115-15 reduced amount.
115-16 SECTION 17.12. The Texas Medical Physics Practice Act
115-17 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
115-18 Section 27 to read as follows:
115-19 Sec. 27. PROVISIONAL LICENSES. (a) The board may issue a
115-20 provisional license to an applicant currently licensed or certified
115-21 in another jurisdiction who seeks a license in this state and who:
115-22 (1) has been licensed or certified in good standing as
115-23 a practitioner of medical or radiologic physics for at least two
115-24 years in another jurisdiction, including a foreign country, that
115-25 has licensing or certification requirements substantially
115-26 equivalent to the requirements of this Act;
115-27 (2) has passed a national or other examination
116-1 recognized by the board relating to the practice of medical or
116-2 radiologic physics; and
116-3 (3) is sponsored by a person licensed by the board
116-4 under this Act with whom the provisional license holder will
116-5 practice during the time the person holds a provisional license.
116-6 (b) The board may waive the requirement of Subsection (a)(3)
116-7 for an applicant if the board determines that compliance with that
116-8 subsection would be a hardship to the applicant.
116-9 (c) A provisional license is valid until the date the board
116-10 approves or denies the provisional license holder's application for
116-11 a license. The board shall issue a license under this Act to the
116-12 provisional license holder if:
116-13 (1) the provisional license holder is eligible to be
116-14 certified under Section 18 of this Act; or
116-15 (2) the provisional license holder passes the part of
116-16 the examination under Section 16 of this Act that relates to the
116-17 applicant's knowledge and understanding of the laws and rules
116-18 relating to the practice of medical physics in this state and:
116-19 (A) the board verifies that the provisional
116-20 license holder meets the academic and experience requirements for a
116-21 license under this Act; and
116-22 (B) the provisional license holder satisfies any
116-23 other licensing requirements under this Act.
116-24 (d) The board must approve or deny a provisional license
116-25 holder's application for a license not later than the 180th day
116-26 after the date the provisional license is issued. The board may
116-27 extend the 180-day period if the results of an examination have not
117-1 been received by the board before the end of that period.
117-2 (e) The board may establish a fee for provisional licenses
117-3 in an amount reasonable and necessary to cover the cost of issuing
117-4 the license.
117-5 SECTION 17.13. Subsection (e), Section 7, Texas Medical
117-6 Physics Practice Act (Article 4512n, Vernon's Texas Civil
117-7 Statutes), is repealed.
117-8 SECTION 17.14. The changes in law made by this Act in the
117-9 prohibitions applying to members of the Texas Board of Licensure
117-10 for Professional Medical Physicists do not affect the entitlement
117-11 of a member serving on the board immediately before September 1,
117-12 1999, to continue to serve and function as a member of the board
117-13 for the remainder of the member's term. The changes in law apply
117-14 only to a member appointed on or after September 1, 1999.
117-15 ARTICLE 18. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO
117-16 THE REGULATION OF MASSAGE THERAPISTS
117-17 SECTION 18.01. Subsection (b), Section 2, Chapter 752, Acts
117-18 of the 69th Legislature, Regular Session, 1985 (Article 4512k,
117-19 Vernon's Texas Civil Statutes), is amended to read as follows:
117-20 (b) An individual who registers as a massage therapist under
117-21 this Act must present evidence satisfactory to the board that the
117-22 person:
117-23 (1) has satisfactorily completed massage therapy
117-24 studies in a 300 hour, supervised course of instruction provided by
117-25 a massage therapy instructor, by a massage school registered by the
117-26 department, by a state approved educational institution, or by any
117-27 combination of instructors or schools, in which 125 hours are
118-1 dedicated to the study of Swedish massage therapy techniques taught
118-2 by a massage therapy instructor, 50 hours to the study of anatomy,
118-3 25 hours to the study of physiology, 15 hours to the study of
118-4 hydrotherapy, 15 hours to the study of business practices and
118-5 professional ethics standards, 20 hours to the study of health and
118-6 hygiene, and 50 hours to an internship program; or
118-7 (2) [is registered as a massage therapist in another
118-8 state or country that has and maintains standards and requirements
118-9 of practice and licensing or registration that substantially
118-10 conform to those of this state, as determined by the department; or]
118-11 [(3)] has practiced massage therapy as a profession
118-12 for not less than five years in another state or country that does
118-13 not have or maintain standards and requirements of practice and
118-14 licensing or registration that substantially conform to those of
118-15 this state, as determined by the department.
118-16 SECTION 18.02. Chapter 752, Acts of the 69th Legislature,
118-17 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
118-18 Statutes), is amended by adding Sections 2C and 2D to read as
118-19 follows:
118-20 Sec. 2C. APPLICANT REGISTERED IN ANOTHER JURISDICTION.
118-21 (a) The board may waive any prerequisite to obtaining a
118-22 certificate of registration for an applicant for registration as a
118-23 massage therapist or massage therapy instructor after reviewing the
118-24 applicant's credentials and determining that the applicant holds a
118-25 license or certificate of registration issued by another
118-26 jurisdiction that has licensing or registration requirements
118-27 substantially equivalent to those of this state.
119-1 (b) The board may waive any prerequisite to obtaining a
119-2 certificate of registration for an applicant for registration as a
119-3 massage therapist or massage therapy instructor who holds a license
119-4 or certificate of registration issued by another jurisdiction with
119-5 which this state has a reciprocity agreement. The board may make
119-6 an agreement, subject to the approval of the governor, with another
119-7 state to allow for registration by reciprocity.
119-8 Sec. 2D. PROVISIONAL REGISTRATION. (a) The board may issue
119-9 a provisional certificate of registration to an applicant for
119-10 registration as a massage therapist or massage therapy instructor
119-11 currently licensed or registered in another jurisdiction who seeks
119-12 a certificate of registration in this state and who:
119-13 (1) has been licensed or registered in good standing
119-14 as a massage therapist or massage therapy instructor, as
119-15 applicable, for at least two years in another jurisdiction,
119-16 including a foreign country, that has licensing or registration
119-17 requirements substantially equivalent to the requirements of this
119-18 Act;
119-19 (2) has passed a national or other examination
119-20 recognized by the board relating to the practice of massage
119-21 therapy; and
119-22 (3) is sponsored by a person registered by the board
119-23 under this Act with whom the provisional registrant will practice
119-24 during the time the person holds a provisional certificate of
119-25 registration.
119-26 (b) The board may waive the requirement of Subsection (a)(3)
119-27 for an applicant if the board determines that compliance with that
120-1 subsection would be a hardship to the applicant.
120-2 (c) A provisional certificate of registration is valid until
120-3 the date the board approves or denies the provisional registrant's
120-4 application for registration. The board shall issue a certificate
120-5 of registration under this Act to the provisional registrant if:
120-6 (1) the provisional registrant is eligible to be
120-7 certified under Section 2C of this Act; or
120-8 (2) the provisional registrant passes the part of the
120-9 examination under Section 7 of this Act that relates to the
120-10 applicant's knowledge and understanding of the laws and rules
120-11 relating to the practice of massage therapy in this state and:
120-12 (A) the board verifies that the provisional
120-13 registrant meets the academic and experience requirements for
120-14 registration under this Act; and
120-15 (B) the provisional registrant satisfies any
120-16 other registration requirements under this Act.
120-17 (d) The board must approve or deny a provisional
120-18 registrant's application for a certificate of registration not
120-19 later than the 180th day after the date the provisional certificate
120-20 of registration is issued. The board may extend the 180-day period
120-21 if the results of an examination have not been received by the
120-22 board before the end of that period.
120-23 (e) The board may establish a fee for provisional
120-24 certificates of registration in an amount reasonable and necessary
120-25 to cover the cost of issuing the certificate of registration.
120-26 SECTION 18.03. Chapter 752, Acts of the 69th Legislature,
120-27 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
121-1 Statutes), is amended by adding Sections 7E, 7F, and 7G to read as
121-2 follows:
121-3 Sec. 7E. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
121-4 later than the 30th day after the date a person takes a
121-5 registration examination under this Act, the department shall
121-6 notify the person of the results of the examination.
121-7 (b) If the examination is graded or reviewed by a testing
121-8 service:
121-9 (1) the department shall notify the person of the
121-10 results of the examination not later than the 14th day after the
121-11 date the department receives the results from the testing service;
121-12 and
121-13 (2) if notice of the examination results will be
121-14 delayed for longer than 90 days after the examination date, the
121-15 department shall notify the person of the reason for the delay
121-16 before the 90th day.
121-17 (c) The department may require a testing service to notify a
121-18 person of the results of the person's examination.
121-19 (d) If requested in writing by a person who fails a
121-20 registration examination administered under this Act, the
121-21 department shall furnish the person with an analysis of the
121-22 person's performance on the examination.
121-23 Sec. 7F. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING
121-24 BY REGISTRANT. (a) The board may not adopt rules restricting
121-25 advertising or competitive bidding by a registrant except to
121-26 prohibit false, misleading, or deceptive practices.
121-27 (b) In its rules to prohibit false, misleading, or deceptive
122-1 practices, the board may not include a rule that:
122-2 (1) restricts the use of any medium for advertising;
122-3 (2) restricts the use of a registrant's personal
122-4 appearance or voice in an advertisement;
122-5 (3) relates to the size or duration of an
122-6 advertisement by the registrant; or
122-7 (4) restricts the registrant's advertisement under a
122-8 trade name.
122-9 Sec. 7G. CONTINUING EDUCATION. The board shall recognize,
122-10 prepare, or administer continuing education programs for its
122-11 registrants. A registrant must participate in the programs to the
122-12 extent required by the board to keep the person's certificate of
122-13 registration.
122-14 SECTION 18.04. Sections 11 and 12, Chapter 752, Acts of the
122-15 69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
122-16 Texas Civil Statutes), are amended to read as follows:
122-17 Sec. 11. REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR
122-18 REVOCATION. (a) The board [department] may refuse to issue a
122-19 registration certificate to an applicant and shall[, may] suspend,
122-20 [or] revoke, or refuse to renew a registration certificate, or
122-21 shall reprimand a registrant [may place a registered person,
122-22 including a massage school, massage therapy instructor, or massage
122-23 establishment, on probation] for any of the following causes:
122-24 (1) obtaining a certificate by means of fraud,
122-25 misrepresentation, or concealment of material facts;
122-26 (2) selling, bartering, or offering [offer] to sell or
122-27 barter a registration certificate;
123-1 (3) violating any rule adopted by the board;
123-2 (4) engaging in unprofessional conduct that has
123-3 endangered or is likely to endanger the health, welfare, or safety
123-4 of the public as defined by the rules established by the board;
123-5 (5) violating a regulation adopted by a political
123-6 subdivision under Chapter 243, Local Government Code; or
123-7 (6) violating any provisions of this Act.
123-8 (b) The board may place on probation a person, including a
123-9 massage school, massage therapy instructor, or massage
123-10 establishment, whose registration certificate is suspended. If a
123-11 registration suspension is probated, the board may require the
123-12 person:
123-13 (1) to report regularly to the department on matters
123-14 that are the basis of the probation;
123-15 (2) to limit practice to the areas prescribed by the
123-16 board; or
123-17 (3) to continue or review professional education until
123-18 the person attains a degree of skill satisfactory to the board in
123-19 those areas that are the basis of the probation.
123-20 (c) An individual who has been convicted of, entered a plea
123-21 of nolo contendere or guilty to, or received deferred adjudication
123-22 to crimes or offenses involving prostitution or sexual offenses is
123-23 ineligible for registration as a massage therapist, massage therapy
123-24 instructor, massage school, or massage establishment. The
123-25 department shall revoke the registration of a person registered as
123-26 a massage therapist or massage therapy instructor who is convicted
123-27 of, enters a plea of nolo contendere or guilty to, or receives
124-1 deferred adjudication to a crime or offense involving prostitution
124-2 or other sexual offenses, or who the department determines has
124-3 practiced or administered massage therapy at or for a sexually
124-4 oriented business. The department shall revoke the registration of
124-5 a person registered as a massage school or massage establishment if
124-6 the department determines that the school or establishment is a
124-7 sexually oriented business, or that a crime or offense involving
124-8 prostitution or other sexual offenses and resulting in a
124-9 conviction, or to which a plea of nolo contendere or guilty was
124-10 entered or deferred adjudication was received, has occurred on the
124-11 premises of the school or establishment.
124-12 (d) [(c)] A person whose application for registration is
124-13 denied, who has been reprimanded, or whose registration is
124-14 suspended or revoked is entitled to a hearing before the department
124-15 if the person submits a written request to the department.
124-16 Hearings are governed by department rules for a contested hearing
124-17 and by Chapter 2001, Government Code [the Administrative Procedure
124-18 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
124-19 Statutes)].
124-20 (e) [(d)] A person convicted of a violation of this Act is
124-21 ineligible for registration as a massage therapist, massage therapy
124-22 instructor, massage school, or massage establishment for a period
124-23 of five years.
124-24 Sec. 12. RENEWAL OF REGISTRATION. (a) Registration under
124-25 this Act is subject to periodic renewal and expires unless the
124-26 registered person submits an application for renewal accompanied by
124-27 the renewal fee prescribed by the department or by the late fee
125-1 prescribed by this section.
125-2 (b) The department shall adopt a system under which
125-3 registrations expire and are renewed on various dates of the year.
125-4 Initial registration fees shall be prorated so that a registered
125-5 person pays only for that part of the renewal period for which the
125-6 registration is issued until the expiration date of the
125-7 registration.
125-8 (c) A person who is otherwise eligible to renew a
125-9 registration may renew an unexpired registration by paying the
125-10 required renewal fee to the department before the expiration date
125-11 of the registration. A person whose registration has expired may
125-12 not engage in activities that require registration until the
125-13 registration has been renewed.
125-14 (d) A person whose registration has been expired for 90
125-15 days or less may renew the registration by paying to the
125-16 department a renewal fee that is equal to 1-1/2 times the normally
125-17 required renewal fee.
125-18 (e) A person whose registration has been expired for more
125-19 than 90 days but less than one year may renew the registration by
125-20 paying to the department a renewal fee that is equal to two times
125-21 the normally required renewal fee.
125-22 (f) A person whose registration has been expired for one
125-23 year or more may not renew the registration. The person may
125-24 register by complying with the requirements and procedures,
125-25 including the examination requirements, for originally registering.
125-26 (g) A person who was registered in this state, moved to
125-27 another state, and is currently registered or licensed and has been
126-1 in practice in the other state for the two years preceding the date
126-2 of application may register without reexamination. The person must
126-3 pay to the department a fee that is equal to two times the normally
126-4 required renewal fee for registration.
126-5 (h) Not later than the 30th day before the date a person's
126-6 registration is scheduled to expire, the department shall send
126-7 written notice of the impending expiration to the person at the
126-8 person's last known address according to the records of the
126-9 department. [A person registered under this Act who does not renew
126-10 registration by the expiration date may renew the registration not
126-11 later than the first anniversary of the expiration date by meeting
126-12 the requirements set forth in this section and paying a late
126-13 penalty fee.]
126-14 [(d) The registration of a person who fails to meet the
126-15 renewal requirements of this section is void. Such a person must
126-16 submit a new application, pay the appropriate fees, and meet the
126-17 current requirements for registration.]
126-18 ARTICLE 19. STANDARD SUNSET REVIEW PROVISIONS AND CERTAIN OTHER
126-19 PROVISIONS APPLICABLE TO STATE REGULATION INVOLVING EMERGENCY
126-20 MEDICAL SERVICES
126-21 SECTION 19.01. Subchapter A, Chapter 773, Health and Safety
126-22 Code, is amended by adding Section 773.012 to read as follows:
126-23 Sec. 773.012. ADVISORY COUNCIL. (a) The governor shall
126-24 appoint an advisory council to advise the board regarding matters
126-25 related to the responsibilities of the board, commissioner, and
126-26 department under this chapter.
126-27 (b) The advisory council is composed of the following 15
127-1 members appointed by the governor:
127-2 (1) a board-certified emergency physician, appointed
127-3 from a list of names recommended by a statewide professional
127-4 association of emergency physicians;
127-5 (2) a licensed physician who is an emergency medical
127-6 services medical director, appointed from a list of names
127-7 recommended by a statewide professional association of emergency
127-8 medical services medical directors;
127-9 (3) a fire chief for a municipality that provides
127-10 emergency medical services, appointed from a list of names
127-11 recommended by a statewide fire chiefs association;
127-12 (4) an officer or employee of a private provider of
127-13 emergency medical services who is involved with the development of
127-14 a Texas Trauma System, appointed from a list of names recommended
127-15 by a statewide association of private providers of emergency
127-16 medical services;
127-17 (5) a volunteer who provides emergency medical
127-18 services, appointed from a list of names recommended by a statewide
127-19 association of volunteers;
127-20 (6) an educator in the field of emergency medical
127-21 services;
127-22 (7) a member of an emergency medical services air
127-23 medical team or unit, appointed from a list of names recommended by
127-24 a statewide emergency medical services air medical association;
127-25 (8) a representative of a fire department that
127-26 provides emergency medical services, appointed from a list of names
127-27 recommended by a statewide association of firefighters;
128-1 (9) a representative of hospitals who is affiliated
128-2 with a hospital that is a designated trauma facility in an urban
128-3 community, appointed from a list of names recommended by a
128-4 statewide association of hospitals;
128-5 (10) a representative of hospitals, who is affiliated
128-6 with a hospital that is a designated trauma facility in a rural
128-7 community, appointed from a list of names recommended by a
128-8 statewide association of hospitals;
128-9 (11) a representative of a county provider of
128-10 emergency medical services;
128-11 (12) one licensed physician who is a pediatrician with
128-12 trauma or emergency care expertise;
128-13 (13) one trauma surgeon or one registered nurse with
128-14 trauma expertise; and
128-15 (14) two representatives of the general public who are
128-16 not qualified to serve under another subdivision of this
128-17 subsection.
128-18 (c) A person may not be a public member of the advisory
128-19 council if the person or the person's spouse:
128-20 (1) is registered, certified, or licensed by a
128-21 regulatory agency in the field of emergency medical services;
128-22 (2) is employed by or participates in the management
128-23 of a business entity or other organization regulated by or
128-24 receiving money from the department;
128-25 (3) owns or controls, directly or indirectly, more
128-26 than a 10 percent interest in a business entity or other
128-27 organization regulated by or receiving money from the department;
129-1 or
129-2 (4) uses or receives a substantial amount of tangible
129-3 goods, services, or money from the department other than
129-4 reimbursement authorized by law for advisory council membership,
129-5 attendance, or expenses.
129-6 (d) In this subsection, "Texas trade association" means a
129-7 cooperative and voluntarily joined association of business or
129-8 professional competitors in this state designed to assist its
129-9 members and its industry or profession in dealing with mutual
129-10 business or professional problems and in promoting their common
129-11 interest. A person may not be a member of the advisory council if:
129-12 (1) the person is an officer, employee, or paid
129-13 consultant of a Texas trade association in the field of emergency
129-14 medical services; or
129-15 (2) the person's spouse is an officer, manager, or
129-16 paid consultant of a Texas trade association in the field of
129-17 emergency medical services.
129-18 (e) A person may not be a member of the advisory council if
129-19 the person is required to register as a lobbyist under Chapter 305,
129-20 Government Code, because of the person's activities for
129-21 compensation on behalf of a profession related to the operation of
129-22 the department.
129-23 (f) Members of the advisory council serve staggered six-year
129-24 terms with the terms of five members expiring January 1 of each
129-25 even-numbered year. A vacancy on the advisory council is filled in
129-26 the same manner as the original appointment for the unexpired term.
129-27 (g) The governor shall appoint the presiding officer of the
130-1 advisory council.
130-2 (h) A member of the advisory council serves without
130-3 compensation. Chapter 2110, Government Code, does not apply to the
130-4 size, composition, or duration of the advisory council.
130-5 (i) The advisory council shall meet at least quarterly in
130-6 the city of Austin. The advisory council shall meet as provided by
130-7 procedural rules adopted by the advisory council or at the call of
130-8 the presiding officer. The advisory council may appoint committees
130-9 it considers necessary to perform its duties.
130-10 (j) The advisory council periodically shall review board
130-11 rules relating to this chapter and may recommend changes in those
130-12 rules to the board. The board and the commissioner shall ensure
130-13 that the advisory council is given adequate time and opportunity to
130-14 review and comment on each rule proposed for adoption by the board
130-15 under this chapter, including the amendment or repeal of an
130-16 existing rule, but not including an emergency rule.
130-17 SECTION 19.02. Section 773.050, Health and Safety Code, is
130-18 amended by amending Subsection (b) and adding Subsection (f) to
130-19 read as follows:
130-20 (b) The board by rule shall establish minimum standards for:
130-21 (1) staffing an advanced life-support emergency
130-22 medical services vehicle, a mobile intensive-care unit, or a
130-23 specialized emergency medical services vehicle;
130-24 (2) emergency medical services personnel certification
130-25 and performance, including provisional certification,
130-26 certification, decertification, recertification, suspension,
130-27 emergency suspension, and probation;
131-1 (3) the approval of courses and training programs, the
131-2 certification of program instructors, examiners, and course
131-3 coordinators for emergency medical services personnel training, and
131-4 the revocation and probation of an approval or certification;
131-5 (4) [continuing education programs and] examinations
131-6 of emergency medical services personnel;
131-7 (5) medical supervision of basic and advanced
131-8 life-support systems;
131-9 (6) granting, suspending, and revoking a license for
131-10 emergency medical services providers; and
131-11 (7) emergency medical services vehicles.
131-12 (f) The board shall recognize, prepare, or administer
131-13 continuing education programs for certified personnel. A
131-14 certificate holder must participate in the programs to the extent
131-15 required by the board to remain certified.
131-16 SECTION 19.03. Subchapter C, Chapter 773, Health and Safety
131-17 Code, is amended by adding Section 773.0505 to read as follows:
131-18 Sec. 773.0505. RULES REGARDING ADVERTISING OR COMPETITIVE
131-19 BIDDING. (a) The board may not adopt rules restricting
131-20 advertising or competitive bidding by a license or certificate
131-21 holder except to prohibit false, misleading, or deceptive
131-22 practices.
131-23 (b) In its rules to prohibit false, misleading, or deceptive
131-24 practices, the board may not include a rule that:
131-25 (1) restricts the use of any medium for advertising;
131-26 (2) restricts the use of a license or certificate
131-27 holder's personal appearance or voice in an advertisement;
132-1 (3) relates to the size or duration of an
132-2 advertisement by the license or certificate holder; or
132-3 (4) restricts the license or certificate holder's
132-4 advertisement under a trade name.
132-5 SECTION 19.04. Section 773.055, Health and Safety Code, is
132-6 amended by adding Subsections (g) and (h) to read as follows:
132-7 (g) The board by rule may adopt a system under which
132-8 certificates expire on various dates during the year. For the year
132-9 in which the certificate expiration date is changed, the department
132-10 shall prorate certificate fees on a monthly basis so that each
132-11 certificate holder pays only that portion of the certificate fee
132-12 that is allocable to the number of months during which the
132-13 certificate is valid. On renewal of the certificate on the new
132-14 expiration date, the total certificate renewal fee is payable.
132-15 (h) The department shall ensure that the written
132-16 examinations and any other tests that the department requires a
132-17 person to take and pass to obtain or retain certification as
132-18 emergency medical services personnel shall be administered during
132-19 the course of a year at various locations around the state so that
132-20 a person who resides in any part of the state will be able to take
132-21 the examinations or tests without having to travel a distance that
132-22 as a practical matter requires either travel by air or an overnight
132-23 stay.
132-24 SECTION 19.05. Section 773.059, Health and Safety Code, is
132-25 amended to read as follows:
132-26 Sec. 773.059. LATE RECERTIFICATION. (a) A person who is
132-27 otherwise eligible to renew a certificate may renew an unexpired
133-1 certificate by paying the required renewal fee to the department
133-2 before the expiration date of the certificate. A person whose
133-3 certificate has expired may not engage in activities that require
133-4 certification until the certificate has been renewed.
133-5 (b) A person whose certificate has been expired for 90 days
133-6 or less may renew the certificate by paying to the department a
133-7 renewal fee that is equal to 1-1/2 times the normally required
133-8 renewal fee.
133-9 (c) A person whose certificate has been expired for more
133-10 than 90 days but less than one year may renew the certificate by
133-11 paying to the department a renewal fee that is equal to two times
133-12 the normally required renewal fee.
133-13 (d) A person whose certificate has been expired for one year
133-14 or more may not renew the certificate. The person may become
133-15 certified by complying with the requirements and procedures,
133-16 including the examination requirements, for an original
133-17 certification.
133-18 (e) A person who was certified in this state, moved to
133-19 another state, and is currently certified or licensed and has been
133-20 in practice in the other state for the two years preceding the date
133-21 of application may become certified without reexamination. The
133-22 person must pay to the department a fee that is equal to two times
133-23 the normally required renewal fee for certification.
133-24 (f) Not later than the 30th day before the date a person's
133-25 certificate is scheduled to expire, the department shall send
133-26 written notice of the impending expiration to the person at the
133-27 person's last known address according to the records of the
134-1 department.
134-2 (g) [Except as provided by Subsection (b), a person applying
134-3 for recertification whose application is received after the
134-4 expiration date of the person's certificate must pay a late fee of
134-5 $25.]
134-6 [(b)] A person certified by the department who is deployed
134-7 in support of military, security, or other action by the United
134-8 Nations Security Council, a national emergency declared by the
134-9 president of the United States, or a declaration of war by the
134-10 United States Congress is eligible for recertification under
134-11 Section 773.050 on the person's demobilization for one calendar
134-12 year after the date of demobilization.
134-13 SECTION 19.06. Section 773.061, Health and Safety Code, is
134-14 amended to read as follows:
134-15 Sec. 773.061. DISCIPLINARY ACTIONS. (a) For a violation of
134-16 this chapter or a rule adopted under this chapter, the department
134-17 shall revoke, suspend, or refuse to renew a license or certificate
134-18 of or shall reprimand [may]:
134-19 (1) [decertify, suspend, place on emergency
134-20 suspension, or place on probation] emergency medical services
134-21 personnel;
134-22 (2) [revoke or place on probation course or training
134-23 program approval;]
134-24 [(3) revoke, suspend, or place on probation the
134-25 certificate of] a program instructor, examiner, or course
134-26 coordinator; and
134-27 (3) [(4) revoke, suspend, or place on probation] an
135-1 emergency medical services provider license holder.
135-2 (b) For a violation of this chapter or a rule adopted under
135-3 this chapter, the department shall revoke, suspend, or refuse to
135-4 renew approval of a course or training program.
135-5 (c) For a violation of this chapter or a rule adopted under
135-6 this chapter, the department may place on emergency suspension
135-7 emergency medical services personnel.
135-8 (d) The department may place on probation a course or
135-9 training program or a person, including emergency medical services
135-10 personnel, an emergency medical services provider license holder,
135-11 or a program instructor, examiner, or course coordinator, whose
135-12 certificate, license, or approval is suspended. If a suspension is
135-13 probated, the department may require the person or the sponsor of a
135-14 course or training program, as applicable:
135-15 (1) to report regularly to the department on matters
135-16 that are the basis of the probation;
135-17 (2) to limit practice to the areas prescribed by the
135-18 board; or
135-19 (3) to continue or review professional education until
135-20 the person attains a degree of skill satisfactory to the department
135-21 in those areas that are the basis of the probation.
135-22 (e) Except as provided by Section 773.062, the procedures by
135-23 which the department takes action under this section and the
135-24 procedures by which that action is appealed are governed by the
135-25 procedures for a contested case hearing under Chapter 2001,
135-26 Government Code.
135-27 SECTION 19.07. Sections 773.122(a), (c), (d), and (f),
136-1 Health and Safety Code, are amended to read as follows:
136-2 (a) The commissioner, with advice and counsel from the
136-3 chairpersons of the trauma service area regional advisory councils,
136-4 shall use money in the emergency medical services and trauma care
136-5 system fund established under Section 773.121 to fund [county and]
136-6 regional emergency medical services and trauma care systems in
136-7 accordance with this section.
136-8 (c) In any fiscal year the commissioner shall use at least
136-9 70 percent of the appropriated money remaining in the emergency
136-10 medical services and trauma care system fund, after any amount
136-11 necessary to maintain the reserve established by Subsection (b) is
136-12 deducted, to fund, in connection with an effort to provide
136-13 coordination with the appropriate trauma service [support] area,
136-14 the cost of supplies, operational expenses, education and
136-15 training, equipment, vehicles, and communications systems for local
136-16 emergency medical services. The money shall be distributed on
136-17 behalf of eligible recipients in each county to the trauma service
136-18 area regional advisory council for that county, if the regional
136-19 advisory council is incorporated as an entity that is exempt from
136-20 federal income tax under Section 501(a), Internal Revenue Code of
136-21 1986, and its subsequent amendments, by being listed as an exempt
136-22 organization under Section 501(c)(3) of the code. For a county for
136-23 which the regional advisory council is not incorporated as such an
136-24 entity, the money shall be distributed to the county [to counties]
136-25 on behalf of eligible recipients. The [A county's] share of the
136-26 money allocated to the eligible recipients in a county's geographic
136-27 area shall be based on the relative geographic size and population
137-1 of the county and on the relative number of emergency or trauma
137-2 care runs performed by eligible recipients in the county. Money
137-3 that is not disbursed by a regional advisory council or a county
137-4 to eligible recipients for approved functions by the end of the
137-5 fiscal year in which the funds were disbursed [to the county] shall
137-6 be returned to the fund to be used in accordance with Subsection
137-7 (f).
137-8 (d) In any fiscal year, the commissioner may use not more
137-9 than 25 percent of the appropriated money remaining in the
137-10 emergency medical services and trauma care system fund, after any
137-11 amount necessary to maintain the reserve established by Subsection
137-12 (b) is deducted, for operation of the 22 trauma service [support]
137-13 areas and for equipment, communications, and education and training
137-14 for the areas. Money distributed under this subsection shall be
137-15 distributed on behalf of eligible recipients in each county to the
137-16 trauma service area regional advisory council for that county, if
137-17 the regional advisory council is incorporated as an entity that is
137-18 exempt from federal income tax under Section 501(a), Internal
137-19 Revenue Code of 1986, and its subsequent amendments, by being
137-20 listed as an exempt organization under Section 501(c)(3) of the
137-21 code. For a county for which the regional advisory council is not
137-22 incorporated as such an entity, the money shall be distributed to
137-23 the county in which the chairperson of an area's regional advisory
137-24 council sits on behalf of eligible recipients. A regional advisory
137-25 council's share of money distributed under this section shall be
137-26 based on the relative geographic size and population of each trauma
137-27 service [support] area and on the relative amount of trauma care
138-1 provided. Money that is not disbursed by a regional advisory
138-2 council or county to eligible recipients for approved functions by
138-3 the end of the fiscal year in which the funds were disbursed [to
138-4 the county] shall be returned to the fund to be used in accordance
138-5 with Subsection (f).
138-6 (f) In any fiscal year, the commissioner shall use at least
138-7 two percent of the appropriated money remaining in the emergency
138-8 medical services and trauma care system fund after any amount
138-9 necessary to maintain the reserve established by Subsection (b) is
138-10 deducted and the money in the fund not otherwise distributed under
138-11 this section to fund a portion of the uncompensated trauma care
138-12 provided at facilities designated as state trauma facilities by the
138-13 department. A regional advisory council chairperson may petition
138-14 the department for disbursement of funds to a trauma center in the
138-15 chairperson's trauma service [support] area that has suffered
138-16 deleterious effects due to uncompensated trauma care. Funds may be
138-17 disbursed under this subsection based on a proportionate share of
138-18 uncompensated trauma care provided in the state and may be used to
138-19 fund innovative projects to enhance the delivery of patient care in
138-20 the overall emergency medical services and trauma care system.
138-21 SECTION 19.08. Sections 773.123(a) and (b), Health and
138-22 Safety Code, are amended to read as follows:
138-23 (a) Except as provided by Subsection (b), money distributed
138-24 from the emergency medical services and trauma care system fund
138-25 shall be used in accordance with Section 773.122 on the
138-26 authorization of:
138-27 (1) the executive committee of the trauma service area
139-1 regional advisory council, in those regions where the money is
139-2 distributed on behalf of eligible recipients to the regional
139-3 advisory council; and
139-4 (2) the chief executive of the county to which the
139-5 money is disbursed on vouchers issued by the county's treasurer.
139-6 (b) In a county with a population of 291,000 or more for
139-7 which[,] money distributed from the emergency medical services and
139-8 trauma care system fund is not distributed to a trauma service area
139-9 regional advisory council, the money shall be used in accordance
139-10 with Section 773.122 on the joint authorization of the chief
139-11 executive of the county to which the money is disbursed and the
139-12 mayor of the principal municipality in that county on vouchers
139-13 issued by the county's treasurer.
139-14 SECTION 19.09. Section 773.124, Health and Safety Code, is
139-15 amended to read as follows:
139-16 Sec. 773.124. LOSS OF FUNDING ELIGIBILITY. For a period of
139-17 not less than one year or more than three years, as determined by
139-18 the department, the department may not disburse money under Section
139-19 773.122 to a trauma service area regional advisory council, county,
139-20 municipality, or local recipient that the department finds used
139-21 money in violation of that section.
139-22 SECTION 19.10. Chapter 773, Health and Safety Code, is
139-23 amended by adding Subchapter F to read as follows:
139-24 SUBCHAPTER F. MEDICAL INFORMATION PROVIDED BY CERTAIN
139-25 EMERGENCY MEDICAL SERVICES OPERATORS
139-26 Sec. 773.141. DEFINITIONS. In this subchapter:
139-27 (1) "Emergency call" means a telephone call or other
140-1 similar communication from a member of the public, as part of a
140-2 9-1-1 system or otherwise, made to obtain emergency medical
140-3 services.
140-4 (2) "Emergency medical services operator" means a
140-5 person who, as a volunteer or employee of a public agency, as that
140-6 term is defined by Section 771.001, receives emergency calls.
140-7 Sec. 773.142. APPLICATION OF SUBCHAPTER. This subchapter
140-8 does not apply to a physician or other licensed person who may
140-9 provide medical information under law.
140-10 Sec. 773.143. PROVISION OF MEDICAL INFORMATION. An
140-11 emergency medical services operator may provide medical information
140-12 to a member of the public during an emergency call if:
140-13 (1) the operator has successfully completed an
140-14 emergency medical services operator training program and holds a
140-15 certificate issued under Section 773.144; and
140-16 (2) the information provided substantially conforms to
140-17 the protocol for delivery of the information adopted by the board
140-18 under Section 773.145.
140-19 Sec. 773.144. TRAINING PROGRAMS. (a) The department may
140-20 offer emergency medical services operator training programs and may
140-21 approve training programs offered by other persons. The board by
140-22 rule shall establish minimum standards for approval of training
140-23 programs and certification and decertification of program
140-24 instructors.
140-25 (b) The provider of an emergency medical services operator
140-26 training program shall issue an emergency medical services operator
140-27 a certificate evidencing completion of the training program. The
141-1 board by rule may require that, before issuance of the certificate,
141-2 the operator successfully complete an examination administered by
141-3 the board, by the provider of the training program, or by another
141-4 person.
141-5 (c) The board by rule may provide that a certificate issued
141-6 under Subsection (b) expires at the end of a specified period not
141-7 less than one year after the date on which the certificate is
141-8 issued and may adopt requirements, including additional training or
141-9 examination, for renewal of the certificate.
141-10 (d) The board by rule may adopt other requirements relating
141-11 to emergency medical services operator training programs. The
141-12 establishment of minimum standards under this section does not
141-13 prohibit the entity that is employing or accepting the volunteer
141-14 services of the emergency medical services operator from imposing
141-15 additional training standards or procedures.
141-16 Sec. 773.145. MEDICAL INFORMATION. The board by rule shall
141-17 adopt a protocol that must be used to provide medical information
141-18 under Section 773.143. The protocol may include the use of a
141-19 flash-card system or other similar system designed to make the
141-20 information readily accessible to the emergency medical services
141-21 operator in an understandable form.
141-22 Sec. 773.146. LIMITATION ON CIVIL LIABILITY. (a) An
141-23 emergency medical services operator who holds a certificate under
141-24 Section 773.144 is not liable for damages that arise from the
141-25 provision of medical information according to the protocol adopted
141-26 under Section 773.145 if the information is provided in good faith.
141-27 This subsection does not apply to an act or omission of the
142-1 operator that constitutes gross negligence, recklessness, or
142-2 intentional misconduct. This subsection does not affect any
142-3 liability imposed on a public agency for the conduct of the
142-4 emergency medical services operator under Section 101.062, Civil
142-5 Practice and Remedies Code.
142-6 (b) Section 101.062, Civil Practice and Remedies Code,
142-7 governs the liability of a public agency the employees or
142-8 volunteers of which provide medical information under this
142-9 subchapter.
142-10 Sec. 773.147. FEES. (a) The board by rule may adopt fees
142-11 for:
142-12 (1) training programs provided by the board under
142-13 Section 773.144; and
142-14 (2) the approval of program instructors and of
142-15 training programs offered by other persons.
142-16 (b) The fees adopted under this section may not exceed the
142-17 amount necessary for the department to recover the cost of
142-18 administering this subchapter.
142-19 SECTION 19.11. The Texas Board of Health shall abolish any
142-20 advisory body created by rule to perform the functions assigned to
142-21 the advisory council created by Section 773.012, Health and Safety
142-22 Code, as added by this Act.
142-23 SECTION 19.12. The change in law made by this Act to
142-24 Sections 773.122, 773.123, and 773.124, Health and Safety Code,
142-25 applies only to distributions made from the emergency medical
142-26 services and trauma care system fund established under Section
142-27 773.121, Health and Safety Code, that are made on or after that
143-1 date. Distributions from the fund that are made before the
143-2 effective date of this Act are governed by the law as it existed
143-3 immediately before that date, and that law is continued in effect
143-4 for that purpose.
143-5 SECTION 19.13. (a) Subchapter F, Chapter 773, Health and
143-6 Safety Code, as added by this Act, applies only to the provision of
143-7 medical information by an emergency medical services operator, as
143-8 that term is defined by Section 773.141, Health and Safety Code, as
143-9 added by this Act, on or after January 1, 2000. The provision of
143-10 medical information before January 1, 2000, is governed by the law
143-11 as it existed immediately before the effective date of this Act,
143-12 and that law is continued in effect for that purpose.
143-13 (b) The Texas Board of Health shall adopt rules necessary
143-14 for the implementation of Subchapter F, Chapter 773, Health and
143-15 Safety Code, as added by this Act, not later than December 1, 1999.
143-16 ARTICLE 20. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
143-17 REGULATION OF CERTAIN ASBESTOS-RELATED ACTIVITIES
143-18 SECTION 20.01. The Texas Asbestos Health Protection Act
143-19 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
143-20 adding Section 5A to read as follows:
143-21 Sec. 5A. PROVISIONAL LICENSE OR REGISTRATION. (a) The
143-22 department may provisionally license or register an applicant
143-23 currently licensed or registered in another jurisdiction who seeks
143-24 a license or registration in this state and who:
143-25 (1) has been licensed or registered in good standing
143-26 to perform the relevant asbestos-related activity for at least two
143-27 years in another jurisdiction, including a foreign country, that
144-1 has licensing or registration requirements substantially equivalent
144-2 to the requirements of this Act;
144-3 (2) has passed a national or other examination
144-4 recognized by the department relating to the relevant
144-5 asbestos-related activity, if the department requires an
144-6 examination under Subsection (h) of Section 10 of this Act to
144-7 obtain the license or registration required to perform that
144-8 activity; and
144-9 (3) is sponsored by a person licensed by the
144-10 department under this Act with whom the provisional license or
144-11 registration holder will practice during the time the person holds
144-12 a provisional license or registration.
144-13 (b) The department may waive the requirement of Subsection
144-14 (a)(3) for an applicant if the department determines that
144-15 compliance with that subsection would be a hardship to the
144-16 applicant.
144-17 (c) A provisional license or registration is valid until the
144-18 date the department approves or denies the provisional license or
144-19 registration holder's application for licensing or registration.
144-20 The department shall issue a license or registration under this Act
144-21 to the provisional license or registration holder if:
144-22 (1) the provisional license or registration holder is
144-23 eligible to be licensed or registered under Subsection (j) of
144-24 Section 12 of this Act; or
144-25 (2) the provisional license or registration holder
144-26 passes the part of the examination under Subsection (h) of Section
144-27 10 of this Act that relates to the applicant's knowledge and
145-1 understanding of the laws and rules relating to the performance of
145-2 the relevant asbestos-related activity in this state, if the
145-3 department requires an examination under Subsection (h) of Section
145-4 10 of this Act to obtain the license or registration required to
145-5 perform that activity, and:
145-6 (A) the department verifies that the provisional
145-7 license or registration holder meets the relevant academic and
145-8 experience requirements for the requested license or registration
145-9 under this Act; and
145-10 (B) the provisional license or registration
145-11 holder satisfies any other applicable licensing or registration
145-12 requirements under this Act.
145-13 (d) The department must approve or deny a provisional
145-14 license or registration holder's application for a license or
145-15 registration not later than the 180th day after the date the
145-16 provisional license or registration is issued. The department may
145-17 extend the 180-day period if the results of an examination have not
145-18 been received by the department before the end of that period.
145-19 (e) The department may establish a fee for a provisional
145-20 license or registration in an amount reasonable and necessary to
145-21 cover the cost of issuing the license or registration.
145-22 SECTION 20.02. Section 6, Texas Asbestos Health Protection
145-23 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
145-24 amending Subsections (a) and (f) and adding Subsections (g)-(k) to
145-25 read as follows:
145-26 (a) A license issued under this Act expires on the first
145-27 anniversary of its effective date, unless the license is renewed
146-1 for a one-year term as provided by this section. The department by
146-2 rule may adopt a system under which licenses expire on various
146-3 dates during the year. For the year in which the license
146-4 expiration date is changed, the department shall prorate license
146-5 fees on a monthly basis so that each license holder pays only that
146-6 portion of the license fee that is allocable to the number of
146-7 months during which the license is valid. On renewal of the license
146-8 on the new expiration date, the total license renewal fee is
146-9 payable.
146-10 (f) A licensee may request a replacement license certificate
146-11 on completion of an appropriate application. [The fee for
146-12 reissuance shall not exceed $50.]
146-13 (g) A person whose license has expired may not engage in
146-14 activities that require a license until the license has been
146-15 renewed.
146-16 (h) A person whose license has been expired for 90 days or
146-17 less may renew the license by paying to the department a renewal
146-18 fee that is equal to 1-1/2 times the normally required renewal fee.
146-19 (i) A person whose license has been expired for more than 90
146-20 days but less than one year may renew the license by paying to the
146-21 department a renewal fee that is equal to two times the normally
146-22 required renewal fee.
146-23 (j) A person whose license has been expired for one year or
146-24 more may not renew the license. The person may obtain a new
146-25 license by complying with the requirements and procedures,
146-26 including the examination requirements, for obtaining an original
146-27 license.
147-1 (k) A person who was licensed in this state, moved to
147-2 another state, and is currently licensed and has been in practice
147-3 in the other state for the two years preceding the date of
147-4 application may obtain a new license without reexamination. The
147-5 person must pay to the department a fee that is equal to two times
147-6 the normally required renewal fee for the license.
147-7 SECTION 20.03. Section 8, Texas Asbestos Health Protection
147-8 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
147-9 amending Subsection (a) and adding Subsection (g) to read as
147-10 follows:
147-11 (a) After notice to the licensee and an opportunity for a
147-12 hearing, the department shall [may] reprimand the licensee or
147-13 modify, suspend, suspend on an emergency basis, or revoke a license
147-14 under this Act if an act or omission of the licensee meets the
147-15 criteria prescribed by the board under Subsection (c) of this
147-16 section.
147-17 (g) The department may place on probation a person whose
147-18 license is suspended. If a suspension is probated, the department
147-19 may require the person:
147-20 (1) to report regularly to the department on matters
147-21 that are the basis of the probation;
147-22 (2) to limit practice to the areas prescribed by the
147-23 board; or
147-24 (3) to continue or review professional education until
147-25 the person attains a degree of skill satisfactory to the board in
147-26 those areas that are the basis of the probation.
147-27 SECTION 20.04. Section 9, Texas Asbestos Health Protection
148-1 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
148-2 amending Subsections (b) and (h) and adding Subsection (j) to read
148-3 as follows:
148-4 (b) An application for registration or renewal as an
148-5 asbestos worker must be made on a form provided by the department.
148-6 An application for registration [or reregistration] must be
148-7 accompanied by a nonrefundable fee set by the board in an amount
148-8 not to exceed $50.
148-9 (h) After notice to the registrant and an opportunity for a
148-10 hearing in accordance with Section 11 of this Act, the department
148-11 shall [may] reprimand any registered worker or suspend, suspend on
148-12 an emergency basis, [or] revoke, or refuse to renew any
148-13 registration if the worker:
148-14 (1) has fraudulently or deceptively assigned,
148-15 obtained, or attempted to assign or obtain a registration or
148-16 renewal; or
148-17 (2) fails to comply with federal, state, or local
148-18 asbestos law or rule or with any order issued by the board or
148-19 department.
148-20 (j) The department may place on probation a person whose
148-21 registration is suspended. If a suspension is probated, the
148-22 department may require the person:
148-23 (1) to report regularly to the department on matters
148-24 that are the basis of the probation;
148-25 (2) to limit practice to the areas prescribed by the
148-26 board; or
148-27 (3) to continue or review professional education until
149-1 the person attains a degree of skill satisfactory to the board in
149-2 those areas that are the basis of the probation.
149-3 SECTION 20.05. The Texas Asbestos Health Protection Act
149-4 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
149-5 adding Section 10A to read as follows:
149-6 Sec. 10A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
149-7 later than the 30th day after the date a person takes a licensing
149-8 or registration examination under this Act, the department shall
149-9 notify the person of the results of the examination.
149-10 (b) If the examination is graded or reviewed by a testing
149-11 service:
149-12 (1) the department shall notify the person of the
149-13 results of the examination not later than the 14th day after the
149-14 date the department receives the results from the testing service;
149-15 and
149-16 (2) if notice of the examination results will be
149-17 delayed for longer than 90 days after the examination date, the
149-18 department shall notify the person of the reason for the delay
149-19 before the 90th day.
149-20 (c) The department may require a testing service to notify a
149-21 person of the results of the person's examination.
149-22 (d) If requested in writing by a person who fails a
149-23 licensing or registration examination administered under this Act,
149-24 the department shall furnish the person with an analysis of the
149-25 person's performance on the examination.
149-26 SECTION 20.06. The Texas Asbestos Health Protection Act
149-27 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
150-1 adding Section 12A to read as follows:
150-2 Sec. 12A. RULES REGARDING ADVERTISING OR COMPETITIVE
150-3 BIDDING. (a) The board may not adopt rules restricting
150-4 advertising or competitive bidding by a license or registration
150-5 holder except to prohibit false, misleading, or deceptive
150-6 practices.
150-7 (b) In its rules to prohibit false, misleading, or deceptive
150-8 practices, the board may not include a rule that:
150-9 (1) restricts the use of any medium for advertising;
150-10 (2) restricts the use of a license or registration
150-11 holder's personal appearance or voice in an advertisement;
150-12 (3) relates to the size or duration of an
150-13 advertisement by the license or registration holder; or
150-14 (4) restricts the license or registration holder's
150-15 advertisement under a trade name.
150-16 ARTICLE 21. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
150-17 REGULATION OF CERTAIN LEAD-BASED PAINT ACTIVITIES
150-18 SECTION 21.01. Chapter 332, Acts of the 74th Legislature,
150-19 Regular Session, 1995 (Article 9029, Vernon's Texas Civil
150-20 Statutes), is amended by adding Sections 3A and 3B to read as
150-21 follows:
150-22 Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
150-23 later than the 30th day after the date a person takes any
150-24 certification or accreditation examination under this Act, the
150-25 department shall notify the person of the results of the
150-26 examination.
150-27 (b) If an examination is graded or reviewed by a testing
151-1 service:
151-2 (1) the department shall notify the person of the
151-3 results of the examination not later than the 14th day after the
151-4 date the department receives the results from the testing service;
151-5 and
151-6 (2) if notice of the examination results will be
151-7 delayed for longer than 90 days after the examination date, the
151-8 department shall notify the person of the reason for the delay
151-9 before the 90th day.
151-10 (c) The department may require a testing service to notify a
151-11 person of the results of the person's examination.
151-12 (d) If requested in writing by a person who fails a
151-13 certification or accreditation examination administered under this
151-14 Act, the department shall furnish the person with an analysis of
151-15 the person's performance on the examination.
151-16 Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
151-17 (a) The Texas Board of Health may not adopt rules restricting
151-18 advertising or competitive bidding by a certified or accredited
151-19 person except to prohibit false, misleading, or deceptive
151-20 practices.
151-21 (b) In its rules to prohibit false, misleading, or deceptive
151-22 practices, the board may not include a rule that:
151-23 (1) restricts the use of any medium for advertising;
151-24 (2) restricts the use of a certified or accredited
151-25 person's personal appearance or voice in an advertisement;
151-26 (3) relates to the size or duration of an
151-27 advertisement by the certified or accredited person; or
152-1 (4) restricts the certified or accredited person's
152-2 advertisement under a trade name.
152-3 SECTION 21.02. Chapter 332, Acts of the 74th Legislature,
152-4 Regular Session, 1995 (Article 9029, Vernon's Texas Civil
152-5 Statutes), is amended by adding Sections 6A, 6B, and 6C to read as
152-6 follows:
152-7 Sec. 6A. EXPIRATION DATES OF CERTIFICATION OR ACCREDITATION.
152-8 The Texas Board of Health by rule may adopt a system under which
152-9 certifications or accreditations expire on various dates during the
152-10 year. For the year in which the expiration date is changed, the
152-11 department shall prorate certification or accreditation fees on a
152-12 monthly basis so that each certified or accredited person pays only
152-13 that portion of the certification or accreditation fee that is
152-14 allocable to the number of months during which the certification or
152-15 accreditation is valid. On renewal of the certification or
152-16 accreditation on the new expiration date, the total certification
152-17 or accreditation renewal fee is payable.
152-18 Sec. 6B. RENEWAL OF CERTIFICATION OR ACCREDITATION. (a) A
152-19 person who is otherwise eligible to renew a certification or
152-20 accreditation may renew an unexpired certification or accreditation
152-21 by paying the required renewal fee to the department before the
152-22 expiration date of the certification or accreditation. A person
152-23 whose certification or accreditation has expired may not engage in
152-24 activities that require certification or accreditation until the
152-25 certification or accreditation has been renewed.
152-26 (b) A person whose certification or accreditation has been
152-27 expired for 90 days or less may renew the certification or
153-1 accreditation by paying to the department a renewal fee that is
153-2 equal to 1-1/2 times the normally required renewal fee.
153-3 (c) A person whose certification or accreditation has been
153-4 expired for more than 90 days but less than one year may renew the
153-5 certification or accreditation by paying to the department a
153-6 renewal fee that is equal to two times the normally required
153-7 renewal fee.
153-8 (d) A person whose certification or accreditation has been
153-9 expired for one year or more may not renew the certification or
153-10 accreditation. The person may become recertified or reaccredited by
153-11 complying with the requirements and procedures, including any
153-12 examination requirements, for an original certification or
153-13 accreditation.
153-14 (e) A person who was certified or accredited in this state,
153-15 moved to another state, and is currently certified or accredited
153-16 and has been in practice in the other state for the two years
153-17 preceding the date of application may become recertified or
153-18 reaccredited without reexamination. The person must pay to the
153-19 department a fee that is equal to two times the normally required
153-20 renewal fee for certification or accreditation.
153-21 (f) Not later than the 30th day before the date a person's
153-22 certification or accreditation is scheduled to expire, the
153-23 department shall send written notice of the impending expiration to
153-24 the person at the person's last known address according to the
153-25 records of the department.
153-26 Sec. 6C. DISCIPLINARY ACTIONS. (a) The department shall
153-27 revoke, suspend, or refuse to renew a certification or
154-1 accreditation or shall reprimand a certified or accredited person
154-2 for a violation of this Act or a rule of the board.
154-3 (b) The board may place on probation a person whose
154-4 certification or accreditation is suspended. If a suspension is
154-5 probated, the board may require the person:
154-6 (1) to report regularly to the department on matters
154-7 that are the basis of the probation;
154-8 (2) to limit practice to the areas prescribed by the
154-9 board; or
154-10 (3) to continue or review professional education until
154-11 the person attains a degree of skill satisfactory to the board in
154-12 those areas that are the basis of the probation.
154-13 ARTICLE 22. CERTAIN PROVISIONS RELATING TO ABORTION FACILITIES
154-14 SECTION 22.01. Section 245.004, Health and Safety Code, is
154-15 amended to read as follows:
154-16 Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a)
154-17 The following facilities need not be licensed under this chapter:
154-18 (1) a hospital licensed under Chapter 241 (Texas
154-19 Hospital Licensing Law); or
154-20 (2) the office of a physician licensed under the
154-21 Medical Practice Act (Article 4495b, Vernon's Texas Civil
154-22 Statutes), unless the office is used [primarily] for the purpose of
154-23 performing more than 300 abortions in any 12-month period.
154-24 (b) In computing the number of abortions performed in the
154-25 office of a physician under Subsection (a)(2), an abortion
154-26 performed in accordance with Section 245.016 is not included.
154-27 SECTION 22.02. Section 245.014(b), Health and Safety Code,
155-1 is amended to read as follows:
155-2 (b) An offense under this section is a Class A [C]
155-3 misdemeanor.
155-4 SECTION 22.03. Section 245.016, Health and Safety Code, is
155-5 amended to read as follows:
155-6 Sec. 245.016. ABORTION IN UNLICENSED ABORTION FACILITY TO
155-7 PREVENT DEATH OR SERIOUS IMPAIRMENT. This chapter does not remove
155-8 the responsibility or limit the ability of a physician to perform
155-9 an abortion in an unlicensed abortion facility if, at the
155-10 commencement of the abortion, the physician reasonably believes
155-11 that the abortion is necessary to prevent the death of the patient
155-12 or to prevent serious impairment of the patient's physical health
155-13 [or mental condition].
155-14 SECTION 22.04. The office of a physician that is exempt from
155-15 the licensing requirement of Chapter 245, Health and Safety Code,
155-16 under Section 245.004, Health and Safety Code, as it existed
155-17 immediately before the effective date of this Act, but that is
155-18 required to be licensed under Section 245.004, Health and Safety
155-19 Code, as amended by this Act, is not required to be licensed before
155-20 January 1, 2000.
155-21 SECTION 22.05. (a) The change in law made by this article to
155-22 Section 245.014, Health and Safety Code, applies only to the
155-23 punishment for an offense committed on or after the effective date
155-24 of this Act. For purposes of this section, an offense is committed
155-25 before the effective date of this Act if any element of the offense
155-26 occurs before the effective date.
155-27 (b) An offense committed before the effective date of this
156-1 Act is covered by the law in effect when the offense was committed,
156-2 and the former law is continued in effect for that purpose.
156-3 SECTION 22.06. (a) The change in law made by Section
156-4 245.016, Health and Safety Code, as amended by this article,
156-5 applies only to the punishment for an offense committed on or after
156-6 the effective date of this Act. For purposes of this section, an
156-7 offense is committed before the effective date of this Act if any
156-8 element of the offense occurs before the effective date.
156-9 (b) An offense committed before the effective date of this
156-10 Act is covered by the law in effect when the offense was committed,
156-11 and the former law is continued in effect for that purpose.
156-12 ARTICLE 23. CERTAIN PROVISIONS RELATING TO CANCER REGISTRIES
156-13 SECTION 23.01. Section 82.008(e), Health and Safety Code, is
156-14 amended to read as follows:
156-15 (e) The data required to be furnished under this section may
156-16 also be furnished only to:
156-17 (1) cancer registries of hospitals; and
156-18 (2) cancer registries of cancer treatment centers.
156-19 SECTION 23.02. Section 82.009(d), Health and Safety Code, is
156-20 amended to read as follows:
156-21 (d) Data furnished to a hospital cancer registry or a cancer
156-22 treatment center cancer registry under Section 82.008(e) is for the
156-23 confidential use of the hospital cancer registry or the cancer
156-24 treatment center cancer registry, as applicable, and is subject to
156-25 Subsection (a).
156-26 SECTION 23.03. Section 161.021(a), Health and Safety Code,
156-27 is amended to read as follows:
157-1 (a) Unless prohibited by other law, a person, including a
157-2 hospital, sanatorium, nursing home, rest home, medical society,
157-3 cancer registry, or other organization, may provide interviews,
157-4 reports, statements, memoranda, or other information relating to
157-5 the condition and treatment of any person, to be used in a study to
157-6 reduce morbidity or mortality or to identify persons who may need
157-7 immunization, to:
157-8 (1) the department;
157-9 (2) a person that makes inquiries under immunization
157-10 surveys conducted for the department;
157-11 (3) a medical organization;
157-12 (4) a hospital;
157-13 (5) a hospital committee; or
157-14 (6) a cancer registry, including a cancer registry of
157-15 a cancer treatment center as defined by Section 82.002.
157-16 ARTICLE 24. CERTAIN EDUCATION PROGRAMS FOR MINORS
157-17 SECTION 24.01. Section 85.007, Health and Safety Code, is
157-18 amended by adding Subsection (c) to read as follows:
157-19 (c) In addition, the materials in the education program
157-20 intended for persons younger than 18 years of age must:
157-21 (1) teach that sexual activity before marriage is
157-22 likely to have harmful psychological and physical consequences;
157-23 (2) teach adolescents ways to recognize and respond to
157-24 unwanted physical and verbal sexual advances;
157-25 (3) teach that the use of alcohol or drugs increases a
157-26 person's vulnerability to unwanted sexual advances; and
157-27 (4) emphasize the importance of attaining
158-1 self-sufficiency before engaging in sexual activity.
158-2 ARTICLE 25. CERTAIN PROVISIONS RELATING TO THE PREVENTION OF
158-3 CARDIOVASCULAR DISEASE AND STROKE
158-4 SECTION 25.01. Subtitle D, Title 2, Health and Safety Code,
158-5 is amended by adding Chapter 93 to read as follows:
158-6 CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE
158-7 SUBCHAPTER A. GENERAL PROVISIONS
158-8 Sec. 93.001. DEFINITIONS. In this chapter:
158-9 (1) "Cardiovascular disease" means the group of
158-10 diseases that target the heart and blood vessels and that are the
158-11 result of complex interactions between multiple inherited traits
158-12 and environmental factors.
158-13 (2) "Council" means the Council on Cardiovascular
158-14 Disease and Stroke.
158-15 Sec. 93.002. APPOINTMENT OF COUNCIL; TERMS OF MEMBERS. (a)
158-16 The Council on Cardiovascular Disease and Stroke is composed of 12
158-17 members appointed by the board.
158-18 (b) Members of the council serve staggered six-year terms
158-19 with the terms of one-third of the members expiring February 1 of
158-20 each odd-numbered year.
158-21 Sec. 93.003. COMPENSATION; REIMBURSEMENT. (a) A member of
158-22 the council may not receive compensation for service on the council
158-23 and, except as provided by Subsection (b), may not be reimbursed
158-24 for travel expenses incurred while conducting the business of the
158-25 council.
158-26 (b) The commissioner may authorize reimbursement of the
158-27 travel expenses incurred by a member while conducting the business
159-1 of the council, as provided in the General Appropriations Act, if
159-2 the commissioner finds on application of the member that travel for
159-3 council business imposes a financial hardship on the member.
159-4 Sec. 93.004. DUTIES OF DEPARTMENT; FUNDS. The department
159-5 shall accept funds appropriated for the purposes of this chapter
159-6 and shall allocate those funds. The council shall make
159-7 recommendations to the department concerning the allocation of
159-8 funds.
159-9 Sec. 93.005. CONSULTANTS; ADVISORY COMMITTEE. To advise and
159-10 assist the council with respect to the council's duties under this
159-11 chapter, the council may appoint one or more:
159-12 (1) consultants to the council; or
159-13 (2) advisory committees under Chapter 2110, Government
159-14 Code.
159-15 Sec. 93.006. REPORT TO BOARD AND LEGISLATURE. (a) Not
159-16 later than January 15 of each year, the council shall report to the
159-17 board on the activities of the council in the preceding calendar
159-18 year.
159-19 (b) Not later than January 15 of each odd-numbered year, the
159-20 council shall report to the lieutenant governor and the speaker of
159-21 the house of representatives on the activities of the council in
159-22 the preceding two calendar years.
159-23 (Sections 93.007-93.050 reserved for expansion
159-24 SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL
159-25 Sec. 93.051. CARDIOVASCULAR DISEASE AND STROKE PREVENTION
159-26 PLAN; DUTIES OF COUNCIL. The council shall develop an effective
159-27 and resource-efficient plan to reduce the morbidity, mortality, and
160-1 economic burden of cardiovascular disease and stroke in this state.
160-2 The council shall:
160-3 (1) conduct health education, public awareness, and
160-4 community outreach activities that relate to cardiovascular disease
160-5 and stroke;
160-6 (2) promote, enhance, and coordinate health
160-7 education, public awareness, and community outreach activities that
160-8 relate to cardiovascular disease and stroke and that are provided
160-9 by private and other public organizations;
160-10 (3) coordinate activities with other entities that are
160-11 concerned with medical conditions that are similar to
160-12 cardiovascular disease and stroke or that have similar risk
160-13 factors;
160-14 (4) identify to health care providers, employers,
160-15 schools, community health centers, and other groups the benefits of
160-16 encouraging treatment, prevention, and public awareness of
160-17 cardiovascular disease and stroke and recognize innovative and
160-18 effective programs that achieve the objectives of improved
160-19 treatment, prevention, and public awareness;
160-20 (5) provide guidance regarding the roles and
160-21 responsibilities of government agencies, health care providers,
160-22 employers, third-party payers, patients, and families of patients
160-23 in the treatment, prevention, and public awareness of
160-24 cardiovascular disease and stroke;
160-25 (6) improve access to treatment for and prevention of
160-26 cardiovascular disease and stroke through public awareness
160-27 programs, including access for uninsured individuals and
161-1 individuals living in rural or underserved areas;
161-2 (7) assist communities to develop comprehensive local
161-3 cardiovascular disease and stroke prevention programs;
161-4 (8) assist the Texas Education Agency and local school
161-5 districts to promote a public school curriculum that includes
161-6 physical, nutritional, and health education relating to
161-7 cardiovascular disease and stroke prevention; and
161-8 (9) evaluate and enhance the implementation and
161-9 effectiveness of the program developed under this chapter.
161-10 Sec. 93.052. DATABASE OF CLINICAL RESOURCES. The council
161-11 shall review available clinical resources and shall develop a
161-12 database of recommendations for appropriate care and treatment of
161-13 patients with cardiovascular disease or who have suffered from or
161-14 are at risk for stroke. The council shall make the database
161-15 accessible to the public.
161-16 Sec. 93.053. CARDIOVASCULAR DISEASE AND STROKE DATABASE.
161-17 (a) The council shall collect and analyze information related to
161-18 cardiovascular disease and stroke at the state and regional level
161-19 and, to the extent feasible, at the local level. The council shall
161-20 obtain the information from federal and state agencies and from
161-21 private and public organizations. The council shall maintain a
161-22 database of this information.
161-23 (b) The database may include:
161-24 (1) information related to behavioral risk factors
161-25 identified for cardiovascular disease and stroke;
161-26 (2) morbidity and mortality rates for cardiovascular
161-27 disease and stroke; and
162-1 (3) community indicators relevant to cardiovascular
162-2 disease and stroke.
162-3 (c) In compiling the database, the council may use
162-4 information available from other sources, such as the Behavioral
162-5 Risk Factor Surveillance System established by the Centers for
162-6 Disease Control and Prevention, reports of hospital discharge data,
162-7 and information included in death certificates.
162-8 Sec. 93.054. INFORMATION RECEIVED FROM ANOTHER STATE AGENCY;
162-9 CONFIDENTIALITY. (a) To perform its duties under this chapter,
162-10 the council may request and receive information in the possession
162-11 of any state agency. In addition to the restriction imposed by
162-12 Subsection (b), information provided to the council under this
162-13 subsection is subject to any restriction on disclosure or use of
162-14 the information that is imposed by law on the agency from which the
162-15 council obtained the information.
162-16 (b) Information in the possession of the council that
162-17 identifies a patient or that is otherwise confidential under law is
162-18 confidential, is excepted from required public disclosure under
162-19 Chapter 552, Government Code, and may not be disclosed for any
162-20 purpose.
162-21 SECTION 25.02. In appointing the initial members of the
162-22 Council on Cardiovascular Disease and Stroke, the Texas Board of
162-23 Health shall appoint four persons to terms expiring February 1,
162-24 2001; four to terms expiring February 1, 2003; and four to terms
162-25 expiring February 1, 2005.
162-26 ARTICLE 26. BLOODBORNE PATHOGEN CONTROL
162-27 SECTION 26.01. Chapter 81, Health and Safety Code, is
163-1 amended by adding Subchapter H to read as follows:
163-2 SUBCHAPTER H. BLOODBORNE PATHOGEN EXPOSURE CONTROL PLAN
163-3 Sec. 81.301. DEFINITIONS. In this subchapter:
163-4 (1) "Bloodborne pathogens" means pathogenic
163-5 microorganisms that are present in human blood and that can cause
163-6 diseases in humans. The term includes hepatitis B virus, hepatitis
163-7 C virus, and human immunodeficiency virus.
163-8 (2) "Engineered sharps injury protection" means:
163-9 (A) a physical attribute that is built into a
163-10 needle device used for withdrawing body fluids, accessing a vein or
163-11 artery, or administering medications or other fluids and that
163-12 effectively reduces the risk of an exposure incident by a
163-13 mechanism such as barrier creation, blunting, encapsulation,
163-14 withdrawal, retraction, destruction, or another effective
163-15 mechanism; or
163-16 (B) a physical attribute built into any other
163-17 type of needle device, into a nonneedle sharp, or into a nonneedle
163-18 infusion safety securement device that effectively reduces the risk
163-19 of an exposure incident.
163-20 (3) "Governmental unit" means:
163-21 (A) this state and any agency of the state,
163-22 including a department, bureau, board, commission, or office;
163-23 (B) a political subdivision of this state,
163-24 including any municipality, county, or special district; and
163-25 (C) any other institution of government,
163-26 including an institution of higher education.
163-27 (4) "Needleless system" means a device that does not
164-1 use a needle and that is used:
164-2 (A) to withdraw body fluids after initial venous
164-3 or arterial access is established;
164-4 (B) to administer medication or fluids; or
164-5 (C) for any other procedure involving the
164-6 potential for an exposure incident.
164-7 (5) "Sharp" means an object used or encountered in a
164-8 health care setting that can be reasonably anticipated to penetrate
164-9 the skin or any other part of the body and to result in an exposure
164-10 incident, including a needle device, a scalpel, a lancet, a piece
164-11 of broken glass, a broken capillary tube, an exposed end of a
164-12 dental wire, or a dental knife, drill, or bur.
164-13 (6) "Sharps injury" means any injury caused by a
164-14 sharp, including a cut, abrasion, or needlestick.
164-15 Sec. 81.302. APPLICABILITY OF SUBCHAPTER. This subchapter
164-16 applies only to a governmental unit that employs employees who:
164-17 (1) provide services in a public or private facility
164-18 providing health care-related services, including a home health
164-19 care organization; or
164-20 (2) otherwise have a risk of exposure to blood or
164-21 other material potentially containing bloodborne pathogens in
164-22 connection with exposure to sharps.
164-23 Sec. 81.303. EXPOSURE CONTROL PLAN. The department shall
164-24 establish an exposure control plan designed to minimize exposure of
164-25 employees described by Section 81.302 to bloodborne pathogens. In
164-26 developing the plan, the department must consider:
164-27 (1) policies relating to occupational exposure to
165-1 bloodborne pathogens;
165-2 (2) training and educational requirements for
165-3 employees;
165-4 (3) measures to increase vaccinations of employees;
165-5 and
165-6 (4) increased use of personal protective equipment by
165-7 employees.
165-8 Sec. 81.304. MINIMUM STANDARDS. The board by rule shall
165-9 adopt minimum standards to implement the exposure control plan and
165-10 the other provisions of this subchapter. The rules shall be
165-11 analogous to standards adopted by the federal Occupational Safety
165-12 and Health Administration. Each governmental unit shall comply with
165-13 the minimum standards adopted under this subchapter.
165-14 Sec. 81.305. NEEDLELESS SYSTEMS. (a) The board by rule
165-15 shall recommend that governmental units implement needleless
165-16 systems and sharps with engineered sharps injury protection for
165-17 employees.
165-18 (b) The recommendation adopted under Subsection (a) does not
165-19 apply to the use of a needleless system or sharps with engineered
165-20 sharps injury protection in circumstances and in a year in which an
165-21 evaluation committee has established that the use of needleless
165-22 systems and sharps with engineered sharps injury protection will
165-23 jeopardize patient or employee safety with regard to a specific
165-24 medical procedure or will be unduly burdensome. A report of the
165-25 committee's decision shall be submitted to the department annually.
165-26 (c) At least half of the members of an evaluation committee
165-27 established by a governmental unit to implement Subsection (b) must
166-1 be employees who are health care workers who have direct contact
166-2 with patients or provide services on a regular basis.
166-3 (d) The rules adopted under Subsection (a) may not prohibit
166-4 the use of a prefilled syringe that is approved by the federal Food
166-5 and Drug Administration. This subsection expires May 1, 2003.
166-6 Sec. 81.306. SHARPS INJURY LOG. (a) The board by rule
166-7 shall require that information concerning exposure incidents be
166-8 recorded in a written or electronic sharps injury log to be
166-9 maintained by a governmental unit. This information must be
166-10 reported to the department and must include:
166-11 (1) the date and time of the exposure incident;
166-12 (2) the type and brand of sharp involved in the
166-13 exposure incident; and
166-14 (3) a description of the exposure incident, including:
166-15 (A) the job classification or title of the
166-16 exposed employee;
166-17 (B) the department or work area where the
166-18 exposure incident occurred;
166-19 (C) the procedure that the exposed employee was
166-20 performing at the time of the incident;
166-21 (D) how the incident occurred;
166-22 (E) the employee's body part that was involved
166-23 in the exposure incident; and
166-24 (F) whether the sharp had engineered sharps
166-25 injury protection and, if so, whether the protective mechanism was
166-26 activated and whether the injury occurred before, during, or after
166-27 the activation of the protective mechanism.
167-1 (b) Information regarding which recommendations under
167-2 Section 81.305(a) were adopted by the governmental entity shall be
167-3 included in the log.
167-4 (c) All information and materials obtained or compiled by
167-5 the department in connection with a report under this section are
167-6 confidential and not subject to disclosure under Chapter 552,
167-7 Government Code, and not subject to disclosure, discovery,
167-8 subpoena, or other means of legal compulsion for their release by
167-9 the department. The department shall make available, in aggregate
167-10 form, the information described in Section 81.305(b) and this
167-11 section, provided that the name and other information identifying
167-12 the facility is deleted and the information is provided according
167-13 to public health regions established by the department.
167-14 Sec. 81.307. DEVICE REGISTRATION. (a) The department, in
167-15 accordance with rules adopted by the board, shall implement a
167-16 registration program for existing needleless systems and sharps
167-17 with engineered sharps injury protection.
167-18 (b) The department shall compile and maintain a list of
167-19 existing needleless systems and sharps with engineered sharps
167-20 injury protection that are available in the commercial marketplace
167-21 and registered with the department to assist governmental units to
167-22 comply with this subchapter.
167-23 (c) The department shall charge a fee to register a device
167-24 in an amount established by the board. The fees collected under
167-25 this section may be appropriated only to the department to
167-26 implement this subchapter.
167-27 SECTION 26.02. (a) The Texas Board of Health shall adopt
168-1 the exposure control plan and the rules required by Subchapter H,
168-2 Chapter 81, Health and Safety Code, as added by this Act, not later
168-3 than September 1, 2000.
168-4 (b) Except as provided by Subsection (c) of this section, a
168-5 governmental unit, as defined by Subdivision (3), Section 81.301,
168-6 Health and Safety Code, as added by this Act, shall comply with
168-7 Subchapter H, Chapter 81, Health and Safety Code, as added by this
168-8 Act, not later than January 1, 2001.
168-9 (c) The Texas Department of Health may, in accordance with
168-10 rules adopted by the Texas Board of Health, waive the application
168-11 of Subchapter H, Chapter 81, Health and Safety Code, as added by
168-12 this Act, to a rural county if the department finds that the
168-13 application of the subchapter to the county would be unduly
168-14 burdensome. A waiver granted under this subsection expires
168-15 December 31, 2001. For purposes of this subsection, "rural county"
168-16 means a county that:
168-17 (1) has a population of 50,000 or less; or
168-18 (2) has a population of more than 50,000 but:
168-19 (A) does not have located within the county a
168-20 general or special hospital licensed under Chapter 241, Health and
168-21 Safety Code, with more than 100 beds; and
168-22 (B) was not, based on the 1990 federal census,
168-23 completely included within an area designated as urbanized by the
168-24 Bureau of the Census of the United States Department of Commerce.
168-25 SECTION 26.03. In adopting the initial rules establishing
168-26 the duties of an evaluation committee under Subsection (c), Section
168-27 81.305, Health and Safety Code, as added by this Act, the Texas
169-1 Board of Health shall consider the duties of similar committees in
169-2 existence on the effective date of this Act.
169-3 ARTICLE 27. EFFECTIVE DATE; EMERGENCY
169-4 SECTION 27.01. This Act takes effect September 1, 1999.
169-5 SECTION 27.02. The importance of this legislation and the
169-6 crowded condition of the calendars in both houses create an
169-7 emergency and an imperative public necessity that the
169-8 constitutional rule requiring bills to be read on three several
169-9 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2085 was passed by the House on March
25, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2085 on May 10, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2085 on May 27, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2085 was passed by the Senate, with
amendments, on May 7, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2085 on May 29, 1999,
by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor