76R9548 E
By McCall H.B. No. 2085
Substitute the following for H.B. No. 2085:
By Gray C.S.H.B. No. 2085
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Board and
1-3 Department of Health, including the operation of certain boards and
1-4 councils administratively attached to the department; providing
1-5 administrative 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 or 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 lieutenant governor, speaker of the house of representatives,
2-11 Legislative Budget Board, and the committees of the senate and the
2-12 house of representatives that have oversight responsibilities
2-13 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) acute care services for which the department
2-21 is responsible;
2-22 (E) health care facility regulation for which
2-23 the department is responsible;
2-24 (F) the licensing of health professions for
2-25 which the department is responsible; and
2-26 (G) all other health-related services for which
2-27 the department is responsible under law;
3-1 (2) an analysis regarding how each of the department's
3-2 missions relate to other department missions;
3-3 (3) a detailed analysis of how to integrate or
3-4 continue to integrate department programs with other department
3-5 programs, including the integration of information gathering and
3-6 information management within and across programs, for the purpose
3-7 of minimizing duplication of effort, increasing administrative
3-8 efficiency, simplifying access to department programs, and more
3-9 efficiently meeting the health needs of this state;
3-10 (4) a detailed proposal to integrate or continue to
3-11 integrate department programs with other department programs during
3-12 the two-year period covered by the plan, to the extent allowed by
3-13 law and in accordance with the department's analysis;
3-14 (5) a determination regarding whether it is necessary
3-15 to collect each type of information that the department collects,
3-16 and for each type of information that it is necessary for the
3-17 department to collect, whether the department is efficiently and
3-18 effectively collecting, analyzing, and disseminating the
3-19 information;
3-20 (6) an assessment of services provided by the
3-21 department that evaluates the need for the department to provide
3-22 those services in the future;
3-23 (7) a method for soliciting the advice and opinions of
3-24 local health departments, of recipients and providers of services
3-25 that are related to the department's missions, and of advocates for
3-26 recipients or providers for the purpose of identifying and
3-27 assessing:
4-1 (A) the health-related needs of the state;
4-2 (B) ways in which the department's programs and
4-3 information services can be better integrated and coordinated; and
4-4 (C) factors that the department should consider
4-5 before adopting rules that affect recipients or providers of
4-6 services that are related to the department's missions;
4-7 (8) a comprehensive inventory of health-related
4-8 information resources that meet department criteria for usefulness
4-9 and applicability to local health departments, to recipients or
4-10 providers of services that are related to the department's
4-11 missions, and to nonprofit entities, private businesses, and
4-12 community groups with missions that are related to health;
4-13 (9) a statement regarding the ways in which the
4-14 department will coordinate or attempt to coordinate with federal,
4-15 state, local, and private programs that provide services similar to
4-16 the services provided by the department;
4-17 (10) a list of other plans that the department is
4-18 required to prepare under state law and a recommendation regarding
4-19 which plans are obsolete or duplicate other required department
4-20 plans; and
4-21 (11) an assessment of the extent to which previous
4-22 plans prepared by the department under this section have
4-23 effectively helped the department to identify and achieve its
4-24 objectives, to improve its operations, or to guide persons who need
4-25 to identify department services, identify department requirements,
4-26 or communicate effectively with department personnel.
4-27 SECTION 1.04. Chapter 11, Health and Safety Code, is amended
5-1 by adding Section 11.0055 to read as follows:
5-2 Sec. 11.0055. REQUIRED BOARD MEMBER TRAINING. (a) A person
5-3 who is appointed to and qualifies for office as a member of the
5-4 board may not vote, deliberate, or be counted as a member in
5-5 attendance at a meeting of the board until the person completes a
5-6 training program that complies with this section.
5-7 (b) The training program must provide the person with
5-8 information regarding:
5-9 (1) the legislation that created the department and
5-10 the board;
5-11 (2) the programs operated by the department;
5-12 (3) the role and functions of the department;
5-13 (4) the rules of the department with an emphasis on
5-14 the rules that relate to disciplinary and investigatory authority;
5-15 (5) the current budget for the department;
5-16 (6) the results of the most recent formal audit of the
5-17 department;
5-18 (7) the requirements of:
5-19 (A) the open meetings law, Chapter 551,
5-20 Government Code;
5-21 (B) the public information law, Chapter 552,
5-22 Government Code;
5-23 (C) the administrative procedure law, Chapter
5-24 2001, Government Code; and
5-25 (D) other laws relating to public officials,
5-26 including conflict-of-interest laws; and
5-27 (8) any applicable ethics policies adopted by the
6-1 department or the Texas Ethics Commission.
6-2 (c) A person appointed to the board is entitled to
6-3 reimbursement, as provided by the General Appropriations Act, for
6-4 the travel expenses incurred in attending the training program
6-5 regardless of whether the attendance at the program occurs before
6-6 or after the person qualifies for office.
6-7 SECTION 1.05. Section 11.006(a), Health and Safety Code, is
6-8 amended to read as follows:
6-9 (a) A person is not eligible for appointment as a public
6-10 member of the board if the person or the person's spouse:
6-11 (1) is employed by or participates in the management
6-12 of a business entity or other organization regulated by the
6-13 department or receiving funds from the department;
6-14 (2) is registered, certified, or licensed by the
6-15 department or by a regulatory board or other agency that is under
6-16 the jurisdiction of the department or administratively attached to
6-17 the department;
6-18 (3) owns, controls, or has, directly or indirectly,
6-19 more than a 10 percent interest in a business entity or other
6-20 organization regulated by the department or receiving funds from
6-21 the department; or
6-22 (4) [(3)] uses or receives a substantial amount of
6-23 tangible goods, services, or funds from the department other than
6-24 compensation or reimbursement authorized by law for board
6-25 membership, attendance, or expenses.
6-26 SECTION 1.06. SECTION 11.009(c), Health and Safety Code, is
6-27 amended to read as follows:
7-1 (c) If the commissioner has knowledge that a potential
7-2 ground for removal exists, the commissioner shall notify the
7-3 chairman of the board of the ground. The chairman shall then
7-4 notify the governor and the attorney general that a potential
7-5 ground for removal exists. If the potential ground for removal
7-6 involves the chairman, the commissioner shall notify the next
7-7 highest ranking officer of the board, who shall then notify the
7-8 governor and the attorney general that a potential ground for
7-9 removal exists.
7-10 SECTION 1.07. Section 11.018(d), Health and Safety Code, is
7-11 amended to read as follows:
7-12 (d) The department shall keep an information file about each
7-13 complaint filed with the department relating to[:]
7-14 [(1)] a license holder or entity regulated by the
7-15 department[;] or
7-16 [(2)] a service delivered by the department. The file
7-17 must include:
7-18 (1) the name of the person who filed the complaint;
7-19 (2) the date the complaint is received by the
7-20 department;
7-21 (3) the subject matter of the complaint;
7-22 (4) the name of each person contacted in relation to
7-23 the complaint;
7-24 (5) a summary of the results of the review or
7-25 investigation of the complaint; and
7-26 (6) an explanation of the reason the file was closed,
7-27 if the department closed the file without taking action other than
8-1 to investigate the complaint.
8-2 SECTION 1.08. Subchapter A, Chapter 12, Health and Safety
8-3 Code, is amended by adding Section 12.004 to read as follows:
8-4 Sec. 12.004. DEVELOPMENT OF PROPOSED RULES. (a) This
8-5 section applies to the process by which the department develops
8-6 proposed rules for the board's consideration before the proposed
8-7 rules are published in the Texas Register and before the board,
8-8 commissioner, or department complies with the rulemaking
8-9 requirements of the administrative procedure law, Chapter 2001,
8-10 Government Code. This section does not affect the duty of the
8-11 board, commissioner, or department to comply with the rulemaking
8-12 requirements of that law.
8-13 (b) The board shall require the department to establish a
8-14 checklist of methods that, to the extent appropriate, the
8-15 department will follow to obtain early in the rule development
8-16 process the advice and opinions of the public and of persons who
8-17 will be most affected by a proposed rule. The checklist must
8-18 include methods for identifying persons who will be most affected
8-19 and for soliciting at a minimum the advice and opinions of affected
8-20 local health departments, of recipients and providers of affected
8-21 services, and of advocates for affected recipients or providers.
8-22 (c) The checklist may include negotiated rulemaking,
8-23 informal conferences, advisory committees, and any other
8-24 appropriate method.
8-25 (d) A rule adopted by the board may not be challenged on the
8-26 grounds that the board, commissioner, or department did not comply
8-27 with this section. If the department was unable to solicit a
9-1 significant amount of advice and opinion from the public or from
9-2 affected persons early in the rule development process, the
9-3 department shall state in writing to the board the reasons why the
9-4 department was unable to do so.
9-5 SECTION 1.09. Subchapter B, Chapter 12, Health and Safety
9-6 Code, is amended by adding Section 12.0115 to read as follows:
9-7 Sec. 12.0115. INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS.
9-8 (a) In this section, "health care delivery programs" includes the
9-9 department's primary health care services program, its program to
9-10 improve maternal and infant health, its services for chronically
9-11 ill and disabled children, any aspects of health care delivery
9-12 under the state Medicaid program assigned to the department by law
9-13 or by the Health and Human Services Commission, and the part of any
9-14 other department program concerned with the department's
9-15 responsibility for the delivery of health care services.
9-16 (b) The department shall integrate the functions of its
9-17 different health care delivery programs to the maximum extent
9-18 possible, including integrating the functions of health care
9-19 delivery programs that are part of the state Medicaid program with
9-20 functions of health care delivery programs that are not part of the
9-21 state Medicaid program.
9-22 (c) At a minimum, the department's integration of the
9-23 functions of its different health care delivery programs must
9-24 include the integration within and across the programs of:
9-25 (1) the development of health care policy;
9-26 (2) the delivery of health care services, to the
9-27 extent appropriate for the recipients of the health care services;
10-1 and
10-2 (3) to the extent possible, the administration of
10-3 contracts with providers of health care services, particularly
10-4 providers who concurrently provide health care services under more
10-5 than one contract or program with the department.
10-6 (d) One of the primary goals of the department in
10-7 integrating the delivery of health care services for the benefit of
10-8 recipients shall be providing for continuity of care for
10-9 individuals and families, accomplished to the extent possible by
10-10 providing an individual or family with a medical home that serves
10-11 as the primary initial health care provider.
10-12 (e) One of the primary goals of the department in
10-13 integrating the administration of its contracts with providers of
10-14 health care services shall be designing an integrated contract
10-15 administration system that reduces the administrative and paperwork
10-16 burden on providers while still providing the department with the
10-17 information it needs to effectively administer the contracts. The
10-18 department's integration of contract administration must include:
10-19 (1) the integration of the initial procurement process
10-20 within and across programs, at least in part by efficiently
10-21 combining requests for bids or proposals within or across programs
10-22 to the extent it reduces the administrative burden for providers;
10-23 (2) the establishment of uniform contract terms,
10-24 including:
10-25 (A) contract terms that require information from
10-26 providers, or that prescribe performance standards for providers,
10-27 that could be made uniform within or across programs while
11-1 remaining effective as contract terms; and
11-2 (B) the establishment of a procedure under which
11-3 a contractor or a person responding to a request for bids or
11-4 proposals may supply the department with requested information
11-5 whenever possible by referencing current and correct information
11-6 previously supplied to and on file with the department;
11-7 (3) the integration of contract monitoring,
11-8 particularly with regard to monitoring providers that deliver
11-9 health services for the department under more than one contract or
11-10 under more than one department program; and
11-11 (4) the integration of reimbursement methods:
11-12 (A) particularly for a provider that delivers
11-13 health services for the department under more than one contract or
11-14 under more than one department program; and
11-15 (B) including the application across programs of
11-16 the most effective and efficient reimbursement technologies or
11-17 methods that are available to the department under any of its
11-18 programs.
11-19 (f) The department shall examine the extent to which the
11-20 department could integrate all or part of its health care delivery
11-21 programs into a single delivery system.
11-22 (g) If a federal requirement that the federal government may
11-23 waive restricts the department's integration efforts under this
11-24 section, the department may seek a waiver of the requirement from
11-25 the federal government. If the waiver affects a program for which
11-26 another state agency is designated the single state agency for
11-27 federal purposes, the department shall request the single state
12-1 agency to seek the waiver.
12-2 (h) The department may not integrate health care delivery
12-3 programs under this section in a way that affects the single state
12-4 agency status of another state agency for federal purposes without
12-5 obtaining the approval of the Health and Human Services Commission
12-6 and any necessary federal approval.
12-7 SECTION 1.10. Subchapter B, Chapter 12, Health and Safety
12-8 Code, is amended by adding Sections 12.0123 and 12.0124 to read as
12-9 follows:
12-10 Sec. 12.0123. ANNUAL EXTERNAL AUDIT OF MEDICAID FISCAL
12-11 AGENT. (a) In this section, "fiscal agent" means an entity that
12-12 is not another state health and human services agency that, under a
12-13 contract and on behalf of the department or the department's
12-14 successor in function, performs one or more administrative services
12-15 such as claims processing, utilization review, or payment of claims
12-16 as the department's fiscal intermediary.
12-17 (b) The department shall contract with an independent
12-18 auditor to perform annual independent external financial and
12-19 performance audits of any fiscal agent used by the department in
12-20 its operation of a part of the state Medicaid program.
12-21 (c) If another state agency succeeds to the department's
12-22 operation of the part of the state Medicaid program for which the
12-23 department used a fiscal agent, the successor agency shall comply
12-24 with the requirement to contract with an independent auditor to
12-25 perform the external financial and performance audits of any fiscal
12-26 agent.
12-27 Sec. 12.0124. ELECTRONIC FUNDS TRANSFER REQUIREMENT FOR
13-1 MEDICAID FISCAL INTERMEDIARY. A fiscal intermediary who makes
13-2 payments to service providers on behalf of the department or the
13-3 department's successor in function in relation to the department's
13-4 operation of a part of the state Medicaid program shall make the
13-5 payments using electronic funds transfer.
13-6 SECTION 1.11. Subchapter B, Chapter 12, Health and Safety
13-7 Code, is amended by adding Sections 12.0145 and 12.0146 to read as
13-8 follows:
13-9 Sec. 12.0145. INFORMATION ABOUT ENFORCEMENT ACTIONS. (a)
13-10 The department shall publish and provide information in accordance
13-11 with this section regarding each final enforcement action taken by
13-12 the department, commissioner, or board against a person or facility
13-13 regulated by the department in which any kind of sanction is
13-14 imposed, including:
13-15 (1) the imposition of a reprimand, a period of
13-16 probation, a monetary penalty, or a condition on a person's
13-17 continued practice or a facility's continued operation; and
13-18 (2) the refusal to renew or the suspension, probation,
13-19 or revocation of a license or other form of permission to engage in
13-20 an activity.
13-21 (b) Except to the extent that the information is
13-22 specifically made confidential under other law, the department
13-23 shall publish and provide the name, including any trade name, of
13-24 the person or facility against which an enforcement action was
13-25 taken, the violation that the person or facility was found to have
13-26 committed, and the sanction imposed. The department shall publish
13-27 and provide the information in a way that does not serve to
14-1 identify a complainant.
14-2 (c) The department shall publish the information on its
14-3 generally accessible Internet site. The department also shall
14-4 provide the information by establishing a system under which
14-5 members of the public can call toll-free numbers to obtain the
14-6 information efficiently and with a minimum of delay. The
14-7 department shall appropriately publicize the toll-free numbers.
14-8 (d) The department shall publish and provide the information
14-9 promptly after the sanction has been imposed or, when applicable,
14-10 promptly after the period during which the sanction is imposed has
14-11 begun. The department by rule shall establish the length of time
14-12 during which the required information will be published and
14-13 provided under this section based on the department's determination
14-14 regarding the types of services provided by regulated entities and
14-15 the length of time for which information about a category of
14-16 enforcement actions is useful to a member of the public.
14-17 (e) The department shall publish and provide the information
14-18 using clear language that can be readily understood by a person
14-19 with a high school education.
14-20 (f) If another law specifically requires that particular
14-21 information subject to this section shall be published in another
14-22 manner, the department shall comply with this section and with the
14-23 other law.
14-24 (g) A determination that the department is not required to
14-25 publish and provide information under this section does not affect
14-26 a determination regarding whether the information is subject to
14-27 required disclosure under the open records law, Chapter 552,
15-1 Government Code. The department's determination regarding the
15-2 length of the period during which information should continue to be
15-3 published and provided under this section does not affect a
15-4 determination regarding the period for which the information must
15-5 be preserved under Chapter 441, Government Code, or under another
15-6 law.
15-7 Sec. 12.0146. TRENDS IN ENFORCEMENT. The department shall
15-8 publish annually an analysis of its enforcement actions taken under
15-9 state law with regard to each profession, industry, or type of
15-10 facility regulated by the department. The analysis for each
15-11 regulatory area must show at a minimum the year-to-year trends in
15-12 the number and types of enforcement actions taken by the department
15-13 in its regulation of the profession, industry, or type of facility.
15-14 SECTION 1.12. Section 466.001(a), Health and Safety Code, is
15-15 amended to read as follows:
15-16 (a) It is the intent of the legislature that the department
15-17 [and the commission] exercise its [their respective] administrative
15-18 powers and regulatory authority to ensure the proper use of
15-19 approved narcotic drugs in the treatment of narcotic dependent
15-20 persons.
15-21 SECTION 1.13. Section 466.002, Health and Safety Code, is
15-22 amended to read as follows:
15-23 Sec. 466.002. DEFINITIONS. In this chapter:
15-24 (1) "Approved narcotic drug" means a drug approved by
15-25 the United States Food and Drug Administration for maintenance or
15-26 detoxification of a person physiologically addicted to the opiate
15-27 class of drugs.
16-1 (2) "Authorized agent" means an employee of the
16-2 department who is designated by the commissioner to enforce this
16-3 chapter.
16-4 (3) "Board" means the Texas Board of Health.
16-5 (4) ["Commission" means the Texas Commission on
16-6 Alcohol and Drug Abuse.]
16-7 [(5)] "Commissioner" means the commissioner of public
16-8 health.
16-9 (5) [(6)] "Department" means the Texas Department of
16-10 Health.
16-11 (6) [(7)] "Facility" includes a medical office, an
16-12 outpatient clinic, a general or special hospital, a community
16-13 mental health center, and any other location in which a structured
16-14 narcotic dependency program is conducted.
16-15 (7) [(8)] "Narcotic drug" has the meaning assigned by
16-16 Chapter 481 (Texas Controlled Substances Act).
16-17 SECTION 1.14. Section 466.004(a), Health and Safety Code, is
16-18 amended to read as follows:
16-19 (a) The board shall adopt and the department shall
16-20 administer and enforce rules to ensure the proper use of approved
16-21 narcotic drugs in the treatment of narcotic drug-dependent persons,
16-22 including rules that:
16-23 (1) require an applicant or a permit holder to make
16-24 annual, periodic, and special reports that the department
16-25 determines are necessary;
16-26 (2) require an applicant or permit holder to keep
16-27 records that the department determines are necessary;
17-1 (3) provide for investigations that the department
17-2 determines are necessary; and
17-3 (4) provide for the coordination of the approval of
17-4 narcotic drug treatment programs by the United States Food and Drug
17-5 Administration and the United States Drug Enforcement
17-6 Administration[; and]
17-7 [(5) provide for cooperation with the commission in
17-8 the licensing of narcotic drug treatment programs as required by
17-9 Subchapter A, Chapter 464].
17-10 SECTION 1.15. Section 466.022, Health and Safety Code, is
17-11 amended to read as follows:
17-12 Sec. 466.022. LIMITATION ON PRESCRIPTION, ORDER, OR
17-13 ADMINISTRATION OF NARCOTIC DRUG. A physician may not prescribe,
17-14 order, or administer a narcotic drug for the purpose of treating
17-15 drug dependency unless the physician prescribes, orders, or
17-16 administers an approved narcotic drug for the maintenance or
17-17 detoxification of drug-dependent persons as part of a program
17-18 permitted by the department [and the commission].
17-19 SECTION 1.16. Section 11.016(c), Health and Safety Code, is
17-20 repealed.
17-21 SECTION 1.17. Section 466.005, Health and Safety Code, is
17-22 repealed.
17-23 SECTION 1.18. Section 503.008, Health and Safety Code, is
17-24 repealed.
17-25 SECTION 1.19. The Texas Department of Health shall publish
17-26 the first comprehensive strategic and operational plan required
17-27 under Section 11.0045, Health and Safety Code, as added by this
18-1 Act, not later than September 1, 2000.
18-2 SECTION 1.20. The Texas Department of Health shall
18-3 comprehensively study the impact that the state's Medicaid managed
18-4 care program has had on each of the populations served by the
18-5 department and on all health care providers, clinics, and
18-6 hospitals. The department shall report its findings to the
18-7 presiding officer of each house of the legislature and of each
18-8 legislative committee that has oversight responsibility for the
18-9 department not later than November 1, 2000.
18-10 SECTION 1.21. (a) As soon as possible after the effective
18-11 date of this Act and to the extent allowed under federal law, the
18-12 Texas Department of Health shall implement a pilot project that, on
18-13 a scale appropriate for a pilot project, integrates all appropriate
18-14 functions of the department's health care delivery programs in
18-15 accordance with Section 12.0115, Health and Safety Code, as added
18-16 by this Act, including integrating the functions of health care
18-17 delivery programs that are part of the state Medicaid program with
18-18 functions of health care delivery programs that are not part of the
18-19 state Medicaid program.
18-20 (b) The pilot project must be initiated not later than
18-21 September 1, 2000. The pilot project terminates September 1, 2001,
18-22 but the department may continue successful elements of the project
18-23 after that date as part of the department's general duty to
18-24 integrate its health care delivery programs under Section 12.0115,
18-25 Health and Safety Code, as added by this Act.
18-26 (c) The department shall make an interim report regarding
18-27 its problems and progress in implementing the pilot project not
19-1 later than September 1, 2000, as part of the initial comprehensive
19-2 strategic and operational plan required under Section 11.0045,
19-3 Health and Safety Code, as added by this Act. The department shall
19-4 fully evaluate the successes and problems of the completed pilot
19-5 project as part of the comprehensive strategic and operational plan
19-6 that the department is required to publish not later than September
19-7 1, 2002.
19-8 (d) In addition to reporting on the problems and successes
19-9 of the pilot project, the department shall evaluate generally the
19-10 duties imposed on the department under Section 12.0115, Health and
19-11 Safety Code, as added by this Act. The department shall report not
19-12 later than September 1, 2002, as part of the second comprehensive
19-13 strategic and operational plan, on the benefits and problems that
19-14 the department foresees in fully implementing Section 12.0115. The
19-15 second comprehensive report shall:
19-16 (1) state the ways in which the department intends to
19-17 integrate its programs;
19-18 (2) demonstrate why it is expected that the
19-19 department's approach will best promote the goals of program
19-20 integration, with regard to expected benefits to recipients and
19-21 providers of health services and with regard to administrative
19-22 savings expected to be realized by government and by providers of
19-23 health services;
19-24 (3) address the extent to which the department has
19-25 implemented or plans to implement a uniform contracting process
19-26 that incorporates processes and principles identified by the
19-27 department's contract leverage team in its July 1996 Contracting
20-1 Guide for Client Services, and state the expected savings and
20-2 efficiencies that have resulted or should result from
20-3 implementation;
20-4 (4) state the ways in which the department's plan to
20-5 integrate the functions of its health care delivery programs
20-6 includes a plan to coordinate contract performance monitoring,
20-7 combine claims processing, and improve the process by which
20-8 providers are reimbursed; and
20-9 (5) recommend any changes to state law that are needed
20-10 to remove impediments to an integrated health care delivery system.
20-11 SECTION 1.22. (a) The Texas Department of Health, with the
20-12 assistance of the state auditor, shall conduct a comprehensive
20-13 evaluation of the department's regulatory functions. The
20-14 evaluation must include an examination and analysis of the
20-15 effectiveness of the department's:
20-16 (1) rules that affect or support its regulatory
20-17 practices;
20-18 (2) inspection efforts, including its scheduling of
20-19 inspections;
20-20 (3) investigative practices, including investigations
20-21 conducted in response to a complaint;
20-22 (4) use of sanctions;
20-23 (5) enforcement actions in relation to the time it
20-24 takes to initiate and complete an enforcement action and in
20-25 relation to the role of the department's office of general counsel;
20-26 and
20-27 (6) efforts to ensure compliance with applicable laws
21-1 and rules.
21-2 (b) The department shall report the results of the
21-3 evaluation, including the identification of any problem areas and
21-4 any recommended solutions to the problems that require management
21-5 actions or statutory changes, to the legislature and to the Texas
21-6 Board of Health not later than November 1, 2000.
21-7 SECTION 1.23. (a) The change in law made by this Act to
21-8 Chapter 2003.021, Government Code, transferring the responsibility
21-9 to conduct hearings in matters that are contested cases under
21-10 Chapter 2001, Government Code, from the commissioner of public
21-11 health and the Texas Board or Department of Health to the State
21-12 Office of Administrative Hearings, applies only to a contested case
21-13 in which notice of the hearing is given under Sections 2001.051 and
21-14 2001.052, Government Code, on or after the effective date of this
21-15 Act. The commissioner of public health or the Texas Board or
21-16 Department of Health, as appropriate, shall conduct the hearing in
21-17 a contested case for which the notice of hearing is given before
21-18 the effective date of this Act.
21-19 (b) This Act does not transfer from the commissioner of
21-20 public health or the Texas Board or Department of Health, as
21-21 appropriate, the responsibility to conduct a fair hearing that is
21-22 required under federal law unless the fair hearing is considered to
21-23 be a contested case under Chapter 2001, Government Code.
21-24 (c) This Act does not require the commissioner of public
21-25 health or the Texas Board or Department of Health to transfer
21-26 personnel to the State Office of Administrative Hearings.
21-27 SECTION 1.24. The changes in law made by this Act in the
22-1 prohibitions applying to members of the Texas Board of Health do
22-2 not affect the entitlement of a member serving on the board
22-3 immediately before September 1, 1999, to continue to serve and
22-4 function as a member of the board for the remainder of the member's
22-5 term. The changes in law apply only to a member appointed on or
22-6 after September 1, 1999.
22-7 ARTICLE 2. LICENSURE OF HOSPITAL OUTPATIENT FACILITIES;
22-8 FEES CHARGED TO HOSPITALS
22-9 SECTION 2.01. Section 241.023, Health and Safety Code, is
22-10 amended to read as follows:
22-11 Sec. 241.023. ISSUANCE OF LICENSE. (a) On receiving a
22-12 license application and the license fee, the department shall issue
22-13 a license if it finds that the applicant and the hospital comply
22-14 with this chapter and the rules or standards adopted under this
22-15 chapter.
22-16 (b) A license may be renewed annually after payment of the
22-17 required fee.
22-18 (c) The department may issue a license only for the premises
22-19 and person or governmental unit named in the application.
22-20 (d) Subject to Subsection (e), a license issued under this
22-21 section for a hospital includes each outpatient facility that is
22-22 not separately licensed, that is located apart from the hospital,
22-23 and for which the hospital has submitted to the department:
22-24 (1) a copy of a fire safety survey that is dated not
22-25 earlier than one year before the submission date indicating
22-26 approval by:
22-27 (A) the local fire authority in whose
23-1 jurisdiction the outpatient facility is located; or
23-2 (B) the nearest fire authority, if the
23-3 outpatient facility is located outside of the jurisdiction of a
23-4 local fire authority; and
23-5 (2) if the hospital is accredited by the Joint
23-6 Commission on Accreditation of Healthcare Organizations or the
23-7 American Osteopathic Association, a copy of documentation from the
23-8 accrediting body showing that the outpatient facility is included
23-9 within the hospital's accreditation.
23-10 (e) Subsection (d) applies only if the federal Department of
23-11 Health and Human Services, Health Care Financing Administration, or
23-12 Office of Inspector General adopts final or interim final rules
23-13 requiring state licensure of outpatient facilities as a condition
23-14 of the determination of provider-based status for Medicare
23-15 reimbursement purposes.
23-16 (f) A license may not be transferred or assigned without the
23-17 written approval of the department.
23-18 (g) [(e)] A license shall be posted in a conspicuous place
23-19 on the licensed premises.
23-20 SECTION 2.02. Section 241.025, Health and Safety Code, is
23-21 amended to read as follows:
23-22 Sec. 241.025. LICENSE FEES. (a) The department shall
23-23 charge each hospital an annual license fee for an initial license
23-24 or a license renewal.
23-25 (b) The board by rule shall adopt the fees authorized by
23-26 Subsection (a) according to a schedule under [in] which the number
23-27 of beds in the hospital determines the amount of the fee. The fee
24-1 may not exceed $15 [$10] a bed. A minimum license fee may be
24-2 established. The minimum fee may not exceed $1,000[, and the total
24-3 fee may not be less than $200 or more than $10,000].
24-4 (c) A fee adopted under this chapter must be based on the
24-5 estimated cost to and level of effort expended by the department to
24-6 conduct the activity for which the fee is imposed. [The board by
24-7 rule shall adopt a temporary initial license fee in an amount
24-8 sufficient to cover the reasonable expense to the department of
24-9 issuing the license.]
24-10 (d) All license fees collected shall be deposited in the
24-11 state treasury to the credit of the department to administer and
24-12 enforce this chapter. These fees are hereby appropriated to the
24-13 department.
24-14 SECTION 2.03. Section 241.104, Health and Safety Code, is
24-15 amended to read as follows:
24-16 Sec. 241.104. HOSPITAL PLAN REVIEWS. (a) The board by rule
24-17 shall adopt fees for hospital plan reviews according to a schedule
24-18 based on the estimated construction costs. [If an estimated
24-19 construction cost cannot be established, the estimated cost is $105
24-20 per square foot.]
24-21 (b) The fee schedule may not exceed the following:
24-22 Cost of Construction Fee
24-23 (1) $ 100,000 [600,000] or less $ 500
24-24 (2) $ 100,001 - $ 600,000 $1,500
24-25 (3) $ 600,001 - $ 2,000,000 $3,000 [1,000]
24-26 (4) [(3)] $ 2,000,001 - $ 5,000,000 $4,500 [1,500]
24-27 (5) [(4)] $ 5,000,001 - $10,000,000 $6,000 [2,000]
25-1 (6) [(5)] $10,000,001 and over $7,500 [3,000]
25-2 (c) The department shall charge a fee for field surveys of
25-3 construction plans reviewed under this section. The board by rule
25-4 shall adopt a fee schedule for the surveys that provides a minimum
25-5 fee of $500 [$100] and a maximum fee of $1,000 [$400] for each
25-6 survey conducted.
25-7 SECTION 2.04. Section 241.0231, Health and Safety Code, is
25-8 repealed.
25-9 ARTICLE 3. AMBULATORY SURGICAL CENTERS; ADMINISTRATIVE
25-10 PENALTIES
25-11 SECTION 3.01. Chapter 243, Health and Safety Code, is
25-12 amended by adding Sections 243.015 and 243.016 to read as follows:
25-13 Sec. 243.015. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
25-14 The department may impose an administrative penalty on a person
25-15 licensed under this chapter who violates this chapter or a rule or
25-16 order adopted under this chapter. A penalty collected under this
25-17 section or Section 243.016 shall be deposited in the state treasury
25-18 in the general revenue fund.
25-19 (b) A proceeding to impose the penalty is considered to be a
25-20 contested case under Chapter 2001, Government Code.
25-21 (c) The amount of the penalty may not exceed $1,000 for each
25-22 violation, and each day a violation continues or occurs is a
25-23 separate violation for purposes of imposing a penalty.
25-24 (d) The amount shall be based on:
25-25 (1) the seriousness of the violation, including the
25-26 nature, circumstances, extent, and gravity of the violation;
25-27 (2) the threat to health or safety caused by the
26-1 violation;
26-2 (3) the history of previous violations;
26-3 (4) the amount necessary to deter a future violation;
26-4 (5) whether the violator demonstrated good faith,
26-5 including when applicable whether the violator made good faith
26-6 efforts to correct the violation; and
26-7 (6) any other matter that justice may require.
26-8 (e) If the department initially determines that a violation
26-9 occurred, the department shall give written notice of the report by
26-10 certified mail to the person.
26-11 (f) The notice under Subsection (e) must:
26-12 (1) include a brief summary of the alleged violation;
26-13 (2) state the amount of the recommended penalty; and
26-14 (3) inform the person of the person's right to a
26-15 hearing on the occurrence of the violation, the amount of the
26-16 penalty, or both.
26-17 (g) Within 20 days after the date the person receives the
26-18 notice under Subsection (e), the person in writing may:
26-19 (1) accept the determination and recommended penalty
26-20 of the department; or
26-21 (2) make a request for a hearing on the occurrence of
26-22 the violation, the amount of the penalty, or both.
26-23 (h) If the person accepts the determination and recommended
26-24 penalty or if the person fails to respond to the notice the
26-25 commissioner of public health by order shall approve the
26-26 determination and impose the recommended penalty.
26-27 (i) If the person requests a hearing, the commissioner of
27-1 public health shall refer the matter to the State Office of
27-2 Administrative Hearings, which shall promptly set a hearing date
27-3 and give written notice of the time and place of the hearing to the
27-4 person. An administrative law judge of the State Office of
27-5 Administrative Hearings shall conduct the hearing.
27-6 (j) The administrative law judge shall make findings of fact
27-7 and conclusions of law and promptly issue to the commissioner of
27-8 public health a proposal for a decision about the occurrence of the
27-9 violation and the amount of a proposed penalty.
27-10 (k) Based on the findings of fact, conclusions of law, and
27-11 proposal for a decision, the commissioner of public health by order
27-12 may:
27-13 (1) find that a violation occurred and impose a
27-14 penalty; or
27-15 (2) find that a violation did not occur.
27-16 (l) The notice of the commissioner's order under Subsection
27-17 (k) that is sent to the person in accordance with Chapter 2001,
27-18 Government Code, must include a statement of the right of the
27-19 person to judicial review of the order.
27-20 Sec. 243.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE
27-21 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
27-22 order of the commissioner of public health under Section 243.015(k)
27-23 that imposes an administrative penalty becomes final, the person
27-24 shall:
27-25 (1) pay the penalty; or
27-26 (2) file a petition for judicial review of the
27-27 commissioner's order contesting the occurrence of the violation,
28-1 the amount of the penalty, or both.
28-2 (b) Within the 30-day period prescribed by Subsection (a), a
28-3 person who files a petition for judicial review may:
28-4 (1) stay enforcement of the penalty by:
28-5 (A) paying the penalty to the court for
28-6 placement in an escrow account; or
28-7 (B) giving the court a supersedeas bond approved
28-8 by the court that:
28-9 (i) is for the amount of the penalty; and
28-10 (ii) is effective until all judicial
28-11 review of the commissioner's order is final; or
28-12 (2) request the court to stay enforcement of the
28-13 penalty by:
28-14 (A) filing with the court a sworn affidavit of
28-15 the person stating that the person is financially unable to pay the
28-16 penalty and is financially unable to give the supersedeas bond; and
28-17 (B) sending a copy of the affidavit to the
28-18 commissioner of public health by certified mail.
28-19 (c) If the commissioner of public health receives a copy of
28-20 an affidavit under Subsection (b)(2), the commissioner may file
28-21 with the court, within five days after the date the copy is
28-22 received, a contest to the affidavit. The court shall hold a
28-23 hearing on the facts alleged in the affidavit as soon as
28-24 practicable and shall stay the enforcement of the penalty on
28-25 finding that the alleged facts are true. The person who files an
28-26 affidavit has the burden of proving that the person is financially
28-27 unable to pay the penalty or to give a supersedeas bond.
29-1 (d) If the person does not pay the penalty and the
29-2 enforcement of the penalty is not stayed, the penalty may be
29-3 collected. The attorney general may sue to collect the penalty.
29-4 (e) If the court sustains the finding that a violation
29-5 occurred, the court may uphold or reduce the amount of the penalty
29-6 and order the person to pay the full or reduced amount of the
29-7 penalty.
29-8 (f) If the court does not sustain the finding that a
29-9 violation occurred, the court shall order that a penalty is not
29-10 owed.
29-11 (g) If the person paid the penalty and if the amount of the
29-12 penalty is reduced or the penalty is not upheld by the court, the
29-13 court shall order, when the court's judgment becomes final, that
29-14 the appropriate amount plus accrued interest be remitted to the
29-15 person within 30 days after the date that the judgment of the court
29-16 becomes final. The interest accrues at the rate charged on loans to
29-17 depository institutions by the New York Federal Reserve Bank. The
29-18 interest shall be paid for the period beginning on the date the
29-19 penalty is paid and ending on the date the penalty is remitted.
29-20 (h) If the person gave a supersedeas bond and the penalty is
29-21 not upheld by the court, the court shall order, when the court's
29-22 judgment becomes final, the release of the bond. If the person gave
29-23 a supersedeas bond and the amount of the penalty is reduced, the
29-24 court shall order the release of the bond after the person pays the
29-25 reduced amount.
29-26 ARTICLE 4. BIRTHING CENTERS; ADMINISTRATIVE PENALTIES
29-27 SECTION 4.01. Chapter 244, Health and Safety Code, is
30-1 amended by adding Sections 244.015 and 244.016 to read as follows:
30-2 Sec. 244.015. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
30-3 The department may impose an administrative penalty on a person
30-4 licensed under this chapter who violates this chapter or a rule or
30-5 order adopted under this chapter. A penalty collected under this
30-6 section or Section 244.016 shall be deposited in the state treasury
30-7 in the general revenue fund.
30-8 (b) A proceeding to impose the penalty is considered to be a
30-9 contested case under Chapter 2001, Government Code.
30-10 (c) The amount of the penalty may not exceed $1,000 for each
30-11 violation, and each day a violation continues or occurs is a
30-12 separate violation for purposes of imposing a penalty.
30-13 (d) The amount shall be based on:
30-14 (1) the seriousness of the violation, including the
30-15 nature, circumstances, extent, and gravity of the violation;
30-16 (2) the threat to health or safety caused by the
30-17 violation;
30-18 (3) the history of previous violations;
30-19 (4) the amount necessary to deter a future violation;
30-20 (5) whether the violator demonstrated good faith,
30-21 including when applicable whether the violator made good faith
30-22 efforts to correct the violation; and
30-23 (6) any other matter that justice may require.
30-24 (e) If the department initially determines that a violation
30-25 occurred, the department shall give written notice of the report by
30-26 certified mail to the person.
30-27 (f) The notice under Subsection (e) must:
31-1 (1) include a brief summary of the alleged violation;
31-2 (2) state the amount of the recommended penalty; and
31-3 (3) inform the person of the person's right to a
31-4 hearing on the occurrence of the violation, the amount of the
31-5 penalty, or both.
31-6 (g) Within 20 days after the date the person receives the
31-7 notice under Subsection (e), the person in writing may:
31-8 (1) accept the determination and recommended penalty
31-9 of the department; or
31-10 (2) make a request for a hearing on the occurrence of
31-11 the violation, the amount of the penalty, or both.
31-12 (h) If the person accepts the determination and recommended
31-13 penalty or if the person fails to respond to the notice, the
31-14 commissioner of public health by order shall approve the
31-15 determination and impose the recommended penalty.
31-16 (i) If the person requests a hearing, the commissioner of
31-17 public health shall refer the matter to the State Office of
31-18 Administrative Hearings, which shall promptly set a hearing date
31-19 and give written notice of the time and place of the hearing to the
31-20 person. An administrative law judge of the State Office of
31-21 Administrative Hearings shall conduct the hearing.
31-22 (j) The administrative law judge shall make findings of fact
31-23 and conclusions of law and promptly issue to the commissioner of
31-24 public health a proposal for a decision about the occurrence of the
31-25 violation and the amount of a proposed penalty.
31-26 (k) Based on the findings of fact, conclusions of law, and
31-27 proposal for a decision, the commissioner of public health by order
32-1 may:
32-2 (1) find that a violation occurred and impose a
32-3 penalty; or
32-4 (2) find that a violation did not occur.
32-5 (l) The notice of the commissioner's order under Subsection
32-6 (k) that is sent to the person in accordance with Chapter 2001,
32-7 Government Code, must include a statement of the right of the
32-8 person to judicial review of the order.
32-9 Sec. 244.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE
32-10 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
32-11 order of the commissioner of public health under Section 244.015(k)
32-12 that imposes an administrative penalty becomes final, the person
32-13 shall:
32-14 (1) pay the penalty; or
32-15 (2) file a petition for judicial review of the
32-16 commissioner's order contesting the occurrence of the violation,
32-17 the amount of the penalty, or both.
32-18 (b) Within the 30-day period prescribed by Subsection (a), a
32-19 person who files a petition for judicial review may:
32-20 (1) stay enforcement of the penalty by:
32-21 (A) paying the penalty to the court for
32-22 placement in an escrow account; or
32-23 (B) giving the court a supersedeas bond approved
32-24 by the court that:
32-25 (i) is for the amount of the penalty; and
32-26 (ii) is effective until all judicial
32-27 review of the commissioner's order is final; or
33-1 (2) request the court to stay enforcement of the
33-2 penalty by:
33-3 (A) filing with the court a sworn affidavit of
33-4 the person stating that the person is financially unable to pay the
33-5 penalty and is financially unable to give the supersedeas bond; and
33-6 (B) sending a copy of the affidavit to the
33-7 commissioner of public health by certified mail.
33-8 (c) If the commissioner of public health receives a copy of
33-9 an affidavit under Subsection (b)(2), the commissioner may file
33-10 with the court, within five days after the date the copy is
33-11 received, a contest to the affidavit. The court shall hold a
33-12 hearing on the facts alleged in the affidavit as soon as
33-13 practicable and shall stay the enforcement of the penalty on
33-14 finding that the alleged facts are true. The person who files an
33-15 affidavit has the burden of proving that the person is financially
33-16 unable to pay the penalty or to give a supersedeas bond.
33-17 (d) If the person does not pay the penalty and the
33-18 enforcement of the penalty is not stayed, the penalty may be
33-19 collected. The attorney general may sue to collect the penalty.
33-20 (e) If the court sustains the finding that a violation
33-21 occurred, the court may uphold or reduce the amount of the penalty
33-22 and order the person to pay the full or reduced amount of the
33-23 penalty.
33-24 (f) If the court does not sustain the finding that a
33-25 violation occurred, the court shall order that a penalty is not
33-26 owed.
33-27 (g) If the person paid the penalty and if the amount of the
34-1 penalty is reduced or the penalty is not upheld by the court, the
34-2 court shall order, when the court's judgment becomes final, that
34-3 the appropriate amount plus accrued interest be remitted to the
34-4 person within 30 days after the date that the judgment of the court
34-5 becomes final. The interest accrues at the rate charged on loans to
34-6 depository institutions by the New York Federal Reserve Bank. The
34-7 interest shall be paid for the period beginning on the date the
34-8 penalty is paid and ending on the date the penalty is remitted.
34-9 (h) If the person gave a supersedeas bond and the penalty is
34-10 not upheld by the court, the court shall order, when the court's
34-11 judgment becomes final, the release of the bond. If the person gave
34-12 a supersedeas bond and the amount of the penalty is reduced, the
34-13 court shall order the release of the bond after the person pays the
34-14 reduced amount.
34-15 ARTICLE 5. SPECIAL CARE FACILITIES; ADMINISTRATIVE PENALTIES
34-16 SECTION 5.01. Chapter 248, Health and Safety Code, is
34-17 amended by adding Subchapter D to read as follows:
34-18 SUBCHAPTER D. ADMINISTRATIVE PENALTY
34-19 Sec. 248.101. IMPOSITION OF PENALTY. (a) The department of
34-20 health may impose an administrative penalty on a person licensed
34-21 under this chapter who violates this chapter or a rule or order
34-22 adopted under this chapter.
34-23 (b) A penalty collected under this subchapter shall be
34-24 deposited in the state treasury in the general revenue fund.
34-25 Sec. 248.102. AMOUNT OF PENALTY. (a) The amount of the
34-26 penalty may not exceed $1,000 for each violation, and each day a
34-27 violation continues or occurs is a separate violation for purposes
35-1 of imposing a penalty.
35-2 (b) The amount shall be based on:
35-3 (1) the seriousness of the violation, including the
35-4 nature, circumstances, extent, and gravity of the violation;
35-5 (2) the threat to health or safety caused by the
35-6 violation;
35-7 (3) the history of previous violations;
35-8 (4) the amount necessary to deter a future violation;
35-9 (5) whether the violator demonstrated good faith,
35-10 including when applicable whether the violator made good faith
35-11 efforts to correct the violation; and
35-12 (6) any other matter that justice may require.
35-13 Sec. 248.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
35-14 (a) If the department initially determines that a violation
35-15 occurred, the department shall give written notice of the report by
35-16 certified mail to the person.
35-17 (b) The notice must:
35-18 (1) include a brief summary of the alleged violation;
35-19 (2) state the amount of the recommended penalty; and
35-20 (3) inform the person of the person's right to a
35-21 hearing on the occurrence of the violation, the amount of the
35-22 penalty, or both.
35-23 Sec. 248.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
35-24 Within 20 days after the date the person receives the notice sent
35-25 under Section 248.103, the person in writing may:
35-26 (1) accept the determination and recommended penalty
35-27 of the department; or
36-1 (2) make a request for a hearing on the occurrence of
36-2 the violation, the amount of the penalty, or both.
36-3 (b) If the person accepts the determination and recommended
36-4 penalty or if the person fails to respond to the notice, the
36-5 commissioner of public health by order shall approve the
36-6 determination and impose the recommended penalty.
36-7 Sec. 248.105. HEARING. (a) If the person requests a
36-8 hearing, the commissioner of public health shall refer the matter
36-9 to the State Office of Administrative Hearings, which shall
36-10 promptly set a hearing date and give written notice of the time and
36-11 place of the hearing to the person. An administrative law judge of
36-12 the State Office of Administrative Hearings shall conduct the
36-13 hearing.
36-14 (b) The administrative law judge shall make findings of fact
36-15 and conclusions of law and promptly issue to the commissioner of
36-16 public health a proposal for a decision about the occurrence of the
36-17 violation and the amount of a proposed penalty.
36-18 Sec. 248.106. DECISION BY COMMISSIONER. (a) Based on the
36-19 findings of fact, conclusions of law, and proposal for a decision,
36-20 the commissioner of public health by order may:
36-21 (1) find that a violation occurred and impose a
36-22 penalty; or
36-23 (2) find that a violation did not occur.
36-24 (b) The notice of the commissioner's order under Subsection
36-25 (a) that is sent to the person in accordance with Chapter 2001,
36-26 Government Code, must include a statement of the right of the
36-27 person to judicial review of the order.
37-1 Sec. 248.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
37-2 Within 30 days after the date the order of the commissioner of
37-3 public health under Section 248.106 that imposes an administrative
37-4 penalty becomes final, the person shall:
37-5 (1) pay the penalty; or
37-6 (2) file a petition for judicial review of the
37-7 commissioner's order contesting the occurrence of the violation,
37-8 the amount of the penalty, or both.
37-9 Sec. 248.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
37-10 the 30-day period prescribed by Section 248.107, a person who files
37-11 a petition for judicial review may:
37-12 (1) stay enforcement of the penalty by:
37-13 (A) paying the penalty to the court for
37-14 placement in an escrow account; or
37-15 (B) giving the court a supersedeas bond approved
37-16 by the court that:
37-17 (i) is for the amount of the penalty; and
37-18 (ii) is effective until all judicial
37-19 review of the commissioner's order is final; or
37-20 (2) request the court to stay enforcement of the
37-21 penalty by:
37-22 (A) filing with the court a sworn affidavit of
37-23 the person stating that the person is financially unable to pay the
37-24 penalty and is financially unable to give the supersedeas bond; and
37-25 (B) sending a copy of the affidavit to the
37-26 commissioner of public health by certified mail.
37-27 (b) If the commissioner of public health receives a copy of
38-1 an affidavit under Subsection (a)(2), the commissioner may file
38-2 with the court, within five days after the date the copy is
38-3 received, a contest to the affidavit. The court shall hold a
38-4 hearing on the facts alleged in the affidavit as soon as
38-5 practicable and shall stay the enforcement of the penalty on
38-6 finding that the alleged facts are true. The person who files an
38-7 affidavit has the burden of proving that the person is financially
38-8 unable to pay the penalty or to give a supersedeas bond.
38-9 Sec. 248.109. COLLECTION OF PENALTY. (a) If the person
38-10 does not pay the penalty and the enforcement of the penalty is not
38-11 stayed, the penalty may be collected.
38-12 (b) The attorney general may sue to collect the penalty.
38-13 Sec. 248.110. DECISION BY COURT. (a) If the court sustains
38-14 the finding that a violation occurred, the court may uphold or
38-15 reduce the amount of the penalty and order the person to pay the
38-16 full or reduced amount of the penalty.
38-17 (b) If the court does not sustain the finding that a
38-18 violation occurred, the court shall order that a penalty is not
38-19 owed.
38-20 Sec. 248.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
38-21 the person paid the penalty and if the amount of the penalty is
38-22 reduced or the penalty is not upheld by the court, the court shall
38-23 order, when the court's judgment becomes final, that the
38-24 appropriate amount plus accrued interest be remitted to the person
38-25 within 30 days after the date that the judgment of the court
38-26 becomes final.
38-27 (b) The interest accrues at the rate charged on loans to
39-1 depository institutions by the New York Federal Reserve Bank.
39-2 (c) The interest shall be paid for the period beginning on
39-3 the date the penalty is paid and ending on the date the penalty is
39-4 remitted.
39-5 Sec. 248.112. RELEASE OF BOND. (a) If the person gave a
39-6 supersedeas bond and the penalty is not upheld by the court, the
39-7 court shall order, when the court's judgment becomes final, the
39-8 release of the bond.
39-9 (b) If the person gave a supersedeas bond and the amount of
39-10 the penalty is reduced, the court shall order the release of the
39-11 bond after the person pays the reduced amount.
39-12 Sec. 248.113. ADMINISTRATIVE PROCEDURE. A proceeding to
39-13 impose the penalty is considered to be a contested case under
39-14 Chapter 2001, Government Code.
39-15 ARTICLE 6. ABUSABLE GLUES AND AEROSOL PAINTS; ADMINISTRATIVE
39-16 PENALTIES
39-17 SECTION 6.01. Chapter 485, Health and Safety Code, is
39-18 amended by adding Subchapter D to read as follows:
39-19 SUBCHAPTER D. ADMINISTRATIVE PENALTY
39-20 Sec. 485.101. IMPOSITION OF PENALTY. (a) The department
39-21 may impose an administrative penalty on a person who sells abusable
39-22 glue or aerosol paint at retail who violates this chapter or a rule
39-23 or order adopted under this chapter.
39-24 (b) A penalty collected under this subchapter shall be
39-25 deposited in the state treasury in the general revenue fund.
39-26 Sec. 485.102. AMOUNT OF PENALTY. (a) The amount of the
39-27 penalty may not exceed $1,000 for each violation and each day a
40-1 violation continues or occurs is a separate violation for purposes
40-2 of imposing a penalty.
40-3 (b) The amount shall be based on:
40-4 (1) the seriousness of the violation, including the
40-5 nature, circumstances, extent, and gravity of the violation;
40-6 (2) the threat to health or safety caused by the
40-7 violation;
40-8 (3) the history of previous violations;
40-9 (4) the amount necessary to deter a future violation;
40-10 (5) whether the violator demonstrated good faith,
40-11 including when applicable whether the violator made good faith
40-12 efforts to correct the violation; and
40-13 (6) any other matter that justice may require.
40-14 Sec. 485.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
40-15 (a) If the department initially determines that a violation
40-16 occurred, the department shall give written notice of the report by
40-17 certified mail to the person.
40-18 (b) The notice must:
40-19 (1) include a brief summary of the alleged violation;
40-20 (2) state the amount of the recommended penalty; and
40-21 (3) inform the person of the person's right to a
40-22 hearing on the occurrence of the violation, the amount of the
40-23 penalty, or both.
40-24 Sec. 485.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
40-25 Within 20 days after the date the person receives the notice sent
40-26 under Section 485.103, the person in writing may:
40-27 (1) accept the determination and recommended penalty
41-1 of the department; or
41-2 (2) make a request for a hearing on the occurrence of
41-3 the violation, the amount of the penalty, or both.
41-4 (b) If the person accepts the determination and recommended
41-5 penalty or if the person fails to respond to the notice, the
41-6 commissioner by order shall approve the determination and impose
41-7 the recommended penalty.
41-8 Sec. 485.105. HEARING. (a) If the person requests a
41-9 hearing, the commissioner shall refer the matter to the State
41-10 Office of Administrative Hearings, which shall promptly set a
41-11 hearing date and give written notice of the time and place of the
41-12 hearing to the person. An administrative law judge of the State
41-13 Office of Administrative Hearings shall conduct the hearing.
41-14 (b) The administrative law judge shall make findings of fact
41-15 and conclusions of law and promptly issue to the commissioner a
41-16 proposal for a decision about the occurrence of the violation and
41-17 the amount of a proposed penalty.
41-18 Sec. 485.106. DECISION BY COMMISSIONER. (a) Based on the
41-19 findings of fact, conclusions of law, and proposal for a decision,
41-20 the commissioner by order may:
41-21 (1) find that a violation occurred and impose a
41-22 penalty; or
41-23 (2) find that a violation did not occur.
41-24 (b) The notice of the commissioner's order under Subsection
41-25 (a) that is sent to the person in accordance with Chapter 2001,
41-26 Government Code, must include a statement of the right of the
41-27 person to judicial review of the order.
42-1 Sec. 485.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
42-2 Within 30 days after the date the order of the commissioner under
42-3 Section 485.106 that imposes an administrative penalty becomes
42-4 final, the person shall:
42-5 (1) pay the penalty; or
42-6 (2) file a petition for judicial review of the
42-7 commissioner's order contesting the occurrence of the violation,
42-8 the amount of the penalty, or both.
42-9 Sec. 485.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
42-10 the 30-day period prescribed by Section 485.107, a person who files
42-11 a petition for judicial review may:
42-12 (1) stay enforcement of the penalty by:
42-13 (A) paying the penalty to the court for
42-14 placement in an escrow account; or
42-15 (B) giving the court a supersedeas bond approved
42-16 by the court that:
42-17 (i) is for the amount of the penalty; and
42-18 (ii) is effective until all judicial
42-19 review of the commissioner's order is final; or
42-20 (2) request the court to stay enforcement of the
42-21 penalty by:
42-22 (A) filing with the court a sworn affidavit of
42-23 the person stating that the person is financially unable to pay the
42-24 penalty and is financially unable to give the supersedeas bond; and
42-25 (B) sending a copy of the affidavit to the
42-26 commissioner by certified mail.
42-27 (b) If the commissioner receives a copy of an affidavit
43-1 under Subsection (a)(2), the commissioner may file with the court,
43-2 within five days after the date the copy is received, a contest to
43-3 the affidavit. The court shall hold a hearing on the facts alleged
43-4 in the affidavit as soon as practicable and shall stay the
43-5 enforcement of the penalty on finding that the alleged facts are
43-6 true. The person who files an affidavit has the burden of proving
43-7 that the person is financially unable to pay the penalty or to give
43-8 a supersedeas bond.
43-9 Sec. 485.109. COLLECTION OF PENALTY. (a) If the person
43-10 does not pay the penalty and the enforcement of the penalty is not
43-11 stayed, the penalty may be collected.
43-12 (b) The attorney general may sue to collect the penalty.
43-13 Sec. 485.110. DECISION BY COURT. (a) If the court sustains
43-14 the finding that a violation occurred, the court may uphold or
43-15 reduce the amount of the penalty and order the person to pay the
43-16 full or reduced amount of the penalty.
43-17 (b) If the court does not sustain the finding that a
43-18 violation occurred, the court shall order that a penalty is not
43-19 owed.
43-20 Sec. 485.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
43-21 the person paid the penalty and if the amount of the penalty is
43-22 reduced or the penalty is not upheld by the court, the court shall
43-23 order, when the court's judgment becomes final, that the
43-24 appropriate amount plus accrued interest be remitted to the person
43-25 within 30 days after the date that the judgment of the court
43-26 becomes final.
43-27 (b) The interest accrues at the rate charged on loans to
44-1 depository institutions by the New York Federal Reserve Bank.
44-2 (c) The interest shall be paid for the period beginning on
44-3 the date the penalty is paid and ending on the date the penalty is
44-4 remitted.
44-5 Sec. 485.112. RELEASE OF BOND. (a) If the person gave a
44-6 supersedeas bond and the penalty is not upheld by the court, the
44-7 court shall order, when the court's judgment becomes final, the
44-8 release of the bond.
44-9 (b) If the person gave a supersedeas bond and the amount of
44-10 the penalty is reduced, the court shall order the release of the
44-11 bond after the person pays the reduced amount.
44-12 Sec. 485.113. ADMINISTRATIVE PROCEDURE. A proceeding to
44-13 impose the penalty is considered to be a contested case under
44-14 Chapter 2001, Government Code.
44-15 ARTICLE 7. HAZARDOUS SUBSTANCES; ADMINISTRATIVE PENALTY
44-16 SECTION 7.01. Chapter 501, Health and Safety Code, is
44-17 amended by adding Subchapter D to read as follows:
44-18 SUBCHAPTER D. ADMINISTRATIVE PENALTY
44-19 Sec. 501.101. IMPOSITION OF PENALTY. (a) The department
44-20 may impose an administrative penalty on a person:
44-21 (1) who manufactures or repacks a hazardous substance
44-22 that is distributed in this state or who distributes a hazardous
44-23 substance in this state; and
44-24 (2) who violates this chapter or a rule or order
44-25 adopted under this chapter.
44-26 (b) A penalty collected under this subchapter shall be
44-27 deposited in the state treasury in the general revenue fund.
45-1 Sec. 501.102. AMOUNT OF PENALTY. (a) The amount of the
45-2 penalty may not exceed $1,000 for each violation, and each day a
45-3 violation continues or occurs is a separate violation for purposes
45-4 of imposing a penalty.
45-5 (b) The amount shall be based on:
45-6 (1) the seriousness of the violation, including the
45-7 nature, circumstances, extent, and gravity of the violation;
45-8 (2) the threat to health or safety caused by the
45-9 violation;
45-10 (3) the history of previous violations;
45-11 (4) the amount necessary to deter a future violation;
45-12 (5) whether the violator demonstrated good faith,
45-13 including when applicable whether the violator made good faith
45-14 efforts to correct the violation; and
45-15 (6) any other matter that justice may require.
45-16 Sec. 501.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
45-17 (a) If the department initially determines that a violation
45-18 occurred, the department shall give written notice of the report by
45-19 certified mail to the person.
45-20 (b) The notice must:
45-21 (1) include a brief summary of the alleged violation;
45-22 (2) state the amount of the recommended penalty; and
45-23 (3) inform the person of the person's right to a
45-24 hearing on the occurrence of the violation, the amount of the
45-25 penalty, or both.
45-26 Sec. 501.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
45-27 Within 20 days after the date the person receives the notice sent
46-1 under Section 501.103, the person in writing may:
46-2 (1) accept the determination and recommended penalty
46-3 of the department; or
46-4 (2) make a request for a hearing on the occurrence of
46-5 the violation, the amount of the penalty, or both.
46-6 (b) If the person accepts the determination and recommended
46-7 penalty or if the person fails to respond to the notice, the
46-8 commissioner of public health by order shall approve the
46-9 determination and impose the recommended penalty.
46-10 Sec. 501.105. HEARING. (a) If the person requests a
46-11 hearing, the commissioner of public health shall refer the matter
46-12 to the State Office of Administrative Hearings, which shall
46-13 promptly set a hearing date and give written notice of the time and
46-14 place of the hearing to the person. An administrative law judge of
46-15 the State Office of Administrative Hearings shall conduct the
46-16 hearing.
46-17 (b) The administrative law judge shall make findings of fact
46-18 and conclusions of law and promptly issue to the commissioner of
46-19 public health a proposal for a decision about the occurrence of the
46-20 violation and the amount of a proposed penalty.
46-21 Sec. 501.106. DECISION BY COMMISSIONER. (a) Based on the
46-22 findings of fact, conclusions of law, and proposal for a decision,
46-23 the commissioner of public health by order may:
46-24 (1) find that a violation occurred and impose a
46-25 penalty; or
46-26 (2) find that a violation did not occur.
46-27 (b) The notice of the commissioner's order under Subsection
47-1 (a) that is sent to the person in accordance with Chapter 2001,
47-2 Government Code, must include a statement of the right of the
47-3 person to judicial review of the order.
47-4 Sec. 501.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
47-5 Within 30 days after the date an order of the commissioner of
47-6 public health under Section 501.106 that imposes an administrative
47-7 penalty becomes final, the person shall:
47-8 (1) pay the penalty; or
47-9 (2) file a petition for judicial review of the
47-10 commissioner's order contesting the occurrence of the violation,
47-11 the amount of the penalty, or both.
47-12 Sec. 501.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
47-13 the 30-day period prescribed by Section 501.107, a person who files
47-14 a petition for judicial review may:
47-15 (1) stay enforcement of the penalty by:
47-16 (A) paying the penalty to the court for
47-17 placement in an escrow account; or
47-18 (B) giving the court a supersedeas bond approved
47-19 by the court that:
47-20 (i) is for the amount of the penalty; and
47-21 (ii) is effective until all judicial
47-22 review of the commissioner's order is final; or
47-23 (2) request the court to stay enforcement of the
47-24 penalty by:
47-25 (A) filing with the court a sworn affidavit of
47-26 the person stating that the person is financially unable to pay the
47-27 penalty and is financially unable to give the supersedeas bond; and
48-1 (B) giving a copy of the affidavit to the
48-2 commissioner of public health by certified mail.
48-3 (b) If the commissioner of public health receives a copy of
48-4 an affidavit under Subsection (a)(2), the commissioner may file
48-5 with the court, within five days after the date the copy is
48-6 received, a contest to the affidavit. The court shall hold a
48-7 hearing on the facts alleged in the affidavit as soon as
48-8 practicable and shall stay the enforcement of the penalty on
48-9 finding that the alleged facts are true. The person who files an
48-10 affidavit has the burden of proving that the person is financially
48-11 unable to pay the penalty or to give a supersedeas bond.
48-12 Sec. 501.109. COLLECTION OF PENALTY. (a) If the person
48-13 does not pay the penalty and the enforcement of the penalty is not
48-14 stayed, the penalty may be collected.
48-15 (b) The attorney general may sue to collect the penalty.
48-16 Sec. 501.110. DECISION BY COURT. (a) If the court sustains
48-17 the finding that a violation occurred, the court may uphold or
48-18 reduce the amount of the penalty and order the person to pay the
48-19 full or reduced amount of the penalty.
48-20 (b) If the court does not sustain the finding that a
48-21 violation occurred, the court shall order that a penalty is not
48-22 owed.
48-23 Sec. 501.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
48-24 the person paid the penalty and if the amount of the penalty is
48-25 reduced or the penalty is not upheld by the court, the court shall
48-26 order, when the court's judgment becomes final, that the
48-27 appropriate amount plus accrued interest be remitted to the person
49-1 within 30 days after the date that the judgment of the court
49-2 becomes final.
49-3 (b) The interest accrues at the rate charged on loans to
49-4 depository institutions by the New York Federal Reserve Bank.
49-5 (c) The interest shall be paid for the period beginning on
49-6 the date the penalty is paid and ending on the date the penalty is
49-7 remitted.
49-8 Sec. 501.112. RELEASE OF BOND. (a) If the person gave a
49-9 supersedeas bond and the penalty is not upheld by the court, the
49-10 court shall order, when the court's judgment becomes final, the
49-11 release of the bond.
49-12 (b) If the person gave a supersedeas bond and the amount of
49-13 the penalty is reduced, the court shall order the release of the
49-14 bond after the person pays the reduced amount.
49-15 Sec. 501.113. ADMINISTRATIVE PROCEDURE. A proceeding to
49-16 impose the penalty is considered to be a contested case under
49-17 Chapter 2001, Government Code.
49-18 ARTICLE 8. FEES FOR PRIVATE MENTAL HOSPITALS AND CERTAIN OTHER
49-19 MENTAL HEALTH FACILITIES
49-20 SECTION 8.01. Section 577.006, Health and Safety Code, is
49-21 amended to read as follows:
49-22 Sec. 577.006. FEES. (a) The department shall charge each
49-23 hospital an annual license fee for an initial license or a license
49-24 renewal [board by rule shall adopt:]
49-25 [(1) an application fee;]
49-26 [(2) a license fee;]
49-27 [(3) a fee schedule for reviewing the plan of the
50-1 hospital or facility premises; and]
50-2 [(4) a fee schedule for field surveys of construction
50-3 plans].
50-4 (b) The board by rule shall adopt the fees authorized by
50-5 Subsection (a) according to a schedule under which the number of
50-6 beds in the hospital determines the amount of the fee. The fee may
50-7 not exceed $15 a bed. A minimum license fee may be established.
50-8 The minimum fee may not exceed $1,000 [department may establish
50-9 staggered license renewal dates and dates on which fees are due].
50-10 (c) The board by rule shall adopt fees for hospital plan
50-11 reviews according to a schedule under which the amount of the fees
50-12 are based on the estimated construction costs. [A fee adopted
50-13 under this chapter must be based on the estimated cost to and the
50-14 level of effort expended by the department to conduct the activity
50-15 for which the fee is imposed.]
50-16 (d) The fees imposed under the schedule may not exceed the
50-17 following:
50-18 Cost of Construction Fee
50-19 (1) $ 100,000 or less $ 500
50-20 (2) $ 100,001 - $ 600,000 $1,500
50-21 (3) $ 600,001 - $ 2,000,000 $3,000
50-22 (4) $ 2,000,001 - $ 5,000,000 $4,500
50-23 (5) $ 5,000,001 - $10,000,000 $6,000
50-24 (6) $10,000,001 and over $7,500
50-25 [The fees should be designed to recover all of the department's
50-26 cost in granting the initial license and in renewing the license,
50-27 but may not exceed $250.]
51-1 (e) The department shall charge a fee for field surveys of
51-2 construction plans reviewed under this section. The board by rule
51-3 shall adopt a fee schedule for the surveys that provides a minimum
51-4 fee of $500 and a maximum fee of $1,000 for each survey conducted
51-5 [fee for a plan review or field survey may not exceed $650].
51-6 (f) The department annually shall review the fee schedules
51-7 to ensure that the fees charged are based on the estimated costs to
51-8 and level of effort expended by the department.
51-9 (g) The department may establish staggered license renewal
51-10 dates and dates on which fees are due.
51-11 (h) A fee adopted under this chapter must be based on the
51-12 estimated cost to and level of effort expended by the department to
51-13 conduct the activity for which the fee is imposed.
51-14 (i) All license fees collected shall be deposited in the
51-15 state treasury to the credit of the department to administer and
51-16 enforce this chapter. These fees may be appropriated only to the
51-17 department. [Fees collected under this chapter shall be deposited
51-18 in the state treasury in a separate fund and may be appropriated
51-19 for salaries, maintenance, travel expenses, repairs, printing,
51-20 postage, and other uses and purposes prescribed by this subtitle.]
51-21 ARTICLE 9. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
51-22 RADIATION ADVISORY BOARD
51-23 SECTION 9.01. Section 401.015, Health and Safety Code, is
51-24 amended by adding Subsections (d), (e), and (f) to read as follows:
51-25 (d) In this subsection, "Texas trade association" means a
51-26 cooperative and voluntarily joined association of business or
51-27 professional competitors in this state designed to assist its
52-1 members and its industry or profession in dealing with mutual
52-2 business or professional problems and in promoting their common
52-3 interest. A person may not be a member of the advisory board if:
52-4 (1) the person is an officer, employee, or paid
52-5 consultant of a Texas trade association in the field of health
52-6 physics or radiological health; or
52-7 (2) the person's spouse is an officer, manager, or
52-8 paid consultant of a Texas trade association in the field of health
52-9 physics or radiological health.
52-10 (e) A person may not be a member of the advisory board or
52-11 act as the general counsel to the advisory board if the person is
52-12 required to register as a lobbyist under Chapter 305, Government
52-13 Code, because of the person's activities for compensation on behalf
52-14 of a profession related to the operation of the advisory board.
52-15 (f) Appointments to the advisory board shall be made without
52-16 regard to the race, color, disability, sex, religion, age, or
52-17 national origin of the appointees.
52-18 SECTION 9.02. Subchapter B, Chapter 401, Health and Safety
52-19 Code, is amended by adding Sections 401.0151 through 401.0153 to
52-20 read as follows:
52-21 Sec. 401.0151. TRAINING FOR ADVISORY BOARD MEMBERS. (a) A
52-22 person who is appointed to and qualifies for office as a member of
52-23 the advisory board may not vote, deliberate, or be counted as a
52-24 member in attendance at a meeting of the advisory board until the
52-25 person completes a training program that complies with this
52-26 section.
52-27 (b) The training program must provide the person with
53-1 information regarding:
53-2 (1) the legislation that created the advisory board;
53-3 (2) the role and functions of the advisory board;
53-4 (3) the rules of the advisory board and applicable
53-5 rules of the department with an emphasis on the rules that relate
53-6 to disciplinary and investigatory authority;
53-7 (4) the requirements of:
53-8 (A) the open meetings law, Chapter 551,
53-9 Government Code;
53-10 (B) the public information law, Chapter 552,
53-11 Government Code;
53-12 (C) the administrative procedure law, Chapter
53-13 2001, Government Code; and
53-14 (D) other laws relating to public officials,
53-15 including conflict-of-interest laws; and
53-16 (5) any applicable ethics policies adopted by the
53-17 advisory board or the Texas Ethics Commission.
53-18 (c) A person appointed to the advisory board is entitled to
53-19 reimbursement, as provided by the General Appropriations Act, for
53-20 the travel expenses incurred in attending the training program
53-21 regardless of whether the attendance at the program occurs before
53-22 or after the person qualifies for office.
53-23 Sec. 401.0152. INFORMATION ABOUT STANDARDS OF CONDUCT. The
53-24 commissioner or the commissioner's designee shall provide to
53-25 members of the advisory board, as often as necessary, information
53-26 regarding the requirements for office under this subchapter,
53-27 including information regarding a person's responsibilities under
54-1 applicable laws relating to standards of conduct for state
54-2 officers.
54-3 Sec. 401.0153. GROUNDS FOR REMOVAL. (a) It is a ground for
54-4 removal from the advisory board that a member:
54-5 (1) does not have at the time of taking office the
54-6 qualifications required by Section 401.015(a);
54-7 (2) does not maintain during service on the advisory
54-8 board the qualifications required by Section 401.015(a);
54-9 (3) is ineligible for membership under Section
54-10 401.015(c), (d), or (e);
54-11 (4) cannot, because of illness or disability,
54-12 discharge the member's duties for a substantial part of the
54-13 member's term; or
54-14 (5) is absent from more than half of the regularly
54-15 scheduled advisory board meetings that the member is eligible to
54-16 attend during a calendar year without an excuse approved by a
54-17 majority vote of the advisory board.
54-18 (b) The validity of an action of the advisory board is not
54-19 affected by the fact that it is taken when a ground for removal of
54-20 an advisory board member exists.
54-21 (c) If the commissioner has knowledge that a potential
54-22 ground for removal exists, the commissioner shall notify the
54-23 advisory board chairman of the potential ground. The advisory
54-24 board chairman shall then notify the governor and the attorney
54-25 general that a potential ground for removal exists. If the
54-26 potential ground for removal involves the advisory board chairman,
54-27 the commissioner shall notify the next highest ranking officer of
55-1 the advisory board, who shall then notify the governor and the
55-2 attorney general that a potential ground for removal exists.
55-3 SECTION 9.03. Section 401.016, Health and Safety Code, is
55-4 amended to read as follows:
55-5 Sec. 401.016. OFFICERS. (a) The governor shall designate a
55-6 member of the advisory board as the advisory board chairman to
55-7 serve in that capacity at the will of the governor.
55-8 (b) The advisory board shall elect from its members a
55-9 [chairman,] vice-chairman[,] and secretary.
55-10 SECTION 9.04. Subchapter B, Chapter 401, Health and Safety
55-11 Code, is amended by adding Section 401.0181 to read as follows:
55-12 Sec. 401.0181. PUBLIC TESTIMONY. The advisory board shall
55-13 develop and implement policies that provide the public with a
55-14 reasonable opportunity to appear before the advisory board and to
55-15 speak on any issue under the jurisdiction of the advisory board.
55-16 SECTION 9.05. The changes in law made by this Act in the
55-17 prohibitions applying to members of the radiation advisory board do
55-18 not affect the entitlement of a member serving on the board
55-19 immediately before September 1, 1999, to continue to serve and
55-20 function as a member of the board for the remainder of the member's
55-21 term. The changes in law apply only to a member appointed on or
55-22 after September 1, 1999. The changes in law made by this Act do
55-23 not prohibit a person who is a member of the board immediately
55-24 before September 1, 1999, from being reappointed to the board if
55-25 the person is eligible to serve as a member under Chapter 401,
55-26 Health and Safety Code, as amended by this Act.
55-27 ARTICLE 10. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
56-1 COUNCIL ON ALZHEIMER'S DISEASE
56-2 SECTION 10.01. Section 101.002, Health and Safety Code, is
56-3 amended by amending Subsection (c) and adding Subsection (d) to
56-4 read as follows:
56-5 (c) The governor shall designate a member [members] of the
56-6 council who is not [shall annually elect a chairman from the
56-7 council, except that] an agency representative as the chairman of
56-8 the council to serve in that capacity at the will of the governor
56-9 [may not serve as the chairman].
56-10 (d) Appointments to the council shall be made without regard
56-11 to the race, color, disability, sex, religion, age, or national
56-12 origin of the appointees.
56-13 SECTION 10.02. Chapter 101, Health and Safety Code, is
56-14 amended by adding Sections 101.0021 through 101.0023 to read as
56-15 follows:
56-16 Sec. 101.0021. CONFLICT OF INTEREST. (a) In this section,
56-17 "Texas trade association" means a cooperative and voluntarily
56-18 joined association of business or professional competitors in this
56-19 state designed to assist its members and its industry or profession
56-20 in dealing with mutual business or professional problems and in
56-21 promoting their common interest.
56-22 (b) A person may not be a member of the council if:
56-23 (1) the person is an officer, employee, or paid
56-24 consultant of a Texas trade association in the field of medicine;
56-25 or
56-26 (2) the person's spouse is an officer, manager, or
56-27 paid consultant of a Texas trade association in the field of
57-1 medicine.
57-2 (c) A person may not be a member of the council if the
57-3 person is required to register as a lobbyist under Chapter 305,
57-4 Government Code, because of the person's activities for
57-5 compensation on behalf of a profession related to the operation of
57-6 the council.
57-7 Sec. 101.0022. GROUNDS FOR REMOVAL. (a) It is a ground for
57-8 removal from the council that a member:
57-9 (1) does not have at the time of taking office the
57-10 qualifications required by Section 101.002(a);
57-11 (2) does not maintain during service on the council
57-12 the qualifications required by Section 101.002(a);
57-13 (3) is ineligible for membership under Section
57-14 101.0021;
57-15 (4) cannot, because of illness or disability,
57-16 discharge the member's duties for a substantial part of the
57-17 member's term; or
57-18 (5) is absent from more than half of the regularly
57-19 scheduled council meetings that the member is eligible to attend
57-20 during a calendar year without an excuse approved by a majority
57-21 vote of the council.
57-22 (b) The validity of an action of the council is not affected
57-23 by the fact that it is taken when a ground for removal of a council
57-24 member exists.
57-25 (c) If the commissioner has knowledge that a potential
57-26 ground for removal exists, the commissioner shall notify the
57-27 chairman of the council of the potential ground. The chairman
58-1 shall then notify the governor and the attorney general that a
58-2 potential ground for removal exists. If the potential ground for
58-3 removal involves the chairman, the commissioner shall notify the
58-4 next highest ranking officer of the council, who shall then notify
58-5 the governor and the attorney general that a potential ground for
58-6 removal exists.
58-7 Sec. 101.0023. TRAINING. (a) A person who is appointed to
58-8 and qualifies for office as a member of the council may not vote,
58-9 deliberate, or be counted as a member in attendance at a meeting of
58-10 the council until the person completes a training program that
58-11 complies with this section.
58-12 (b) The training program must provide the person with
58-13 information regarding:
58-14 (1) the legislation that created the council;
58-15 (2) the programs operated by the council;
58-16 (3) the role and functions of the council;
58-17 (4) the rules of the council;
58-18 (5) the current budget for the council;
58-19 (6) the results of the most recent formal audit of the
58-20 council;
58-21 (7) the requirements of:
58-22 (A) the open meetings law, Chapter 551,
58-23 Government Code;
58-24 (B) the public information law, Chapter 552,
58-25 Government Code;
58-26 (C) the administrative procedure law, Chapter
58-27 2001, Government Code; and
59-1 (D) other laws relating to public officials,
59-2 including conflict-of-interest laws; and
59-3 (8) any applicable ethics policies adopted by the
59-4 council or the Texas Ethics Commission.
59-5 (c) A person appointed to the council is entitled to
59-6 reimbursement, as provided by the General Appropriations Act, for
59-7 the travel expenses incurred in attending the training program
59-8 regardless of whether the attendance at the program occurs before
59-9 or after the person qualifies for office.
59-10 SECTION 10.03. Chapter 101, Health and Safety Code, is
59-11 amended by adding Section 101.0065 to read as follows:
59-12 Sec. 101.0065. PUBLIC TESTIMONY. The council shall develop
59-13 and implement policies that provide the public with a reasonable
59-14 opportunity to appear before the council and to speak on any issue
59-15 under the jurisdiction of the council.
59-16 SECTION 10.04. Chapter 101, Health and Safety Code, is
59-17 amended by adding Section 101.0075 to read as follows:
59-18 Sec. 101.0075. DIVISION OF POLICY AND MANAGEMENT
59-19 RESPONSIBILITIES. The council shall develop and implement policies
59-20 that clearly separate the policymaking responsibilities of the
59-21 council and the management responsibilities of the commissioner and
59-22 the staff of the department.
59-23 SECTION 10.05. Chapter 101, Health and Safety Code, is
59-24 amended by adding Section 101.0081 to read as follows:
59-25 Sec. 101.0081. INFORMATION ABOUT STANDARDS OF CONDUCT. The
59-26 commissioner or the commissioner's designee shall provide to
59-27 members of the council, as often as necessary, information
60-1 regarding the requirements for office under this chapter, including
60-2 information regarding a person's responsibilities under applicable
60-3 laws relating to standards of conduct for state officers.
60-4 SECTION 10.06. The changes in law made by this Act in the
60-5 prohibitions applying to members of the Texas Council on
60-6 Alzheimer's Disease and Related Disorders do not affect the
60-7 entitlement of a member serving on the council immediately before
60-8 September 1, 1999, to continue to serve and function as a member of
60-9 the council for the remainder of the member's term. The changes in
60-10 law apply only to a member appointed on or after September 1, 1999.
60-11 The changes in law made by this Act do not prohibit a person who is
60-12 a member of the council immediately before September 1, 1999, from
60-13 being reappointed to the council if the person is eligible to serve
60-14 as a member under Chapter 101, Health and Safety Code, as amended
60-15 by this Act.
60-16 ARTICLE 11. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
60-17 TO THE STATEWIDE HEALTH COORDINATING COUNCIL
60-18 SECTION 11.01. Section 104.011, Health and Safety Code, is
60-19 amended by adding Subsections (c) and (d) to read as follows:
60-20 (c) The governor shall designate a member of the council as
60-21 the presiding officer of the council to serve in that capacity at
60-22 the will of the governor.
60-23 (d) Appointments to the council shall be made without regard
60-24 to the race, color, disability, sex, religion, age, or national
60-25 origin of the appointees.
60-26 SECTION 11.02. Subchapter B, Chapter 104, Health and Safety
60-27 Code, is amended by adding Sections 104.0111 through 104.0113 to
61-1 read as follows:
61-2 Sec. 104.0111. CONFLICT OF INTEREST. (a) In this section,
61-3 "Texas trade association" means a cooperative and voluntarily
61-4 joined association of business or professional competitors in this
61-5 state designed to assist its members and its industry or profession
61-6 in dealing with mutual business or professional problems and in
61-7 promoting their common interest.
61-8 (b) A person may not be a member of the statewide health
61-9 coordinating council if:
61-10 (1) the person is an officer, employee, or paid
61-11 consultant of a Texas trade association in the field of medicine;
61-12 or
61-13 (2) the person's spouse is an officer, manager, or
61-14 paid consultant of a Texas trade association in the field of
61-15 medicine.
61-16 (c) A person may not be a member of the council if the
61-17 person is required to register as a lobbyist under Chapter 305,
61-18 Government Code, because of the person's activities for
61-19 compensation on behalf of a profession related to the operation of
61-20 the council.
61-21 Sec. 104.0112. GROUNDS FOR REMOVAL. (a) It is a ground for
61-22 removal from the statewide health coordinating council that a
61-23 member:
61-24 (1) does not have at the time of taking office the
61-25 qualifications required by Section 104.011(a);
61-26 (2) does not maintain during service on the council
61-27 the qualifications required by Section 104.011(a);
62-1 (3) is ineligible for membership under Section
62-2 104.0111;
62-3 (4) cannot, because of illness or disability,
62-4 discharge the member's duties for a substantial part of the
62-5 member's term; or
62-6 (5) is absent from more than half of the regularly
62-7 scheduled council meetings that the member is eligible to attend
62-8 during a calendar year without an excuse approved by a majority
62-9 vote of the council.
62-10 (b) The validity of an action of the council is not affected
62-11 by the fact that it is taken when a ground for removal of a council
62-12 member exists.
62-13 (c) If the commissioner has knowledge that a potential
62-14 ground for removal exists, the commissioner shall notify the
62-15 presiding officer of the council of the potential ground. The
62-16 presiding officer shall then notify the governor and the attorney
62-17 general that a potential ground for removal exists. If the
62-18 potential ground for removal involves the presiding officer, the
62-19 commissioner shall notify the next highest ranking officer of the
62-20 council, who shall then notify the governor and the attorney
62-21 general that a potential ground for removal exists.
62-22 Sec. 104.0113. TRAINING. (a) A person who is appointed to
62-23 and qualifies for office as a member of the statewide health
62-24 coordinating council may not vote, deliberate, or be counted as a
62-25 member in attendance at a meeting of the council until the person
62-26 completes a training program that complies with this section.
62-27 (b) The training program must provide the person with
63-1 information regarding:
63-2 (1) the legislation that created the council;
63-3 (2) the programs operated by the council;
63-4 (3) the role and functions of the council;
63-5 (4) the rules of the council;
63-6 (5) the current budget for the council;
63-7 (6) the results of the most recent formal audit of the
63-8 council;
63-9 (7) the requirements of:
63-10 (A) the open meetings law, Chapter 551,
63-11 Government Code;
63-12 (B) the public information law, Chapter 552,
63-13 Government Code;
63-14 (C) the administrative procedure law, Chapter
63-15 2001, Government Code; and
63-16 (D) other laws relating to public officials,
63-17 including conflict-of-interest laws; and
63-18 (8) any applicable ethics policies adopted by the
63-19 council or the Texas Ethics Commission.
63-20 (c) A person appointed to the council is entitled to
63-21 reimbursement, as provided by the General Appropriations Act, for
63-22 the travel expenses incurred in attending the training program
63-23 regardless of whether the attendance at the program occurs before
63-24 or after the person qualifies for office.
63-25 SECTION 11.03. Subchapter B, Chapter 104, Health and Safety
63-26 Code, is amended by adding Sections 104.0141 and 104.0142 to read
63-27 as follows:
64-1 Sec. 104.0141. DIVISION OF POLICY AND MANAGEMENT
64-2 RESPONSIBILITIES. The statewide health coordinating council shall
64-3 develop and implement policies that clearly separate the
64-4 policymaking responsibilities of the council and the management
64-5 responsibilities of the commissioner and the staff of the
64-6 department.
64-7 Sec. 104.0142. INFORMATION ABOUT STANDARDS OF CONDUCT. The
64-8 commissioner or the commissioner's designee shall provide to
64-9 members of the statewide health coordinating council, as often as
64-10 necessary, information regarding the requirements for office under
64-11 this chapter, including information regarding a person's
64-12 responsibilities under applicable laws relating to standards of
64-13 conduct for state officers.
64-14 SECTION 11.04. Subchapter B, Chapter 104, Health and Safety
64-15 Code, is amended by adding Section 104.016 to read as follows:
64-16 Sec. 104.016. PUBLIC TESTIMONY. The statewide health
64-17 coordinating council shall develop and implement policies that
64-18 provide the public with a reasonable opportunity to appear before
64-19 the council and to speak on any issue under the jurisdiction of the
64-20 council.
64-21 SECTION 11.05. The changes in law made by this Act in the
64-22 prohibitions applying to members of the statewide health
64-23 coordinating council do not affect the entitlement of a member
64-24 serving on the council immediately before September 1, 1999, to
64-25 continue to serve and function as a member of the council for the
64-26 remainder of the member's term. The changes in law apply only to a
64-27 member appointed on or after September 1, 1999. The changes in law
65-1 made by this Act do not prohibit a person who is a member of the
65-2 council immediately before September 1, 1999, from being
65-3 reappointed to the council if the person is eligible to serve as a
65-4 member under Chapter 104, Health and Safety Code, as amended by
65-5 this Act.
65-6 ARTICLE 12. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
65-7 TO THE TEXAS DIABETES COUNCIL
65-8 SECTION 12.01. Section 103.002(d), Health and Safety Code,
65-9 is amended to read as follows:
65-10 (d) Appointments to the council shall be made without regard
65-11 to the race, color, disability, creed, sex, religion, age, or
65-12 national origin of the appointees.
65-13 SECTION 12.02. Section 103.006, Health and Safety Code, is
65-14 amended to read as follows:
65-15 Sec. 103.006. CHAIRMAN. The governor shall designate a
65-16 member of the council as the [Council members shall annually elect
65-17 one citizen member to serve as] chairman of the council to serve in
65-18 that capacity at the will of the governor.
65-19 SECTION 12.03. Chapter 103, Health and Safety Code, is
65-20 amended by adding Sections 103.0024 and 103.0025 to read as
65-21 follows:
65-22 Sec. 103.0024. TRAINING. (a) A person who is appointed to
65-23 and qualifies for office as a member of the council may not vote,
65-24 deliberate, or be counted as a member in attendance at a meeting of
65-25 the council until the person completes a training program that
65-26 complies with this section.
65-27 (b) The training program must provide the person with
66-1 information regarding:
66-2 (1) the legislation that created the council;
66-3 (2) the programs operated by the council;
66-4 (3) the role and functions of the council;
66-5 (4) the rules of the council;
66-6 (5) the current budget for the council;
66-7 (6) the results of the most recent formal audit of the
66-8 council;
66-9 (7) the requirements of:
66-10 (A) the open meetings law, Chapter 551,
66-11 Government Code;
66-12 (B) the public information law, Chapter 552,
66-13 Government Code;
66-14 (C) the administrative procedure law, Chapter
66-15 2001, Government Code; and
66-16 (D) other laws relating to public officials,
66-17 including conflict-of-interest laws; and
66-18 (8) any applicable ethics policies adopted by the
66-19 council or the Texas Ethics Commission.
66-20 (c) A person appointed to the council is entitled to
66-21 reimbursement, as provided by the General Appropriations Act, for
66-22 the travel expenses incurred in attending the training program
66-23 regardless of whether the attendance at the program occurs before
66-24 or after the person qualifies for office.
66-25 Sec. 103.0025. INFORMATION ABOUT STANDARDS OF CONDUCT. The
66-26 commissioner or the commissioner's designee shall provide to
66-27 members of the council, as often as necessary, information
67-1 regarding the requirements for office under this chapter, including
67-2 information regarding a person's responsibilities under applicable
67-3 laws relating to standards of conduct for state officers.
67-4 SECTION 12.04. Chapter 103, Health and Safety Code, is
67-5 amended by adding Section 103.0105 to read as follows:
67-6 Sec. 103.0105. DIVISION OF POLICY AND MANAGEMENT
67-7 RESPONSIBILITIES. The council shall develop and implement policies
67-8 that clearly separate the policymaking responsibilities of the
67-9 council and the management responsibilities of the commissioner and
67-10 the staff of the department.
67-11 SECTION 12.05. The changes in law made by this Act in the
67-12 prohibitions applying to members of the Texas Diabetes Council do
67-13 not affect the entitlement of a member serving on the council
67-14 immediately before September 1, 1999, to continue to serve and
67-15 function as a member of the council for the remainder of the
67-16 member's term. The changes in law apply only to a member appointed
67-17 on or after September 1, 1999.
67-18 ARTICLE 13. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
67-19 TO THE ADVISORY BOARD OF ATHLETIC TRAINERS
67-20 SECTION 13.01. Section 2, Chapter 498, Acts of the 62nd
67-21 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
67-22 Civil Statutes), is amended by amending Subsections (a) and (b) and
67-23 adding Subsection (e) to read as follows:
67-24 (a) The Advisory Board of Athletic Trainers, composed of six
67-25 members, is created. The board is created as a part of the State
67-26 Department of Health and shall perform its duties as a board within
67-27 the State Department of Health. To qualify as a member, a person
68-1 must be a citizen of the United States and a resident of Texas for
68-2 five years immediately preceding appointment. Four members
68-3 [Members] must be licensed athletic trainers. Two members must be
68-4 representatives of the general public. A person may not be a
68-5 public member of the board if the person or the person's spouse:
68-6 (1) is registered, certified, or licensed by a
68-7 regulatory agency in the field of athletic training;
68-8 (2) is employed by or participates in the management
68-9 of a business entity or other organization regulated by or
68-10 receiving money from the board;
68-11 (3) owns or controls, directly or indirectly, more
68-12 than a 10 percent interest in a business entity or other
68-13 organization regulated by or receiving money from the board; or
68-14 (4) uses or receives a substantial amount of tangible
68-15 goods, services, or money from the board other than compensation or
68-16 reimbursement authorized by law for board membership, attendance,
68-17 or expenses.
68-18 (b) The members of the board shall be appointed by the
68-19 governor with the advice and consent of the Senate. Members
68-20 [Except for the initial appointees, members] hold office for terms
68-21 of six years. The terms of two members expire on January 31 of
68-22 each odd-numbered year [years].
68-23 (e) Appointments to the board shall be made without regard
68-24 to the race, color, disability, sex, religion, age, or national
68-25 origin of the appointees.
68-26 SECTION 13.02. Chapter 498, Acts of the 62nd Legislature,
68-27 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
69-1 Statutes), is amended by adding Sections 2B, 2C, 2D, 2E, and 2F to
69-2 read as follows:
69-3 Sec. 2B. CONFLICT OF INTEREST. (a) In this section, "Texas
69-4 trade association" means a cooperative and voluntarily joined
69-5 association of business or professional competitors in this state
69-6 designed to assist its members and its industry or profession in
69-7 dealing with mutual business or professional problems and in
69-8 promoting their common interest.
69-9 (b) A person may not be a member of the board if:
69-10 (1) the person is an officer, employee, or paid
69-11 consultant of a Texas trade association in the field of athletic
69-12 training; or
69-13 (2) the person's spouse is an officer, manager, or
69-14 paid consultant of a Texas trade association in the field of
69-15 athletic training.
69-16 (c) A person may not be a member of the board if the person
69-17 is required to register as a lobbyist under Chapter 305, Government
69-18 Code, because of the person's activities for compensation on behalf
69-19 of a profession related to the operation of the board.
69-20 Sec. 2C. GROUNDS FOR REMOVAL. (a) It is a ground for
69-21 removal from the board that a member:
69-22 (1) does not have at the time of taking office the
69-23 qualifications required by Subsection (a) of Section 2 of this Act;
69-24 (2) does not maintain during service on the board the
69-25 qualifications required by Subsection (a) of Section 2 of this Act;
69-26 (3) is ineligible for membership under Section 2B of
69-27 this Act;
70-1 (4) cannot, because of illness or disability,
70-2 discharge the member's duties for a substantial part of the
70-3 member's term; or
70-4 (5) is absent from more than half of the regularly
70-5 scheduled board meetings that the member is eligible to attend
70-6 during a calendar year without an excuse approved by a majority
70-7 vote of the board.
70-8 (b) The validity of an action of the board is not affected
70-9 by the fact that it is taken when a ground for removal of a board
70-10 member exists.
70-11 (c) If the commissioner of public health has knowledge that
70-12 a potential ground for removal exists, the commissioner shall
70-13 notify the chairman of the board of the potential ground. The
70-14 chairman shall then notify the governor and the attorney general
70-15 that a potential ground for removal exists. If the potential
70-16 ground for removal involves the chairman, the commissioner shall
70-17 notify the next highest ranking officer of the board, who shall
70-18 then notify the governor and the attorney general that a potential
70-19 ground for removal exists.
70-20 Sec. 2D. TRAINING. (a) A person who is appointed to and
70-21 qualifies for office as a member of the board may not vote,
70-22 deliberate, or be counted as a member in attendance at a meeting of
70-23 the board until the person completes a training program that
70-24 complies with this section.
70-25 (b) The training program must provide the person with
70-26 information regarding:
70-27 (1) the legislation that created the board;
71-1 (2) the programs operated by the board;
71-2 (3) the role and functions of the board;
71-3 (4) the rules of the board with an emphasis on the
71-4 rules that relate to disciplinary and investigatory authority;
71-5 (5) the current budget for the board;
71-6 (6) the results of the most recent formal audit of the
71-7 board;
71-8 (7) the requirements of:
71-9 (A) the open meetings law, Chapter 551,
71-10 Government Code;
71-11 (B) the public information law, Chapter 552,
71-12 Government Code;
71-13 (C) the administrative procedure law, Chapter
71-14 2001, Government Code; and
71-15 (D) other laws relating to public officials,
71-16 including conflict-of-interest laws; and
71-17 (8) any applicable ethics policies adopted by the
71-18 board or the Texas Ethics Commission.
71-19 (c) A person appointed to the board is entitled to
71-20 reimbursement, as provided by the General Appropriations Act, for
71-21 the travel expenses incurred in attending the training program
71-22 regardless of whether the attendance at the program occurs before
71-23 or after the person qualifies for office.
71-24 Sec. 2E. INFORMATION ABOUT STANDARDS OF CONDUCT. The
71-25 commissioner of public health or the commissioner's designee shall
71-26 provide to members of the board, as often as necessary, information
71-27 regarding the requirements for office under this Act, including
72-1 information regarding a person's responsibilities under applicable
72-2 laws relating to standards of conduct for state officers.
72-3 Sec. 2F. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.
72-4 The board shall develop and implement policies that clearly
72-5 separate the policymaking responsibilities of the board and the
72-6 management responsibilities of the commissioner of public health
72-7 and the staff of the Texas Department of Health.
72-8 SECTION 13.03. Section 3, Chapter 498, Acts of the 62nd
72-9 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
72-10 Civil Statutes), is amended by amending Subsection (a) and adding
72-11 Subsection (d) to read as follows:
72-12 (a) The governor shall designate a member of the board as
72-13 the chairman of the board to serve in that capacity at the will of
72-14 the governor. The board shall elect from its members for a term of
72-15 one year[,] a [chairman,] vice chairman[,] and secretary-treasurer,
72-16 and may appoint such committees as it considers necessary to carry
72-17 out its duties.
72-18 (d) The board shall develop and implement policies that
72-19 provide the public with a reasonable opportunity to appear before
72-20 the board and to speak on any issue under the jurisdiction of the
72-21 board.
72-22 SECTION 13.04. Chapter 498, Acts of the 62nd Legislature,
72-23 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
72-24 Statutes), is amended by adding Section 4A to read as follows:
72-25 Sec. 4A. COMPLAINTS. (a) The board shall maintain a file
72-26 on each written complaint filed with the board. The file must
72-27 include:
73-1 (1) the name of the person who filed the complaint;
73-2 (2) the date the complaint is received by the board;
73-3 (3) the subject matter of the complaint;
73-4 (4) the name of each person contacted in relation to
73-5 the complaint;
73-6 (5) a summary of the results of the review or
73-7 investigation of the complaint; and
73-8 (6) an explanation of the reason the file was closed,
73-9 if the board closed the file without taking action other than to
73-10 investigate the complaint.
73-11 (b) The board shall provide to the person filing the
73-12 complaint and to each person who is a subject of the complaint a
73-13 copy of the board's policies and procedures relating to complaint
73-14 investigation and resolution.
73-15 (c) The board, at least quarterly until final disposition of
73-16 the complaint, shall notify the person filing the complaint and
73-17 each person who is a subject of the complaint of the status of the
73-18 investigation unless the notice would jeopardize an undercover
73-19 investigation.
73-20 SECTION 13.05. Section 5, Chapter 498, Acts of the 62nd
73-21 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
73-22 Civil Statutes), is amended by amending Subsection (c) and adding
73-23 Subsection (j) to read as follows:
73-24 (c) The board shall [establish guidelines, which may include
73-25 requirements for continuing education, for athletic trainers in the
73-26 state and] prepare and conduct an examination for applicants for a
73-27 license.
74-1 (j) The board shall recognize, prepare, or administer
74-2 continuing education programs for its license holders. A license
74-3 holder must participate in the programs to the extent required by
74-4 the board to keep the person's license.
74-5 SECTION 13.06. Chapter 498, Acts of the 62nd Legislature,
74-6 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
74-7 Statutes), is amended by adding Section 5A to read as follows:
74-8 Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
74-9 (a) The board may not adopt rules restricting advertising or
74-10 competitive bidding by a license holder except to prohibit false,
74-11 misleading, or deceptive practices.
74-12 (b) In its rules to prohibit false, misleading, or deceptive
74-13 practices, the board may not include a rule that:
74-14 (1) restricts the use of any medium for advertising;
74-15 (2) restricts the use of a license holder's personal
74-16 appearance or voice in an advertisement;
74-17 (3) relates to the size or duration of an
74-18 advertisement by the license holder; or
74-19 (4) restricts the license holder's advertisement under
74-20 a trade name.
74-21 SECTION 13.07. Section 11, Chapter 498, Acts of the 62nd
74-22 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
74-23 Civil Statutes), is amended by amending Subsections (b)-(e) to read
74-24 as follows:
74-25 (b) A person who is otherwise eligible to renew a license
74-26 may renew an unexpired license by paying to the board before the
74-27 expiration date of the license the required renewal fee. A person
75-1 whose license has expired may not engage in activities that require
75-2 a license until the license has been renewed.
75-3 (c) If a person's license has been expired for not longer
75-4 than 90 days, the person may renew the license by paying to the
75-5 board a renewal fee that is 1-1/2 times the normally required
75-6 renewal fee [and a fee that is one-half of the examination fee for
75-7 the license].
75-8 (d) If a person's license has been expired for longer than
75-9 90 days but less than one year [two years], the person may renew
75-10 the license by paying to the board [all unpaid renewal fees and] a
75-11 renewal fee that is equal to two times the normally required
75-12 renewal [the examination] fee for the license.
75-13 (e) If a person's license has been expired for one year [two
75-14 years] or longer, the person may not renew the license. The person
75-15 may obtain a new license by submitting to reexamination and
75-16 complying with the requirements and procedures for obtaining an
75-17 original license. However, the board may renew without
75-18 reexamination an expired license of a person who was licensed in
75-19 Texas, moved to another state, and is currently licensed and has
75-20 been in practice in the other state for the two years preceding the
75-21 date of application. The person must pay to the board a fee that
75-22 is equal to two times the normally required renewal [the
75-23 examination] fee for the license.
75-24 SECTION 13.08. Section 12, Chapter 498, Acts of the 62nd
75-25 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
75-26 Civil Statutes), is amended to read as follows:
75-27 Sec. 12. GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
76-1 LICENSE. (a) The board may refuse to issue a license to an
76-2 applicant and shall reprimand a licensee or [may] suspend, [or]
76-3 revoke, or refuse to renew the license of any licensee if he has:
76-4 (1) been convicted of a felony or misdemeanor
76-5 involving moral turpitude, the record of conviction being
76-6 conclusive evidence of conviction; [or]
76-7 (2) secured [secure] the license by fraud or deceit;
76-8 or
76-9 (3) violated or conspired to violate the provisions of
76-10 this Act or rules and regulations issued pursuant to this Act.
76-11 (b) The board may place on probation a person whose license
76-12 is suspended. If a suspension is probated, the board may require
76-13 the person:
76-14 (1) to report regularly to the board on matters that
76-15 are the basis of the probation;
76-16 (2) to limit practice to the areas prescribed by the
76-17 board; or
76-18 (3) to continue or review professional education until
76-19 the person attains a degree of skill satisfactory to the board in
76-20 those areas that are the basis of the probation.
76-21 SECTION 13.09. Chapter 498, Acts of the 62nd Legislature,
76-22 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
76-23 Statutes), is amended by adding Sections 15A and 15B to read as
76-24 follows:
76-25 Sec. 15A. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
76-26 board may impose an administrative penalty on a person licensed
76-27 under this Act who violates this Act or a rule or order adopted
77-1 under this Act. A penalty collected under this section or Section
77-2 15B of this Act shall be deposited in the state treasury in the
77-3 general revenue fund.
77-4 (b) A proceeding to impose the penalty is considered to be a
77-5 contested case under Chapter 2001, Government Code.
77-6 (c) The amount of the penalty may not exceed $500 for each
77-7 violation, and each day a violation continues or occurs is a
77-8 separate violation for purposes of imposing a penalty.
77-9 (d) The amount shall be based on:
77-10 (1) the seriousness of the violation, including the
77-11 nature, circumstances, extent, and gravity of the violation;
77-12 (2) the threat to health or safety caused by the
77-13 violation;
77-14 (3) the history of previous violations;
77-15 (4) the amount necessary to deter a future violation;
77-16 (5) whether the violator demonstrated good faith,
77-17 including when applicable whether the violator made good faith
77-18 efforts to correct the violation; and
77-19 (6) any other matter that justice may require.
77-20 (e) If the executive secretary determines that a violation
77-21 occurred, the executive secretary shall give written notice of the
77-22 violation by certified mail to the person.
77-23 (f) The notice under Subsection (e) of this section must:
77-24 (1) include a brief summary of the alleged violation;
77-25 (2) state the amount of the recommended penalty; and
77-26 (3) inform the person of the person's right to a
77-27 hearing on the occurrence of the violation, the amount of the
78-1 penalty, or both.
78-2 (g) Within 20 days after the date the person receives the
78-3 notice under Subsection (e) of this section, the person in writing
78-4 may:
78-5 (1) accept the determination and recommended penalty
78-6 of the executive secretary; or
78-7 (2) make a request for a hearing on the occurrence of
78-8 the violation, the amount of the penalty, or both.
78-9 (h) If the person accepts the determination and recommended
78-10 penalty or if the person fails to respond to the notice the board
78-11 by order shall approve the determination and impose the recommended
78-12 penalty.
78-13 (i) If the person requests a hearing, the board shall refer
78-14 the matter to the State Office of Administrative Hearings, which
78-15 shall promptly set a hearing date and give written notice of the
78-16 time and place of the hearing to the person. An administrative law
78-17 judge of the State Office of Administrative Hearings shall conduct
78-18 the hearing.
78-19 (j) The administrative law judge shall make findings of fact
78-20 and conclusions of law and promptly issue to the board a proposal
78-21 for a decision about the occurrence of the violation and the amount
78-22 of a proposed penalty.
78-23 (k) Based on the findings of fact, conclusions of law, and
78-24 proposal for a decision, the board by order may:
78-25 (1) find that a violation occurred and impose a
78-26 penalty; or
78-27 (2) find that a violation did not occur.
79-1 (l) The notice of the board's order under Subsection (k) of
79-2 this section that is sent to the person in accordance with Chapter
79-3 2001, Government Code, must include a statement of the right of the
79-4 person to judicial review of the order.
79-5 Sec. 15B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
79-6 JUDICIAL REVIEW. (a) Within 30 days after the date an order of
79-7 the board under Subsection (k) of Section 15A of this Act that
79-8 imposes an administrative penalty becomes final, the person shall:
79-9 (1) pay the penalty; or
79-10 (2) file a petition for judicial review of the board's
79-11 order contesting the occurrence of the violation, the amount of the
79-12 penalty, or both.
79-13 (b) Within the 30-day period prescribed by Subsection (a) of
79-14 this section, a person who files a petition for judicial review
79-15 may:
79-16 (1) stay enforcement of the penalty by:
79-17 (A) paying the penalty to the court for
79-18 placement in an escrow account; or
79-19 (B) giving the court a supersedeas bond approved
79-20 by the court that:
79-21 (i) is for the amount of the penalty; and
79-22 (ii) is effective until all judicial
79-23 review of the board's order is final; or
79-24 (2) request the court to stay enforcement of the
79-25 penalty by:
79-26 (A) filing with the court a sworn affidavit of
79-27 the person stating that the person is financially unable to pay the
80-1 penalty and is financially unable to give the supersedeas bond; and
80-2 (B) sending a copy of the affidavit to the board
80-3 by certified mail.
80-4 (c) If the board receives a copy of an affidavit under
80-5 Subsection (b)(2) of this section, the board may file with the
80-6 court, within five days after the date the copy is received, a
80-7 contest to the affidavit. The court shall hold a hearing on the
80-8 facts alleged in the affidavit as soon as practicable and shall
80-9 stay the enforcement of the penalty on finding that the alleged
80-10 facts are true. The person who files an affidavit has the burden
80-11 of proving that the person is financially unable to pay the penalty
80-12 or to give a supersedeas bond.
80-13 (d) If the person does not pay the penalty and the
80-14 enforcement of the penalty is not stayed, the penalty may be
80-15 collected. The attorney general may sue to collect the penalty.
80-16 (e) If the court sustains the finding that a violation
80-17 occurred, the court may uphold or reduce the amount of the penalty
80-18 and order the person to pay the full or reduced amount of the
80-19 penalty.
80-20 (f) If the court does not sustain the finding that a
80-21 violation occurred, the court shall order that a penalty is not
80-22 owed.
80-23 (g) If the person paid the penalty and if the amount of the
80-24 penalty is reduced or the penalty is not upheld by the court, the
80-25 court shall order, when the court's judgment becomes final, that
80-26 the appropriate amount plus accrued interest be remitted to the
80-27 person within 30 days after the date that the judgment of the court
81-1 becomes final. The interest accrues at the rate charged on loans
81-2 to depository institutions by the New York Federal Reserve Bank.
81-3 The interest shall be paid for the period beginning on the date the
81-4 penalty is paid and ending on the date the penalty is remitted.
81-5 (h) If the person gave a supersedeas bond and the penalty is
81-6 not upheld by the court, the court shall order, when the court's
81-7 judgment becomes final, the release of the bond. If the person gave
81-8 a supersedeas bond and the amount of the penalty is reduced, the
81-9 court shall order the release of the bond after the person pays the
81-10 reduced amount.
81-11 SECTION 13.10. (a) The changes in law made by this Act in
81-12 the qualifications and the prohibitions applying to members of the
81-13 Advisory Board of Athletic Trainers do not affect the entitlement
81-14 of a member serving on the board immediately before September 1,
81-15 1999, to continue to serve and function as a member of the board
81-16 for the remainder of the member's term. The changes in law apply
81-17 only to a member appointed on or after September 1, 1999. The
81-18 changes in law made by this Act do not prohibit a person who is a
81-19 member of the board immediately before September 1, 1999, from
81-20 being reappointed to the board if the person has the qualifications
81-21 required for a member under Chapter 498, Acts of the 62nd
81-22 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
81-23 Civil Statutes), as amended by this Act.
81-24 (b) On the expiration of the terms of the members of the
81-25 Advisory Board of Athletic Trainers scheduled to expire January 31,
81-26 2001, the governor shall appoint one athletic trainer member and
81-27 one public member to the board for terms expiring January 31, 2007,
82-1 in accordance with Section 2, Chapter 498, Acts of the 62nd
82-2 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
82-3 Civil Statutes), as amended by this Act. On the expiration of the
82-4 terms of the members of the board scheduled to expire January 31,
82-5 2003, the governor shall appoint one athletic trainer member and
82-6 one public member to the board for terms expiring January 31, 2009,
82-7 in accordance with Section 2, Chapter 498, Acts of the 62nd
82-8 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
82-9 Civil Statutes), as amended by this Act. If a vacancy occurs in a
82-10 position scheduled to expire January 31, 2001, the governor shall
82-11 appoint a public member to serve the remainder of the term if an
82-12 athletic trainer member remains in the other position scheduled to
82-13 expire on that date. If a vacancy occurs in a position scheduled
82-14 to expire January 31, 2003, the governor shall appoint a public
82-15 member to serve the remainder of the term if an athletic trainer
82-16 member remains in the other position scheduled to expire on that
82-17 date.
82-18 SECTION 13.11. The change in law made by this Act to
82-19 Subsections (d) and (e), Section 11, Chapter 498, Acts of the 62nd
82-20 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
82-21 Civil Statutes), applies only to the renewal of an expired license
82-22 on or after September 1, 2000. An expired license may be renewed
82-23 before that date in accordance with Subsections (d) and (e) of
82-24 Section 11 as they existed immediately before the effective date of
82-25 this Act, and the prior law is continued in effect for this limited
82-26 purpose.
82-27 ARTICLE 14. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
83-1 REGULATION OF RESPIRATORY CARE PRACTITIONERS
83-2 SECTION 14.01. Chapter 829, Acts of the 69th Legislature,
83-3 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
83-4 Statutes), is amended by adding Sections 3A and 3B to read as
83-5 follows:
83-6 Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
83-7 later than the 30th day after the date a person takes a
83-8 certification examination under this Act, the department shall
83-9 notify the person of the results of the examination.
83-10 (b) If the examination is graded or reviewed by a testing
83-11 service:
83-12 (1) the department shall notify the person of the
83-13 results of the examination not later than the 14th day after the
83-14 date the department receives the results from the testing service;
83-15 and
83-16 (2) if notice of the examination results will be
83-17 delayed for longer than 90 days after the examination date, the
83-18 department shall notify the person of the reason for the delay
83-19 before the 90th day.
83-20 (c) The department may require a testing service to notify a
83-21 person of the results of the person's examination.
83-22 (d) If requested in writing by a person who fails a
83-23 certification examination administered under this Act, the
83-24 department shall furnish the person with an analysis of the
83-25 person's performance on the examination.
83-26 Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
83-27 (a) The board of health may not adopt rules restricting
84-1 advertising or competitive bidding by a temporary permit or
84-2 certificate holder except to prohibit false, misleading, or
84-3 deceptive practices.
84-4 (b) In its rules to prohibit false, misleading, or deceptive
84-5 practices, the board of health may not include a rule that:
84-6 (1) restricts the use of any medium for advertising;
84-7 (2) restricts the use of a temporary permit or
84-8 certificate holder's personal appearance or voice in an
84-9 advertisement;
84-10 (3) relates to the size or duration of an
84-11 advertisement by the temporary permit or certificate holder; or
84-12 (4) restricts the temporary permit or certificate
84-13 holder's advertisement under a trade name.
84-14 SECTION 14.02. Section 7, Chapter 829, Acts of the 69th
84-15 Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
84-16 Civil Statutes), is amended to read as follows:
84-17 Sec. 7. RENEWAL OF CERTIFICATE. (a) Except as otherwise
84-18 provided by this section, a certificate shall be renewed annually
84-19 or biennially as determined by the board of health. The department
84-20 shall mail a notice of renewal not later than the 30th day before
84-21 the expiration of the certificate to each person who holds a valid
84-22 certificate at the person's last known address. The certificate
84-23 holder shall complete the notice of renewal and shall return it to
84-24 the department with the renewal fee on or before the date of
84-25 expiration. A person whose temporary permit or certificate has
84-26 expired may not engage in activities that require a temporary
84-27 permit or certificate until the temporary permit or certificate has
85-1 been renewed.
85-2 (b) On receipt of the completed notice of renewal and
85-3 payment of the renewal fee, the department shall issue to the
85-4 certificate holder a certificate for the current renewal period.
85-5 The renewal is valid for the period stated on the renewal
85-6 certificate. The board of health shall establish uniform
85-7 continuing education requirements for the renewal of the
85-8 certificate of not less than six nor more than 12 continuing
85-9 education hours per renewal period. The board of health may adopt
85-10 rules relating to the attainment of the continuing education
85-11 requirements in hardship situations.
85-12 (c) A person whose certificate has been expired for 90 days
85-13 or less may renew the certificate by paying to the department a
85-14 renewal fee that is equal to 1-1/2 times the normally required
85-15 renewal fee.
85-16 (d) A person whose certificate has been expired for more
85-17 than 90 days but less than one year may renew the certificate by
85-18 paying to the department a renewal fee that is equal to two times
85-19 the normally required renewal fee.
85-20 (e) A person whose certificate has been expired for one year
85-21 or more may not renew the certificate. The person may obtain a new
85-22 certificate by complying with the requirements and procedures,
85-23 including the examination requirements, for obtaining an original
85-24 certificate.
85-25 (f) A person who was certified in this state, moved to
85-26 another state, and is currently certified and has been in practice
85-27 in the other state for the two years preceding the date of
86-1 application may obtain a new certificate without reexamination.
86-2 The person must pay to the department a fee that is equal to two
86-3 times the normally required renewal fee for the certificate.
86-4 (g) [A certificate holder who fails to renew the certificate
86-5 on or before the expiration date may reinstate the certificate
86-6 within the time set by the board of health on payment of the
86-7 renewal fee and a reinstatement fee.]
86-8 [(d)] A respiratory care practitioner who does not engage in
86-9 the practice of respiratory care during a subsequent renewal period
86-10 and who notifies the department of the inactivity is not required
86-11 to pay the renewal fee as long as that practitioner remains
86-12 inactive. If the practitioner desires to resume the practice of
86-13 respiratory care, the practitioner must notify the department and
86-14 must satisfy the requirements of the board of health in addition to
86-15 remitting the renewal fee for the current renewal period and the
86-16 reinstatement fee.
86-17 SECTION 14.03. Chapter 829, Acts of the 69th Legislature,
86-18 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
86-19 Statutes), is amended by adding Section 7A to read as follows:
86-20 Sec. 7A. STAGGERED RENEWAL DATES. The board of health by
86-21 rule may adopt a system under which certificates expire on various
86-22 dates during the year. For the year in which the certificate
86-23 expiration date is changed, the department shall prorate
86-24 certificate fees on a monthly basis so that each certificate holder
86-25 pays only that portion of the certificate fee that is allocable to
86-26 the number of months during which the certificate is valid. On
86-27 renewal of the certificate on the new expiration date, the total
87-1 certificate renewal fee is payable.
87-2 ARTICLE 15. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
87-3 REGISTRATION OF DISPENSING OPTICIANS
87-4 SECTION 15.01. Subsection (b), Section 5, Opticians'
87-5 Registry Act (Article 4551-1, Vernon's Texas Civil Statutes), is
87-6 amended to read as follows:
87-7 (b) The board may not adopt substantive rules relating to
87-8 this Act other than substantive rules described by Subsection (a)
87-9 of this section, Subsection (b) of Section 9 of this Act, and
87-10 Section 5A of this Act.
87-11 SECTION 15.02. The Opticians' Registry Act (Article 4551-1,
87-12 Vernon's Texas Civil Statutes) is amended by adding Section 5A to
87-13 read as follows:
87-14 Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
87-15 (a) The board may not adopt rules restricting advertising or
87-16 competitive bidding by a registrant except to prohibit false,
87-17 misleading, or deceptive practices.
87-18 (b) In its rules to prohibit false, misleading, or deceptive
87-19 practices, the board may not include a rule that:
87-20 (1) restricts the use of any medium for advertising;
87-21 (2) restricts the use of a registrant's personal
87-22 appearance or voice in an advertisement;
87-23 (3) relates to the size or duration of an
87-24 advertisement by the registrant; or
87-25 (4) restricts the registrant's advertisement under a
87-26 trade name.
87-27 SECTION 15.03. Section 7, Opticians' Registry Act (Article
88-1 4551-1, Vernon's Texas Civil Statutes), is amended by adding
88-2 Subsections (c)-(f) to read as follows:
88-3 (c) Not later than the 30th day after the date a person
88-4 takes a qualifying examination under this Act, the department
88-5 shall notify the person of the results of the examination.
88-6 (d) If the examination is graded or reviewed by a testing
88-7 service:
88-8 (1) the department shall notify the person of the
88-9 results of the examination not later than the 14th day after the
88-10 date the department receives the results from the testing service;
88-11 and
88-12 (2) if notice of the examination results will be
88-13 delayed for longer than 90 days after the examination date, the
88-14 department shall notify the person of the reason for the delay
88-15 before the 90th day.
88-16 (e) The department may require a testing service to notify a
88-17 person of the results of the person's examination.
88-18 (f) If requested in writing by a person who fails a
88-19 qualifying examination administered under this Act, the department
88-20 shall furnish the person with an analysis of the person's
88-21 performance on the examination.
88-22 SECTION 15.04. Section 9, Opticians' Registry Act (Article
88-23 4551-1, Vernon's Texas Civil Statutes), is amended to read as
88-24 follows:
88-25 Sec. 9. RENEWAL OF REGISTRATION. (a) A certificate of
88-26 registration issued under this Act is valid for one year from the
88-27 date of issuance. To renew the registration, the registrant must
89-1 submit an application for renewal in the manner prescribed by the
89-2 board.
89-3 (b) The application must be accompanied by [a renewal fee
89-4 and] evidence that the applicant has successfully completed the
89-5 continuing education courses required by board rule. The board
89-6 shall recognize, prepare, or administer continuing education
89-7 programs for its registrants. A registrant must participate in the
89-8 programs to the extent required by the board to keep the person's
89-9 certificate of registration. The board may not require more than
89-10 10 classroom hours of continuing education courses per year.
89-11 (c) [(b)] The department shall adopt a system under which
89-12 registrations expire and are renewed on various dates of the year.
89-13 (d) A person who is otherwise eligible to renew a
89-14 certificate of registration may renew an unexpired certificate by
89-15 paying the required renewal fee to the department before the
89-16 expiration date of the certificate. A person whose certificate of
89-17 registration has expired may not make a representation for which a
89-18 certificate of registration is required under Section 4 of this Act
89-19 until the certificate has been renewed.
89-20 (e) A person whose certificate of registration has been
89-21 expired for 90 days or less may renew the certificate by paying to
89-22 the department a renewal fee that is equal to 1-1/2 times the
89-23 normally required renewal fee.
89-24 (f) A person whose certificate of registration has been
89-25 expired for more than 90 days but less than one year may renew the
89-26 certificate by paying to the department a renewal fee that is equal
89-27 to two times the normally required renewal fee.
90-1 (g) A person whose certificate of registration has been
90-2 expired for one year or more may not renew the certificate. The
90-3 person may obtain a new certificate of registration by complying
90-4 with the requirements and procedures, including the examination
90-5 requirements, for an original certificate.
90-6 (h) A person who was registered in this state, moved to
90-7 another state, and is currently licensed or registered and has been
90-8 in practice in the other state for the two years preceding the date
90-9 of application may obtain a new certificate of registration without
90-10 reexamination. The person must pay to the department a fee that is
90-11 equal to two times the normally required renewal fee for the
90-12 certificate.
90-13 (i) Not later than the 30th day before the date a person's
90-14 certificate of registration is scheduled to expire, the department
90-15 shall send written notice of the impending expiration to the person
90-16 at the person's last known address according to the records of the
90-17 department.
90-18 [(c) A person registered under this Act who does not renew
90-19 the registration by the expiration date may renew the registration
90-20 not later than the 180th day after the expiration date by paying a
90-21 late registration fee as prescribed by the board.]
90-22 [(d) The registration of a person who fails to meet the
90-23 renewal requirements under this section is void until the person
90-24 submits a new application, pays the appropriate fees, and meets the
90-25 current requirements for registration.]
90-26 SECTION 15.05. Section 12, Opticians' Registry Act (Article
90-27 4551-1, Vernon's Texas Civil Statutes), is amended to read as
91-1 follows:
91-2 Sec. 12. DENIAL, SUSPENSION, REVOCATION, AND PROBATION. (a)
91-3 The department shall [may] refuse to issue a certificate of
91-4 registration to an applicant, suspend or revoke a certificate of
91-5 registration, or reprimand [place on probation] an individual who
91-6 is registered under this Act if the individual:
91-7 (1) obtains a certificate by means of fraud,
91-8 misrepresentation, or concealment of material facts;
91-9 (2) sells, barters, or offers to sell or barter a
91-10 certificate of registration;
91-11 (3) violates a lawful rule adopted by the board;
91-12 (4) violates Section 4 of this Act; or
91-13 (5) practices medicine or optometry without a license.
91-14 (b) The board may place on probation a person whose
91-15 registration is suspended. If the suspension is probated, the
91-16 board may require the person:
91-17 (1) to report regularly to the department on matters
91-18 that are the basis of the probation;
91-19 (2) to limit practice to the areas prescribed by the
91-20 board; or
91-21 (3) to continue or review professional education until
91-22 the person attains a degree of skill satisfactory to the board in
91-23 those areas that are the basis of the probation.
91-24 (c) A person whose application of registration is denied,
91-25 whose registration is suspended[,] or revoked, or who is
91-26 reprimanded is entitled to a hearing before the department if the
91-27 person submits a written request for a hearing to the department.
92-1 A hearing is governed by department rules for a contested hearing
92-2 and by Chapter 2001, Government Code [the Administrative Procedure
92-3 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
92-4 Statutes)].
92-5 ARTICLE 16. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
92-6 REGULATION OF MEDICAL RADIOLOGICAL TECHNOLOGISTS
92-7 SECTION 16.01. Section 2.05(d), Medical Radiologic
92-8 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
92-9 Statutes), is amended to read as follows:
92-10 (d) The Texas Board of Health:
92-11 (1) may establish guidelines;
92-12 (2) shall prepare, recognize, or administer [, which
92-13 may include requirements for] continuing education programs for
92-14 medical radiologic technologists in which a medical radiologic
92-15 technologist must participate, to the extent required by the board,
92-16 to keep the person's certificate;[,] and
92-17 (3) [the Texas Board of Health] may prepare and
92-18 conduct an examination for applicants for a certificate.
92-19 SECTION 16.02. The Medical Radiologic Technologist
92-20 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
92-21 amended by adding Section 2.055 to read as follows:
92-22 Sec. 2.055. RULES REGARDING ADVERTISING OR COMPETITIVE
92-23 BIDDING. (a) The Texas Board of Health may not adopt rules
92-24 restricting advertising or competitive bidding by a medical
92-25 radiologic technologist except to prohibit false, misleading, or
92-26 deceptive practices.
92-27 (b) In its rules to prohibit false, misleading, or deceptive
93-1 practices, the board may not include a rule that:
93-2 (1) restricts the use of any medium for advertising;
93-3 (2) restricts the use of a medical radiologic
93-4 technologist's personal appearance or voice in an advertisement;
93-5 (3) relates to the size or duration of an
93-6 advertisement by the medical radiologic technologist; or
93-7 (4) restricts the medical radiologic technologist's
93-8 advertisement under a trade name.
93-9 SECTION 16.03. The Medical Radiologic Technologist
93-10 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
93-11 amended by adding Section 2.075 to read as follows:
93-12 Sec. 2.075. PROVISIONAL CERTIFICATES. (a) The Texas Board
93-13 of Health may issue a provisional certificate to an applicant
93-14 currently licensed or certified in another jurisdiction who seeks
93-15 certification in this state and who:
93-16 (1) has been licensed or certified in good standing as
93-17 a medical radiologic technologist for at least two years in another
93-18 jurisdiction, including a foreign country, that has licensing or
93-19 certification requirements substantially equivalent to the
93-20 requirements of this Act;
93-21 (2) has passed a national or other examination
93-22 recognized by the board relating to the practice of radiologic
93-23 technology; and
93-24 (3) is sponsored by a medical radiologic technologist
93-25 certified by the board under this Act with whom the provisional
93-26 certificate holder will practice during the time the person holds a
93-27 provisional certificate.
94-1 (b) The board may waive the requirement of Subsection (a)(3)
94-2 for an applicant if the board determines that compliance with that
94-3 subsection would be a hardship to the applicant.
94-4 (c) A provisional certificate is valid until the date the
94-5 board approves or denies the provisional certificate holder's
94-6 application for a certificate. The board shall issue a certificate
94-7 under this Act to the provisional certificate holder if:
94-8 (1) the provisional certificate holder is eligible to
94-9 be certified under Section 2.05(c) of this Act; or
94-10 (2) the provisional certificate holder passes the part
94-11 of the examination under Section 2.05(d) of this Act that relates
94-12 to the applicant's knowledge and understanding of the laws and
94-13 rules relating to the practice of radiologic technology in this
94-14 state and:
94-15 (A) the board verifies that the provisional
94-16 certificate holder meets the academic and experience requirements
94-17 for a certificate under this Act; and
94-18 (B) the provisional certificate holder satisfies
94-19 any other licensing requirements under this Act.
94-20 (d) The board must approve or deny a provisional certificate
94-21 holder's application for a certificate not later than the 180th day
94-22 after the date the provisional certificate is issued. The board
94-23 may extend the 180-day period if the results of an examination have
94-24 not been received by the board before the end of that period.
94-25 (e) The board may establish a fee for provisional
94-26 certificates in an amount reasonable and necessary to cover the
94-27 cost of issuing the certificate.
95-1 SECTION 16.04. Section 2.09, Medical Radiologic Technologist
95-2 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
95-3 is amended by amending Subsection (d) and adding Subsections
95-4 (e)-(j) to read as follows:
95-5 (d) The Texas Board of Health may set fees for examination
95-6 and[,] certificate issuance[, and certificate renewal]. The Texas
95-7 Board of Health shall set the fees in amounts that are reasonable
95-8 to cover the costs of administering this Act without the use of
95-9 additional general revenue funds.
95-10 (e) A person who is otherwise eligible to renew a
95-11 certificate may renew an unexpired certificate by paying the
95-12 required renewal fee to the department before the expiration date
95-13 of the certificate. A person whose certificate has expired may not
95-14 engage in activities that require a certificate until the
95-15 certificate has been renewed.
95-16 (f) A person whose certificate has been expired for 90 days
95-17 or less may renew the certificate by paying to the department a
95-18 renewal fee that is equal to 1-1/2 times the normally required
95-19 renewal fee.
95-20 (g) A person whose certificate has been expired for more
95-21 than 90 days but less than one year may renew the certificate by
95-22 paying to the department a renewal fee that is equal to two times
95-23 the normally required renewal fee.
95-24 (h) A person whose certificate has been expired for one year
95-25 or more may not renew the certificate. The person may obtain a new
95-26 certificate by complying with the requirements and procedures,
95-27 including the examination requirements, for an original
96-1 certificate.
96-2 (i) A person who held a certificate in this state, moved to
96-3 another state, and currently holds a certificate or license and has
96-4 been in practice in the other state for the two years preceding the
96-5 date of application may obtain a new certificate without
96-6 reexamination. The person must pay to the department a fee that is
96-7 equal to two times the normally required renewal fee for the
96-8 certificate.
96-9 (j) Not later than the 30th day before the date a person's
96-10 certificate is scheduled to expire, the department shall send
96-11 written notice of the impending expiration to the person at the
96-12 person's last known address according to the records of the
96-13 department.
96-14 SECTION 16.05. The Medical Radiologic Technologist
96-15 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
96-16 amended by adding Sections 2.091 and 2.092 to read as follows:
96-17 Sec. 2.091. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
96-18 later than the 30th day after the date a person takes an
96-19 examination for a certificate under this Act, the department shall
96-20 notify the person of the results of the examination.
96-21 (b) If the examination is graded or reviewed by a testing
96-22 service:
96-23 (1) the department shall notify the person of the
96-24 results of the examination not later than the 14th day after the
96-25 date the department receives the results from the testing service;
96-26 and
96-27 (2) if notice of the examination results will be
97-1 delayed for longer than 90 days after the examination date, the
97-2 department shall notify the person of the reason for the delay
97-3 before the 90th day.
97-4 (c) The department may require a testing service to notify a
97-5 person of the results of the person's examination.
97-6 (d) If requested in writing by a person who fails an
97-7 examination for a certificate administered under this Act, the
97-8 department shall furnish the person with an analysis of the
97-9 person's performance on the examination.
97-10 Sec. 2.092. STAGGERED RENEWAL DATES. The Texas Board of
97-11 Health by rule may adopt a system under which certificates expire
97-12 on various dates during the year. For the year in which the
97-13 certificate expiration date is changed, the department shall
97-14 prorate certificate fees on a monthly basis so that each
97-15 certificate holder pays only that portion of the certificate fee
97-16 that is allocable to the number of months during which the
97-17 certificate is valid. On renewal of the certificate on the new
97-18 expiration date, the total certificate renewal fee is payable.
97-19 ARTICLE 17. ADMINISTRATIVE PENALTY AND STANDARD SUNSET REVIEW
97-20 PROVISIONS APPLICABLE TO THE BOARD OF LICENSURE FOR PROFESSIONAL
97-21 MEDICAL PHYSICISTS
97-22 SECTION 17.01. Section 5(d), Texas Medical Physics Practice
97-23 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
97-24 read as follows:
97-25 (d) Appointments to the board shall be made without regard
97-26 to the race, color, disability, creed, sex, religion, age, or
97-27 national origin of the appointee.
98-1 SECTION 17.02. Section 7(d), Texas Medical Physics Practice
98-2 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
98-3 read as follows:
98-4 (d) A [The] public member of the board must be a resident of
98-5 this state for four years preceding appointment. A person may not
98-6 be a public member of the board if the person or the person's
98-7 spouse:
98-8 (1) is registered, certified, or licensed by a
98-9 regulatory agency in the field of medical physics;
98-10 (2) is employed by or participates in the management
98-11 of a business entity or other organization regulated by or
98-12 receiving money from the board;
98-13 (3) owns or controls, directly or indirectly, more
98-14 than a 10 percent interest in a business entity or other
98-15 organization regulated by or receiving money from the board; or
98-16 (4) uses or receives a substantial amount of tangible
98-17 goods, services, or money from the board other than compensation or
98-18 reimbursement authorized by law for board membership, attendance,
98-19 or expenses [and may not have a financial interest in any endeavor
98-20 related to the practice of medical physics].
98-21 SECTION 17.03. The Texas Medical Physics Practice Act
98-22 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
98-23 Sections 7A and 7B to read as follows:
98-24 Sec. 7A. CONFLICT OF INTEREST. (a) In this section, "Texas
98-25 trade association" means a cooperative and voluntarily joined
98-26 association of business or professional competitors in this state
98-27 designed to assist its members and its industry or profession in
99-1 dealing with mutual business or professional problems and in
99-2 promoting their common interest.
99-3 (b) A person may not be a member of the board if:
99-4 (1) the person is an officer, employee, or paid
99-5 consultant of a Texas trade association in the field of medicine;
99-6 or
99-7 (2) the person's spouse is an officer, manager, or
99-8 paid consultant of a Texas trade association in the field of
99-9 medicine.
99-10 (c) A person may not be a member of the board if the person
99-11 is required to register as a lobbyist under Chapter 305, Government
99-12 Code, because of the person's activities for compensation on behalf
99-13 of a profession related to the operation of the board.
99-14 Sec. 7B. TRAINING. (a) A person who is appointed to and
99-15 qualifies for office as a member of the board may not vote,
99-16 deliberate, or be counted as a member in attendance at a meeting of
99-17 the board until the person completes a training program that
99-18 complies with this section.
99-19 (b) The training program must provide the person with
99-20 information regarding:
99-21 (1) the legislation that created the board;
99-22 (2) the programs operated by the board;
99-23 (3) the role and functions of the board;
99-24 (4) the rules of the board with an emphasis on the
99-25 rules that relate to disciplinary and investigatory authority;
99-26 (5) the current budget for the board;
99-27 (6) the results of the most recent formal audit of the
100-1 board;
100-2 (7) the requirements of:
100-3 (A) the open meetings law, Chapter 551,
100-4 Government Code;
100-5 (B) the public information law, Chapter 552,
100-6 Government Code;
100-7 (C) the administrative procedure law, Chapter
100-8 2001, Government Code; and
100-9 (D) other laws relating to public officials,
100-10 including conflict-of-interest laws; and
100-11 (8) any applicable ethics policies adopted by the
100-12 board or the Texas Ethics Commission.
100-13 (c) A person appointed to the board is entitled to
100-14 reimbursement, as provided by the General Appropriations Act, for
100-15 the travel expenses incurred in attending the training program
100-16 regardless of whether the attendance at the program occurs before
100-17 or after the person qualifies for office.
100-18 SECTION 17.04. Section 8, Texas Medical Physics Practice Act
100-19 (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
100-20 as follows:
100-21 Sec. 8. REMOVAL FROM OFFICE. (a) It is a ground for
100-22 removal from the board if a member:
100-23 (1) does not have at the time of appointment the
100-24 qualifications required by Section 7 of this Act for appointment to
100-25 the board;
100-26 (2) does not maintain during service on the board the
100-27 qualifications required by Section 7 of this Act for appointment to
101-1 the board;
101-2 (3) is ineligible for membership under Subsection (d)
101-3 of Section 7 of this Act or Section 7A of this Act;
101-4 (4) cannot, because of illness or disability,
101-5 discharge the member's duties for a substantial part of the
101-6 member's term; or
101-7 (5) [(3)] fails to attend at least half of the
101-8 regularly scheduled board meetings held in a calendar year,
101-9 excluding meetings held while the person was not a board member,
101-10 without an excuse approved by a majority of the board.
101-11 (b) If a ground for removal of a member of the board exists,
101-12 the board's actions during the existence of the ground for removal
101-13 are not invalid for that reason.
101-14 (c) If the commissioner of public health has knowledge that
101-15 a potential ground for removal exists, the commissioner shall
101-16 notify the presiding officer of the board of the potential ground.
101-17 The presiding officer shall then notify the governor and the
101-18 attorney general that a potential ground for removal exists. If
101-19 the potential ground for removal involves the presiding officer,
101-20 the commissioner shall notify the next highest ranking officer of
101-21 the board, who shall then notify the governor and the attorney
101-22 general that a potential ground for removal exists.
101-23 SECTION 17.05. Section 10, Texas Medical Physics Practice
101-24 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
101-25 amending Subsection (a) and adding Subsection (c) to read as
101-26 follows:
101-27 (a) The governor shall designate a member of the board as
102-1 the presiding officer of the board to serve in that capacity at the
102-2 will of the governor. At the first regularly scheduled meeting of
102-3 each calendar year, the board shall elect from among its members [a
102-4 presiding officer and] an assistant presiding officer.
102-5 (c) The board shall develop and implement policies that
102-6 provide the public with a reasonable opportunity to appear before
102-7 the board and to speak on any issue under the jurisdiction of the
102-8 board.
102-9 SECTION 17.06. Section 11, Texas Medical Physics Practice
102-10 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
102-11 read as follows:
102-12 Sec. 11. BOARD RESPONSIBILITIES. (a) The board shall:
102-13 (1) adopt and revise, with the approval of the
102-14 department, rules that are reasonably necessary for the proper
102-15 performance of its duties under this Act;
102-16 (2) determine the qualifications and fitness of
102-17 applicants for licenses, renewal of licenses, and reciprocal
102-18 licenses;
102-19 (3) charge a fee for the processing and issuance or
102-20 renewal of a license under this Act in an amount necessary to cover
102-21 costs incurred by the board in administering this Act;
102-22 (4) adopt and publish a code of ethics;
102-23 (5) adopt an official seal;
102-24 (6) conduct examinations for licensure under this Act;
102-25 (7) issue, deny, renew, revoke, and suspend licenses
102-26 under this Act;
102-27 (8) conduct hearings on complaints concerning
103-1 violations of this Act or rules adopted under this Act;
103-2 (9) prosecute or file suit to enjoin a violation of
103-3 this Act or a rule adopted under this Act; and
103-4 (10) [maintain a file on each complaint filed with the
103-5 board showing the status and final disposition of the complaint;
103-6 and]
103-7 [(11)] prepare information of consumer interest
103-8 describing the regulatory functions of the board and describing the
103-9 procedures by which complaints are filed with and resolved by the
103-10 board.
103-11 (b) The board shall recognize, [may] prepare, or [and]
103-12 administer [an optional] continuing education programs [program]
103-13 for persons licensed by the board under this Act. A license holder
103-14 must participate in the programs to the extent required by the
103-15 board to keep the person's license.
103-16 (c) The board shall develop and implement policies that
103-17 clearly separate the policymaking responsibilities of the board and
103-18 the management responsibilities of the commissioner of public
103-19 health, the executive secretary, and the staff of the department.
103-20 SECTION 17.07. The Texas Medical Physics Practice Act
103-21 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
103-22 Sections 11A and 11B to read as follows:
103-23 Sec. 11A. COMPLAINTS. (a) The board shall maintain a file
103-24 on each written complaint filed with the board. The file must
103-25 include:
103-26 (1) the name of the person who filed the complaint;
103-27 (2) the date the complaint is received by the board;
104-1 (3) the subject matter of the complaint;
104-2 (4) the name of each person contacted in relation to
104-3 the complaint;
104-4 (5) a summary of the results of the review or
104-5 investigation of the complaint; and
104-6 (6) an explanation of the reason the file was closed,
104-7 if the board closed the file without taking action other than to
104-8 investigate the complaint.
104-9 (b) The board shall provide to the person filing the
104-10 complaint and to each person who is a subject of the complaint a
104-11 copy of the board's policies and procedures relating to complaint
104-12 investigation and resolution.
104-13 (c) The board, at least quarterly until final disposition of
104-14 the complaint, shall notify the person filing the complaint and
104-15 each person who is a subject of the complaint of the status of the
104-16 investigation unless the notice would jeopardize an undercover
104-17 investigation.
104-18 Sec. 11B. RULES REGARDING ADVERTISING OR COMPETITIVE
104-19 BIDDING. (a) The board may not adopt rules restricting
104-20 advertising or competitive bidding by a license holder except to
104-21 prohibit false, misleading, or deceptive practices.
104-22 (b) In its rules to prohibit false, misleading, or deceptive
104-23 practices, the board may not include a rule that:
104-24 (1) restricts the use of any medium for advertising;
104-25 (2) restricts the use of a license holder's personal
104-26 appearance or voice in an advertisement;
104-27 (3) relates to the size or duration of an
105-1 advertisement by the license holder; or
105-2 (4) restricts the license holder's advertisement under
105-3 a trade name.
105-4 SECTION 17.08. Section 12, Texas Medical Physics Practice
105-5 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
105-6 adding Subsection (c) to read as follows:
105-7 (c) The commissioner of health or the commissioner's
105-8 designee shall provide to members of the board, as often as
105-9 necessary, information regarding the requirements for office under
105-10 this Act, including information regarding a person's
105-11 responsibilities under applicable laws relating to standards of
105-12 conduct for state officers.
105-13 SECTION 17.09. Section 18, Texas Medical Physics Practice
105-14 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
105-15 read as follows:
105-16 Sec. 18. LICENSING BY ENDORSEMENT OR RECIPROCITY. (a) On
105-17 receipt of an application and fee in accordance with Section 14 of
105-18 this Act, the board may waive any prerequisite for obtaining
105-19 [issue] a license to practice medical physics in this state to a
105-20 person who:
105-21 (1) holds a license to practice medical or
105-22 radiological physics in another state, territory, or jurisdiction
105-23 acceptable to the board that has requirements for the licensing of
105-24 medical or radiological physicists that are substantially the same
105-25 as the requirements of this Act; or
105-26 (2) prior to September 1, 1994:
105-27 (A) is a resident of a state, territory, or
106-1 jurisdiction without a medical physics licensure and/or practice
106-2 act;
106-3 (B) meets all other requirements for licensure
106-4 without examination in accordance with Section 19 of this Act; and
106-5 (C) has demonstrated to the board's satisfaction
106-6 a working knowledge of Texas rules pertaining to the license
106-7 specialty requested.
106-8 (b) The board may waive any prerequisite for obtaining a
106-9 license to practice medical physics in this state for an applicant
106-10 who holds a license issued by another jurisdiction with which this
106-11 state has a reciprocity agreement. The board may make an agreement,
106-12 subject to the approval of the governor, with another state to
106-13 allow for licensing by reciprocity.
106-14 SECTION 17.10. Section 21, Texas Medical Physics Practice
106-15 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
106-16 read as follows:
106-17 Sec. 21. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE;
106-18 DISCIPLINARY ACTION. (a) The board shall [may] refuse to issue or
106-19 renew a license, suspend or revoke a license, or reprimand the
106-20 license holder[, or place a license holder on probation] for any of
106-21 the following:
106-22 (1) obtaining or renewing a license by means of fraud,
106-23 misrepresentation, or concealment of material facts;
106-24 (2) having once made application for or held a license
106-25 issued by the licensing authority of another state, territory, or
106-26 jurisdiction that was denied, suspended, or revoked by that
106-27 licensing authority;
107-1 (3) engaging in unprofessional conduct that endangered
107-2 or is likely to endanger the health, safety, or welfare of the
107-3 public as defined by board rule;
107-4 (4) violating this Act, a lawful order or rule of the
107-5 board, or the board's code of ethics; or
107-6 (5) being convicted of a felony or of a misdemeanor
107-7 that involved moral turpitude or that directly relates to a
107-8 person's duties and responsibilities as a licensed medical
107-9 physicist.
107-10 (b) The board may place on probation a person whose license
107-11 is suspended. If a license suspension is probated, the board may
107-12 require the person:
107-13 (1) to report regularly to the department on matters
107-14 that are the basis of the probation;
107-15 (2) to limit practice to the areas prescribed by the
107-16 board; or
107-17 (3) to continue or review professional education until
107-18 the person attains a degree of skill satisfactory to the board in
107-19 those areas that are the basis of the probation.
107-20 (c) Chapter 2001, Government Code, [The Administrative
107-21 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
107-22 Civil Statutes)] and board rules for a contested hearing apply to
107-23 proceedings by the board under this section.
107-24 SECTION 17.11. The Texas Medical Physics Practice Act
107-25 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
107-26 Sections 23A and 23B to read as follows:
107-27 Sec. 23A. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
108-1 board may impose an administrative penalty on a person licensed
108-2 under this Act who violates this Act or a rule or order adopted
108-3 under this Act. A penalty collected under this section or Section
108-4 23B of this Act shall be deposited in the state treasury in the
108-5 general revenue fund.
108-6 (b) A proceeding to impose the penalty is considered to be a
108-7 contested case under Chapter 2001, Government Code.
108-8 (c) The amount of the penalty may not exceed $500 for each
108-9 violation, and each day a violation continues or occurs is a
108-10 separate violation for purposes of imposing a penalty.
108-11 (d) The amount shall be based on:
108-12 (1) the seriousness of the violation, including the
108-13 nature, circumstances, extent, and gravity of the violation;
108-14 (2) the threat to health or safety caused by the
108-15 violation;
108-16 (3) the history of previous violations;
108-17 (4) the amount necessary to deter a future violation;
108-18 (5) whether the violator demonstrated good faith,
108-19 including when applicable whether the violator made good faith
108-20 efforts to correct the violation; and
108-21 (6) any other matter that justice may require.
108-22 (e) If the executive secretary determines that a violation
108-23 occurred, the executive secretary shall give written notice of the
108-24 report by certified mail to the person.
108-25 (f) The notice under Subsection (e) of this section must:
108-26 (1) include a brief summary of the alleged violation;
108-27 (2) state the amount of the recommended penalty; and
109-1 (3) inform the person of the person's right to a
109-2 hearing on the occurrence of the violation, the amount of the
109-3 penalty, or both.
109-4 (g) Within 20 days after the date the person receives the
109-5 notice under Subsection (e) of this section, the person in writing
109-6 may:
109-7 (1) accept the determination and recommended penalty
109-8 of the executive secretary; or
109-9 (2) make a request for a hearing on the occurrence of
109-10 the violation, the amount of the penalty, or both.
109-11 (h) If the person accepts the determination and recommended
109-12 penalty or if the person fails to respond to the notice, the board
109-13 by order shall approve the determination and impose the recommended
109-14 penalty.
109-15 (i) If the person requests a hearing, the board shall refer
109-16 the matter to the State Office of Administrative Hearings, which
109-17 shall promptly set a hearing date and give written notice of the
109-18 time and place of the hearing to the person. An administrative law
109-19 judge of the State Office of Administrative Hearings shall conduct
109-20 the hearing.
109-21 (j) The administrative law judge shall make findings of fact
109-22 and conclusions of law and promptly issue to the board a proposal
109-23 for a decision about the occurrence of the violation and the amount
109-24 of a proposed penalty.
109-25 (k) Based on the findings of fact, conclusions of law, and
109-26 proposal for a decision, the board by order may:
109-27 (1) find that a violation occurred and impose a
110-1 penalty; or
110-2 (2) find that a violation did not occur.
110-3 (l) The notice of the board's order under Subsection (k) of
110-4 this section that is sent to the person in accordance with Chapter
110-5 2001, Government Code, must include a statement of the right of the
110-6 person to judicial review of the order.
110-7 Sec. 23B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
110-8 JUDICIAL REVIEW. (a) Within 30 days after the date an order of
110-9 the board under Subsection (k) of Section 23A of this Act that
110-10 imposes an administrative penalty becomes final, the person shall:
110-11 (1) pay the penalty; or
110-12 (2) file a petition for judicial review of the board's
110-13 order contesting the occurrence of the violation, the amount of the
110-14 penalty, or both.
110-15 (b) Within the 30-day period prescribed by Subsection (a) of
110-16 this section, a person who files a petition for judicial review
110-17 may:
110-18 (1) stay enforcement of the penalty by:
110-19 (A) paying the penalty to the court for
110-20 placement in an escrow account; or
110-21 (B) giving the court a supersedeas bond approved
110-22 by the court that:
110-23 (i) is for the amount of the penalty; and
110-24 (ii) is effective until all judicial
110-25 review of the board's order is final; or
110-26 (2) request the court to stay enforcement of the
110-27 penalty by:
111-1 (A) filing with the court a sworn affidavit of
111-2 the person stating that the person is financially unable to pay the
111-3 penalty and is financially unable to give the supersedeas bond; and
111-4 (B) sending a copy of the affidavit to the board
111-5 by certified mail.
111-6 (c) If the board receives a copy of an affidavit under
111-7 Subsection (b)(2) of this section, the board may file with the
111-8 court, within five days after the date the copy is received, a
111-9 contest to the affidavit. The court shall hold a hearing on the
111-10 facts alleged in the affidavit as soon as practicable and shall
111-11 stay the enforcement of the penalty on finding that the alleged
111-12 facts are true. The person who files an affidavit has the burden
111-13 of proving that the person is financially unable to pay the penalty
111-14 or to give a supersedeas bond.
111-15 (d) If the person does not pay the penalty and the
111-16 enforcement of the penalty is not stayed, the penalty may be
111-17 collected. The attorney general may sue to collect the penalty.
111-18 (e) If the court sustains the finding that a violation
111-19 occurred, the court may uphold or reduce the amount of the penalty
111-20 and order the person to pay the full or reduced amount of the
111-21 penalty.
111-22 (f) If the court does not sustain the finding that a
111-23 violation occurred, the court shall order that a penalty is not
111-24 owed.
111-25 (g) If the person paid the penalty and if the amount of the
111-26 penalty is reduced or the penalty is not upheld by the court, the
111-27 court shall order, when the court's judgment becomes final, that
112-1 the appropriate amount plus accrued interest be remitted to the
112-2 person within 30 days after the date that the judgment of the court
112-3 becomes final. The interest accrues at the rate charged on loans to
112-4 depository institutions by the New York Federal Reserve Bank. The
112-5 interest shall be paid for the period beginning on the date the
112-6 penalty is paid and ending on the date the penalty is remitted.
112-7 (h) If the person gave a supersedeas bond and the penalty is
112-8 not upheld by the court, the court shall order, when the court's
112-9 judgment becomes final, the release of the bond. If the person gave
112-10 a supersedeas bond and the amount of the penalty is reduced, the
112-11 court shall order the release of the bond after the person pays the
112-12 reduced amount.
112-13 SECTION 17.12. The Texas Medical Physics Practice Act
112-14 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
112-15 Section 27 to read as follows:
112-16 Sec. 27. PROVISIONAL LICENSES. (a) The board may issue a
112-17 provisional license to an applicant currently licensed or certified
112-18 in another jurisdiction who seeks a license in this state and who:
112-19 (1) has been licensed or certified in good standing as
112-20 a practitioner of medical or radiologic physics for at least two
112-21 years in another jurisdiction, including a foreign country, that
112-22 has licensing or certification requirements substantially
112-23 equivalent to the requirements of this Act;
112-24 (2) has passed a national or other examination
112-25 recognized by the board relating to the practice of medical or
112-26 radiologic physics; and
112-27 (3) is sponsored by a person licensed by the board
113-1 under this Act with whom the provisional license holder will
113-2 practice during the time the person holds a provisional license.
113-3 (b) The board may waive the requirement of Subsection (a)(3)
113-4 for an applicant if the board determines that compliance with that
113-5 subsection would be a hardship to the applicant.
113-6 (c) A provisional license is valid until the date the board
113-7 approves or denies the provisional license holder's application for
113-8 a license. The board shall issue a license under this Act to the
113-9 provisional license holder if:
113-10 (1) the provisional license holder is eligible to be
113-11 certified under Section 18 of this Act; or
113-12 (2) the provisional license holder passes the part of
113-13 the examination under Section 16 of this Act that relates to the
113-14 applicant's knowledge and understanding of the laws and rules
113-15 relating to the practice of medical physics in this state and:
113-16 (A) the board verifies that the provisional
113-17 license holder meets the academic and experience requirements for a
113-18 license under this Act; and
113-19 (B) the provisional license holder satisfies any
113-20 other licensing requirements under this Act.
113-21 (d) The board must approve or deny a provisional license
113-22 holder's application for a license not later than the 180th day
113-23 after the date the provisional license is issued. The board may
113-24 extend the 180-day period if the results of an examination have not
113-25 been received by the board before the end of that period.
113-26 (e) The board may establish a fee for provisional licenses
113-27 in an amount reasonable and necessary to cover the cost of issuing
114-1 the license.
114-2 SECTION 17.13. Subsection (e), Section 7, Texas Medical
114-3 Physics Practice Act (Article 4512n, Vernon's Texas Civil
114-4 Statutes), is repealed.
114-5 SECTION 17.14. The changes in law made by this Act in the
114-6 prohibitions applying to members of the Texas Board of Licensure
114-7 for Professional Medical Physicists do not affect the entitlement
114-8 of a member serving on the board immediately before September 1,
114-9 1999, to continue to serve and function as a member of the board
114-10 for the remainder of the member's term. The changes in law apply
114-11 only to a member appointed on or after September 1, 1999.
114-12 ARTICLE 18. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO
114-13 THE REGULATION OF MASSAGE THERAPISTS
114-14 SECTION 18.01. Subsection (b), Section 2, Chapter 752, Acts
114-15 of the 69th Legislature, Regular Session, 1985 (Article 4512k,
114-16 Vernon's Texas Civil Statutes), is amended to read as follows:
114-17 (b) An individual who registers as a massage therapist under
114-18 this Act must present evidence satisfactory to the board that the
114-19 person:
114-20 (1) has satisfactorily completed massage therapy
114-21 studies in a 300 hour, supervised course of instruction provided by
114-22 a massage therapy instructor, by a massage school registered by the
114-23 department, by a state approved educational institution, or by any
114-24 combination of instructors or schools, in which 125 hours are
114-25 dedicated to the study of Swedish massage therapy techniques taught
114-26 by a massage therapy instructor, 50 hours to the study of anatomy,
114-27 25 hours to the study of physiology, 15 hours to the study of
115-1 hydrotherapy, 15 hours to the study of business practices and
115-2 professional ethics standards, 20 hours to the study of health and
115-3 hygiene, and 50 hours to an internship program; or
115-4 (2) [is registered as a massage therapist in another
115-5 state or country that has and maintains standards and requirements
115-6 of practice and licensing or registration that substantially
115-7 conform to those of this state, as determined by the department; or]
115-8 [(3)] has practiced massage therapy as a profession
115-9 for not less than five years in another state or country that does
115-10 not have or maintain standards and requirements of practice and
115-11 licensing or registration that substantially conform to those of
115-12 this state, as determined by the department.
115-13 SECTION 18.02. Chapter 752, Acts of the 69th Legislature,
115-14 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
115-15 Statutes), is amended by adding Sections 2C and 2D to read as
115-16 follows:
115-17 Sec. 2C. APPLICANT REGISTERED IN ANOTHER JURISDICTION.
115-18 (a) The board may waive any prerequisite to obtaining a
115-19 certificate of registration for an applicant for registration as a
115-20 massage therapist or massage therapy instructor after reviewing the
115-21 applicant's credentials and determining that the applicant holds a
115-22 license or certificate of registration issued by another
115-23 jurisdiction that has licensing or registration requirements
115-24 substantially equivalent to those of this state.
115-25 (b) The board may waive any prerequisite to obtaining a
115-26 certificate of registration for an applicant for registration as a
115-27 massage therapist or massage therapy instructor who holds a license
116-1 or certificate of registration issued by another jurisdiction with
116-2 which this state has a reciprocity agreement. The board may make
116-3 an agreement, subject to the approval of the governor, with another
116-4 state to allow for registration by reciprocity.
116-5 Sec. 2D. PROVISIONAL REGISTRATION. (a) The board may issue
116-6 a provisional certificate of registration to an applicant for
116-7 registration as a massage therapist or massage therapy instructor
116-8 currently licensed or registered in another jurisdiction who seeks
116-9 a certificate of registration in this state and who:
116-10 (1) has been licensed or registered in good standing
116-11 as a massage therapist or massage therapy instructor, as
116-12 applicable, for at least two years in another jurisdiction,
116-13 including a foreign country, that has licensing or registration
116-14 requirements substantially equivalent to the requirements of this
116-15 Act;
116-16 (2) has passed a national or other examination
116-17 recognized by the board relating to the practice of massage
116-18 therapy; and
116-19 (3) is sponsored by a person registered by the board
116-20 under this Act with whom the provisional registrant will practice
116-21 during the time the person holds a provisional certificate of
116-22 registration.
116-23 (b) The board may waive the requirement of Subsection (a)(3)
116-24 for an applicant if the board determines that compliance with that
116-25 subsection would be a hardship to the applicant.
116-26 (c) A provisional certificate of registration is valid until
116-27 the date the board approves or denies the provisional registrant's
117-1 application for registration. The board shall issue a certificate
117-2 of registration under this Act to the provisional registrant if:
117-3 (1) the provisional registrant is eligible to be
117-4 certified under Section 2C of this Act; or
117-5 (2) the provisional registrant passes the part of the
117-6 examination under Section 7 of this Act that relates to the
117-7 applicant's knowledge and understanding of the laws and rules
117-8 relating to the practice of massage therapy in this state and:
117-9 (A) the board verifies that the provisional
117-10 registrant meets the academic and experience requirements for
117-11 registration under this Act; and
117-12 (B) the provisional registrant satisfies any
117-13 other registration requirements under this Act.
117-14 (d) The board must approve or deny a provisional
117-15 registrant's application for a certificate of registration not
117-16 later than the 180th day after the date the provisional certificate
117-17 of registration is issued. The board may extend the 180-day period
117-18 if the results of an examination have not been received by the
117-19 board before the end of that period.
117-20 (e) The board may establish a fee for provisional
117-21 certificates of registration in an amount reasonable and necessary
117-22 to cover the cost of issuing the certificate of registration.
117-23 SECTION 18.03. Chapter 752, Acts of the 69th Legislature,
117-24 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
117-25 Statutes), is amended by adding Sections 7E, 7F, and 7G to read as
117-26 follows:
117-27 Sec. 7E. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
118-1 later than the 30th day after the date a person takes a
118-2 registration examination under this Act, the department shall
118-3 notify the person of the results of the examination.
118-4 (b) If the examination is graded or reviewed by a testing
118-5 service:
118-6 (1) the department shall notify the person of the
118-7 results of the examination not later than the 14th day after the
118-8 date the department receives the results from the testing service;
118-9 and
118-10 (2) if notice of the examination results will be
118-11 delayed for longer than 90 days after the examination date, the
118-12 department shall notify the person of the reason for the delay
118-13 before the 90th day.
118-14 (c) The department may require a testing service to notify a
118-15 person of the results of the person's examination.
118-16 (d) If requested in writing by a person who fails a
118-17 registration examination administered under this Act, the
118-18 department shall furnish the person with an analysis of the
118-19 person's performance on the examination.
118-20 Sec. 7F. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING
118-21 BY REGISTRANT. (a) The board may not adopt rules restricting
118-22 advertising or competitive bidding by a registrant except to
118-23 prohibit false, misleading, or deceptive practices.
118-24 (b) In its rules to prohibit false, misleading, or deceptive
118-25 practices, the board may not include a rule that:
118-26 (1) restricts the use of any medium for advertising;
118-27 (2) restricts the use of a registrant's personal
119-1 appearance or voice in an advertisement;
119-2 (3) relates to the size or duration of an
119-3 advertisement by the registrant; or
119-4 (4) restricts the registrant's advertisement under a
119-5 trade name.
119-6 Sec. 7G. CONTINUING EDUCATION. The board shall recognize,
119-7 prepare, or administer continuing education programs for its
119-8 registrants. A registrant must participate in the programs to the
119-9 extent required by the board to keep the person's certificate of
119-10 registration.
119-11 SECTION 18.04. Sections 11 and 12, Chapter 752, Acts of the
119-12 69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
119-13 Texas Civil Statutes), are amended to read as follows:
119-14 Sec. 11. REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR
119-15 REVOCATION. (a) The board [department] may refuse to issue a
119-16 registration certificate to an applicant and shall[, may] suspend,
119-17 [or] revoke, or refuse to renew a registration certificate, or
119-18 shall reprimand a registrant [may place a registered person,
119-19 including a massage school, massage therapy instructor, or massage
119-20 establishment, on probation] for any of the following causes:
119-21 (1) obtaining a certificate by means of fraud,
119-22 misrepresentation, or concealment of material facts;
119-23 (2) selling, bartering, or offering [offer] to sell or
119-24 barter a registration certificate;
119-25 (3) violating any rule adopted by the board;
119-26 (4) engaging in unprofessional conduct that has
119-27 endangered or is likely to endanger the health, welfare, or safety
120-1 of the public as defined by the rules established by the board;
120-2 (5) violating a regulation adopted by a political
120-3 subdivision under Chapter 243, Local Government Code; or
120-4 (6) violating any provisions of this Act.
120-5 (b) The board may place on probation a person, including a
120-6 massage school, massage therapy instructor, or massage
120-7 establishment, whose registration certificate is suspended. If a
120-8 registration suspension is probated, the board may require the
120-9 person:
120-10 (1) to report regularly to the department on matters
120-11 that are the basis of the probation;
120-12 (2) to limit practice to the areas prescribed by the
120-13 board; or
120-14 (3) to continue or review professional education until
120-15 the person attains a degree of skill satisfactory to the board in
120-16 those areas that are the basis of the probation.
120-17 (c) An individual who has been convicted of, entered a plea
120-18 of nolo contendere or guilty to, or received deferred adjudication
120-19 to crimes or offenses involving prostitution or sexual offenses is
120-20 ineligible for registration as a massage therapist, massage therapy
120-21 instructor, massage school, or massage establishment. The
120-22 department shall revoke the registration of a person registered as
120-23 a massage therapist or massage therapy instructor who is convicted
120-24 of, enters a plea of nolo contendere or guilty to, or receives
120-25 deferred adjudication to a crime or offense involving prostitution
120-26 or other sexual offenses, or who the department determines has
120-27 practiced or administered massage therapy at or for a sexually
121-1 oriented business. The department shall revoke the registration of
121-2 a person registered as a massage school or massage establishment if
121-3 the department determines that the school or establishment is a
121-4 sexually oriented business, or that a crime or offense involving
121-5 prostitution or other sexual offenses and resulting in a
121-6 conviction, or to which a plea of nolo contendere or guilty was
121-7 entered or deferred adjudication was received, has occurred on the
121-8 premises of the school or establishment.
121-9 (d) [(c)] A person whose application for registration is
121-10 denied, who has been reprimanded, or whose registration is
121-11 suspended or revoked is entitled to a hearing before the department
121-12 if the person submits a written request to the department.
121-13 Hearings are governed by department rules for a contested hearing
121-14 and by Chapter 2001, Government Code [the Administrative Procedure
121-15 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
121-16 Statutes)].
121-17 (e) [(d)] A person convicted of a violation of this Act is
121-18 ineligible for registration as a massage therapist, massage therapy
121-19 instructor, massage school, or massage establishment for a period
121-20 of five years.
121-21 Sec. 12. RENEWAL OF REGISTRATION. (a) Registration under
121-22 this Act is subject to periodic renewal and expires unless the
121-23 registered person submits an application for renewal accompanied by
121-24 the renewal fee prescribed by the department or by the late fee
121-25 prescribed by this section.
121-26 (b) The department shall adopt a system under which
121-27 registrations expire and are renewed on various dates of the year.
122-1 Initial registration fees shall be prorated so that a registered
122-2 person pays only for that part of the renewal period for which the
122-3 registration is issued until the expiration date of the
122-4 registration.
122-5 (c) A person who is otherwise eligible to renew a
122-6 registration may renew an unexpired registration by paying the
122-7 required renewal fee to the department before the expiration date
122-8 of the registration. A person whose registration has expired may
122-9 not engage in activities that require registration until the
122-10 registration has been renewed.
122-11 (d) A person whose registration has been expired for 90
122-12 days or less may renew the registration by paying to the
122-13 department a renewal fee that is equal to 1-1/2 times the normally
122-14 required renewal fee.
122-15 (e) A person whose registration has been expired for more
122-16 than 90 days but less than one year may renew the registration by
122-17 paying to the department a renewal fee that is equal to two times
122-18 the normally required renewal fee.
122-19 (f) A person whose registration has been expired for one
122-20 year or more may not renew the registration. The person may
122-21 register by complying with the requirements and procedures,
122-22 including the examination requirements, for originally registering.
122-23 (g) A person who was registered in this state, moved to
122-24 another state, and is currently registered or licensed and has been
122-25 in practice in the other state for the two years preceding the date
122-26 of application may register without reexamination. The person must
122-27 pay to the department a fee that is equal to two times the normally
123-1 required renewal fee for registration.
123-2 (h) Not later than the 30th day before the date a person's
123-3 registration is scheduled to expire, the department shall send
123-4 written notice of the impending expiration to the person at the
123-5 person's last known address according to the records of the
123-6 department. [A person registered under this Act who does not renew
123-7 registration by the expiration date may renew the registration not
123-8 later than the first anniversary of the expiration date by meeting
123-9 the requirements set forth in this section and paying a late
123-10 penalty fee.]
123-11 [(d) The registration of a person who fails to meet the
123-12 renewal requirements of this section is void. Such a person must
123-13 submit a new application, pay the appropriate fees, and meet the
123-14 current requirements for registration.]
123-15 ARTICLE 19. STANDARD SUNSET REVIEW PROVISIONS AND CERTAIN OTHER
123-16 PROVISIONS APPLICABLE TO STATE REGULATION INVOLVING EMERGENCY
123-17 MEDICAL SERVICES
123-18 SECTION 19.01. Subchapter A, Chapter 773, Health and Safety
123-19 Code, is amended by adding Section 773.012 to read as follows:
123-20 Sec. 773.012. ADVISORY COUNCIL. (a) The governor shall
123-21 appoint an advisory council to advise the board regarding matters
123-22 related to the responsibilities of the board, commissioner, and
123-23 department under this chapter.
123-24 (b) The advisory council is composed of the following 15
123-25 members appointed by the governor:
123-26 (1) a board-certified emergency physician, appointed
123-27 from a list of names recommended by a statewide professional
124-1 association of emergency physicians;
124-2 (2) a licensed physician who is an emergency medical
124-3 services medical director, appointed from a list of names
124-4 recommended by a statewide professional association of emergency
124-5 medical services medical directors;
124-6 (3) a fire chief for a municipality that provides
124-7 emergency medical services, appointed from a list of names
124-8 recommended by a statewide fire chiefs association;
124-9 (4) an officer or employee of a private provider of
124-10 emergency medical services, appointed from a list of names
124-11 recommended by a statewide association of private providers of
124-12 emergency medical services;
124-13 (5) a volunteer who provides emergency medical
124-14 services, appointed from a list of names recommended by a statewide
124-15 association of volunteers;
124-16 (6) an educator in the field of emergency medical
124-17 services;
124-18 (7) a member of an emergency medical services air
124-19 medical team or unit, appointed from a list of names recommended by
124-20 a statewide emergency medical services air medical association;
124-21 (8) a representative of a fire department that
124-22 provides emergency medical services, appointed from a list of names
124-23 recommended by a statewide association of firefighters;
124-24 (9) a representative of hospitals, appointed from a
124-25 list of names recommended by a statewide association of hospitals;
124-26 (10) a representative of a county provider of
124-27 emergency medical services; and
125-1 (11) five representatives of the general public who
125-2 are not qualified to serve under another subdivision of this
125-3 subsection.
125-4 (c) A person may not be a public member of the advisory
125-5 council if the person or the person's spouse:
125-6 (1) is registered, certified, or licensed by a
125-7 regulatory agency in the field of emergency medical services;
125-8 (2) is employed by or participates in the management
125-9 of a business entity or other organization regulated by or
125-10 receiving money from the department;
125-11 (3) owns or controls, directly or indirectly, more
125-12 than a 10 percent interest in a business entity or other
125-13 organization regulated by or receiving money from the department;
125-14 or
125-15 (4) uses or receives a substantial amount of tangible
125-16 goods, services, or money from the department other than
125-17 reimbursement authorized by law for advisory council membership,
125-18 attendance, or expenses.
125-19 (d) In this subsection, "Texas trade association" means a
125-20 cooperative and voluntarily joined association of business or
125-21 professional competitors in this state designed to assist its
125-22 members and its industry or profession in dealing with mutual
125-23 business or professional problems and in promoting their common
125-24 interest. A person may not be a member of the advisory council if:
125-25 (1) the person is an officer, employee, or paid
125-26 consultant of a Texas trade association in the field of emergency
125-27 medical services; or
126-1 (2) the person's spouse is an officer, manager, or
126-2 paid consultant of a Texas trade association in the field of
126-3 emergency medical services.
126-4 (e) A person may not be a member of the advisory council if
126-5 the person is required to register as a lobbyist under Chapter 305,
126-6 Government Code, because of the person's activities for
126-7 compensation on behalf of a profession related to the operation of
126-8 the department.
126-9 (f) Members of the advisory council serve staggered six-year
126-10 terms with the terms of five members expiring January 1 of each
126-11 even-numbered year. A vacancy on the advisory council is filled in
126-12 the same manner as the original appointment for the unexpired term.
126-13 (g) The governor shall appoint the presiding officer of the
126-14 advisory council.
126-15 (h) A member of the advisory council serves without
126-16 compensation. Chapter 2110, Government Code, does not apply to the
126-17 size, composition, or duration of the advisory council.
126-18 (i) The advisory council shall meet at least quarterly in
126-19 the city of Austin. The advisory council shall meet as provided by
126-20 procedural rules adopted by the advisory council or at the call of
126-21 the presiding officer. The advisory council may appoint committees
126-22 it considers necessary to perform its duties.
126-23 (j) The advisory council periodically shall review board
126-24 rules relating to this chapter and may recommend changes in those
126-25 rules to the board. The board and the commissioner shall ensure
126-26 that the advisory council is given adequate time and opportunity to
126-27 review and comment on each rule proposed for adoption by the board
127-1 under this chapter, including the amendment or repeal of an
127-2 existing rule, but not including an emergency rule.
127-3 SECTION 19.02. Section 773.050, Health and Safety Code, is
127-4 amended by amending Subsection (b) and adding Subsection (f) to
127-5 read as follows:
127-6 (b) The board by rule shall establish minimum standards for:
127-7 (1) staffing an advanced life-support emergency
127-8 medical services vehicle, a mobile intensive-care unit, or a
127-9 specialized emergency medical services vehicle;
127-10 (2) emergency medical services personnel certification
127-11 and performance, including provisional certification,
127-12 certification, decertification, recertification, suspension,
127-13 emergency suspension, and probation;
127-14 (3) the approval of courses and training programs, the
127-15 certification of program instructors, examiners, and course
127-16 coordinators for emergency medical services personnel training, and
127-17 the revocation and probation of an approval or certification;
127-18 (4) [continuing education programs and] examinations
127-19 of emergency medical services personnel;
127-20 (5) medical supervision of basic and advanced
127-21 life-support systems;
127-22 (6) granting, suspending, and revoking a license for
127-23 emergency medical services providers; and
127-24 (7) emergency medical services vehicles.
127-25 (f) The board shall recognize, prepare, or administer
127-26 continuing education programs for certified personnel. A
127-27 certificate holder must participate in the programs to the extent
128-1 required by the board to remain certified.
128-2 SECTION 19.03. Subchapter C, Chapter 773, Health and Safety
128-3 Code, is amended by adding Section 773.0505 to read as follows:
128-4 Sec. 773.0505. RULES REGARDING ADVERTISING OR COMPETITIVE
128-5 BIDDING. (a) The board may not adopt rules restricting
128-6 advertising or competitive bidding by a license or certificate
128-7 holder except to prohibit false, misleading, or deceptive
128-8 practices.
128-9 (b) In its rules to prohibit false, misleading, or deceptive
128-10 practices, the board may not include a rule that:
128-11 (1) restricts the use of any medium for advertising;
128-12 (2) restricts the use of a license or certificate
128-13 holder's personal appearance or voice in an advertisement;
128-14 (3) relates to the size or duration of an
128-15 advertisement by the license or certificate holder; or
128-16 (4) restricts the license or certificate holder's
128-17 advertisement under a trade name.
128-18 SECTION 19.04. Section 773.055, Health and Safety Code, is
128-19 amended by adding Subsections (g) and (h) to read as follows:
128-20 (g) The board by rule may adopt a system under which
128-21 certificates expire on various dates during the year. For the year
128-22 in which the certificate expiration date is changed, the department
128-23 shall prorate certificate fees on a monthly basis so that each
128-24 certificate holder pays only that portion of the certificate fee
128-25 that is allocable to the number of months during which the
128-26 certificate is valid. On renewal of the certificate on the new
128-27 expiration date, the total certificate renewal fee is payable.
129-1 (h) The department shall ensure that the written
129-2 examinations and any other tests that the department requires a
129-3 person to take and pass to obtain or retain certification as
129-4 emergency medical services personnel shall be administered during
129-5 the course of a year at various locations around the state so that
129-6 a person who resides in any part of the state will be able to take
129-7 the examinations or tests without having to travel a distance that
129-8 as a practical matter requires either travel by air or an overnight
129-9 stay.
129-10 SECTION 19.05. Section 773.059, Health and Safety Code, is
129-11 amended to read as follows:
129-12 Sec. 773.059. LATE RECERTIFICATION. (a) A person who is
129-13 otherwise eligible to renew a certificate may renew an unexpired
129-14 certificate by paying the required renewal fee to the department
129-15 before the expiration date of the certificate. A person whose
129-16 certificate has expired may not engage in activities that require
129-17 certification until the certificate has been renewed.
129-18 (b) A person whose certificate has been expired for 90 days
129-19 or less may renew the certificate by paying to the department a
129-20 renewal fee that is equal to 1-1/2 times the normally required
129-21 renewal fee.
129-22 (c) A person whose certificate has been expired for more
129-23 than 90 days but less than one year may renew the certificate by
129-24 paying to the department a renewal fee that is equal to two times
129-25 the normally required renewal fee.
129-26 (d) A person whose certificate has been expired for one year
129-27 or more may not renew the certificate. The person may become
130-1 certified by complying with the requirements and procedures,
130-2 including the examination requirements, for an original
130-3 certification.
130-4 (e) A person who was certified in this state, moved to
130-5 another state, and is currently certified or licensed and has been
130-6 in practice in the other state for the two years preceding the date
130-7 of application may become certified without reexamination. The
130-8 person must pay to the department a fee that is equal to two times
130-9 the normally required renewal fee for certification.
130-10 (f) Not later than the 30th day before the date a person's
130-11 certificate is scheduled to expire, the department shall send
130-12 written notice of the impending expiration to the person at the
130-13 person's last known address according to the records of the
130-14 department. [Except as provided by Subsection (b), a person
130-15 applying for recertification whose application is received after
130-16 the expiration date of the person's certificate must pay a late fee
130-17 of $25.]
130-18 (g) [(b)] A person certified by the department who is
130-19 deployed in support of military, security, or other action by the
130-20 United Nations Security Council, a national emergency declared by
130-21 the president of the United States, or a declaration of war by the
130-22 United States Congress is eligible for recertification under
130-23 Section 773.050 on the person's demobilization for one calendar
130-24 year after the date of demobilization.
130-25 SECTION 19.06. Section 773.061, Health and Safety Code, is
130-26 amended to read as follows:
130-27 Sec. 773.061. DISCIPLINARY ACTIONS. (a) For a violation of
131-1 this chapter or a rule adopted under this chapter, the department
131-2 shall revoke, suspend, or refuse to renew a license or certificate
131-3 of or shall reprimand [department may]:
131-4 (1) [decertify, suspend, place on emergency
131-5 suspension, or place on probation] emergency medical services
131-6 personnel;
131-7 (2) [revoke or place on probation course or training
131-8 program approval;]
131-9 [(3) revoke, suspend, or place on probation the
131-10 certificate of] a program instructor, examiner, or course
131-11 coordinator; and
131-12 (3) [(4) revoke, suspend, or place on probation] an
131-13 emergency medical services provider license holder.
131-14 (b) For a violation of this chapter or a rule adopted under
131-15 this chapter, the department shall revoke, suspend, or refuse to
131-16 renew approval of a course or training program.
131-17 (c) For a violation of this chapter or a rule adopted under
131-18 this chapter, the department may place on emergency suspension
131-19 emergency medical services personnel.
131-20 (d) The department may place on probation a course or
131-21 training program or a person, including emergency medical services
131-22 personnel, an emergency medical services provider license holder,
131-23 or a program instructor, examiner, or course coordinator, whose
131-24 certificate, license, or approval is suspended. If a suspension is
131-25 probated, the department may require the person or the sponsor of a
131-26 course or training program, as applicable:
131-27 (1) to report regularly to the department on matters
132-1 that are the basis of the probation;
132-2 (2) to limit practice to the areas prescribed by the
132-3 board; or
132-4 (3) to continue or review professional education until
132-5 the person attains a degree of skill satisfactory to the department
132-6 in those areas that are the basis of the probation.
132-7 (e) Except as provided by Section 773.062, the procedures by
132-8 which the department takes action under this section and the
132-9 procedures by which that action is appealed are governed by the
132-10 procedures for a contested case hearing under Chapter 2001,
132-11 Government Code.
132-12 SECTION 19.07. The Texas Board of Health shall abolish any
132-13 advisory body created by rule to perform the functions assigned to
132-14 the advisory council created by Section 773.012, Health and Safety
132-15 Code, as added by this Act.
132-16 ARTICLE 20. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
132-17 REGULATION OF CERTAIN ASBESTOS-RELATED ACTIVITIES
132-18 SECTION 20.01. The Texas Asbestos Health Protection Act
132-19 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
132-20 adding Section 5A to read as follows:
132-21 Sec. 5A. PROVISIONAL LICENSE OR REGISTRATION. (a) The
132-22 department may provisionally license or register an applicant
132-23 currently licensed or registered in another jurisdiction who seeks
132-24 a license or registration in this state and who:
132-25 (1) has been licensed or registered in good standing
132-26 to perform the relevant asbestos-related activity for at least two
132-27 years in another jurisdiction, including a foreign country, that
133-1 has licensing or registration requirements substantially equivalent
133-2 to the requirements of this Act;
133-3 (2) has passed a national or other examination
133-4 recognized by the department relating to the relevant
133-5 asbestos-related activity, if the department requires an
133-6 examination under Subsection (h) of Section 10 of this Act to
133-7 obtain the license or registration required to perform that
133-8 activity; and
133-9 (3) is sponsored by a person licensed by the
133-10 department under this Act with whom the provisional license or
133-11 registration holder will practice during the time the person holds
133-12 a provisional license or registration.
133-13 (b) The department may waive the requirement of Subsection
133-14 (a)(3) for an applicant if the department determines that
133-15 compliance with that subsection would be a hardship to the
133-16 applicant.
133-17 (c) A provisional license or registration is valid until the
133-18 date the department approves or denies the provisional license or
133-19 registration holder's application for licensing or registration.
133-20 The department shall issue a license or registration under this Act
133-21 to the provisional license or registration holder if:
133-22 (1) the provisional license or registration holder is
133-23 eligible to be licensed or registered under Subsection (j) of
133-24 Section 12 of this Act; or
133-25 (2) the provisional license or registration holder
133-26 passes the part of the examination under Subsection (h) of Section
133-27 10 of this Act that relates to the applicant's knowledge and
134-1 understanding of the laws and rules relating to the performance of
134-2 the relevant asbestos-related activity in this state, if the
134-3 department requires an examination under Subsection (h) of Section
134-4 10 of this Act to obtain the license or registration required to
134-5 perform that activity, and:
134-6 (A) the department verifies that the provisional
134-7 license or registration holder meets the relevant academic and
134-8 experience requirements for the requested license or registration
134-9 under this Act; and
134-10 (B) the provisional license or registration
134-11 holder satisfies any other applicable licensing or registration
134-12 requirements under this Act.
134-13 (d) The department must approve or deny a provisional
134-14 license or registration holder's application for a license or
134-15 registration not later than the 180th day after the date the
134-16 provisional license or registration is issued. The department may
134-17 extend the 180-day period if the results of an examination have not
134-18 been received by the department before the end of that period.
134-19 (e) The department may establish a fee for a provisional
134-20 license or registration in an amount reasonable and necessary to
134-21 cover the cost of issuing the license or registration.
134-22 SECTION 20.02. Section 6, Texas Asbestos Health Protection
134-23 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
134-24 amending Subsections (a) and (f) and adding Subsections (g)-(k) to
134-25 read as follows:
134-26 (a) A license issued under this Act expires on the first
134-27 anniversary of its effective date, unless the license is renewed
135-1 for a one-year term as provided by this section. The department by
135-2 rule may adopt a system under which licenses expire on various
135-3 dates during the year. For the year in which the license
135-4 expiration date is changed, the department shall prorate license
135-5 fees on a monthly basis so that each license holder pays only that
135-6 portion of the license fee that is allocable to the number of
135-7 months during which the license is valid. On renewal of the license
135-8 on the new expiration date, the total license renewal fee is
135-9 payable.
135-10 (f) A licensee may request a replacement license certificate
135-11 on completion of an appropriate application. [The fee for
135-12 reissuance shall not exceed $50.]
135-13 (g) A person whose license has expired may not engage in
135-14 activities that require a license until the license has been
135-15 renewed.
135-16 (h) A person whose license has been expired for 90 days or
135-17 less may renew the license by paying to the department a renewal
135-18 fee that is equal to 1-1/2 times the normally required renewal fee.
135-19 (i) A person whose license has been expired for more than 90
135-20 days but less than one year may renew the license by paying to the
135-21 department a renewal fee that is equal to two times the normally
135-22 required renewal fee.
135-23 (j) A person whose license has been expired for one year or
135-24 more may not renew the license. The person may obtain a new
135-25 license by complying with the requirements and procedures,
135-26 including the examination requirements, for obtaining an original
135-27 license.
136-1 (k) A person who was licensed in this state, moved to
136-2 another state, and is currently licensed and has been in practice
136-3 in the other state for the two years preceding the date of
136-4 application may obtain a new license without reexamination. The
136-5 person must pay to the department a fee that is equal to two times
136-6 the normally required renewal fee for the license.
136-7 SECTION 20.03. Section 8, Texas Asbestos Health Protection
136-8 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
136-9 amending Subsection (a) and adding Subsection (g) to read as
136-10 follows:
136-11 (a) After notice to the licensee and an opportunity for a
136-12 hearing, the department shall [may] reprimand the licensee or
136-13 modify, suspend, suspend on an emergency basis, or revoke a license
136-14 under this Act if an act or omission of the licensee meets the
136-15 criteria prescribed by the board under Subsection (c) of this
136-16 section.
136-17 (g) The department may place on probation a person whose
136-18 license is suspended. If a suspension is probated, the department
136-19 may require the person:
136-20 (1) to report regularly to the department on matters
136-21 that are the basis of the probation;
136-22 (2) to limit practice to the areas prescribed by the
136-23 board; or
136-24 (3) to continue or review professional education until
136-25 the person attains a degree of skill satisfactory to the board in
136-26 those areas that are the basis of the probation.
136-27 SECTION 20.04. Section 9, Texas Asbestos Health Protection
137-1 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
137-2 amending Subsections (b) and (h) and adding Subsection (j) to read
137-3 as follows:
137-4 (b) An application for registration or renewal as an
137-5 asbestos worker must be made on a form provided by the department.
137-6 An application for registration [or reregistration] must be
137-7 accompanied by a nonrefundable fee set by the board in an amount
137-8 not to exceed $50.
137-9 (h) After notice to the registrant and an opportunity for a
137-10 hearing in accordance with Section 11 of this Act, the department
137-11 shall [may] reprimand any registered worker or suspend, suspend on
137-12 an emergency basis, [or] revoke, or refuse to renew any
137-13 registration if the worker:
137-14 (1) has fraudulently or deceptively assigned,
137-15 obtained, or attempted to assign or obtain a registration or
137-16 renewal; or
137-17 (2) fails to comply with federal, state, or local
137-18 asbestos law or rule or with any order issued by the board or
137-19 department.
137-20 (j) The department may place on probation a person whose
137-21 registration is suspended. If a suspension is probated, the
137-22 department may require the person:
137-23 (1) to report regularly to the department on matters
137-24 that are the basis of the probation;
137-25 (2) to limit practice to the areas prescribed by the
137-26 board; or
137-27 (3) to continue or review professional education until
138-1 the person attains a degree of skill satisfactory to the board in
138-2 those areas that are the basis of the probation.
138-3 SECTION 20.05. The Texas Asbestos Health Protection Act
138-4 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
138-5 adding Section 10A to read as follows:
138-6 Sec. 10A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
138-7 later than the 30th day after the date a person takes a licensing
138-8 or registration examination under this Act, the department shall
138-9 notify the person of the results of the examination.
138-10 (b) If the examination is graded or reviewed by a testing
138-11 service:
138-12 (1) the department shall notify the person of the
138-13 results of the examination not later than the 14th day after the
138-14 date the department receives the results from the testing service;
138-15 and
138-16 (2) if notice of the examination results will be
138-17 delayed for longer than 90 days after the examination date, the
138-18 department shall notify the person of the reason for the delay
138-19 before the 90th day.
138-20 (c) The department may require a testing service to notify a
138-21 person of the results of the person's examination.
138-22 (d) If requested in writing by a person who fails a
138-23 licensing or registration examination administered under this Act,
138-24 the department shall furnish the person with an analysis of the
138-25 person's performance on the examination.
138-26 SECTION 20.06. The Texas Asbestos Health Protection Act
138-27 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
139-1 adding Section 12A to read as follows:
139-2 Sec. 12A. RULES REGARDING ADVERTISING OR COMPETITIVE
139-3 BIDDING. (a) The board may not adopt rules restricting
139-4 advertising or competitive bidding by a license or registration
139-5 holder except to prohibit false, misleading, or deceptive
139-6 practices.
139-7 (b) In its rules to prohibit false, misleading, or deceptive
139-8 practices, the board may not include a rule that:
139-9 (1) restricts the use of any medium for advertising;
139-10 (2) restricts the use of a license or registration
139-11 holder's personal appearance or voice in an advertisement;
139-12 (3) relates to the size or duration of an
139-13 advertisement by the license or registration holder; or
139-14 (4) restricts the license or registration holder's
139-15 advertisement under a trade name.
139-16 ARTICLE 21. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
139-17 REGULATION OF CERTAIN LEAD-BASED PAINT ACTIVITIES
139-18 SECTION 21.01. Chapter 332, Acts of the 74th Legislature,
139-19 Regular Session, 1995 (Article 9029, Vernon's Texas Civil
139-20 Statutes), is amended by adding Sections 3A and 3B to read as
139-21 follows:
139-22 Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
139-23 later than the 30th day after the date a person takes any
139-24 certification or accreditation examination under this Act, the
139-25 department shall notify the person of the results of the
139-26 examination.
139-27 (b) If an examination is graded or reviewed by a testing
140-1 service:
140-2 (1) the department shall notify the person of the
140-3 results of the examination not later than the 14th day after the
140-4 date the department receives the results from the testing service;
140-5 and
140-6 (2) if notice of the examination results will be
140-7 delayed for longer than 90 days after the examination date, the
140-8 department shall notify the person of the reason for the delay
140-9 before the 90th day.
140-10 (c) The department may require a testing service to notify a
140-11 person of the results of the person's examination.
140-12 (d) If requested in writing by a person who fails a
140-13 certification or accreditation examination administered under this
140-14 Act, the department shall furnish the person with an analysis of
140-15 the person's performance on the examination.
140-16 Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
140-17 (a) The Texas Board of Health may not adopt rules restricting
140-18 advertising or competitive bidding by a certified or accredited
140-19 person except to prohibit false, misleading, or deceptive
140-20 practices.
140-21 (b) In its rules to prohibit false, misleading, or deceptive
140-22 practices, the board may not include a rule that:
140-23 (1) restricts the use of any medium for advertising;
140-24 (2) restricts the use of a certified or accredited
140-25 person's personal appearance or voice in an advertisement;
140-26 (3) relates to the size or duration of an
140-27 advertisement by the certified or accredited person; or
141-1 (4) restricts the certified or accredited person's
141-2 advertisement under a trade name.
141-3 SECTION 21.02. Chapter 332, Acts of the 74th Legislature,
141-4 Regular Session, 1995 (Article 9029, Vernon's Texas Civil
141-5 Statutes), is amended by adding Sections 6A, 6B, and 6C to read as
141-6 follows:
141-7 Sec. 6A. EXPIRATION DATES OF CERTIFICATION OR ACCREDITATION.
141-8 The Texas Board of Health by rule may adopt a system under which
141-9 certifications or accreditations expire on various dates during the
141-10 year. For the year in which the expiration date is changed, the
141-11 department shall prorate certification or accreditation fees on a
141-12 monthly basis so that each certified or accredited person pays only
141-13 that portion of the certification or accreditation fee that is
141-14 allocable to the number of months during which the certification or
141-15 accreditation is valid. On renewal of the certification or
141-16 accreditation on the new expiration date, the total certification
141-17 or accreditation renewal fee is payable.
141-18 Sec. 6B. RENEWAL OF CERTIFICATION OR ACCREDITATION. (a) A
141-19 person who is otherwise eligible to renew a certification or
141-20 accreditation may renew an unexpired certification or accreditation
141-21 by paying the required renewal fee to the department before the
141-22 expiration date of the certification or accreditation. A person
141-23 whose certification or accreditation has expired may not engage in
141-24 activities that require certification or accreditation until the
141-25 certification or accreditation has been renewed.
141-26 (b) A person whose certification or accreditation has been
141-27 expired for 90 days or less may renew the certification or
142-1 accreditation by paying to the department a renewal fee that is
142-2 equal to 1-1/2 times the normally required renewal fee.
142-3 (c) A person whose certification or accreditation has been
142-4 expired for more than 90 days but less than one year may renew the
142-5 certification or accreditation by paying to the department a
142-6 renewal fee that is equal to two times the normally required
142-7 renewal fee.
142-8 (d) A person whose certification or accreditation has been
142-9 expired for one year or more may not renew the certification or
142-10 accreditation. The person may become recertified or reaccredited by
142-11 complying with the requirements and procedures, including any
142-12 examination requirements, for an original certification or
142-13 accreditation.
142-14 (e) A person who was certified or accredited in this state,
142-15 moved to another state, and is currently certified or accredited
142-16 and has been in practice in the other state for the two years
142-17 preceding the date of application may become recertified or
142-18 reaccredited without reexamination. The person must pay to the
142-19 department a fee that is equal to two times the normally required
142-20 renewal fee for certification or accreditation.
142-21 (f) Not later than the 30th day before the date a person's
142-22 certification or accreditation is scheduled to expire, the
142-23 department shall send written notice of the impending expiration to
142-24 the person at the person's last known address according to the
142-25 records of the department.
142-26 Sec. 6C. DISCIPLINARY ACTIONS. (a) The department shall
142-27 revoke, suspend, or refuse to renew a certification or
143-1 accreditation or shall reprimand a certified or accredited person
143-2 for a violation of this Act or a rule of the board.
143-3 (b) The board may place on probation a person whose
143-4 certification or accreditation is suspended. If a suspension is
143-5 probated, the board may require the person:
143-6 (1) to report regularly to the department on matters
143-7 that are the basis of the probation;
143-8 (2) to limit practice to the areas prescribed by the
143-9 board; or
143-10 (3) to continue or review professional education until
143-11 the person attains a degree of skill satisfactory to the board in
143-12 those areas that are the basis of the probation.
143-13 ARTICLE 22. EFFECTIVE DATE; EMERGENCY
143-14 SECTION 22.01. This Act takes effect September 1, 1999.
143-15 SECTION 22.02. The importance of this legislation and the
143-16 crowded condition of the calendars in both houses create an
143-17 emergency and an imperative public necessity that the
143-18 constitutional rule requiring bills to be read on three several
143-19 days in each house be suspended, and this rule is hereby suspended.