1-1 By: McCall, Gray, Bosse (Senate Sponsor - Brown) H.B. No. 2085
1-2 (In the Senate - Received from the House March 29, 1999;
1-3 March 30, 1999, read first time and referred to Committee on Health
1-4 Services; May 3, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; May 3, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2085 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Texas Board of
1-11 Health and Texas Department of Health, including the operation of
1-12 certain boards and councils administratively attached to the
1-13 department; providing penalties.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 ARTICLE 1. GENERAL OPERATIONS AND ADMINISTRATION OF THE TEXAS
1-16 BOARD AND DEPARTMENT OF HEALTH
1-17 SECTION 1.01. Section 2003.021, Government Code, is amended
1-18 by adding Subsection (e) to read as follows:
1-19 (e) The office shall conduct all hearings in contested cases
1-20 under Chapter 2001 that are before the commissioner of public
1-21 health or the Texas Board of Health or Texas Department of Health.
1-22 SECTION 1.02. Section 11.003, Health and Safety Code, is
1-23 amended to read as follows:
1-24 Sec. 11.003. Sunset Provision. The Texas Board of Health
1-25 and the Texas Department of Health are subject to Chapter 325,
1-26 Government Code (Texas Sunset Act). Unless continued in existence
1-27 as provided by that chapter, the board and the department are
1-28 abolished and this chapter expires September 1, 2011 [1999].
1-29 SECTION 1.03. Chapter 11, Health and Safety Code, is amended
1-30 by adding Section 11.0045 to read as follows:
1-31 Sec. 11.0045. COMPREHENSIVE STRATEGIC AND OPERATIONAL PLAN.
1-32 (a) The board shall develop, publish, and to the extent allowed by
1-33 law implement a comprehensive strategic and operational plan.
1-34 (b) The board shall publish the plan not later than
1-35 September 1 of each even-numbered year. The board shall at a
1-36 minimum:
1-37 (1) make the plan available on its generally
1-38 accessible Internet site;
1-39 (2) make printed copies of the plan available on
1-40 request to members of the public; and
1-41 (3) send printed copies of the plan to the governor,
1-42 the lieutenant governor, the speaker of the house of
1-43 representatives, the Legislative Budget Board, and the committees
1-44 of the senate and the house of representatives that have oversight
1-45 responsibilities regarding the board and the department.
1-46 (c) The plan at a minimum must include:
1-47 (1) a statement of the aim and purpose of each of the
1-48 department's missions, including:
1-49 (A) the prevention of disease;
1-50 (B) the promotion of health;
1-51 (C) indigent health care;
1-52 (D) the protection of parents' fundamental right
1-53 to direct the health care and general upbringing of their children;
1-54 (E) acute care services for which the department
1-55 is responsible;
1-56 (F) health care facility regulation for which
1-57 the department is responsible;
1-58 (G) the licensing of health professions for
1-59 which the department is responsible; and
1-60 (H) all other health-related services for which
1-61 the department is responsible under law;
1-62 (2) an analysis regarding how each of the department's
1-63 missions relate to other department missions;
1-64 (3) a detailed analysis of how to integrate or
2-1 continue to integrate department programs with other department
2-2 programs, including the integration of information gathering and
2-3 information management within and across programs, for the purpose
2-4 of minimizing duplication of effort, increasing administrative
2-5 efficiency, simplifying access to department programs, and more
2-6 efficiently meeting the health needs of this state;
2-7 (4) a detailed proposal to integrate or continue to
2-8 integrate department programs with other department programs during
2-9 the two-year period covered by the plan, to the extent allowed by
2-10 law and in accordance with the department's analysis;
2-11 (5) a determination regarding whether it is necessary
2-12 to collect each type of information that the department collects,
2-13 and for each type of information that it is necessary for the
2-14 department to collect, whether the department is efficiently and
2-15 effectively collecting, analyzing, and disseminating the
2-16 information and protecting the privacy of individuals;
2-17 (6) an assessment of services provided by the
2-18 department that evaluates the need for the department to provide
2-19 those services in the future;
2-20 (7) a method for soliciting the advice and opinions of
2-21 local health departments, hospital districts, and other public
2-22 health entities, of recipients and providers of services that are
2-23 related to the department's missions, and of advocates for
2-24 recipients or providers for the purpose of identifying and
2-25 assessing:
2-26 (A) the health-related needs of the state;
2-27 (B) ways in which the department's programs and
2-28 information services can be better integrated and coordinated; and
2-29 (C) factors that the department should consider
2-30 before adopting rules that affect recipients or providers of
2-31 services that are related to the department's missions;
2-32 (8) a comprehensive inventory of health-related
2-33 information resources that meet department criteria for usefulness
2-34 and applicability to local health departments, to recipients or
2-35 providers of services that are related to the department's
2-36 missions, and to nonprofit entities, private businesses, and
2-37 community groups with missions that are related to health;
2-38 (9) a statement regarding the ways in which the
2-39 department will coordinate or attempt to coordinate with federal,
2-40 state, local, and private programs that provide services similar to
2-41 the services provided by the department;
2-42 (10) a list of other plans that the department is
2-43 required to prepare under state law and a recommendation regarding
2-44 which plans are obsolete or duplicate other required department
2-45 plans; and
2-46 (11) an assessment of the extent to which previous
2-47 plans prepared by the department under this section have
2-48 effectively helped the department to identify and achieve its
2-49 objectives, to improve its operations, or to guide persons who need
2-50 to identify department services, identify department requirements,
2-51 or communicate effectively with department personnel.
2-52 SECTION 1.04. Chapter 11, Health and Safety Code, is amended
2-53 by adding Section 11.0055 to read as follows:
2-54 Sec. 11.0055. REQUIRED BOARD MEMBER TRAINING. (a) A person
2-55 who is appointed to and qualifies for office as a member of the
2-56 board may not vote, deliberate, or be counted as a member in
2-57 attendance at a meeting of the board until the person completes a
2-58 training program that complies with this section.
2-59 (b) The training program must provide the person with
2-60 information regarding:
2-61 (1) the legislation that created the department and
2-62 the board;
2-63 (2) the programs operated by the department;
2-64 (3) the role and functions of the department;
2-65 (4) the rules of the department, with an emphasis on
2-66 the rules that relate to disciplinary and investigatory authority;
2-67 (5) the current budget for the department;
2-68 (6) the results of the most recent formal audit of the
2-69 department;
3-1 (7) the requirements of:
3-2 (A) the open meetings law, Chapter 551,
3-3 Government Code;
3-4 (B) the public information law, Chapter 552,
3-5 Government Code;
3-6 (C) the administrative procedure law, Chapter
3-7 2001, Government Code; and
3-8 (D) other laws relating to public officials,
3-9 including conflict-of-interest laws; and
3-10 (8) any applicable ethics policies adopted by the
3-11 department or the Texas Ethics Commission.
3-12 (c) A person appointed to the board is entitled to
3-13 reimbursement, as provided by the General Appropriations Act, for
3-14 the travel expenses incurred in attending the training program
3-15 regardless of whether the attendance at the program occurs before
3-16 or after the person qualifies for office.
3-17 SECTION 1.05. Section 11.006(a), Health and Safety Code, is
3-18 amended to read as follows:
3-19 (a) A person is not eligible for appointment as a public
3-20 member of the board if the person or the person's spouse:
3-21 (1) is employed by or participates in the management
3-22 of a business entity or other organization regulated by the
3-23 department or receiving funds from the department;
3-24 (2) is registered, certified, or licensed by the
3-25 department or by a regulatory board or other agency that is under
3-26 the jurisdiction of the department or administratively attached to
3-27 the department;
3-28 (3) owns, controls, or has, directly or indirectly,
3-29 more than a 10 percent interest in a business entity or other
3-30 organization regulated by the department or receiving funds from
3-31 the department; or
3-32 (4) [(3)] uses or receives a substantial amount of
3-33 tangible goods, services, or funds from the department other than
3-34 compensation or reimbursement authorized by law for board
3-35 membership, attendance, or expenses.
3-36 SECTION 1.06. Section 11.009(c), Health and Safety Code, is
3-37 amended to read as follows:
3-38 (c) If the commissioner has knowledge that a potential
3-39 ground for removal exists, the commissioner shall notify the
3-40 chairman of the board of the ground. The chairman shall then
3-41 notify the governor and the attorney general that a potential
3-42 ground for removal exists. If the potential ground for removal
3-43 involves the chairman, the commissioner shall notify the next
3-44 highest ranking officer of the board, who shall then notify the
3-45 governor and the attorney general that a potential ground for
3-46 removal exists.
3-47 SECTION 1.07. Section 11.018(d), Health and Safety Code, is
3-48 amended to read as follows:
3-49 (d) The department shall keep an information file about each
3-50 complaint filed with the department relating to[:]
3-51 [(1)] a license holder or entity regulated by the
3-52 department[;] or
3-53 [(2)] a service delivered by the department. The file
3-54 must include:
3-55 (1) the name of the person who filed the complaint;
3-56 (2) the date the complaint is received by the
3-57 department;
3-58 (3) the subject matter of the complaint;
3-59 (4) the name of each person contacted in relation to
3-60 the complaint;
3-61 (5) a summary of the results of the review or
3-62 investigation of the complaint; and
3-63 (6) an explanation of the reason the file was closed,
3-64 if the department closed the file without taking action other than
3-65 to investigate the complaint.
3-66 SECTION 1.08. Subchapter A, Chapter 12, Health and Safety
3-67 Code, is amended by adding Sections 12.004 and 12.005 to read as
3-68 follows:
3-69 Sec. 12.004. DEVELOPMENT OF PROPOSED RULES. (a) This
4-1 section applies to the process by which the department develops
4-2 proposed rules for the board's consideration before the proposed
4-3 rules are published in the Texas Register and before the board,
4-4 commissioner, or department complies with the rulemaking
4-5 requirements of the administrative procedure law, Chapter 2001,
4-6 Government Code. This section does not affect the duty of the
4-7 board, commissioner, or department to comply with the rulemaking
4-8 requirements of that law.
4-9 (b) The board shall require the department to establish a
4-10 checklist of methods that, to the extent appropriate, the
4-11 department will follow to obtain early in the rule development
4-12 process the advice and opinions of the public and of persons who
4-13 will be most affected by a proposed rule. The checklist must
4-14 include methods for identifying persons who will be most affected
4-15 and for soliciting at a minimum the advice and opinions of affected
4-16 local health departments, of recipients and providers of affected
4-17 services, and of advocates for affected recipients or providers.
4-18 (c) The checklist may include negotiated rulemaking,
4-19 informal conferences, advisory committees, and any other
4-20 appropriate method.
4-21 (d) A rule adopted by the board may not be challenged on the
4-22 grounds that the board, commissioner, or department did not comply
4-23 with this section. If the department was unable to solicit a
4-24 significant amount of advice and opinion from the public or from
4-25 affected persons early in the rule development process, the
4-26 department shall state in writing to the board the reasons why the
4-27 department was unable to do so.
4-28 Sec. 12.005. MEDICAL DIRECTOR: MEDICAID MANAGED CARE AND
4-29 CHIPS PROGRAMS. (a) In addition to any other medical director
4-30 employed by the department, the board shall require the department
4-31 to employ a separate medical director whose duties consist of
4-32 acting as the medical director for the children's health insurance
4-33 program created under Title XXI of the Social Security Act (42
4-34 U.S.C. Section 1397aa et seq.) and also as the medical director for
4-35 the Medicaid managed care program, to the extent that those
4-36 programs are administered by the department.
4-37 (b) The medical director shall be primarily responsible for
4-38 implementing and maintaining policies and systems for the programs
4-39 that relate to clinical and professional medical issues, including
4-40 clinical oversight.
4-41 (c) The medical director must be a physician licensed to
4-42 practice medicine in this state.
4-43 SECTION 1.09. Subchapter B, Chapter 12, Health and Safety
4-44 Code, is amended by adding Section 12.0115 to read as follows:
4-45 Sec. 12.0115. INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS.
4-46 (a) In this section, "health care delivery programs" includes the
4-47 department's primary health care services program, its program to
4-48 improve maternal and infant health, its services for chronically
4-49 ill and disabled children, any aspects of health care delivery
4-50 under the state Medicaid program assigned to the department by law
4-51 or by the Health and Human Services Commission, and the part of any
4-52 other department program concerned with the department's
4-53 responsibility for the delivery of health care services.
4-54 (b) The department shall integrate the functions of its
4-55 different health care delivery programs to the maximum extent
4-56 possible, including integrating the functions of health care
4-57 delivery programs that are part of the state Medicaid program with
4-58 functions of health care delivery programs that are not part of the
4-59 state Medicaid program.
4-60 (c) At a minimum, the department's integration of the
4-61 functions of its different health care delivery programs must
4-62 include the integration within and across the programs of:
4-63 (1) the development of health care policy;
4-64 (2) the delivery of health care services, to the
4-65 extent appropriate for the recipients of the health care services;
4-66 and
4-67 (3) to the extent possible, the administration of
4-68 contracts with providers of health care services, particularly
4-69 providers who concurrently provide health care services under more
5-1 than one contract or program with the department.
5-2 (d) One of the primary goals of the department in
5-3 integrating the delivery of health care services for the benefit of
5-4 recipients shall be providing for continuity of care for
5-5 individuals and families, accomplished to the extent possible by
5-6 providing an individual or family with a medical home that serves
5-7 as the primary initial health care provider.
5-8 (e) One of the primary goals of the department in
5-9 integrating the administration of its contracts with providers of
5-10 health care services shall be designing an integrated contract
5-11 administration system that reduces the administrative and paperwork
5-12 burden on providers while still providing the department with the
5-13 information it needs to effectively administer the contracts. The
5-14 department's integration of contract administration must include:
5-15 (1) the integration of the initial procurement process
5-16 within and across programs, at least in part by efficiently
5-17 combining requests for bids or proposals within or across programs
5-18 to the extent it reduces the administrative burden for providers;
5-19 (2) the establishment of uniform contract terms,
5-20 including:
5-21 (A) contract terms that require information from
5-22 providers, or that prescribe performance standards for providers,
5-23 that could be made uniform within or across programs while
5-24 remaining effective as contract terms;
5-25 (B) the establishment of a procedure under which
5-26 a contractor or a person responding to a request for bids or
5-27 proposals may supply the department with requested information
5-28 whenever possible by referencing current and correct information
5-29 previously supplied to and on file with the department; and
5-30 (C) contract terms regarding incentives for
5-31 contractors to meet or exceed contract requirements;
5-32 (3) the integration of contract monitoring,
5-33 particularly with regard to monitoring providers that deliver
5-34 health services for the department under more than one contract or
5-35 under more than one department program; and
5-36 (4) the integration of reimbursement methods:
5-37 (A) particularly for a provider that delivers
5-38 health services for the department under more than one contract or
5-39 under more than one department program; and
5-40 (B) including the application across programs of
5-41 the most effective and efficient reimbursement technologies or
5-42 methods that are available to the department under any of its
5-43 programs.
5-44 (f) The department shall examine the extent to which the
5-45 department could integrate all or part of its health care delivery
5-46 programs into a single delivery system.
5-47 (g) If a federal requirement that the federal government may
5-48 waive restricts the department's integration efforts under this
5-49 section, the department may seek a waiver of the requirement from
5-50 the federal government. If the waiver affects a program for which
5-51 another state agency is designated the single state agency for
5-52 federal purposes, the department shall request the single state
5-53 agency to seek the waiver.
5-54 (h) The department may not integrate health care delivery
5-55 programs under this section in a way that affects the single state
5-56 agency status of another state agency for federal purposes without
5-57 obtaining the approval of the Health and Human Services Commission
5-58 and any necessary federal approval.
5-59 SECTION 1.10. Subchapter B, Chapter 12, Health and Safety
5-60 Code, is amended by adding Sections 12.0123 and 12.0124 to read as
5-61 follows:
5-62 Sec. 12.0123. EXTERNAL AUDITS OF CERTAIN MEDICAID
5-63 CONTRACTORS BASED ON RISK. (a) In this section, "Medicaid
5-64 contractor" means an entity that:
5-65 (1) is not a health and human services agency as
5-66 defined by Section 531.001, Government Code; and
5-67 (2) under a contract with or otherwise on behalf of
5-68 the department, performs one or more administrative services in
5-69 relation to the department's operation of a part of the state
6-1 Medicaid program, such as claims processing, utilization review,
6-2 client enrollment, provider enrollment, quality monitoring, or
6-3 payment of claims.
6-4 (b) The department shall contract with an independent
6-5 auditor to perform independent external financial and performance
6-6 audits of any Medicaid contractor used by the department in the
6-7 department's operation of a part of the state Medicaid program. The
6-8 department regularly shall review its Medicaid contracts and ensure
6-9 that:
6-10 (1) the frequency and extent of audits of a Medicaid
6-11 contractor under this section are based on the amount of risk to
6-12 the state involved in the administrative services being performed
6-13 by the contractor;
6-14 (2) audit procedures related to financial audits and
6-15 performance audits are used consistently in audits under this
6-16 section; and
6-17 (3) to the extent possible, audits under this section
6-18 are completed in a timely manner.
6-19 (c) If another state agency succeeds to the department's
6-20 operation of a part of the state Medicaid program for which the
6-21 department used a Medicaid contractor, the successor agency shall
6-22 comply with this section with regard to the Medicaid contractor,
6-23 including the requirement to contract with an independent auditor
6-24 to perform the external financial and performance audits required
6-25 by this section.
6-26 Sec. 12.0124. ELECTRONIC TRANSACTIONS; STATE MEDICAID
6-27 PROGRAM. The department or the department's successor in function
6-28 in relation to the department's operation of a part of the state
6-29 Medicaid program shall implement policies that encourage the use of
6-30 electronic transactions. The policies shall require payment to
6-31 Medicaid service providers by electronic funds transfer, including
6-32 electronic remittance and status reports. The policies shall also
6-33 include the establishment of incentives to submit claims
6-34 electronically and of disincentives to submit claims on paper that
6-35 are reasonably based on the higher administrative costs to process
6-36 claims submitted on paper.
6-37 SECTION 1.11. Subchapter B, Chapter 12, Health and Safety
6-38 Code, is amended by adding Sections 12.0145 and 12.0146 to read as
6-39 follows:
6-40 Sec. 12.0145. INFORMATION ABOUT ENFORCEMENT ACTIONS. (a)
6-41 The department shall publish and provide information in accordance
6-42 with this section regarding each final enforcement action taken by
6-43 the department, commissioner, or board against a person or facility
6-44 regulated by the department in which any kind of sanction is
6-45 imposed, including:
6-46 (1) the imposition of a reprimand, a period of
6-47 probation, a monetary penalty, or a condition on a person's
6-48 continued practice or a facility's continued operation; and
6-49 (2) the refusal to renew or the suspension, probation,
6-50 or revocation of a license or other form of permission to engage in
6-51 an activity.
6-52 (b) Except to the extent that the information is
6-53 specifically made confidential under other law, the department
6-54 shall publish and provide the name, including any trade name, of
6-55 the person or facility against which an enforcement action was
6-56 taken, the violation that the person or facility was found to have
6-57 committed, and the sanction imposed. The department shall publish
6-58 and provide the information in a way that does not serve to
6-59 identify a complainant.
6-60 (c) The department shall publish the information on its
6-61 generally accessible Internet site. The department also shall
6-62 provide the information by establishing a system under which
6-63 members of the public can call toll-free numbers to obtain the
6-64 information efficiently and with a minimum of delay. The
6-65 department shall appropriately publicize the toll-free numbers.
6-66 (d) The department shall publish and provide the information
6-67 promptly after the sanction has been imposed or, when applicable,
6-68 promptly after the period during which the sanction is imposed has
6-69 begun. The department by rule shall establish the length of time
7-1 during which the required information will be published and
7-2 provided under this section based on the department's determination
7-3 regarding the types of services provided by regulated entities and
7-4 the length of time for which information about a category of
7-5 enforcement actions is useful to a member of the public.
7-6 (e) The department shall publish and provide the information
7-7 using clear language that can be readily understood by a person
7-8 with a high school education.
7-9 (f) If another law specifically requires that particular
7-10 information subject to this section shall be published in another
7-11 manner, the department shall comply with this section and with the
7-12 other law.
7-13 (g) A determination that the department is not required to
7-14 publish and provide information under this section does not affect
7-15 a determination regarding whether the information is subject to
7-16 required disclosure under the open records law, Chapter 552,
7-17 Government Code. The department's determination regarding the
7-18 length of the period during which information should continue to be
7-19 published and provided under this section does not affect a
7-20 determination regarding the period for which the information must
7-21 be preserved under Chapter 441, Government Code, or under another
7-22 law.
7-23 Sec. 12.0146. TRENDS IN ENFORCEMENT. The department shall
7-24 publish annually an analysis of its enforcement actions taken under
7-25 state law with regard to each profession, industry, or type of
7-26 facility regulated by the department. The analysis for each
7-27 regulatory area must show at a minimum the year-to-year trends in
7-28 the number and types of enforcement actions taken by the department
7-29 in its regulation of the profession, industry, or type of facility.
7-30 SECTION 1.12. Section 466.001(a), Health and Safety Code, is
7-31 amended to read as follows:
7-32 (a) It is the intent of the legislature that the department
7-33 [and the commission] exercise its [their respective] administrative
7-34 powers and regulatory authority to ensure the proper use of
7-35 approved narcotic drugs in the treatment of narcotic dependent
7-36 persons.
7-37 SECTION 1.13. Section 466.002, Health and Safety Code, is
7-38 amended to read as follows:
7-39 Sec. 466.002. DEFINITIONS. In this chapter:
7-40 (1) "Approved narcotic drug" means a drug approved by
7-41 the United States Food and Drug Administration for maintenance or
7-42 detoxification of a person physiologically addicted to the opiate
7-43 class of drugs.
7-44 (2) "Authorized agent" means an employee of the
7-45 department who is designated by the commissioner to enforce this
7-46 chapter.
7-47 (3) "Board" means the Texas Board of Health.
7-48 (4) ["Commission" means the Texas Commission on
7-49 Alcohol and Drug Abuse.]
7-50 [(5)] "Commissioner" means the commissioner of public
7-51 health.
7-52 (5) [(6)] "Department" means the Texas Department of
7-53 Health.
7-54 (6) [(7)] "Facility" includes a medical office, an
7-55 outpatient clinic, a general or special hospital, a community
7-56 mental health center, and any other location in which a structured
7-57 narcotic dependency program is conducted.
7-58 (7) [(8)] "Narcotic drug" has the meaning assigned by
7-59 Chapter 481 (Texas Controlled Substances Act).
7-60 SECTION 1.14. Section 466.004(a), Health and Safety Code, is
7-61 amended to read as follows:
7-62 (a) The board shall adopt and the department shall
7-63 administer and enforce rules to ensure the proper use of approved
7-64 narcotic drugs in the treatment of narcotic drug-dependent persons,
7-65 including rules that:
7-66 (1) require an applicant or a permit holder to make
7-67 annual, periodic, and special reports that the department
7-68 determines are necessary;
7-69 (2) require an applicant or permit holder to keep
8-1 records that the department determines are necessary;
8-2 (3) provide for investigations that the department
8-3 determines are necessary; and
8-4 (4) provide for the coordination of the approval of
8-5 narcotic drug treatment programs by the United States Food and Drug
8-6 Administration and the United States Drug Enforcement
8-7 Administration[; and]
8-8 [(5) provide for cooperation with the commission in
8-9 the licensing of narcotic drug treatment programs as required by
8-10 Subchapter A, Chapter 464].
8-11 SECTION 1.15. Section 466.022, Health and Safety Code, is
8-12 amended to read as follows:
8-13 Sec. 466.022. LIMITATION ON PRESCRIPTION, ORDER, OR
8-14 ADMINISTRATION OF NARCOTIC DRUG. A physician may not prescribe,
8-15 order, or administer a narcotic drug for the purpose of treating
8-16 drug dependency unless the physician prescribes, orders, or
8-17 administers an approved narcotic drug for the maintenance or
8-18 detoxification of drug-dependent persons as part of a program
8-19 permitted by the department [and the commission].
8-20 SECTION 1.16. Section 32.028, Human Resources Code, is
8-21 amended by adding Subsections (e) and (f) to read as follows:
8-22 (e) The department in its adoption of reasonable rules and
8-23 standards governing the determination of rates paid for services
8-24 provided by a federally qualified health center, as defined by 42
8-25 U.S.C. Section 1396d(l)(2)(B), shall assure that a center is
8-26 reimbursed for 100 percent of reasonable costs incurred by the
8-27 center in rendering services to Medicaid recipients.
8-28 (f) To the extent allowed by federal law, the department in
8-29 its adoption of reasonable rules and standards governing the
8-30 determination of rates paid for services provided by a rural health
8-31 clinic, as defined by 42 U.S.C. Section 1396d(l)(1), shall assure
8-32 that a clinic is reimbursed for 100 percent of reasonable costs
8-33 incurred by the clinic in rendering services to Medicaid
8-34 recipients.
8-35 SECTION 1.17. Section 11.016(c), Health and Safety Code, is
8-36 repealed.
8-37 SECTION 1.18. Section 466.005, Health and Safety Code, is
8-38 repealed.
8-39 SECTION 1.19. Section 503.008, Health and Safety Code, is
8-40 repealed.
8-41 SECTION 1.20. The Texas Department of Health shall publish
8-42 the first comprehensive strategic and operational plan required
8-43 under Section 11.0045, Health and Safety Code, as added by this
8-44 Act, not later than September 1, 2000.
8-45 SECTION 1.21. The Texas Department of Health shall
8-46 comprehensively study the impact that the state's Medicaid managed
8-47 care program has had on each of the populations served by the
8-48 department and on all health care providers, clinics, and
8-49 hospitals. The department shall report its findings to the
8-50 presiding officer of each house of the legislature and of each
8-51 legislative committee that has oversight responsibility for the
8-52 department not later than November 1, 2000.
8-53 SECTION 1.22. (a) As soon as possible after the effective
8-54 date of this Act and to the extent allowed under federal law, the
8-55 Texas Department of Health shall implement a pilot project that, on
8-56 a scale appropriate for a pilot project, integrates all appropriate
8-57 functions of the department's health care delivery programs in
8-58 accordance with Section 12.0115, Health and Safety Code, as added
8-59 by this Act, including integrating the functions of health care
8-60 delivery programs that are part of the state Medicaid program with
8-61 functions of health care delivery programs that are not part of the
8-62 state Medicaid program.
8-63 (b) The pilot project must be initiated not later than
8-64 September 1, 2000. The pilot project terminates September 1, 2001,
8-65 but the department may continue successful elements of the project
8-66 after that date as part of the department's general duty to
8-67 integrate its health care delivery programs under Section 12.0115,
8-68 Health and Safety Code, as added by this Act.
8-69 (c) The department shall make an interim report regarding
9-1 its problems and progress in implementing the pilot project not
9-2 later than September 1, 2000, as part of the initial comprehensive
9-3 strategic and operational plan required under Section 11.0045,
9-4 Health and Safety Code, as added by this Act. The department shall
9-5 fully evaluate the successes and problems of the completed pilot
9-6 project as part of the comprehensive strategic and operational plan
9-7 that the department is required to publish not later than September
9-8 1, 2002.
9-9 (d) In addition to reporting on the problems and successes
9-10 of the pilot project, the department shall evaluate generally the
9-11 duties imposed on the department under Section 12.0115, Health and
9-12 Safety Code, as added by this Act. The department shall report not
9-13 later than September 1, 2002, as part of the second comprehensive
9-14 strategic and operational plan, on the benefits and problems that
9-15 the department foresees in fully implementing Section 12.0115. The
9-16 second comprehensive report shall:
9-17 (1) state the ways in which the department intends to
9-18 integrate its programs;
9-19 (2) demonstrate why it is expected that the
9-20 department's approach will best promote the goals of program
9-21 integration, with regard to expected benefits to recipients and
9-22 providers of health services and with regard to administrative
9-23 savings expected to be realized by government and by providers of
9-24 health services;
9-25 (3) address the extent to which the department has
9-26 implemented or plans to implement a uniform contracting process
9-27 that incorporates processes and principles identified by the
9-28 department's contract leverage team in its July 1996 Contracting
9-29 Guide for Client Services, and state the expected savings and
9-30 efficiencies that have resulted or should result from
9-31 implementation;
9-32 (4) state the ways in which the department's plan to
9-33 integrate the functions of its health care delivery programs
9-34 includes a plan to coordinate contract performance monitoring,
9-35 combine claims processing, and improve the process by which
9-36 providers are reimbursed; and
9-37 (5) recommend any changes to state law that are needed
9-38 to remove impediments to an integrated health care delivery system.
9-39 SECTION 1.23. (a) The Texas Department of Health, with the
9-40 assistance of the state auditor, shall conduct a comprehensive
9-41 evaluation of the department's regulatory functions. The
9-42 evaluation must include an examination and analysis of the
9-43 effectiveness of the department's:
9-44 (1) rules that affect or support its regulatory
9-45 practices;
9-46 (2) inspection efforts, including its scheduling of
9-47 inspections and consistency between inspections;
9-48 (3) investigative practices, including investigations
9-49 conducted in response to a complaint;
9-50 (4) use of sanctions;
9-51 (5) enforcement actions in relation to the time it
9-52 takes to initiate and complete an enforcement action and in
9-53 relation to the role of the department's office of general counsel;
9-54 (6) efforts to ensure compliance with applicable laws
9-55 and rules; and
9-56 (7) efforts to ensure the consistency and
9-57 appropriateness of the training of inspectors, including ensuring
9-58 that:
9-59 (A) inspectors are familiar with the type of
9-60 facility and with the type of care provided at a facility that they
9-61 inspect; and
9-62 (B) the skills and knowledge of inspectors
9-63 remain current through continuing education and review.
9-64 (b) The department shall report the results of the
9-65 evaluation, including the identification of any problem areas and
9-66 any recommended solutions to the problems that require management
9-67 actions or statutory changes, to the legislature and to the Texas
9-68 Board of Health not later than November 1, 2000.
9-69 SECTION 1.24. (a) The change in law made by this Act to
10-1 Section 2003.021, Government Code, transferring the responsibility
10-2 to conduct hearings in matters that are contested cases under
10-3 Chapter 2001, Government Code, from the commissioner of public
10-4 health and the Texas Board of Health or Texas Department of Health
10-5 to the State Office of Administrative Hearings, applies only to a
10-6 contested case in which notice of the hearing is given under
10-7 Sections 2001.051 and 2001.052, Government Code, on or after the
10-8 effective date of this Act. The commissioner of public health or
10-9 the Texas Board of Health or Texas Department of Health, as
10-10 appropriate, shall conduct the hearing in a contested case for
10-11 which the notice of hearing is given before the effective date of
10-12 this Act.
10-13 (b) This Act does not transfer from the commissioner of
10-14 public health or the Texas Board of Health or Texas Department of
10-15 Health, as appropriate, the responsibility to conduct a fair
10-16 hearing that is required under federal law unless the fair hearing
10-17 is considered to be a contested case under Chapter 2001, Government
10-18 Code.
10-19 (c) This Act does not require the commissioner of public
10-20 health or the Texas Board of Health or Texas Department of Health
10-21 to transfer personnel to the State Office of Administrative
10-22 Hearings.
10-23 SECTION 1.25. The changes in law made by this Act in the
10-24 prohibitions applying to members of the Texas Board of Health do
10-25 not affect the entitlement of a member serving on the board
10-26 immediately before September 1, 1999, to continue to serve and
10-27 function as a member of the board for the remainder of the member's
10-28 term. The changes in law apply only to a member appointed on or
10-29 after September 1, 1999.
10-30 ARTICLE 2. LICENSURE OF HOSPITAL OUTPATIENT FACILITIES;
10-31 FEES CHARGED TO HOSPITALS
10-32 SECTION 2.01. Section 241.023, Health and Safety Code, is
10-33 amended to read as follows:
10-34 Sec. 241.023. ISSUANCE OF LICENSE. (a) On receiving a
10-35 license application and the license fee, the department shall issue
10-36 a license if it finds that the applicant and the hospital comply
10-37 with this chapter and the rules or standards adopted under this
10-38 chapter.
10-39 (b) A license may be renewed annually after payment of the
10-40 required fee.
10-41 (c) The department may issue a license only for the premises
10-42 and person or governmental unit named in the application.
10-43 (d) Subject to Subsection (e), a license issued under this
10-44 section for a hospital includes each outpatient facility that is
10-45 not separately licensed, that is located apart from the hospital,
10-46 and for which the hospital has submitted to the department:
10-47 (1) a copy of a fire safety survey that is dated not
10-48 earlier than one year before the submission date indicating
10-49 approval by:
10-50 (A) the local fire authority in whose
10-51 jurisdiction the outpatient facility is located; or
10-52 (B) the nearest fire authority, if the
10-53 outpatient facility is located outside of the jurisdiction of a
10-54 local fire authority; and
10-55 (2) if the hospital is accredited by the Joint
10-56 Commission on Accreditation of Healthcare Organizations or the
10-57 American Osteopathic Association, a copy of documentation from the
10-58 accrediting body showing that the outpatient facility is included
10-59 within the hospital's accreditation.
10-60 (e) Subsection (d) applies only if the federal Department of
10-61 Health and Human Services, Health Care Financing Administration, or
10-62 Office of Inspector General adopts final or interim final rules
10-63 requiring state licensure of outpatient facilities as a condition
10-64 of the determination of provider-based status for Medicare
10-65 reimbursement purposes.
10-66 (f) A license may not be transferred or assigned without the
10-67 written approval of the department.
10-68 (g) [(e)] A license shall be posted in a conspicuous place
10-69 on the licensed premises.
11-1 SECTION 2.02. Section 241.025, Health and Safety Code, is
11-2 amended to read as follows:
11-3 Sec. 241.025. LICENSE FEES. (a) The department shall
11-4 charge each hospital an annual license fee for an initial license
11-5 or a license renewal.
11-6 (b) The board by rule shall adopt the fees authorized by
11-7 Subsection (a) according to a schedule under [in] which the number
11-8 of beds in the hospital determines the amount of the fee. The fee
11-9 may not exceed $15 [$10] a bed. A minimum license fee may be
11-10 established. The minimum fee may not exceed $1,000[, and the total
11-11 fee may not be less than $200 or more than $10,000].
11-12 (c) A fee adopted under this chapter must be based on the
11-13 estimated cost to and level of effort expended by the department to
11-14 conduct the activity for which the fee is imposed. [The board by
11-15 rule shall adopt a temporary initial license fee in an amount
11-16 sufficient to cover the reasonable expense to the department of
11-17 issuing the license.]
11-18 (d) All license fees collected shall be deposited in the
11-19 state treasury to the credit of the department to administer and
11-20 enforce this chapter. These fees are hereby appropriated to the
11-21 department.
11-22 SECTION 2.03. Section 241.104, Health and Safety Code, is
11-23 amended to read as follows:
11-24 Sec. 241.104. HOSPITAL PLAN REVIEWS. (a) The board by rule
11-25 shall adopt fees for hospital plan reviews according to a schedule
11-26 based on the estimated construction costs. [If an estimated
11-27 construction cost cannot be established, the estimated cost is $105
11-28 per square foot.]
11-29 (b) The fee schedule may not exceed the following:
11-30 Cost of Construction Fee
11-31 (1) $ 100,000 [600,000] or less $ 500
11-32 (2) $ 100,001 - $ 600,000 $1,500
11-33 (3) $ 600,001 - $ 2,000,000 $3,000 [1,000]
11-34 (4) [(3)] $ 2,000,001 - $ 5,000,000 $4,500 [1,500]
11-35 (5) [(4)] $ 5,000,001 - $10,000,000 $6,000 [2,000]
11-36 (6) [(5)] $10,000,001 and over $7,500 [3,000]
11-37 (c) The department shall charge a fee for field surveys of
11-38 construction plans reviewed under this section. The board by rule
11-39 shall adopt a fee schedule for the surveys that provides a minimum
11-40 fee of $500 [$100] and a maximum fee of $1,000 [$400] for each
11-41 survey conducted.
11-42 SECTION 2.04. Section 241.0231, Health and Safety Code, is
11-43 repealed.
11-44 ARTICLE 3. AMBULATORY SURGICAL CENTERS; ADMINISTRATIVE
11-45 PENALTIES
11-46 SECTION 3.01. Chapter 243, Health and Safety Code, is
11-47 amended by adding Sections 243.015 and 243.016 to read as follows:
11-48 Sec. 243.015. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
11-49 The department may impose an administrative penalty on a person
11-50 licensed under this chapter who violates this chapter or a rule or
11-51 order adopted under this chapter. A penalty collected under this
11-52 section or Section 243.016 shall be deposited in the state treasury
11-53 in the general revenue fund.
11-54 (b) A proceeding to impose the penalty is considered to be a
11-55 contested case under Chapter 2001, Government Code.
11-56 (c) The amount of the penalty may not exceed $1,000 for each
11-57 violation, and each day a violation continues or occurs is a
11-58 separate violation for purposes of imposing a penalty. The total
11-59 amount of the penalty assessed for a violation continuing or
11-60 occurring on separate days under this subsection may not exceed
11-61 $5,000.
11-62 (d) The amount shall be based on:
11-63 (1) the seriousness of the violation, including the
11-64 nature, circumstances, extent, and gravity of the violation;
11-65 (2) the threat to health or safety caused by the
11-66 violation;
11-67 (3) the history of previous violations;
11-68 (4) the amount necessary to deter a future violation;
11-69 (5) whether the violator demonstrated good faith,
12-1 including when applicable whether the violator made good faith
12-2 efforts to correct the violation; and
12-3 (6) any other matter that justice may require.
12-4 (e) If the department initially determines that a violation
12-5 occurred, the department shall give written notice of the report by
12-6 certified mail to the person.
12-7 (f) The notice under Subsection (e) must:
12-8 (1) include a brief summary of the alleged violation;
12-9 (2) state the amount of the recommended penalty; and
12-10 (3) inform the person of the person's right to a
12-11 hearing on the occurrence of the violation, the amount of the
12-12 penalty, or both.
12-13 (g) Within 20 days after the date the person receives the
12-14 notice under Subsection (e), the person in writing may:
12-15 (1) accept the determination and recommended penalty
12-16 of the department; or
12-17 (2) make a request for a hearing on the occurrence of
12-18 the violation, the amount of the penalty, or both.
12-19 (h) If the person accepts the determination and recommended
12-20 penalty or if the person fails to respond to the notice, the
12-21 commissioner of public health by order shall approve the
12-22 determination and impose the recommended penalty.
12-23 (i) If the person requests a hearing, the commissioner of
12-24 public health shall refer the matter to the State Office of
12-25 Administrative Hearings, which shall promptly set a hearing date
12-26 and give written notice of the time and place of the hearing to the
12-27 person. An administrative law judge of the State Office of
12-28 Administrative Hearings shall conduct the hearing.
12-29 (j) The administrative law judge shall make findings of fact
12-30 and conclusions of law and promptly issue to the commissioner of
12-31 public health a proposal for a decision about the occurrence of the
12-32 violation and the amount of a proposed penalty.
12-33 (k) Based on the findings of fact, conclusions of law, and
12-34 proposal for a decision, the commissioner of public health by order
12-35 may:
12-36 (1) find that a violation occurred and impose a
12-37 penalty; or
12-38 (2) find that a violation did not occur.
12-39 (l) The notice of the commissioner's order under Subsection
12-40 (k) that is sent to the person in accordance with Chapter 2001,
12-41 Government Code, must include a statement of the right of the
12-42 person to judicial review of the order.
12-43 Sec. 243.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE
12-44 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
12-45 order of the commissioner of public health under Section 243.015(k)
12-46 that imposes an administrative penalty becomes final, the person
12-47 shall:
12-48 (1) pay the penalty; or
12-49 (2) file a petition for judicial review of the
12-50 commissioner's order contesting the occurrence of the violation,
12-51 the amount of the penalty, or both.
12-52 (b) Within the 30-day period prescribed by Subsection (a), a
12-53 person who files a petition for judicial review may:
12-54 (1) stay enforcement of the penalty by:
12-55 (A) paying the penalty to the court for
12-56 placement in an escrow account; or
12-57 (B) giving the court a supersedeas bond approved
12-58 by the court that:
12-59 (i) is for the amount of the penalty; and
12-60 (ii) is effective until all judicial
12-61 review of the commissioner's order is final; or
12-62 (2) request the court to stay enforcement of the
12-63 penalty by:
12-64 (A) filing with the court a sworn affidavit of
12-65 the person stating that the person is financially unable to pay the
12-66 penalty and is financially unable to give the supersedeas bond; and
12-67 (B) sending a copy of the affidavit to the
12-68 commissioner of public health by certified mail.
12-69 (c) If the commissioner of public health receives a copy of
13-1 an affidavit under Subsection (b)(2), the commissioner may file
13-2 with the court, within five days after the date the copy is
13-3 received, a contest to the affidavit. The court shall hold a
13-4 hearing on the facts alleged in the affidavit as soon as
13-5 practicable and shall stay the enforcement of the penalty on
13-6 finding that the alleged facts are true. The person who files an
13-7 affidavit has the burden of proving that the person is financially
13-8 unable to pay the penalty or to give a supersedeas bond.
13-9 (d) If the person does not pay the penalty and the
13-10 enforcement of the penalty is not stayed, the penalty may be
13-11 collected. The attorney general may sue to collect the penalty.
13-12 (e) If the court sustains the finding that a violation
13-13 occurred, the court may uphold or reduce the amount of the penalty
13-14 and order the person to pay the full or reduced amount of the
13-15 penalty.
13-16 (f) If the court does not sustain the finding that a
13-17 violation occurred, the court shall order that a penalty is not
13-18 owed.
13-19 (g) If the person paid the penalty and if the amount of the
13-20 penalty is reduced or the penalty is not upheld by the court, the
13-21 court shall order, when the court's judgment becomes final, that
13-22 the appropriate amount plus accrued interest be remitted to the
13-23 person within 30 days after the date that the judgment of the court
13-24 becomes final. The interest accrues at the rate charged on loans to
13-25 depository institutions by the New York Federal Reserve Bank. The
13-26 interest shall be paid for the period beginning on the date the
13-27 penalty is paid and ending on the date the penalty is remitted.
13-28 (h) If the person gave a supersedeas bond and the penalty is
13-29 not upheld by the court, the court shall order, when the court's
13-30 judgment becomes final, the release of the bond. If the person gave
13-31 a supersedeas bond and the amount of the penalty is reduced, the
13-32 court shall order the release of the bond after the person pays the
13-33 reduced amount.
13-34 ARTICLE 4. BIRTHING CENTERS; ADMINISTRATIVE PENALTIES
13-35 SECTION 4.01. Chapter 244, Health and Safety Code, is
13-36 amended by adding Sections 244.015 and 244.016 to read as follows:
13-37 Sec. 244.015. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
13-38 The department may impose an administrative penalty on a person
13-39 licensed under this chapter who violates this chapter or a rule or
13-40 order adopted under this chapter. A penalty collected under this
13-41 section or Section 244.016 shall be deposited in the state treasury
13-42 in the general revenue fund.
13-43 (b) A proceeding to impose the penalty is considered to be a
13-44 contested case under Chapter 2001, Government Code.
13-45 (c) The amount of the penalty may not exceed $1,000 for each
13-46 violation, and each day a violation continues or occurs is a
13-47 separate violation for purposes of imposing a penalty. The total
13-48 amount of the penalty assessed for a violation continuing or
13-49 occurring on separate days under this subsection may not exceed
13-50 $5,000.
13-51 (d) The amount shall be based on:
13-52 (1) the seriousness of the violation, including the
13-53 nature, circumstances, extent, and gravity of the violation;
13-54 (2) the threat to health or safety caused by the
13-55 violation;
13-56 (3) the history of previous violations;
13-57 (4) the amount necessary to deter a future violation;
13-58 (5) whether the violator demonstrated good faith,
13-59 including when applicable whether the violator made good faith
13-60 efforts to correct the violation; and
13-61 (6) any other matter that justice may require.
13-62 (e) If the department initially determines that a violation
13-63 occurred, the department shall give written notice of the report by
13-64 certified mail to the person.
13-65 (f) The notice under Subsection (e) must:
13-66 (1) include a brief summary of the alleged violation;
13-67 (2) state the amount of the recommended penalty; and
13-68 (3) inform the person of the person's right to a
13-69 hearing on the occurrence of the violation, the amount of the
14-1 penalty, or both.
14-2 (g) Within 20 days after the date the person receives the
14-3 notice under Subsection (e), the person in writing may:
14-4 (1) accept the determination and recommended penalty
14-5 of the department; or
14-6 (2) make a request for a hearing on the occurrence of
14-7 the violation, the amount of the penalty, or both.
14-8 (h) If the person accepts the determination and recommended
14-9 penalty or if the person fails to respond to the notice, the
14-10 commissioner of public health by order shall approve the
14-11 determination and impose the recommended penalty.
14-12 (i) If the person requests a hearing, the commissioner of
14-13 public health shall refer the matter to the State Office of
14-14 Administrative Hearings, which shall promptly set a hearing date
14-15 and give written notice of the time and place of the hearing to the
14-16 person. An administrative law judge of the State Office of
14-17 Administrative Hearings shall conduct the hearing.
14-18 (j) The administrative law judge shall make findings of fact
14-19 and conclusions of law and promptly issue to the commissioner of
14-20 public health a proposal for a decision about the occurrence of the
14-21 violation and the amount of a proposed penalty.
14-22 (k) Based on the findings of fact, conclusions of law, and
14-23 proposal for a decision, the commissioner of public health by order
14-24 may:
14-25 (1) find that a violation occurred and impose a
14-26 penalty; or
14-27 (2) find that a violation did not occur.
14-28 (l) The notice of the commissioner's order under Subsection
14-29 (k) that is sent to the person in accordance with Chapter 2001,
14-30 Government Code, must include a statement of the right of the
14-31 person to judicial review of the order.
14-32 Sec. 244.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE
14-33 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
14-34 order of the commissioner of public health under Section 244.015(k)
14-35 that imposes an administrative penalty becomes final, the person
14-36 shall:
14-37 (1) pay the penalty; or
14-38 (2) file a petition for judicial review of the
14-39 commissioner's order contesting the occurrence of the violation,
14-40 the amount of the penalty, or both.
14-41 (b) Within the 30-day period prescribed by Subsection (a), a
14-42 person who files a petition for judicial review may:
14-43 (1) stay enforcement of the penalty by:
14-44 (A) paying the penalty to the court for
14-45 placement in an escrow account; or
14-46 (B) giving the court a supersedeas bond approved
14-47 by the court that:
14-48 (i) is for the amount of the penalty; and
14-49 (ii) is effective until all judicial
14-50 review of the commissioner's order is final; or
14-51 (2) request the court to stay enforcement of the
14-52 penalty by:
14-53 (A) filing with the court a sworn affidavit of
14-54 the person stating that the person is financially unable to pay the
14-55 penalty and is financially unable to give the supersedeas bond; and
14-56 (B) sending a copy of the affidavit to the
14-57 commissioner of public health by certified mail.
14-58 (c) If the commissioner of public health receives a copy of
14-59 an affidavit under Subsection (b)(2), the commissioner may file
14-60 with the court, within five days after the date the copy is
14-61 received, a contest to the affidavit. The court shall hold a
14-62 hearing on the facts alleged in the affidavit as soon as
14-63 practicable and shall stay the enforcement of the penalty on
14-64 finding that the alleged facts are true. The person who files an
14-65 affidavit has the burden of proving that the person is financially
14-66 unable to pay the penalty or to give a supersedeas bond.
14-67 (d) If the person does not pay the penalty and the
14-68 enforcement of the penalty is not stayed, the penalty may be
14-69 collected. The attorney general may sue to collect the penalty.
15-1 (e) If the court sustains the finding that a violation
15-2 occurred, the court may uphold or reduce the amount of the penalty
15-3 and order the person to pay the full or reduced amount of the
15-4 penalty.
15-5 (f) If the court does not sustain the finding that a
15-6 violation occurred, the court shall order that a penalty is not
15-7 owed.
15-8 (g) If the person paid the penalty and if the amount of the
15-9 penalty is reduced or the penalty is not upheld by the court, the
15-10 court shall order, when the court's judgment becomes final, that
15-11 the appropriate amount plus accrued interest be remitted to the
15-12 person within 30 days after the date that the judgment of the court
15-13 becomes final. The interest accrues at the rate charged on loans to
15-14 depository institutions by the New York Federal Reserve Bank. The
15-15 interest shall be paid for the period beginning on the date the
15-16 penalty is paid and ending on the date the penalty is remitted.
15-17 (h) If the person gave a supersedeas bond and the penalty is
15-18 not upheld by the court, the court shall order, when the court's
15-19 judgment becomes final, the release of the bond. If the person gave
15-20 a supersedeas bond and the amount of the penalty is reduced, the
15-21 court shall order the release of the bond after the person pays the
15-22 reduced amount.
15-23 ARTICLE 5. SPECIAL CARE FACILITIES; ADMINISTRATIVE PENALTIES
15-24 SECTION 5.01. Chapter 248, Health and Safety Code, is
15-25 amended by adding Subchapter D to read as follows:
15-26 SUBCHAPTER D. ADMINISTRATIVE PENALTY
15-27 Sec. 248.101. IMPOSITION OF PENALTY. (a) The department of
15-28 health may impose an administrative penalty on a person licensed
15-29 under this chapter who violates this chapter or a rule or order
15-30 adopted under this chapter.
15-31 (b) A penalty collected under this subchapter shall be
15-32 deposited in the state treasury in the general revenue fund.
15-33 Sec. 248.102. AMOUNT OF PENALTY. (a) The amount of the
15-34 penalty may not exceed $1,000 for each violation, and each day a
15-35 violation continues or occurs is a separate violation for purposes
15-36 of imposing a penalty. The total amount of the penalty assessed
15-37 for a violation continuing or occurring on separate days under this
15-38 subsection may not exceed $5,000.
15-39 (b) The amount shall be based on:
15-40 (1) the seriousness of the violation, including the
15-41 nature, circumstances, extent, and gravity of the violation;
15-42 (2) the threat to health or safety caused by the
15-43 violation;
15-44 (3) the history of previous violations;
15-45 (4) the amount necessary to deter a future violation;
15-46 (5) whether the violator demonstrated good faith,
15-47 including when applicable whether the violator made good faith
15-48 efforts to correct the violation; and
15-49 (6) any other matter that justice may require.
15-50 Sec. 248.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
15-51 (a) If the department initially determines that a violation
15-52 occurred, the department shall give written notice of the report by
15-53 certified mail to the person.
15-54 (b) The notice must:
15-55 (1) include a brief summary of the alleged violation;
15-56 (2) state the amount of the recommended penalty; and
15-57 (3) inform the person of the person's right to a
15-58 hearing on the occurrence of the violation, the amount of the
15-59 penalty, or both.
15-60 Sec. 248.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
15-61 Within 20 days after the date the person receives the notice sent
15-62 under Section 248.103, the person in writing may:
15-63 (1) accept the determination and recommended penalty
15-64 of the department; or
15-65 (2) make a request for a hearing on the occurrence of
15-66 the violation, the amount of the penalty, or both.
15-67 (b) If the person accepts the determination and recommended
15-68 penalty or if the person fails to respond to the notice, the
15-69 commissioner of public health by order shall approve the
16-1 determination and impose the recommended penalty.
16-2 Sec. 248.105. HEARING. (a) If the person requests a
16-3 hearing, the commissioner of public health shall refer the matter
16-4 to the State Office of Administrative Hearings, which shall
16-5 promptly set a hearing date and give written notice of the time and
16-6 place of the hearing to the person. An administrative law judge of
16-7 the State Office of Administrative Hearings shall conduct the
16-8 hearing.
16-9 (b) The administrative law judge shall make findings of fact
16-10 and conclusions of law and promptly issue to the commissioner of
16-11 public health a proposal for a decision about the occurrence of the
16-12 violation and the amount of a proposed penalty.
16-13 Sec. 248.106. DECISION BY COMMISSIONER. (a) Based on the
16-14 findings of fact, conclusions of law, and proposal for a decision,
16-15 the commissioner of public health by order may:
16-16 (1) find that a violation occurred and impose a
16-17 penalty; or
16-18 (2) find that a violation did not occur.
16-19 (b) The notice of the commissioner's order under Subsection
16-20 (a) that is sent to the person in accordance with Chapter 2001,
16-21 Government Code, must include a statement of the right of the
16-22 person to judicial review of the order.
16-23 Sec. 248.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
16-24 Within 30 days after the date the order of the commissioner of
16-25 public health under Section 248.106 that imposes an administrative
16-26 penalty becomes final, the person shall:
16-27 (1) pay the penalty; or
16-28 (2) file a petition for judicial review of the
16-29 commissioner's order contesting the occurrence of the violation,
16-30 the amount of the penalty, or both.
16-31 Sec. 248.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
16-32 the 30-day period prescribed by Section 248.107, a person who files
16-33 a petition for judicial review may:
16-34 (1) stay enforcement of the penalty by:
16-35 (A) paying the penalty to the court for
16-36 placement in an escrow account; or
16-37 (B) giving the court a supersedeas bond approved
16-38 by the court that:
16-39 (i) is for the amount of the penalty; and
16-40 (ii) is effective until all judicial
16-41 review of the commissioner's order is final; or
16-42 (2) request the court to stay enforcement of the
16-43 penalty by:
16-44 (A) filing with the court a sworn affidavit of
16-45 the person stating that the person is financially unable to pay the
16-46 penalty and is financially unable to give the supersedeas bond; and
16-47 (B) sending a copy of the affidavit to the
16-48 commissioner of public health by certified mail.
16-49 (b) If the commissioner of public health receives a copy of
16-50 an affidavit under Subsection (a)(2), the commissioner may file
16-51 with the court, within five days after the date the copy is
16-52 received, a contest to the affidavit. The court shall hold a
16-53 hearing on the facts alleged in the affidavit as soon as
16-54 practicable and shall stay the enforcement of the penalty on
16-55 finding that the alleged facts are true. The person who files an
16-56 affidavit has the burden of proving that the person is financially
16-57 unable to pay the penalty or to give a supersedeas bond.
16-58 Sec. 248.109. COLLECTION OF PENALTY. (a) If the person
16-59 does not pay the penalty and the enforcement of the penalty is not
16-60 stayed, the penalty may be collected.
16-61 (b) The attorney general may sue to collect the penalty.
16-62 Sec. 248.110. DECISION BY COURT. (a) If the court sustains
16-63 the finding that a violation occurred, the court may uphold or
16-64 reduce the amount of the penalty and order the person to pay the
16-65 full or reduced amount of the penalty.
16-66 (b) If the court does not sustain the finding that a
16-67 violation occurred, the court shall order that a penalty is not
16-68 owed.
16-69 Sec. 248.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
17-1 the person paid the penalty and if the amount of the penalty is
17-2 reduced or the penalty is not upheld by the court, the court shall
17-3 order, when the court's judgment becomes final, that the
17-4 appropriate amount plus accrued interest be remitted to the person
17-5 within 30 days after the date that the judgment of the court
17-6 becomes final.
17-7 (b) The interest accrues at the rate charged on loans to
17-8 depository institutions by the New York Federal Reserve Bank.
17-9 (c) The interest shall be paid for the period beginning on
17-10 the date the penalty is paid and ending on the date the penalty is
17-11 remitted.
17-12 Sec. 248.112. RELEASE OF BOND. (a) If the person gave a
17-13 supersedeas bond and the penalty is not upheld by the court, the
17-14 court shall order, when the court's judgment becomes final, the
17-15 release of the bond.
17-16 (b) If the person gave a supersedeas bond and the amount of
17-17 the penalty is reduced, the court shall order the release of the
17-18 bond after the person pays the reduced amount.
17-19 Sec. 248.113. ADMINISTRATIVE PROCEDURE. A proceeding to
17-20 impose the penalty is considered to be a contested case under
17-21 Chapter 2001, Government Code.
17-22 ARTICLE 6. ABUSABLE GLUES AND AEROSOL PAINTS; ADMINISTRATIVE
17-23 PENALTIES
17-24 SECTION 6.01. Chapter 485, Health and Safety Code, is
17-25 amended by adding Subchapter D to read as follows:
17-26 SUBCHAPTER D. ADMINISTRATIVE PENALTY
17-27 Sec. 485.101. IMPOSITION OF PENALTY. (a) The department
17-28 may impose an administrative penalty on a person who sells abusable
17-29 glue or aerosol paint at retail who violates this chapter or a rule
17-30 or order adopted under this chapter.
17-31 (b) A penalty collected under this subchapter shall be
17-32 deposited in the state treasury in the general revenue fund.
17-33 Sec. 485.102. AMOUNT OF PENALTY. (a) The amount of the
17-34 penalty may not exceed $1,000 for each violation, and each day a
17-35 violation continues or occurs is a separate violation for purposes
17-36 of imposing a penalty. The total amount of the penalty assessed
17-37 for a violation continuing or occurring on separate days under this
17-38 subsection may not exceed $5,000.
17-39 (b) The amount shall be based on:
17-40 (1) the seriousness of the violation, including the
17-41 nature, circumstances, extent, and gravity of the violation;
17-42 (2) the threat to health or safety caused by the
17-43 violation;
17-44 (3) the history of previous violations;
17-45 (4) the amount necessary to deter a future violation;
17-46 (5) whether the violator demonstrated good faith,
17-47 including when applicable whether the violator made good faith
17-48 efforts to correct the violation; and
17-49 (6) any other matter that justice may require.
17-50 Sec. 485.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
17-51 (a) If the department initially determines that a violation
17-52 occurred, the department shall give written notice of the report by
17-53 certified mail to the person.
17-54 (b) The notice must:
17-55 (1) include a brief summary of the alleged violation;
17-56 (2) state the amount of the recommended penalty; and
17-57 (3) inform the person of the person's right to a
17-58 hearing on the occurrence of the violation, the amount of the
17-59 penalty, or both.
17-60 Sec. 485.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
17-61 Within 20 days after the date the person receives the notice sent
17-62 under Section 485.103, the person in writing may:
17-63 (1) accept the determination and recommended penalty
17-64 of the department; or
17-65 (2) make a request for a hearing on the occurrence of
17-66 the violation, the amount of the penalty, or both.
17-67 (b) If the person accepts the determination and recommended
17-68 penalty or if the person fails to respond to the notice, the
17-69 commissioner by order shall approve the determination and impose
18-1 the recommended penalty.
18-2 Sec. 485.105. HEARING. (a) If the person requests a
18-3 hearing, the commissioner shall refer the matter to the State
18-4 Office of Administrative Hearings, which shall promptly set a
18-5 hearing date and give written notice of the time and place of the
18-6 hearing to the person. An administrative law judge of the State
18-7 Office of Administrative Hearings shall conduct the hearing.
18-8 (b) The administrative law judge shall make findings of fact
18-9 and conclusions of law and promptly issue to the commissioner a
18-10 proposal for a decision about the occurrence of the violation and
18-11 the amount of a proposed penalty.
18-12 Sec. 485.106. DECISION BY COMMISSIONER. (a) Based on the
18-13 findings of fact, conclusions of law, and proposal for a decision,
18-14 the commissioner by order may:
18-15 (1) find that a violation occurred and impose a
18-16 penalty; or
18-17 (2) find that a violation did not occur.
18-18 (b) The notice of the commissioner's order under Subsection
18-19 (a) that is sent to the person in accordance with Chapter 2001,
18-20 Government Code, must include a statement of the right of the
18-21 person to judicial review of the order.
18-22 Sec. 485.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
18-23 Within 30 days after the date the order of the commissioner under
18-24 Section 485.106 that imposes an administrative penalty becomes
18-25 final, the person shall:
18-26 (1) pay the penalty; or
18-27 (2) file a petition for judicial review of the
18-28 commissioner's order contesting the occurrence of the violation,
18-29 the amount of the penalty, or both.
18-30 Sec. 485.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
18-31 the 30-day period prescribed by Section 485.107, a person who files
18-32 a petition for judicial review may:
18-33 (1) stay enforcement of the penalty by:
18-34 (A) paying the penalty to the court for
18-35 placement in an escrow account; or
18-36 (B) giving the court a supersedeas bond approved
18-37 by the court that:
18-38 (i) is for the amount of the penalty; and
18-39 (ii) is effective until all judicial
18-40 review of the commissioner's order is final; or
18-41 (2) request the court to stay enforcement of the
18-42 penalty by:
18-43 (A) filing with the court a sworn affidavit of
18-44 the person stating that the person is financially unable to pay the
18-45 penalty and is financially unable to give the supersedeas bond; and
18-46 (B) sending a copy of the affidavit to the
18-47 commissioner by certified mail.
18-48 (b) If the commissioner receives a copy of an affidavit
18-49 under Subsection (a)(2), the commissioner may file with the court,
18-50 within five days after the date the copy is received, a contest to
18-51 the affidavit. The court shall hold a hearing on the facts alleged
18-52 in the affidavit as soon as practicable and shall stay the
18-53 enforcement of the penalty on finding that the alleged facts are
18-54 true. The person who files an affidavit has the burden of proving
18-55 that the person is financially unable to pay the penalty or to give
18-56 a supersedeas bond.
18-57 Sec. 485.109. COLLECTION OF PENALTY. (a) If the person
18-58 does not pay the penalty and the enforcement of the penalty is not
18-59 stayed, the penalty may be collected.
18-60 (b) The attorney general may sue to collect the penalty.
18-61 Sec. 485.110. DECISION BY COURT. (a) If the court sustains
18-62 the finding that a violation occurred, the court may uphold or
18-63 reduce the amount of the penalty and order the person to pay the
18-64 full or reduced amount of the penalty.
18-65 (b) If the court does not sustain the finding that a
18-66 violation occurred, the court shall order that a penalty is not
18-67 owed.
18-68 Sec. 485.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
18-69 the person paid the penalty and if the amount of the penalty is
19-1 reduced or the penalty is not upheld by the court, the court shall
19-2 order, when the court's judgment becomes final, that the
19-3 appropriate amount plus accrued interest be remitted to the person
19-4 within 30 days after the date that the judgment of the court
19-5 becomes final.
19-6 (b) The interest accrues at the rate charged on loans to
19-7 depository institutions by the New York Federal Reserve Bank.
19-8 (c) The interest shall be paid for the period beginning on
19-9 the date the penalty is paid and ending on the date the penalty is
19-10 remitted.
19-11 Sec. 485.112. RELEASE OF BOND. (a) If the person gave a
19-12 supersedeas bond and the penalty is not upheld by the court, the
19-13 court shall order, when the court's judgment becomes final, the
19-14 release of the bond.
19-15 (b) If the person gave a supersedeas bond and the amount of
19-16 the penalty is reduced, the court shall order the release of the
19-17 bond after the person pays the reduced amount.
19-18 Sec. 485.113. ADMINISTRATIVE PROCEDURE. A proceeding to
19-19 impose the penalty is considered to be a contested case under
19-20 Chapter 2001, Government Code.
19-21 ARTICLE 7. HAZARDOUS SUBSTANCES; ADMINISTRATIVE PENALTY
19-22 SECTION 7.01. Chapter 501, Health and Safety Code, is
19-23 amended by adding Subchapter D to read as follows:
19-24 SUBCHAPTER D. ADMINISTRATIVE PENALTY
19-25 Sec. 501.101. IMPOSITION OF PENALTY. (a) The department
19-26 may impose an administrative penalty on a person:
19-27 (1) who manufactures or repacks a hazardous substance
19-28 that is distributed in this state or who distributes a hazardous
19-29 substance in this state; and
19-30 (2) who violates this chapter or a rule or order
19-31 adopted under this chapter.
19-32 (b) A penalty collected under this subchapter shall be
19-33 deposited in the state treasury in the general revenue fund.
19-34 Sec. 501.102. AMOUNT OF PENALTY. (a) The amount of the
19-35 penalty may not exceed $1,000 for each violation, and each day a
19-36 violation continues or occurs is a separate violation for purposes
19-37 of imposing a penalty. The total amount of the penalty assessed
19-38 for a violation continuing or occurring on separate days under this
19-39 subsection may not exceed $5,000.
19-40 (b) The amount shall be based on:
19-41 (1) the seriousness of the violation, including the
19-42 nature, circumstances, extent, and gravity of the violation;
19-43 (2) the threat to health or safety caused by the
19-44 violation;
19-45 (3) the history of previous violations;
19-46 (4) the amount necessary to deter a future violation;
19-47 (5) whether the violator demonstrated good faith,
19-48 including when applicable whether the violator made good faith
19-49 efforts to correct the violation; and
19-50 (6) any other matter that justice may require.
19-51 Sec. 501.103. REPORT AND NOTICE OF VIOLATION AND PENALTY.
19-52 (a) If the department initially determines that a violation
19-53 occurred, the department shall give written notice of the report by
19-54 certified mail to the person.
19-55 (b) The notice must:
19-56 (1) include a brief summary of the alleged violation;
19-57 (2) state the amount of the recommended penalty; and
19-58 (3) inform the person of the person's right to a
19-59 hearing on the occurrence of the violation, the amount of the
19-60 penalty, or both.
19-61 Sec. 501.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
19-62 Within 20 days after the date the person receives the notice sent
19-63 under Section 501.103, the person in writing may:
19-64 (1) accept the determination and recommended penalty
19-65 of the department; or
19-66 (2) make a request for a hearing on the occurrence of
19-67 the violation, the amount of the penalty, or both.
19-68 (b) If the person accepts the determination and recommended
19-69 penalty or if the person fails to respond to the notice, the
20-1 commissioner of public health by order shall approve the
20-2 determination and impose the recommended penalty.
20-3 Sec. 501.105. HEARING. (a) If the person requests a
20-4 hearing, the commissioner of public health shall refer the matter
20-5 to the State Office of Administrative Hearings, which shall
20-6 promptly set a hearing date and give written notice of the time and
20-7 place of the hearing to the person. An administrative law judge of
20-8 the State Office of Administrative Hearings shall conduct the
20-9 hearing.
20-10 (b) The administrative law judge shall make findings of fact
20-11 and conclusions of law and promptly issue to the commissioner of
20-12 public health a proposal for a decision about the occurrence of the
20-13 violation and the amount of a proposed penalty.
20-14 Sec. 501.106. DECISION BY COMMISSIONER. (a) Based on the
20-15 findings of fact, conclusions of law, and proposal for a decision,
20-16 the commissioner of public health by order may:
20-17 (1) find that a violation occurred and impose a
20-18 penalty; or
20-19 (2) find that a violation did not occur.
20-20 (b) The notice of the commissioner's order under Subsection
20-21 (a) that is sent to the person in accordance with Chapter 2001,
20-22 Government Code, must include a statement of the right of the
20-23 person to judicial review of the order.
20-24 Sec. 501.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
20-25 Within 30 days after the date an order of the commissioner of
20-26 public health under Section 501.106 that imposes an administrative
20-27 penalty becomes final, the person shall:
20-28 (1) pay the penalty; or
20-29 (2) file a petition for judicial review of the
20-30 commissioner's order contesting the occurrence of the violation,
20-31 the amount of the penalty, or both.
20-32 Sec. 501.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within
20-33 the 30-day period prescribed by Section 501.107, a person who files
20-34 a petition for judicial review may:
20-35 (1) stay enforcement of the penalty by:
20-36 (A) paying the penalty to the court for
20-37 placement in an escrow account; or
20-38 (B) giving the court a supersedeas bond approved
20-39 by the court that:
20-40 (i) is for the amount of the penalty; and
20-41 (ii) is effective until all judicial
20-42 review of the commissioner's order is final; or
20-43 (2) request the court to stay enforcement of the
20-44 penalty by:
20-45 (A) filing with the court a sworn affidavit of
20-46 the person stating that the person is financially unable to pay the
20-47 penalty and is financially unable to give the supersedeas bond; and
20-48 (B) giving a copy of the affidavit to the
20-49 commissioner of public health by certified mail.
20-50 (b) If the commissioner of public health receives a copy of
20-51 an affidavit under Subsection (a)(2), the commissioner may file
20-52 with the court, within five days after the date the copy is
20-53 received, a contest to the affidavit. The court shall hold a
20-54 hearing on the facts alleged in the affidavit as soon as
20-55 practicable and shall stay the enforcement of the penalty on
20-56 finding that the alleged facts are true. The person who files an
20-57 affidavit has the burden of proving that the person is financially
20-58 unable to pay the penalty or to give a supersedeas bond.
20-59 Sec. 501.109. COLLECTION OF PENALTY. (a) If the person
20-60 does not pay the penalty and the enforcement of the penalty is not
20-61 stayed, the penalty may be collected.
20-62 (b) The attorney general may sue to collect the penalty.
20-63 Sec. 501.110. DECISION BY COURT. (a) If the court sustains
20-64 the finding that a violation occurred, the court may uphold or
20-65 reduce the amount of the penalty and order the person to pay the
20-66 full or reduced amount of the penalty.
20-67 (b) If the court does not sustain the finding that a
20-68 violation occurred, the court shall order that a penalty is not
20-69 owed.
21-1 Sec. 501.111. REMITTANCE OF PENALTY AND INTEREST. (a) If
21-2 the person paid the penalty and if the amount of the penalty is
21-3 reduced or the penalty is not upheld by the court, the court shall
21-4 order, when the court's judgment becomes final, that the
21-5 appropriate amount plus accrued interest be remitted to the person
21-6 within 30 days after the date that the judgment of the court
21-7 becomes final.
21-8 (b) The interest accrues at the rate charged on loans to
21-9 depository institutions by the New York Federal Reserve Bank.
21-10 (c) The interest shall be paid for the period beginning on
21-11 the date the penalty is paid and ending on the date the penalty is
21-12 remitted.
21-13 Sec. 501.112. RELEASE OF BOND. (a) If the person gave a
21-14 supersedeas bond and the penalty is not upheld by the court, the
21-15 court shall order, when the court's judgment becomes final, the
21-16 release of the bond.
21-17 (b) If the person gave a supersedeas bond and the amount of
21-18 the penalty is reduced, the court shall order the release of the
21-19 bond after the person pays the reduced amount.
21-20 Sec. 501.113. ADMINISTRATIVE PROCEDURE. A proceeding to
21-21 impose the penalty is considered to be a contested case under
21-22 Chapter 2001, Government Code.
21-23 ARTICLE 8. FEES FOR PRIVATE MENTAL HOSPITALS AND CERTAIN OTHER
21-24 MENTAL HEALTH FACILITIES
21-25 SECTION 8.01. Section 577.006, Health and Safety Code, is
21-26 amended to read as follows:
21-27 Sec. 577.006. FEES. (a) The department shall charge each
21-28 hospital an annual license fee for an initial license or a license
21-29 renewal [board by rule shall adopt:]
21-30 [(1) an application fee;]
21-31 [(2) a license fee;]
21-32 [(3) a fee schedule for reviewing the plan of the
21-33 hospital or facility premises; and]
21-34 [(4) a fee schedule for field surveys of construction
21-35 plans].
21-36 (b) The board by rule shall adopt the fees authorized by
21-37 Subsection (a) according to a schedule under which the number of
21-38 beds in the hospital determines the amount of the fee. The fee may
21-39 not exceed $15 a bed. A minimum license fee may be established.
21-40 The minimum fee may not exceed $1,000 [department may establish
21-41 staggered license renewal dates and dates on which fees are due].
21-42 (c) The board by rule shall adopt fees for hospital plan
21-43 reviews according to a schedule under which the amounts of the fees
21-44 are based on the estimated construction costs. [A fee adopted
21-45 under this chapter must be based on the estimated cost to and the
21-46 level of effort expended by the department to conduct the activity
21-47 for which the fee is imposed.]
21-48 (d) The fees imposed under the schedule may not exceed the
21-49 following:
21-50 Cost of Construction Fee
21-51 (1) $ 100,000 or less $ 500
21-52 (2) $ 100,001 - $ 600,000 $1,500
21-53 (3) $ 600,001 - $ 2,000,000 $3,000
21-54 (4) $ 2,000,001 - $ 5,000,000 $4,500
21-55 (5) $ 5,000,001 - $10,000,000 $6,000
21-56 (6) $10,000,001 and over $7,500
21-57 [The fees should be designed to recover all of the department's
21-58 cost in granting the initial license and in renewing the license,
21-59 but may not exceed $250.]
21-60 (e) The department shall charge a fee for field surveys of
21-61 construction plans reviewed under this section. The board by rule
21-62 shall adopt a fee schedule for the surveys that provides a minimum
21-63 fee of $500 and a maximum fee of $1,000 for each survey conducted
21-64 [fee for a plan review or field survey may not exceed $650].
21-65 (f) The department annually shall review the fee schedules
21-66 to ensure that the fees charged are based on the estimated costs to
21-67 and level of effort expended by the department.
21-68 (g) The department may establish staggered license renewal
21-69 dates and dates on which fees are due.
22-1 (h) A fee adopted under this chapter must be based on the
22-2 estimated cost to and level of effort expended by the department to
22-3 conduct the activity for which the fee is imposed.
22-4 (i) All license fees collected shall be deposited in the
22-5 state treasury to the credit of the department to administer and
22-6 enforce this chapter. These fees may be appropriated only to the
22-7 department. [Fees collected under this chapter shall be deposited
22-8 in the state treasury in a separate fund and may be appropriated
22-9 for salaries, maintenance, travel expenses, repairs, printing,
22-10 postage, and other uses and purposes prescribed by this subtitle.]
22-11 ARTICLE 9. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
22-12 RADIATION ADVISORY BOARD
22-13 SECTION 9.01. Section 401.015, Health and Safety Code, is
22-14 amended by adding Subsections (d), (e), and (f) to read as follows:
22-15 (d) In this subsection, "Texas trade association" means a
22-16 cooperative and voluntarily joined association of business or
22-17 professional competitors in this state designed to assist its
22-18 members and its industry or profession in dealing with mutual
22-19 business or professional problems and in promoting their common
22-20 interest. A person may not be a member of the advisory board if:
22-21 (1) the person is an officer, employee, or paid
22-22 consultant of a Texas trade association in the field of health
22-23 physics or radiological health; or
22-24 (2) the person's spouse is an officer, manager, or
22-25 paid consultant of a Texas trade association in the field of health
22-26 physics or radiological health.
22-27 (e) A person may not be a member of the advisory board or
22-28 act as the general counsel to the advisory board if the person is
22-29 required to register as a lobbyist under Chapter 305, Government
22-30 Code, because of the person's activities for compensation on behalf
22-31 of a profession related to the operation of the advisory board.
22-32 (f) Appointments to the advisory board shall be made without
22-33 regard to the race, color, disability, sex, religion, age, or
22-34 national origin of the appointees.
22-35 SECTION 9.02. Subchapter B, Chapter 401, Health and Safety
22-36 Code, is amended by adding Sections 401.0151 through 401.0153 to
22-37 read as follows:
22-38 Sec. 401.0151. TRAINING FOR ADVISORY BOARD MEMBERS. (a) A
22-39 person who is appointed to and qualifies for office as a member of
22-40 the advisory board may not vote, deliberate, or be counted as a
22-41 member in attendance at a meeting of the advisory board until the
22-42 person completes a training program that complies with this
22-43 section.
22-44 (b) The training program must provide the person with
22-45 information regarding:
22-46 (1) the legislation that created the advisory board;
22-47 (2) the role and functions of the advisory board;
22-48 (3) the rules of the advisory board and applicable
22-49 rules of the department, with an emphasis on the rules that relate
22-50 to disciplinary and investigatory authority;
22-51 (4) the requirements of:
22-52 (A) the open meetings law, Chapter 551,
22-53 Government Code;
22-54 (B) the public information law, Chapter 552,
22-55 Government Code;
22-56 (C) the administrative procedure law, Chapter
22-57 2001, Government Code; and
22-58 (D) other laws relating to public officials,
22-59 including conflict-of-interest laws; and
22-60 (5) any applicable ethics policies adopted by the
22-61 advisory board or the Texas Ethics Commission.
22-62 (c) A person appointed to the advisory board is entitled to
22-63 reimbursement, as provided by the General Appropriations Act, for
22-64 the travel expenses incurred in attending the training program
22-65 regardless of whether the attendance at the program occurs before
22-66 or after the person qualifies for office.
22-67 Sec. 401.0152. INFORMATION ABOUT STANDARDS OF CONDUCT. The
22-68 commissioner or the commissioner's designee shall provide to
22-69 members of the advisory board, as often as necessary, information
23-1 regarding the requirements for office under this subchapter,
23-2 including information regarding a person's responsibilities under
23-3 applicable laws relating to standards of conduct for state
23-4 officers.
23-5 Sec. 401.0153. GROUNDS FOR REMOVAL. (a) It is a ground for
23-6 removal from the advisory board that a member:
23-7 (1) does not have at the time of taking office the
23-8 qualifications required by Section 401.015(a);
23-9 (2) does not maintain during service on the advisory
23-10 board the qualifications required by Section 401.015(a);
23-11 (3) is ineligible for membership under Section
23-12 401.015(c), (d), or (e);
23-13 (4) cannot, because of illness or disability,
23-14 discharge the member's duties for a substantial part of the
23-15 member's term; or
23-16 (5) is absent from more than half of the regularly
23-17 scheduled advisory board meetings that the member is eligible to
23-18 attend during a calendar year without an excuse approved by a
23-19 majority vote of the advisory board.
23-20 (b) The validity of an action of the advisory board is not
23-21 affected by the fact that it is taken when a ground for removal of
23-22 an advisory board member exists.
23-23 (c) If the commissioner has knowledge that a potential
23-24 ground for removal exists, the commissioner shall notify the
23-25 advisory board chairman of the potential ground. The advisory
23-26 board chairman shall then notify the governor and the attorney
23-27 general that a potential ground for removal exists. If the
23-28 potential ground for removal involves the advisory board chairman,
23-29 the commissioner shall notify the next highest ranking officer of
23-30 the advisory board, who shall then notify the governor and the
23-31 attorney general that a potential ground for removal exists.
23-32 SECTION 9.03. Section 401.016, Health and Safety Code, is
23-33 amended to read as follows:
23-34 Sec. 401.016. OFFICERS. (a) The governor shall designate a
23-35 member of the advisory board as the advisory board chairman to
23-36 serve in that capacity at the will of the governor.
23-37 (b) The advisory board shall elect from its members a
23-38 [chairman,] vice-chairman[,] and secretary.
23-39 SECTION 9.04. Subchapter B, Chapter 401, Health and Safety
23-40 Code, is amended by adding Section 401.0181 to read as follows:
23-41 Sec. 401.0181. PUBLIC TESTIMONY. The advisory board shall
23-42 develop and implement policies that provide the public with a
23-43 reasonable opportunity to appear before the advisory board and to
23-44 speak on any issue under the jurisdiction of the advisory board.
23-45 SECTION 9.05. The changes in law made by this Act in the
23-46 prohibitions applying to members of the radiation advisory board do
23-47 not affect the entitlement of a member serving on the board
23-48 immediately before September 1, 1999, to continue to serve and
23-49 function as a member of the board for the remainder of the member's
23-50 term. The changes in law apply only to a member appointed on or
23-51 after September 1, 1999. The changes in law made by this Act do
23-52 not prohibit a person who is a member of the board immediately
23-53 before September 1, 1999, from being reappointed to the board if
23-54 the person is eligible to serve as a member under Chapter 401,
23-55 Health and Safety Code, as amended by this Act.
23-56 ARTICLE 10. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
23-57 COUNCIL ON ALZHEIMER'S DISEASE
23-58 SECTION 10.01. Section 101.002, Health and Safety Code, is
23-59 amended by amending Subsection (c) and adding Subsection (d) to
23-60 read as follows:
23-61 (c) The governor shall designate a member [members] of the
23-62 council who is not [shall annually elect a chairman from the
23-63 council, except that] an agency representative as the chairman of
23-64 the council to serve in that capacity at the will of the governor
23-65 [may not serve as the chairman].
23-66 (d) Appointments to the council shall be made without regard
23-67 to the race, color, disability, sex, religion, age, or national
23-68 origin of the appointees.
23-69 SECTION 10.02. Chapter 101, Health and Safety Code, is
24-1 amended by adding Sections 101.0021 through 101.0023 to read as
24-2 follows:
24-3 Sec. 101.0021. CONFLICT OF INTEREST. (a) In this section,
24-4 "Texas trade association" means a cooperative and voluntarily
24-5 joined association of business or professional competitors in this
24-6 state designed to assist its members and its industry or profession
24-7 in dealing with mutual business or professional problems and in
24-8 promoting their common interest.
24-9 (b) A person may not be a member of the council if:
24-10 (1) the person is an officer, employee, or paid
24-11 consultant of a Texas trade association in the field of medicine;
24-12 or
24-13 (2) the person's spouse is an officer, manager, or
24-14 paid consultant of a Texas trade association in the field of
24-15 medicine.
24-16 (c) A person may not be a member of the council if the
24-17 person is required to register as a lobbyist under Chapter 305,
24-18 Government Code, because of the person's activities for
24-19 compensation on behalf of a profession related to the operation of
24-20 the council.
24-21 Sec. 101.0022. GROUNDS FOR REMOVAL. (a) It is a ground for
24-22 removal from the council that a member:
24-23 (1) does not have at the time of taking office the
24-24 qualifications required by Section 101.002(a);
24-25 (2) does not maintain during service on the council
24-26 the qualifications required by Section 101.002(a);
24-27 (3) is ineligible for membership under Section
24-28 101.0021;
24-29 (4) cannot, because of illness or disability,
24-30 discharge the member's duties for a substantial part of the
24-31 member's term; or
24-32 (5) is absent from more than half of the regularly
24-33 scheduled council meetings that the member is eligible to attend
24-34 during a calendar year without an excuse approved by a majority
24-35 vote of the council.
24-36 (b) The validity of an action of the council is not affected
24-37 by the fact that it is taken when a ground for removal of a council
24-38 member exists.
24-39 (c) If the commissioner has knowledge that a potential
24-40 ground for removal exists, the commissioner shall notify the
24-41 chairman of the council of the potential ground. The chairman
24-42 shall then notify the governor and the attorney general that a
24-43 potential ground for removal exists. If the potential ground for
24-44 removal involves the chairman, the commissioner shall notify the
24-45 next highest ranking officer of the council, who shall then notify
24-46 the governor and the attorney general that a potential ground for
24-47 removal exists.
24-48 Sec. 101.0023. TRAINING. (a) A person who is appointed to
24-49 and qualifies for office as a member of the council may not vote,
24-50 deliberate, or be counted as a member in attendance at a meeting of
24-51 the council until the person completes a training program that
24-52 complies with this section.
24-53 (b) The training program must provide the person with
24-54 information regarding:
24-55 (1) the legislation that created the council;
24-56 (2) the programs operated by the council;
24-57 (3) the role and functions of the council;
24-58 (4) the rules of the council;
24-59 (5) the current budget for the council;
24-60 (6) the results of the most recent formal audit of the
24-61 council;
24-62 (7) the requirements of:
24-63 (A) the open meetings law, Chapter 551,
24-64 Government Code;
24-65 (B) the public information law, Chapter 552,
24-66 Government Code;
24-67 (C) the administrative procedure law, Chapter
24-68 2001, Government Code; and
24-69 (D) other laws relating to public officials,
25-1 including conflict-of-interest laws; and
25-2 (8) any applicable ethics policies adopted by the
25-3 council or the Texas Ethics Commission.
25-4 (c) A person appointed to the council is entitled to
25-5 reimbursement, as provided by the General Appropriations Act, for
25-6 the travel expenses incurred in attending the training program
25-7 regardless of whether the attendance at the program occurs before
25-8 or after the person qualifies for office.
25-9 SECTION 10.03. Chapter 101, Health and Safety Code, is
25-10 amended by adding Section 101.0065 to read as follows:
25-11 Sec. 101.0065. PUBLIC TESTIMONY. The council shall develop
25-12 and implement policies that provide the public with a reasonable
25-13 opportunity to appear before the council and to speak on any issue
25-14 under the jurisdiction of the council.
25-15 SECTION 10.04. Chapter 101, Health and Safety Code, is
25-16 amended by adding Section 101.0075 to read as follows:
25-17 Sec. 101.0075. DIVISION OF POLICY AND MANAGEMENT
25-18 RESPONSIBILITIES. The council shall develop and implement policies
25-19 that clearly separate the policymaking responsibilities of the
25-20 council and the management responsibilities of the commissioner and
25-21 the staff of the department.
25-22 SECTION 10.05. Chapter 101, Health and Safety Code, is
25-23 amended by adding Section 101.0081 to read as follows:
25-24 Sec. 101.0081. INFORMATION ABOUT STANDARDS OF CONDUCT. The
25-25 commissioner or the commissioner's designee shall provide to
25-26 members of the council, as often as necessary, information
25-27 regarding the requirements for office under this chapter, including
25-28 information regarding a person's responsibilities under applicable
25-29 laws relating to standards of conduct for state officers.
25-30 SECTION 10.06. The changes in law made by this Act in the
25-31 prohibitions applying to members of the Texas Council on
25-32 Alzheimer's Disease and Related Disorders do not affect the
25-33 entitlement of a member serving on the council immediately before
25-34 September 1, 1999, to continue to serve and function as a member of
25-35 the council for the remainder of the member's term. The changes in
25-36 law apply only to a member appointed on or after September 1, 1999.
25-37 The changes in law made by this Act do not prohibit a person who is
25-38 a member of the council immediately before September 1, 1999, from
25-39 being reappointed to the council if the person is eligible to serve
25-40 as a member under Chapter 101, Health and Safety Code, as amended
25-41 by this Act.
25-42 ARTICLE 11. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
25-43 TO THE STATEWIDE HEALTH COORDINATING COUNCIL
25-44 SECTION 11.01. Section 104.011, Health and Safety Code, is
25-45 amended by adding Subsections (c) and (d) to read as follows:
25-46 (c) The governor shall designate a member of the council as
25-47 the presiding officer of the council to serve in that capacity at
25-48 the will of the governor.
25-49 (d) Appointments to the council shall be made without regard
25-50 to the race, color, disability, sex, religion, age, or national
25-51 origin of the appointees.
25-52 SECTION 11.02. Subchapter B, Chapter 104, Health and Safety
25-53 Code, is amended by adding Sections 104.0111 through 104.0113 to
25-54 read as follows:
25-55 Sec. 104.0111. CONFLICT OF INTEREST. (a) In this section,
25-56 "Texas trade association" means a cooperative and voluntarily
25-57 joined association of business or professional competitors in this
25-58 state designed to assist its members and its industry or profession
25-59 in dealing with mutual business or professional problems and in
25-60 promoting their common interest.
25-61 (b) A person may not be a member of the statewide health
25-62 coordinating council if:
25-63 (1) the person is an officer, employee, or paid
25-64 consultant of a Texas trade association in the field of medicine;
25-65 or
25-66 (2) the person's spouse is an officer, manager, or
25-67 paid consultant of a Texas trade association in the field of
25-68 medicine.
25-69 (c) A person may not be a member of the council if the
26-1 person is required to register as a lobbyist under Chapter 305,
26-2 Government Code, because of the person's activities for
26-3 compensation on behalf of a profession related to the operation of
26-4 the council.
26-5 Sec. 104.0112. GROUNDS FOR REMOVAL. (a) It is a ground for
26-6 removal from the statewide health coordinating council that a
26-7 member:
26-8 (1) does not have at the time of taking office the
26-9 qualifications required by Section 104.011(a);
26-10 (2) does not maintain during service on the council
26-11 the qualifications required by Section 104.011(a);
26-12 (3) is ineligible for membership under Section
26-13 104.0111;
26-14 (4) cannot, because of illness or disability,
26-15 discharge the member's duties for a substantial part of the
26-16 member's term; or
26-17 (5) is absent from more than half of the regularly
26-18 scheduled council meetings that the member is eligible to attend
26-19 during a calendar year without an excuse approved by a majority
26-20 vote of the council.
26-21 (b) The validity of an action of the council is not affected
26-22 by the fact that it is taken when a ground for removal of a council
26-23 member exists.
26-24 (c) If the commissioner has knowledge that a potential
26-25 ground for removal exists, the commissioner shall notify the
26-26 presiding officer of the council of the potential ground. The
26-27 presiding officer shall then notify the governor and the attorney
26-28 general that a potential ground for removal exists. If the
26-29 potential ground for removal involves the presiding officer, the
26-30 commissioner shall notify the next highest ranking officer of the
26-31 council, who shall then notify the governor and the attorney
26-32 general that a potential ground for removal exists.
26-33 Sec. 104.0113. TRAINING. (a) A person who is appointed to
26-34 and qualifies for office as a member of the statewide health
26-35 coordinating council may not vote, deliberate, or be counted as a
26-36 member in attendance at a meeting of the council until the person
26-37 completes a training program that complies with this section.
26-38 (b) The training program must provide the person with
26-39 information regarding:
26-40 (1) the legislation that created the council;
26-41 (2) the programs operated by the council;
26-42 (3) the role and functions of the council;
26-43 (4) the rules of the council;
26-44 (5) the current budget for the council;
26-45 (6) the results of the most recent formal audit of the
26-46 council;
26-47 (7) the requirements of:
26-48 (A) the open meetings law, Chapter 551,
26-49 Government Code;
26-50 (B) the public information law, Chapter 552,
26-51 Government Code;
26-52 (C) the administrative procedure law, Chapter
26-53 2001, Government Code; and
26-54 (D) other laws relating to public officials,
26-55 including conflict-of-interest laws; and
26-56 (8) any applicable ethics policies adopted by the
26-57 council or the Texas Ethics Commission.
26-58 (c) A person appointed to the council is entitled to
26-59 reimbursement, as provided by the General Appropriations Act, for
26-60 the travel expenses incurred in attending the training program
26-61 regardless of whether the attendance at the program occurs before
26-62 or after the person qualifies for office.
26-63 SECTION 11.03. Subchapter B, Chapter 104, Health and Safety
26-64 Code, is amended by adding Sections 104.0141 and 104.0142 to read
26-65 as follows:
26-66 Sec. 104.0141. DIVISION OF POLICY AND MANAGEMENT
26-67 RESPONSIBILITIES. The statewide health coordinating council shall
26-68 develop and implement policies that clearly separate the
26-69 policymaking responsibilities of the council and the management
27-1 responsibilities of the commissioner and the staff of the
27-2 department.
27-3 Sec. 104.0142. INFORMATION ABOUT STANDARDS OF CONDUCT. The
27-4 commissioner or the commissioner's designee shall provide to
27-5 members of the statewide health coordinating council, as often as
27-6 necessary, information regarding the requirements for office under
27-7 this chapter, including information regarding a person's
27-8 responsibilities under applicable laws relating to standards of
27-9 conduct for state officers.
27-10 SECTION 11.04. Subchapter B, Chapter 104, Health and Safety
27-11 Code, is amended by adding Section 104.016 to read as follows:
27-12 Sec. 104.016. PUBLIC TESTIMONY. The statewide health
27-13 coordinating council shall develop and implement policies that
27-14 provide the public with a reasonable opportunity to appear before
27-15 the council and to speak on any issue under the jurisdiction of the
27-16 council.
27-17 SECTION 11.05. The changes in law made by this Act in the
27-18 prohibitions applying to members of the statewide health
27-19 coordinating council do not affect the entitlement of a member
27-20 serving on the council immediately before September 1, 1999, to
27-21 continue to serve and function as a member of the council for the
27-22 remainder of the member's term. The changes in law apply only to a
27-23 member appointed on or after September 1, 1999. The changes in law
27-24 made by this Act do not prohibit a person who is a member of the
27-25 council immediately before September 1, 1999, from being
27-26 reappointed to the council if the person is eligible to serve as a
27-27 member under Chapter 104, Health and Safety Code, as amended by
27-28 this Act.
27-29 ARTICLE 12. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
27-30 TO THE TEXAS DIABETES COUNCIL
27-31 SECTION 12.01. Section 103.002(d), Health and Safety Code,
27-32 is amended to read as follows:
27-33 (d) Appointments to the council shall be made without regard
27-34 to the race, color, disability, creed, sex, religion, age, or
27-35 national origin of the appointees.
27-36 SECTION 12.02. Section 103.006, Health and Safety Code, is
27-37 amended to read as follows:
27-38 Sec. 103.006. CHAIRMAN. The governor shall designate a
27-39 member of the council as the [Council members shall annually elect
27-40 one citizen member to serve as] chairman of the council to serve in
27-41 that capacity at the will of the governor.
27-42 SECTION 12.03. Chapter 103, Health and Safety Code, is
27-43 amended by adding Sections 103.0024 and 103.0025 to read as
27-44 follows:
27-45 Sec. 103.0024. TRAINING. (a) A person who is appointed to
27-46 and qualifies for office as a member of the council may not vote,
27-47 deliberate, or be counted as a member in attendance at a meeting of
27-48 the council until the person completes a training program that
27-49 complies with this section.
27-50 (b) The training program must provide the person with
27-51 information regarding:
27-52 (1) the legislation that created the council;
27-53 (2) the programs operated by the council;
27-54 (3) the role and functions of the council;
27-55 (4) the rules of the council;
27-56 (5) the current budget for the council;
27-57 (6) the results of the most recent formal audit of the
27-58 council;
27-59 (7) the requirements of:
27-60 (A) the open meetings law, Chapter 551,
27-61 Government Code;
27-62 (B) the public information law, Chapter 552,
27-63 Government Code;
27-64 (C) the administrative procedure law, Chapter
27-65 2001, Government Code; and
27-66 (D) other laws relating to public officials,
27-67 including conflict-of-interest laws; and
27-68 (8) any applicable ethics policies adopted by the
27-69 council or the Texas Ethics Commission.
28-1 (c) A person appointed to the council is entitled to
28-2 reimbursement, as provided by the General Appropriations Act, for
28-3 the travel expenses incurred in attending the training program
28-4 regardless of whether the attendance at the program occurs before
28-5 or after the person qualifies for office.
28-6 Sec. 103.0025. INFORMATION ABOUT STANDARDS OF CONDUCT. The
28-7 commissioner or the commissioner's designee shall provide to
28-8 members of the council, as often as necessary, information
28-9 regarding the requirements for office under this chapter, including
28-10 information regarding a person's responsibilities under applicable
28-11 laws relating to standards of conduct for state officers.
28-12 SECTION 12.04. Chapter 103, Health and Safety Code, is
28-13 amended by adding Section 103.0105 to read as follows:
28-14 Sec. 103.0105. DIVISION OF POLICY AND MANAGEMENT
28-15 RESPONSIBILITIES. The council shall develop and implement policies
28-16 that clearly separate the policymaking responsibilities of the
28-17 council and the management responsibilities of the commissioner and
28-18 the staff of the department.
28-19 SECTION 12.05. The changes in law made by this Act in the
28-20 prohibitions applying to members of the Texas Diabetes Council do
28-21 not affect the entitlement of a member serving on the council
28-22 immediately before September 1, 1999, to continue to serve and
28-23 function as a member of the council for the remainder of the
28-24 member's term. The changes in law apply only to a member appointed
28-25 on or after September 1, 1999.
28-26 ARTICLE 13. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
28-27 TO THE ADVISORY BOARD OF ATHLETIC TRAINERS
28-28 SECTION 13.01. Section 2, Chapter 498, Acts of the 62nd
28-29 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
28-30 Civil Statutes), is amended by amending Subsections (a) and (b) and
28-31 adding Subsection (e) to read as follows:
28-32 (a) The Advisory Board of Athletic Trainers, composed of six
28-33 members, is created. The board is created as a part of the Texas
28-34 [State] Department of Health and shall perform its duties as a
28-35 board within the Texas [State] Department of Health. To qualify as
28-36 a member, a person must be a citizen of the United States and a
28-37 resident of Texas for five years immediately preceding appointment.
28-38 Four members [Members] must be licensed athletic trainers. Two
28-39 members must be representatives of the general public. A person
28-40 may not be a public member of the board if the person or the
28-41 person's spouse:
28-42 (1) is registered, certified, or licensed by a
28-43 regulatory agency in the field of athletic training;
28-44 (2) is employed by or participates in the management
28-45 of a business entity or other organization regulated by or
28-46 receiving money from the board;
28-47 (3) owns or controls, directly or indirectly, more
28-48 than a 10 percent interest in a business entity or other
28-49 organization regulated by or receiving money from the board; or
28-50 (4) uses or receives a substantial amount of tangible
28-51 goods, services, or money from the board other than compensation or
28-52 reimbursement authorized by law for board membership, attendance,
28-53 or expenses.
28-54 (b) The members of the board shall be appointed by the
28-55 governor with the advice and consent of the Senate. Members
28-56 [Except for the initial appointees, members] hold office for terms
28-57 of six years. The terms of two members expire on January 31 of
28-58 each odd-numbered year [years].
28-59 (e) Appointments to the board shall be made without regard
28-60 to the race, color, disability, sex, religion, age, or national
28-61 origin of the appointees.
28-62 SECTION 13.02. Chapter 498, Acts of the 62nd Legislature,
28-63 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
28-64 Statutes), is amended by adding Sections 2B, 2C, 2D, 2E, and 2F to
28-65 read as follows:
28-66 Sec. 2B. CONFLICT OF INTEREST. (a) In this section, "Texas
28-67 trade association" means a cooperative and voluntarily joined
28-68 association of business or professional competitors in this state
28-69 designed to assist its members and its industry or profession in
29-1 dealing with mutual business or professional problems and in
29-2 promoting their common interest.
29-3 (b) A person may not be a member of the board if:
29-4 (1) the person is an officer, employee, or paid
29-5 consultant of a Texas trade association in the field of athletic
29-6 training; or
29-7 (2) the person's spouse is an officer, manager, or
29-8 paid consultant of a Texas trade association in the field of
29-9 athletic training.
29-10 (c) A person may not be a member of the board if the person
29-11 is required to register as a lobbyist under Chapter 305, Government
29-12 Code, because of the person's activities for compensation on behalf
29-13 of a profession related to the operation of the board.
29-14 Sec. 2C. GROUNDS FOR REMOVAL. (a) It is a ground for
29-15 removal from the board that a member:
29-16 (1) does not have at the time of taking office the
29-17 qualifications required by Subsection (a) of Section 2 of this Act;
29-18 (2) does not maintain during service on the board the
29-19 qualifications required by Subsection (a) of Section 2 of this Act;
29-20 (3) is ineligible for membership under Section 2B of
29-21 this Act;
29-22 (4) cannot, because of illness or disability,
29-23 discharge the member's duties for a substantial part of the
29-24 member's term; or
29-25 (5) is absent from more than half of the regularly
29-26 scheduled board meetings that the member is eligible to attend
29-27 during a calendar year without an excuse approved by a majority
29-28 vote of the board.
29-29 (b) The validity of an action of the board is not affected
29-30 by the fact that it is taken when a ground for removal of a board
29-31 member exists.
29-32 (c) If the commissioner of public health has knowledge that
29-33 a potential ground for removal exists, the commissioner shall
29-34 notify the chairman of the board of the potential ground. The
29-35 chairman shall then notify the governor and the attorney general
29-36 that a potential ground for removal exists. If the potential
29-37 ground for removal involves the chairman, the commissioner shall
29-38 notify the next highest ranking officer of the board, who shall
29-39 then notify the governor and the attorney general that a potential
29-40 ground for removal exists.
29-41 Sec. 2D. TRAINING. (a) A person who is appointed to and
29-42 qualifies for office as a member of the board may not vote,
29-43 deliberate, or be counted as a member in attendance at a meeting of
29-44 the board until the person completes a training program that
29-45 complies with this section.
29-46 (b) The training program must provide the person with
29-47 information regarding:
29-48 (1) the legislation that created the board;
29-49 (2) the programs operated by the board;
29-50 (3) the role and functions of the board;
29-51 (4) the rules of the board, with an emphasis on the
29-52 rules that relate to disciplinary and investigatory authority;
29-53 (5) the current budget for the board;
29-54 (6) the results of the most recent formal audit of the
29-55 board;
29-56 (7) the requirements of:
29-57 (A) the open meetings law, Chapter 551,
29-58 Government Code;
29-59 (B) the public information law, Chapter 552,
29-60 Government Code;
29-61 (C) the administrative procedure law, Chapter
29-62 2001, Government Code; and
29-63 (D) other laws relating to public officials,
29-64 including conflict-of-interest laws; and
29-65 (8) any applicable ethics policies adopted by the
29-66 board or the Texas Ethics Commission.
29-67 (c) A person appointed to the board is entitled to
29-68 reimbursement, as provided by the General Appropriations Act, for
29-69 the travel expenses incurred in attending the training program
30-1 regardless of whether the attendance at the program occurs before
30-2 or after the person qualifies for office.
30-3 Sec. 2E. INFORMATION ABOUT STANDARDS OF CONDUCT. The
30-4 commissioner of public health or the commissioner's designee shall
30-5 provide to members of the board, as often as necessary, information
30-6 regarding the requirements for office under this Act, including
30-7 information regarding a person's responsibilities under applicable
30-8 laws relating to standards of conduct for state officers.
30-9 Sec. 2F. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.
30-10 The board shall develop and implement policies that clearly
30-11 separate the policymaking responsibilities of the board and the
30-12 management responsibilities of the commissioner of public health
30-13 and the staff of the Texas Department of Health.
30-14 SECTION 13.03. Section 3, Chapter 498, Acts of the 62nd
30-15 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
30-16 Civil Statutes), is amended by amending Subsection (a) and adding
30-17 Subsection (d) to read as follows:
30-18 (a) The governor shall designate a member of the board as
30-19 the chairman of the board to serve in that capacity at the will of
30-20 the governor. The board shall elect from its members for a term of
30-21 one year[,] a [chairman,] vice chairman[,] and secretary-treasurer,
30-22 and may appoint such committees as it considers necessary to carry
30-23 out its duties.
30-24 (d) The board shall develop and implement policies that
30-25 provide the public with a reasonable opportunity to appear before
30-26 the board and to speak on any issue under the jurisdiction of the
30-27 board.
30-28 SECTION 13.04. Chapter 498, Acts of the 62nd Legislature,
30-29 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
30-30 Statutes), is amended by adding Section 4A to read as follows:
30-31 Sec. 4A. COMPLAINTS. (a) The board shall maintain a file
30-32 on each written complaint filed with the board. The file must
30-33 include:
30-34 (1) the name of the person who filed the complaint;
30-35 (2) the date the complaint is received by the board;
30-36 (3) the subject matter of the complaint;
30-37 (4) the name of each person contacted in relation to
30-38 the complaint;
30-39 (5) a summary of the results of the review or
30-40 investigation of the complaint; and
30-41 (6) an explanation of the reason the file was closed,
30-42 if the board closed the file without taking action other than to
30-43 investigate the complaint.
30-44 (b) The board shall provide to the person filing the
30-45 complaint and to each person who is a subject of the complaint a
30-46 copy of the board's policies and procedures relating to complaint
30-47 investigation and resolution.
30-48 (c) The board, at least quarterly until final disposition of
30-49 the complaint, shall notify the person filing the complaint and
30-50 each person who is a subject of the complaint of the status of the
30-51 investigation unless the notice would jeopardize an undercover
30-52 investigation.
30-53 SECTION 13.05. Section 5, Chapter 498, Acts of the 62nd
30-54 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
30-55 Civil Statutes), is amended by amending Subsection (c) and adding
30-56 Subsection (j) to read as follows:
30-57 (c) The board shall [establish guidelines, which may include
30-58 requirements for continuing education, for athletic trainers in the
30-59 state and] prepare and conduct an examination for applicants for a
30-60 license.
30-61 (j) The board shall recognize, prepare, or administer
30-62 continuing education programs for its license holders. A license
30-63 holder must participate in the programs to the extent required by
30-64 the board to keep the person's license.
30-65 SECTION 13.06. Chapter 498, Acts of the 62nd Legislature,
30-66 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
30-67 Statutes), is amended by adding Section 5A to read as follows:
30-68 Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
30-69 (a) The board may not adopt rules restricting advertising or
31-1 competitive bidding by a license holder except to prohibit false,
31-2 misleading, or deceptive practices.
31-3 (b) In its rules to prohibit false, misleading, or deceptive
31-4 practices, the board may not include a rule that:
31-5 (1) restricts the use of any medium for advertising;
31-6 (2) restricts the use of a license holder's personal
31-7 appearance or voice in an advertisement;
31-8 (3) relates to the size or duration of an
31-9 advertisement by the license holder; or
31-10 (4) restricts the license holder's advertisement under
31-11 a trade name.
31-12 SECTION 13.07. Section 11, Chapter 498, Acts of the 62nd
31-13 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
31-14 Civil Statutes), is amended by amending Subsections (b)-(e) to read
31-15 as follows:
31-16 (b) A person who is otherwise eligible to renew a license
31-17 may renew an unexpired license by paying to the board before the
31-18 expiration date of the license the required renewal fee. A person
31-19 whose license has expired may not engage in activities that require
31-20 a license until the license has been renewed.
31-21 (c) If a person's license has been expired for not longer
31-22 than 90 days, the person may renew the license by paying to the
31-23 board a renewal fee that is 1-1/2 times the normally required
31-24 renewal fee [and a fee that is one-half of the examination fee for
31-25 the license].
31-26 (d) If a person's license has been expired for longer than
31-27 90 days but less than one year [two years], the person may renew
31-28 the license by paying to the board [all unpaid renewal fees and] a
31-29 renewal fee that is equal to two times the normally required
31-30 renewal [the examination] fee for the license.
31-31 (e) If a person's license has been expired for one year [two
31-32 years] or longer, the person may not renew the license. The person
31-33 may obtain a new license by submitting to reexamination and
31-34 complying with the requirements and procedures for obtaining an
31-35 original license. However, the board may renew without
31-36 reexamination an expired license of a person who was licensed in
31-37 Texas, moved to another state, and is currently licensed and has
31-38 been in practice in the other state for the two years preceding the
31-39 date of application. The person must pay to the board a fee that
31-40 is equal to two times the normally required renewal [the
31-41 examination] fee for the license.
31-42 SECTION 13.08. Section 12, Chapter 498, Acts of the 62nd
31-43 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
31-44 Civil Statutes), is amended to read as follows:
31-45 Sec. 12. GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
31-46 LICENSE. (a) The board may refuse to issue a license to an
31-47 applicant and shall reprimand a licensee or [may] suspend, [or]
31-48 revoke, or refuse to renew the license of any licensee if he has:
31-49 (1) been convicted of a felony or misdemeanor
31-50 involving moral turpitude, the record of conviction being
31-51 conclusive evidence of conviction; [or]
31-52 (2) secured [secure] the license by fraud or deceit;
31-53 or
31-54 (3) violated or conspired to violate the provisions of
31-55 this Act or rules and regulations issued pursuant to this Act.
31-56 (b) The board may place on probation a person whose license
31-57 is suspended. If a suspension is probated, the board may require
31-58 the person:
31-59 (1) to report regularly to the board on matters that
31-60 are the basis of the probation;
31-61 (2) to limit practice to the areas prescribed by the
31-62 board; or
31-63 (3) to continue or review professional education until
31-64 the person attains a degree of skill satisfactory to the board in
31-65 those areas that are the basis of the probation.
31-66 SECTION 13.09. Chapter 498, Acts of the 62nd Legislature,
31-67 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
31-68 Statutes), is amended by adding Sections 15A and 15B to read as
31-69 follows:
32-1 Sec. 15A. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
32-2 board may impose an administrative penalty on a person licensed
32-3 under this Act who violates this Act or a rule or order adopted
32-4 under this Act. A penalty collected under this section or Section
32-5 15B of this Act shall be deposited in the state treasury in the
32-6 general revenue fund.
32-7 (b) A proceeding to impose the penalty is considered to be a
32-8 contested case under Chapter 2001, Government Code.
32-9 (c) The amount of the penalty may not exceed $500 for each
32-10 violation, and each day a violation continues or occurs is a
32-11 separate violation for purposes of imposing a penalty. The total
32-12 amount of the penalty assessed for a violation continuing or
32-13 occurring on separate days under this subsection may not exceed
32-14 $2,500.
32-15 (d) The amount shall be based on:
32-16 (1) the seriousness of the violation, including the
32-17 nature, circumstances, extent, and gravity of the violation;
32-18 (2) the threat to health or safety caused by the
32-19 violation;
32-20 (3) the history of previous violations;
32-21 (4) the amount necessary to deter a future violation;
32-22 (5) whether the violator demonstrated good faith,
32-23 including when applicable whether the violator made good faith
32-24 efforts to correct the violation; and
32-25 (6) any other matter that justice may require.
32-26 (e) If the executive secretary determines that a violation
32-27 occurred, the executive secretary shall give written notice of the
32-28 violation by certified mail to the person.
32-29 (f) The notice under Subsection (e) of this section must:
32-30 (1) include a brief summary of the alleged violation;
32-31 (2) state the amount of the recommended penalty; and
32-32 (3) inform the person of the person's right to a
32-33 hearing on the occurrence of the violation, the amount of the
32-34 penalty, or both.
32-35 (g) Within 20 days after the date the person receives the
32-36 notice under Subsection (e) of this section, the person in writing
32-37 may:
32-38 (1) accept the determination and recommended penalty
32-39 of the executive secretary; or
32-40 (2) make a request for a hearing on the occurrence of
32-41 the violation, the amount of the penalty, or both.
32-42 (h) If the person accepts the determination and recommended
32-43 penalty or if the person fails to respond to the notice, the board
32-44 by order shall approve the determination and impose the recommended
32-45 penalty.
32-46 (i) If the person requests a hearing, the board shall refer
32-47 the matter to the State Office of Administrative Hearings, which
32-48 shall promptly set a hearing date and give written notice of the
32-49 time and place of the hearing to the person. An administrative law
32-50 judge of the State Office of Administrative Hearings shall conduct
32-51 the hearing.
32-52 (j) The administrative law judge shall make findings of fact
32-53 and conclusions of law and promptly issue to the board a proposal
32-54 for a decision about the occurrence of the violation and the amount
32-55 of a proposed penalty.
32-56 (k) Based on the findings of fact, conclusions of law, and
32-57 proposal for a decision, the board by order may:
32-58 (1) find that a violation occurred and impose a
32-59 penalty; or
32-60 (2) find that a violation did not occur.
32-61 (l) The notice of the board's order under Subsection (k) of
32-62 this section that is sent to the person in accordance with Chapter
32-63 2001, Government Code, must include a statement of the right of the
32-64 person to judicial review of the order.
32-65 Sec. 15B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
32-66 JUDICIAL REVIEW. (a) Within 30 days after the date an order of
32-67 the board under Subsection (k) of Section 15A of this Act that
32-68 imposes an administrative penalty becomes final, the person shall:
32-69 (1) pay the penalty; or
33-1 (2) file a petition for judicial review of the board's
33-2 order contesting the occurrence of the violation, the amount of the
33-3 penalty, or both.
33-4 (b) Within the 30-day period prescribed by Subsection (a) of
33-5 this section, a person who files a petition for judicial review
33-6 may:
33-7 (1) stay enforcement of the penalty by:
33-8 (A) paying the penalty to the court for
33-9 placement in an escrow account; or
33-10 (B) giving the court a supersedeas bond approved
33-11 by the court that:
33-12 (i) is for the amount of the penalty; and
33-13 (ii) is effective until all judicial
33-14 review of the board's order is final; or
33-15 (2) request the court to stay enforcement of the
33-16 penalty by:
33-17 (A) filing with the court a sworn affidavit of
33-18 the person stating that the person is financially unable to pay the
33-19 penalty and is financially unable to give the supersedeas bond; and
33-20 (B) sending a copy of the affidavit to the board
33-21 by certified mail.
33-22 (c) If the board receives a copy of an affidavit under
33-23 Subsection (b)(2) of this section, the board may file with the
33-24 court, within five days after the date the copy is received, a
33-25 contest to the affidavit. The court shall hold a hearing on the
33-26 facts alleged in the affidavit as soon as practicable and shall
33-27 stay the enforcement of the penalty on finding that the alleged
33-28 facts are true. The person who files an affidavit has the burden
33-29 of proving that the person is financially unable to pay the penalty
33-30 or to give a supersedeas bond.
33-31 (d) If the person does not pay the penalty and the
33-32 enforcement of the penalty is not stayed, the penalty may be
33-33 collected. The attorney general may sue to collect the penalty.
33-34 (e) If the court sustains the finding that a violation
33-35 occurred, the court may uphold or reduce the amount of the penalty
33-36 and order the person to pay the full or reduced amount of the
33-37 penalty.
33-38 (f) If the court does not sustain the finding that a
33-39 violation occurred, the court shall order that a penalty is not
33-40 owed.
33-41 (g) If the person paid the penalty and if the amount of the
33-42 penalty is reduced or the penalty is not upheld by the court, the
33-43 court shall order, when the court's judgment becomes final, that
33-44 the appropriate amount plus accrued interest be remitted to the
33-45 person within 30 days after the date that the judgment of the court
33-46 becomes final. The interest accrues at the rate charged on loans
33-47 to depository institutions by the New York Federal Reserve Bank.
33-48 The interest shall be paid for the period beginning on the date the
33-49 penalty is paid and ending on the date the penalty is remitted.
33-50 (h) If the person gave a supersedeas bond and the penalty is
33-51 not upheld by the court, the court shall order, when the court's
33-52 judgment becomes final, the release of the bond. If the person gave
33-53 a supersedeas bond and the amount of the penalty is reduced, the
33-54 court shall order the release of the bond after the person pays the
33-55 reduced amount.
33-56 SECTION 13.10. (a) The changes in law made by this Act in
33-57 the qualifications and the prohibitions applying to members of the
33-58 Advisory Board of Athletic Trainers do not affect the entitlement
33-59 of a member serving on the board immediately before September 1,
33-60 1999, to continue to serve and function as a member of the board
33-61 for the remainder of the member's term. The changes in law apply
33-62 only to a member appointed on or after September 1, 1999. The
33-63 changes in law made by this Act do not prohibit a person who is a
33-64 member of the board immediately before September 1, 1999, from
33-65 being reappointed to the board if the person has the qualifications
33-66 required for a member under Chapter 498, Acts of the 62nd
33-67 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
33-68 Civil Statutes), as amended by this Act.
33-69 (b) On the expiration of the terms of the members of the
34-1 Advisory Board of Athletic Trainers scheduled to expire January 31,
34-2 2001, the governor shall appoint one athletic trainer member and
34-3 one public member to the board for terms expiring January 31, 2007,
34-4 in accordance with Section 2, Chapter 498, Acts of the 62nd
34-5 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
34-6 Civil Statutes), as amended by this Act. On the expiration of the
34-7 terms of the members of the board scheduled to expire January 31,
34-8 2003, the governor shall appoint one athletic trainer member and
34-9 one public member to the board for terms expiring January 31, 2009,
34-10 in accordance with Section 2, Chapter 498, Acts of the 62nd
34-11 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
34-12 Civil Statutes), as amended by this Act. If a vacancy occurs in a
34-13 position scheduled to expire January 31, 2001, the governor shall
34-14 appoint a public member to serve the remainder of the term if an
34-15 athletic trainer member remains in the other position scheduled to
34-16 expire on that date. If a vacancy occurs in a position scheduled
34-17 to expire January 31, 2003, the governor shall appoint a public
34-18 member to serve the remainder of the term if an athletic trainer
34-19 member remains in the other position scheduled to expire on that
34-20 date.
34-21 SECTION 13.11. The change in law made by this Act to
34-22 Subsections (d) and (e), Section 11, Chapter 498, Acts of the 62nd
34-23 Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
34-24 Civil Statutes), applies only to the renewal of an expired license
34-25 on or after September 1, 2000. An expired license may be renewed
34-26 before that date in accordance with Subsections (d) and (e) of
34-27 Section 11 as they existed immediately before the effective date of
34-28 this Act, and the prior law is continued in effect for this limited
34-29 purpose.
34-30 ARTICLE 14. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
34-31 REGULATION OF RESPIRATORY CARE PRACTITIONERS
34-32 SECTION 14.01. Chapter 829, Acts of the 69th Legislature,
34-33 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
34-34 Statutes), is amended by adding Sections 3A and 3B to read as
34-35 follows:
34-36 Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
34-37 later than the 30th day after the date a person takes a
34-38 certification examination under this Act, the department shall
34-39 notify the person of the results of the examination.
34-40 (b) If the examination is graded or reviewed by a testing
34-41 service:
34-42 (1) the department shall notify the person of the
34-43 results of the examination not later than the 14th day after the
34-44 date the department receives the results from the testing service;
34-45 and
34-46 (2) if notice of the examination results will be
34-47 delayed for longer than 90 days after the examination date, the
34-48 department shall notify the person of the reason for the delay
34-49 before the 90th day.
34-50 (c) The department may require a testing service to notify a
34-51 person of the results of the person's examination.
34-52 (d) If requested in writing by a person who fails a
34-53 certification examination administered under this Act, the
34-54 department shall furnish the person with an analysis of the
34-55 person's performance on the examination.
34-56 Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
34-57 (a) The board of health may not adopt rules restricting
34-58 advertising or competitive bidding by a temporary permit or
34-59 certificate holder except to prohibit false, misleading, or
34-60 deceptive practices.
34-61 (b) In its rules to prohibit false, misleading, or deceptive
34-62 practices, the board of health may not include a rule that:
34-63 (1) restricts the use of any medium for advertising;
34-64 (2) restricts the use of a temporary permit or
34-65 certificate holder's personal appearance or voice in an
34-66 advertisement;
34-67 (3) relates to the size or duration of an
34-68 advertisement by the temporary permit or certificate holder; or
34-69 (4) restricts the temporary permit or certificate
35-1 holder's advertisement under a trade name.
35-2 SECTION 14.02. Section 7, Chapter 829, Acts of the 69th
35-3 Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
35-4 Civil Statutes), is amended to read as follows:
35-5 Sec. 7. RENEWAL OF CERTIFICATE. (a) Except as otherwise
35-6 provided by this section, a certificate shall be renewed annually
35-7 or biennially as determined by the board of health. The department
35-8 shall mail a notice of renewal not later than the 30th day before
35-9 the expiration of the certificate to each person who holds a valid
35-10 certificate at the person's last known address. The certificate
35-11 holder shall complete the notice of renewal and shall return it to
35-12 the department with the renewal fee on or before the date of
35-13 expiration. A person whose temporary permit or certificate has
35-14 expired may not engage in activities that require a temporary
35-15 permit or certificate until the temporary permit or certificate has
35-16 been renewed.
35-17 (b) On receipt of the completed notice of renewal and
35-18 payment of the renewal fee, the department shall issue to the
35-19 certificate holder a certificate for the current renewal period.
35-20 The renewal is valid for the period stated on the renewal
35-21 certificate. The board of health shall establish uniform
35-22 continuing education requirements for the renewal of the
35-23 certificate of not less than six nor more than 12 continuing
35-24 education hours per renewal period. The board of health may adopt
35-25 rules relating to the attainment of the continuing education
35-26 requirements in hardship situations.
35-27 (c) A person whose certificate has been expired for 90 days
35-28 or less may renew the certificate by paying to the department a
35-29 renewal fee that is equal to 1-1/2 times the normally required
35-30 renewal fee.
35-31 (d) A person whose certificate has been expired for more
35-32 than 90 days but less than one year may renew the certificate by
35-33 paying to the department a renewal fee that is equal to two times
35-34 the normally required renewal fee.
35-35 (e) A person whose certificate has been expired for one year
35-36 or more may not renew the certificate. The person may obtain a new
35-37 certificate by complying with the requirements and procedures,
35-38 including the examination requirements, for obtaining an original
35-39 certificate.
35-40 (f) A person who was certified in this state, moved to
35-41 another state, and is currently certified and has been in practice
35-42 in the other state for the two years preceding the date of
35-43 application may obtain a new certificate without reexamination.
35-44 The person must pay to the department a fee that is equal to two
35-45 times the normally required renewal fee for the certificate.
35-46 (g) [A certificate holder who fails to renew the certificate
35-47 on or before the expiration date may reinstate the certificate
35-48 within the time set by the board of health on payment of the
35-49 renewal fee and a reinstatement fee.]
35-50 [(d)] A respiratory care practitioner who does not engage in
35-51 the practice of respiratory care during a subsequent renewal period
35-52 and who notifies the department of the inactivity is not required
35-53 to pay the renewal fee as long as that practitioner remains
35-54 inactive. If the practitioner desires to resume the practice of
35-55 respiratory care, the practitioner must notify the department and
35-56 must satisfy the requirements of the board of health in addition to
35-57 remitting the renewal fee for the current renewal period and the
35-58 reinstatement fee.
35-59 SECTION 14.03. Chapter 829, Acts of the 69th Legislature,
35-60 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
35-61 Statutes), is amended by adding Section 7A to read as follows:
35-62 Sec. 7A. STAGGERED RENEWAL DATES. The board of health by
35-63 rule may adopt a system under which certificates expire on various
35-64 dates during the year. For the year in which the certificate
35-65 expiration date is changed, the department shall prorate
35-66 certificate fees on a monthly basis so that each certificate holder
35-67 pays only that portion of the certificate fee that is allocable to
35-68 the number of months during which the certificate is valid. On
35-69 renewal of the certificate on the new expiration date, the total
36-1 certificate renewal fee is payable.
36-2 ARTICLE 15. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
36-3 REGISTRATION OF DISPENSING OPTICIANS
36-4 SECTION 15.01. Subsection (b), Section 5, Opticians'
36-5 Registry Act (Article 4551-1, Vernon's Texas Civil Statutes), is
36-6 amended to read as follows:
36-7 (b) The board may not adopt substantive rules relating to
36-8 this Act other than substantive rules described by Subsection (a)
36-9 of this section, Subsection (b) of Section 9 of this Act, and
36-10 Section 5A of this Act.
36-11 SECTION 15.02. The Opticians' Registry Act (Article 4551-1,
36-12 Vernon's Texas Civil Statutes) is amended by adding Section 5A to
36-13 read as follows:
36-14 Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
36-15 (a) The board may not adopt rules restricting advertising or
36-16 competitive bidding by a registrant except to prohibit false,
36-17 misleading, or deceptive practices.
36-18 (b) In its rules to prohibit false, misleading, or deceptive
36-19 practices, the board may not include a rule that:
36-20 (1) restricts the use of any medium for advertising;
36-21 (2) restricts the use of a registrant's personal
36-22 appearance or voice in an advertisement;
36-23 (3) relates to the size or duration of an
36-24 advertisement by the registrant; or
36-25 (4) restricts the registrant's advertisement under a
36-26 trade name.
36-27 SECTION 15.03. Section 7, Opticians' Registry Act (Article
36-28 4551-1, Vernon's Texas Civil Statutes), is amended by adding
36-29 Subsections (c)-(f) to read as follows:
36-30 (c) Not later than the 30th day after the date a person
36-31 takes a qualifying examination under this Act, the department
36-32 shall notify the person of the results of the examination.
36-33 (d) If the examination is graded or reviewed by a testing
36-34 service:
36-35 (1) the department shall notify the person of the
36-36 results of the examination not later than the 14th day after the
36-37 date the department receives the results from the testing service;
36-38 and
36-39 (2) if notice of the examination results will be
36-40 delayed for longer than 90 days after the examination date, the
36-41 department shall notify the person of the reason for the delay
36-42 before the 90th day.
36-43 (e) The department may require a testing service to notify a
36-44 person of the results of the person's examination.
36-45 (f) If requested in writing by a person who fails a
36-46 qualifying examination administered under this Act, the department
36-47 shall furnish the person with an analysis of the person's
36-48 performance on the examination.
36-49 SECTION 15.04. Section 9, Opticians' Registry Act (Article
36-50 4551-1, Vernon's Texas Civil Statutes), is amended to read as
36-51 follows:
36-52 Sec. 9. RENEWAL OF REGISTRATION. (a) A certificate of
36-53 registration issued under this Act is valid for one year from the
36-54 date of issuance. To renew the registration, the registrant must
36-55 submit an application for renewal in the manner prescribed by the
36-56 board.
36-57 (b) The application must be accompanied by [a renewal fee
36-58 and] evidence that the applicant has successfully completed the
36-59 continuing education courses required by board rule. The board
36-60 shall recognize, prepare, or administer continuing education
36-61 programs for its registrants. A registrant must participate in the
36-62 programs to the extent required by the board to keep the person's
36-63 certificate of registration. The board may not require more than
36-64 10 classroom hours of continuing education courses per year.
36-65 (c) [(b)] The department shall adopt a system under which
36-66 registrations expire and are renewed on various dates of the year.
36-67 (d) A person who is otherwise eligible to renew a
36-68 certificate of registration may renew an unexpired certificate by
36-69 paying the required renewal fee to the department before the
37-1 expiration date of the certificate. A person whose certificate of
37-2 registration has expired may not make a representation for which a
37-3 certificate of registration is required under Section 4 of this Act
37-4 until the certificate has been renewed.
37-5 (e) A person whose certificate of registration has been
37-6 expired for 90 days or less may renew the certificate by paying to
37-7 the department a renewal fee that is equal to 1-1/2 times the
37-8 normally required renewal fee.
37-9 (f) A person whose certificate of registration has been
37-10 expired for more than 90 days but less than one year may renew the
37-11 certificate by paying to the department a renewal fee that is equal
37-12 to two times the normally required renewal fee.
37-13 (g) A person whose certificate of registration has been
37-14 expired for one year or more may not renew the certificate. The
37-15 person may obtain a new certificate of registration by complying
37-16 with the requirements and procedures, including the examination
37-17 requirements, for an original certificate.
37-18 (h) A person who was registered in this state, moved to
37-19 another state, and is currently licensed or registered and has been
37-20 in practice in the other state for the two years preceding the date
37-21 of application may obtain a new certificate of registration without
37-22 reexamination. The person must pay to the department a fee that is
37-23 equal to two times the normally required renewal fee for the
37-24 certificate.
37-25 (i) Not later than the 30th day before the date a person's
37-26 certificate of registration is scheduled to expire, the department
37-27 shall send written notice of the impending expiration to the person
37-28 at the person's last known address according to the records of the
37-29 department.
37-30 [(c) A person registered under this Act who does not renew
37-31 the registration by the expiration date may renew the registration
37-32 not later than the 180th day after the expiration date by paying a
37-33 late registration fee as prescribed by the board.]
37-34 [(d) The registration of a person who fails to meet the
37-35 renewal requirements under this section is void until the person
37-36 submits a new application, pays the appropriate fees, and meets the
37-37 current requirements for registration.]
37-38 SECTION 15.05. Section 12, Opticians' Registry Act (Article
37-39 4551-1, Vernon's Texas Civil Statutes), is amended to read as
37-40 follows:
37-41 Sec. 12. DENIAL, SUSPENSION, REVOCATION, AND PROBATION. (a)
37-42 The department shall [may] refuse to issue a certificate of
37-43 registration to an applicant, suspend or revoke a certificate of
37-44 registration, or reprimand [place on probation] an individual who
37-45 is registered under this Act if the individual:
37-46 (1) obtains a certificate by means of fraud,
37-47 misrepresentation, or concealment of material facts;
37-48 (2) sells, barters, or offers to sell or barter a
37-49 certificate of registration;
37-50 (3) violates a lawful rule adopted by the board;
37-51 (4) violates Section 4 of this Act; or
37-52 (5) practices medicine or optometry without a license.
37-53 (b) The board may place on probation a person whose
37-54 registration is suspended. If the suspension is probated, the
37-55 board may require the person:
37-56 (1) to report regularly to the department on matters
37-57 that are the basis of the probation;
37-58 (2) to limit practice to the areas prescribed by the
37-59 board; or
37-60 (3) to continue or review professional education until
37-61 the person attains a degree of skill satisfactory to the board in
37-62 those areas that are the basis of the probation.
37-63 (c) A person whose application of registration is denied,
37-64 whose registration is suspended[,] or revoked, or who is
37-65 reprimanded is entitled to a hearing before the department if the
37-66 person submits a written request for a hearing to the department.
37-67 A hearing is governed by department rules for a contested hearing
37-68 and by Chapter 2001, Government Code [the Administrative Procedure
37-69 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
38-1 Statutes)].
38-2 ARTICLE 16. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
38-3 REGULATION OF MEDICAL RADIOLOGICAL TECHNOLOGISTS
38-4 SECTION 16.01. Section 2.05(d), Medical Radiologic
38-5 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
38-6 Statutes), is amended to read as follows:
38-7 (d) The Texas Board of Health:
38-8 (1) may establish guidelines;
38-9 (2) shall prepare, recognize, or administer [, which
38-10 may include requirements for] continuing education programs for
38-11 medical radiologic technologists in which a medical radiologic
38-12 technologist must participate, to the extent required by the board,
38-13 to keep the person's certificate;[,] and
38-14 (3) [the Texas Board of Health] may prepare and
38-15 conduct an examination for applicants for a certificate.
38-16 SECTION 16.02. The Medical Radiologic Technologist
38-17 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
38-18 amended by adding Section 2.055 to read as follows:
38-19 Sec. 2.055. RULES REGARDING ADVERTISING OR COMPETITIVE
38-20 BIDDING. (a) The Texas Board of Health may not adopt rules
38-21 restricting advertising or competitive bidding by a medical
38-22 radiologic technologist except to prohibit false, misleading, or
38-23 deceptive practices.
38-24 (b) In its rules to prohibit false, misleading, or deceptive
38-25 practices, the board may not include a rule that:
38-26 (1) restricts the use of any medium for advertising;
38-27 (2) restricts the use of a medical radiologic
38-28 technologist's personal appearance or voice in an advertisement;
38-29 (3) relates to the size or duration of an
38-30 advertisement by the medical radiologic technologist; or
38-31 (4) restricts the medical radiologic technologist's
38-32 advertisement under a trade name.
38-33 SECTION 16.03. The Medical Radiologic Technologist
38-34 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
38-35 amended by adding Section 2.075 to read as follows:
38-36 Sec. 2.075. PROVISIONAL CERTIFICATES. (a) The Texas Board
38-37 of Health may issue a provisional certificate to an applicant
38-38 currently licensed or certified in another jurisdiction who seeks
38-39 certification in this state and who:
38-40 (1) has been licensed or certified in good standing as
38-41 a medical radiologic technologist for at least two years in another
38-42 jurisdiction, including a foreign country, that has licensing or
38-43 certification requirements substantially equivalent to the
38-44 requirements of this Act;
38-45 (2) has passed a national or other examination
38-46 recognized by the board relating to the practice of radiologic
38-47 technology; and
38-48 (3) is sponsored by a medical radiologic technologist
38-49 certified by the board under this Act with whom the provisional
38-50 certificate holder will practice during the time the person holds a
38-51 provisional certificate.
38-52 (b) The board may waive the requirement of Subsection (a)(3)
38-53 for an applicant if the board determines that compliance with that
38-54 subsection would be a hardship to the applicant.
38-55 (c) A provisional certificate is valid until the date the
38-56 board approves or denies the provisional certificate holder's
38-57 application for a certificate. The board shall issue a certificate
38-58 under this Act to the provisional certificate holder if:
38-59 (1) the provisional certificate holder is eligible to
38-60 be certified under Section 2.05(c) of this Act; or
38-61 (2) the provisional certificate holder passes the part
38-62 of the examination under Section 2.05(d) of this Act that relates
38-63 to the applicant's knowledge and understanding of the laws and
38-64 rules relating to the practice of radiologic technology in this
38-65 state and:
38-66 (A) the board verifies that the provisional
38-67 certificate holder meets the academic and experience requirements
38-68 for a certificate under this Act; and
38-69 (B) the provisional certificate holder satisfies
39-1 any other licensing requirements under this Act.
39-2 (d) The board must approve or deny a provisional certificate
39-3 holder's application for a certificate not later than the 180th day
39-4 after the date the provisional certificate is issued. The board
39-5 may extend the 180-day period if the results of an examination have
39-6 not been received by the board before the end of that period.
39-7 (e) The board may establish a fee for provisional
39-8 certificates in an amount reasonable and necessary to cover the
39-9 cost of issuing the certificate.
39-10 SECTION 16.04. Section 2.09, Medical Radiologic Technologist
39-11 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
39-12 is amended by amending Subsection (d) and adding Subsections
39-13 (e)-(j) to read as follows:
39-14 (d) The Texas Board of Health may set fees for examination
39-15 and[,] certificate issuance[, and certificate renewal]. The Texas
39-16 Board of Health shall set the fees in amounts that are reasonable
39-17 to cover the costs of administering this Act without the use of
39-18 additional general revenue funds.
39-19 (e) A person who is otherwise eligible to renew a
39-20 certificate may renew an unexpired certificate by paying the
39-21 required renewal fee to the department before the expiration date
39-22 of the certificate. A person whose certificate has expired may not
39-23 engage in activities that require a certificate until the
39-24 certificate has been renewed.
39-25 (f) A person whose certificate has been expired for 90 days
39-26 or less may renew the certificate by paying to the department a
39-27 renewal fee that is equal to 1-1/2 times the normally required
39-28 renewal fee.
39-29 (g) A person whose certificate has been expired for more
39-30 than 90 days but less than one year may renew the certificate by
39-31 paying to the department a renewal fee that is equal to two times
39-32 the normally required renewal fee.
39-33 (h) A person whose certificate has been expired for one year
39-34 or more may not renew the certificate. The person may obtain a new
39-35 certificate by complying with the requirements and procedures,
39-36 including the examination requirements, for an original
39-37 certificate.
39-38 (i) A person who held a certificate in this state, moved to
39-39 another state, and currently holds a certificate or license and has
39-40 been in practice in the other state for the two years preceding the
39-41 date of application may obtain a new certificate without
39-42 reexamination. The person must pay to the department a fee that is
39-43 equal to two times the normally required renewal fee for the
39-44 certificate.
39-45 (j) Not later than the 30th day before the date a person's
39-46 certificate is scheduled to expire, the department shall send
39-47 written notice of the impending expiration to the person at the
39-48 person's last known address according to the records of the
39-49 department.
39-50 SECTION 16.05. The Medical Radiologic Technologist
39-51 Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
39-52 amended by adding Sections 2.091 and 2.092 to read as follows:
39-53 Sec. 2.091. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
39-54 later than the 30th day after the date a person takes an
39-55 examination for a certificate under this Act, the department shall
39-56 notify the person of the results of the examination.
39-57 (b) If the examination is graded or reviewed by a testing
39-58 service:
39-59 (1) the department shall notify the person of the
39-60 results of the examination not later than the 14th day after the
39-61 date the department receives the results from the testing service;
39-62 and
39-63 (2) if notice of the examination results will be
39-64 delayed for longer than 90 days after the examination date, the
39-65 department shall notify the person of the reason for the delay
39-66 before the 90th day.
39-67 (c) The department may require a testing service to notify a
39-68 person of the results of the person's examination.
39-69 (d) If requested in writing by a person who fails an
40-1 examination for a certificate administered under this Act, the
40-2 department shall furnish the person with an analysis of the
40-3 person's performance on the examination.
40-4 Sec. 2.092. STAGGERED RENEWAL DATES. The Texas Board of
40-5 Health by rule may adopt a system under which certificates expire
40-6 on various dates during the year. For the year in which the
40-7 certificate expiration date is changed, the department shall
40-8 prorate certificate fees on a monthly basis so that each
40-9 certificate holder pays only that portion of the certificate fee
40-10 that is allocable to the number of months during which the
40-11 certificate is valid. On renewal of the certificate on the new
40-12 expiration date, the total certificate renewal fee is payable.
40-13 ARTICLE 17. ADMINISTRATIVE PENALTY AND STANDARD SUNSET REVIEW
40-14 PROVISIONS APPLICABLE TO THE TEXAS BOARD OF LICENSURE FOR
40-15 PROFESSIONAL MEDICAL PHYSICISTS
40-16 SECTION 17.01. Section 5(d), Texas Medical Physics Practice
40-17 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
40-18 read as follows:
40-19 (d) Appointments to the board shall be made without regard
40-20 to the race, color, disability, creed, sex, religion, age, or
40-21 national origin of the appointee.
40-22 SECTION 17.02. Section 7(d), Texas Medical Physics Practice
40-23 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
40-24 read as follows:
40-25 (d) A [The] public member of the board must be a resident of
40-26 this state for four years preceding appointment. A person may not
40-27 be a public member of the board if the person or the person's
40-28 spouse:
40-29 (1) is registered, certified, or licensed by a
40-30 regulatory agency in the field of medical physics;
40-31 (2) is employed by or participates in the management
40-32 of a business entity or other organization regulated by or
40-33 receiving money from the board;
40-34 (3) owns or controls, directly or indirectly, more
40-35 than a 10 percent interest in a business entity or other
40-36 organization regulated by or receiving money from the board; or
40-37 (4) uses or receives a substantial amount of tangible
40-38 goods, services, or money from the board other than compensation or
40-39 reimbursement authorized by law for board membership, attendance,
40-40 or expenses [and may not have a financial interest in any endeavor
40-41 related to the practice of medical physics].
40-42 SECTION 17.03. The Texas Medical Physics Practice Act
40-43 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
40-44 Sections 7A and 7B to read as follows:
40-45 Sec. 7A. CONFLICT OF INTEREST. (a) In this section, "Texas
40-46 trade association" means a cooperative and voluntarily joined
40-47 association of business or professional competitors in this state
40-48 designed to assist its members and its industry or profession in
40-49 dealing with mutual business or professional problems and in
40-50 promoting their common interest.
40-51 (b) A person may not be a member of the board if:
40-52 (1) the person is an officer, employee, or paid
40-53 consultant of a Texas trade association in the field of medicine;
40-54 or
40-55 (2) the person's spouse is an officer, manager, or
40-56 paid consultant of a Texas trade association in the field of
40-57 medicine.
40-58 (c) A person may not be a member of the board if the person
40-59 is required to register as a lobbyist under Chapter 305, Government
40-60 Code, because of the person's activities for compensation on behalf
40-61 of a profession related to the operation of the board.
40-62 Sec. 7B. TRAINING. (a) A person who is appointed to and
40-63 qualifies for office as a member of the board may not vote,
40-64 deliberate, or be counted as a member in attendance at a meeting of
40-65 the board until the person completes a training program that
40-66 complies with this section.
40-67 (b) The training program must provide the person with
40-68 information regarding:
40-69 (1) the legislation that created the board;
41-1 (2) the programs operated by the board;
41-2 (3) the role and functions of the board;
41-3 (4) the rules of the board, with an emphasis on the
41-4 rules that relate to disciplinary and investigatory authority;
41-5 (5) the current budget for the board;
41-6 (6) the results of the most recent formal audit of the
41-7 board;
41-8 (7) the requirements of:
41-9 (A) the open meetings law, Chapter 551,
41-10 Government Code;
41-11 (B) the public information law, Chapter 552,
41-12 Government Code;
41-13 (C) the administrative procedure law, Chapter
41-14 2001, Government Code; and
41-15 (D) other laws relating to public officials,
41-16 including conflict-of-interest laws; and
41-17 (8) any applicable ethics policies adopted by the
41-18 board or the Texas Ethics Commission.
41-19 (c) A person appointed to the board is entitled to
41-20 reimbursement, as provided by the General Appropriations Act, for
41-21 the travel expenses incurred in attending the training program
41-22 regardless of whether the attendance at the program occurs before
41-23 or after the person qualifies for office.
41-24 SECTION 17.04. Section 8, Texas Medical Physics Practice Act
41-25 (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
41-26 as follows:
41-27 Sec. 8. REMOVAL FROM OFFICE. (a) It is a ground for
41-28 removal from the board if a member:
41-29 (1) does not have at the time of appointment the
41-30 qualifications required by Section 7 of this Act for appointment to
41-31 the board;
41-32 (2) does not maintain during service on the board the
41-33 qualifications required by Section 7 of this Act for appointment to
41-34 the board;
41-35 (3) is ineligible for membership under Subsection (d)
41-36 of Section 7 of this Act or Section 7A of this Act;
41-37 (4) cannot, because of illness or disability,
41-38 discharge the member's duties for a substantial part of the
41-39 member's term; or
41-40 (5) [(3)] fails to attend at least half of the
41-41 regularly scheduled board meetings held in a calendar year,
41-42 excluding meetings held while the person was not a board member,
41-43 without an excuse approved by a majority of the board.
41-44 (b) If a ground for removal of a member of the board exists,
41-45 the board's actions during the existence of the ground for removal
41-46 are not invalid for that reason.
41-47 (c) If the commissioner of public health has knowledge that
41-48 a potential ground for removal exists, the commissioner shall
41-49 notify the presiding officer of the board of the potential ground.
41-50 The presiding officer shall then notify the governor and the
41-51 attorney general that a potential ground for removal exists. If
41-52 the potential ground for removal involves the presiding officer,
41-53 the commissioner shall notify the next highest ranking officer of
41-54 the board, who shall then notify the governor and the attorney
41-55 general that a potential ground for removal exists.
41-56 SECTION 17.05. Section 10, Texas Medical Physics Practice
41-57 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
41-58 amending Subsection (a) and adding Subsection (c) to read as
41-59 follows:
41-60 (a) The governor shall designate a member of the board as
41-61 the presiding officer of the board to serve in that capacity at the
41-62 will of the governor. At the first regularly scheduled meeting of
41-63 each calendar year, the board shall elect from among its members [a
41-64 presiding officer and] an assistant presiding officer.
41-65 (c) The board shall develop and implement policies that
41-66 provide the public with a reasonable opportunity to appear before
41-67 the board and to speak on any issue under the jurisdiction of the
41-68 board.
41-69 SECTION 17.06. Section 11, Texas Medical Physics Practice
42-1 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
42-2 read as follows:
42-3 Sec. 11. BOARD RESPONSIBILITIES. (a) The board shall:
42-4 (1) adopt and revise, with the approval of the
42-5 department, rules that are reasonably necessary for the proper
42-6 performance of its duties under this Act;
42-7 (2) determine the qualifications and fitness of
42-8 applicants for licenses, renewal of licenses, and reciprocal
42-9 licenses;
42-10 (3) charge a fee for the processing and issuance or
42-11 renewal of a license under this Act in an amount necessary to cover
42-12 costs incurred by the board in administering this Act;
42-13 (4) adopt and publish a code of ethics;
42-14 (5) adopt an official seal;
42-15 (6) conduct examinations for licensure under this Act;
42-16 (7) issue, deny, renew, revoke, and suspend licenses
42-17 under this Act;
42-18 (8) conduct hearings on complaints concerning
42-19 violations of this Act or rules adopted under this Act;
42-20 (9) prosecute or file suit to enjoin a violation of
42-21 this Act or a rule adopted under this Act; and
42-22 (10) [maintain a file on each complaint filed with the
42-23 board showing the status and final disposition of the complaint;
42-24 and]
42-25 [(11)] prepare information of consumer interest
42-26 describing the regulatory functions of the board and describing the
42-27 procedures by which complaints are filed with and resolved by the
42-28 board.
42-29 (b) The board shall recognize, [may] prepare, or [and]
42-30 administer [an optional] continuing education programs [program]
42-31 for persons licensed by the board under this Act. A license holder
42-32 must participate in the programs to the extent required by the
42-33 board to keep the person's license.
42-34 (c) The board shall develop and implement policies that
42-35 clearly separate the policymaking responsibilities of the board and
42-36 the management responsibilities of the commissioner of public
42-37 health, the executive secretary, and the staff of the department.
42-38 SECTION 17.07. The Texas Medical Physics Practice Act
42-39 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
42-40 Sections 11A and 11B to read as follows:
42-41 Sec. 11A. COMPLAINTS. (a) The board shall maintain a file
42-42 on each written complaint filed with the board. The file must
42-43 include:
42-44 (1) the name of the person who filed the complaint;
42-45 (2) the date the complaint is received by the board;
42-46 (3) the subject matter of the complaint;
42-47 (4) the name of each person contacted in relation to
42-48 the complaint;
42-49 (5) a summary of the results of the review or
42-50 investigation of the complaint; and
42-51 (6) an explanation of the reason the file was closed,
42-52 if the board closed the file without taking action other than to
42-53 investigate the complaint.
42-54 (b) The board shall provide to the person filing the
42-55 complaint and to each person who is a subject of the complaint a
42-56 copy of the board's policies and procedures relating to complaint
42-57 investigation and resolution.
42-58 (c) The board, at least quarterly until final disposition of
42-59 the complaint, shall notify the person filing the complaint and
42-60 each person who is a subject of the complaint of the status of the
42-61 investigation unless the notice would jeopardize an undercover
42-62 investigation.
42-63 Sec. 11B. RULES REGARDING ADVERTISING OR COMPETITIVE
42-64 BIDDING. (a) The board may not adopt rules restricting
42-65 advertising or competitive bidding by a license holder except to
42-66 prohibit false, misleading, or deceptive practices.
42-67 (b) In its rules to prohibit false, misleading, or deceptive
42-68 practices, the board may not include a rule that:
42-69 (1) restricts the use of any medium for advertising;
43-1 (2) restricts the use of a license holder's personal
43-2 appearance or voice in an advertisement;
43-3 (3) relates to the size or duration of an
43-4 advertisement by the license holder; or
43-5 (4) restricts the license holder's advertisement under
43-6 a trade name.
43-7 SECTION 17.08. Section 12, Texas Medical Physics Practice
43-8 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
43-9 adding Subsection (c) to read as follows:
43-10 (c) The commissioner of health or the commissioner's
43-11 designee shall provide to members of the board, as often as
43-12 necessary, information regarding the requirements for office under
43-13 this Act, including information regarding a person's
43-14 responsibilities under applicable laws relating to standards of
43-15 conduct for state officers.
43-16 SECTION 17.09. Section 18, Texas Medical Physics Practice
43-17 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
43-18 read as follows:
43-19 Sec. 18. LICENSING BY ENDORSEMENT OR RECIPROCITY. (a) On
43-20 receipt of an application and fee in accordance with Section 14 of
43-21 this Act, the board may waive any prerequisite for obtaining
43-22 [issue] a license to practice medical physics in this state to a
43-23 person who:
43-24 (1) holds a license to practice medical or
43-25 radiological physics in another state, territory, or jurisdiction
43-26 acceptable to the board that has requirements for the licensing of
43-27 medical or radiological physicists that are substantially the same
43-28 as the requirements of this Act; or
43-29 (2) prior to September 1, 1994:
43-30 (A) is a resident of a state, territory, or
43-31 jurisdiction without a medical physics licensure and/or practice
43-32 act;
43-33 (B) meets all other requirements for licensure
43-34 without examination in accordance with Section 19 of this Act; and
43-35 (C) has demonstrated to the board's satisfaction
43-36 a working knowledge of Texas rules pertaining to the license
43-37 specialty requested.
43-38 (b) The board may waive any prerequisite for obtaining a
43-39 license to practice medical physics in this state for an applicant
43-40 who holds a license issued by another jurisdiction with which this
43-41 state has a reciprocity agreement. The board may make an agreement,
43-42 subject to the approval of the governor, with another state to
43-43 allow for licensing by reciprocity.
43-44 SECTION 17.10. Section 21, Texas Medical Physics Practice
43-45 Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
43-46 read as follows:
43-47 Sec. 21. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE;
43-48 DISCIPLINARY ACTION. (a) The board shall [may] refuse to issue or
43-49 renew a license, suspend or revoke a license, or reprimand the
43-50 license holder[, or place a license holder on probation] for any of
43-51 the following:
43-52 (1) obtaining or renewing a license by means of fraud,
43-53 misrepresentation, or concealment of material facts;
43-54 (2) having once made application for or held a license
43-55 issued by the licensing authority of another state, territory, or
43-56 jurisdiction that was denied, suspended, or revoked by that
43-57 licensing authority;
43-58 (3) engaging in unprofessional conduct that endangered
43-59 or is likely to endanger the health, safety, or welfare of the
43-60 public as defined by board rule;
43-61 (4) violating this Act, a lawful order or rule of the
43-62 board, or the board's code of ethics; or
43-63 (5) being convicted of a felony or of a misdemeanor
43-64 that involved moral turpitude or that directly relates to a
43-65 person's duties and responsibilities as a licensed medical
43-66 physicist.
43-67 (b) The board may place on probation a person whose license
43-68 is suspended. If a license suspension is probated, the board may
43-69 require the person:
44-1 (1) to report regularly to the department on matters
44-2 that are the basis of the probation;
44-3 (2) to limit practice to the areas prescribed by the
44-4 board; or
44-5 (3) to continue or review professional education until
44-6 the person attains a degree of skill satisfactory to the board in
44-7 those areas that are the basis of the probation.
44-8 (c) Chapter 2001, Government Code, [The Administrative
44-9 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
44-10 Civil Statutes)] and board rules for a contested hearing apply to
44-11 proceedings by the board under this section.
44-12 SECTION 17.11. The Texas Medical Physics Practice Act
44-13 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
44-14 Sections 23A and 23B to read as follows:
44-15 Sec. 23A. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
44-16 board may impose an administrative penalty on a person licensed
44-17 under this Act who violates this Act or a rule or order adopted
44-18 under this Act. A penalty collected under this section or Section
44-19 23B of this Act shall be deposited in the state treasury in the
44-20 general revenue fund.
44-21 (b) A proceeding to impose the penalty is considered to be a
44-22 contested case under Chapter 2001, Government Code.
44-23 (c) The amount of the penalty may not exceed $500 for each
44-24 violation, and each day a violation continues or occurs is a
44-25 separate violation for purposes of imposing a penalty. The total
44-26 amount of the penalty assessed for a violation continuing or
44-27 occurring on separate days under this subsection may not exceed
44-28 $2,500.
44-29 (d) The amount shall be based on:
44-30 (1) the seriousness of the violation, including the
44-31 nature, circumstances, extent, and gravity of the violation;
44-32 (2) the threat to health or safety caused by the
44-33 violation;
44-34 (3) the history of previous violations;
44-35 (4) the amount necessary to deter a future violation;
44-36 (5) whether the violator demonstrated good faith,
44-37 including when applicable whether the violator made good faith
44-38 efforts to correct the violation; and
44-39 (6) any other matter that justice may require.
44-40 (e) If the executive secretary determines that a violation
44-41 occurred, the executive secretary shall give written notice of the
44-42 report by certified mail to the person.
44-43 (f) The notice under Subsection (e) of this section must:
44-44 (1) include a brief summary of the alleged violation;
44-45 (2) state the amount of the recommended penalty; and
44-46 (3) inform the person of the person's right to a
44-47 hearing on the occurrence of the violation, the amount of the
44-48 penalty, or both.
44-49 (g) Within 20 days after the date the person receives the
44-50 notice under Subsection (e) of this section, the person in writing
44-51 may:
44-52 (1) accept the determination and recommended penalty
44-53 of the executive secretary; or
44-54 (2) make a request for a hearing on the occurrence of
44-55 the violation, the amount of the penalty, or both.
44-56 (h) If the person accepts the determination and recommended
44-57 penalty or if the person fails to respond to the notice, the board
44-58 by order shall approve the determination and impose the recommended
44-59 penalty.
44-60 (i) If the person requests a hearing, the board shall refer
44-61 the matter to the State Office of Administrative Hearings, which
44-62 shall promptly set a hearing date and give written notice of the
44-63 time and place of the hearing to the person. An administrative law
44-64 judge of the State Office of Administrative Hearings shall conduct
44-65 the hearing.
44-66 (j) The administrative law judge shall make findings of fact
44-67 and conclusions of law and promptly issue to the board a proposal
44-68 for a decision about the occurrence of the violation and the amount
44-69 of a proposed penalty.
45-1 (k) Based on the findings of fact, conclusions of law, and
45-2 proposal for a decision, the board by order may:
45-3 (1) find that a violation occurred and impose a
45-4 penalty; or
45-5 (2) find that a violation did not occur.
45-6 (l) The notice of the board's order under Subsection (k) of
45-7 this section that is sent to the person in accordance with Chapter
45-8 2001, Government Code, must include a statement of the right of the
45-9 person to judicial review of the order.
45-10 Sec. 23B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
45-11 JUDICIAL REVIEW. (a) Within 30 days after the date an order of
45-12 the board under Subsection (k) of Section 23A of this Act that
45-13 imposes an administrative penalty becomes final, the person shall:
45-14 (1) pay the penalty; or
45-15 (2) file a petition for judicial review of the board's
45-16 order contesting the occurrence of the violation, the amount of the
45-17 penalty, or both.
45-18 (b) Within the 30-day period prescribed by Subsection (a) of
45-19 this section, a person who files a petition for judicial review
45-20 may:
45-21 (1) stay enforcement of the penalty by:
45-22 (A) paying the penalty to the court for
45-23 placement in an escrow account; or
45-24 (B) giving the court a supersedeas bond approved
45-25 by the court that:
45-26 (i) is for the amount of the penalty; and
45-27 (ii) is effective until all judicial
45-28 review of the board's order is final; or
45-29 (2) request the court to stay enforcement of the
45-30 penalty by:
45-31 (A) filing with the court a sworn affidavit of
45-32 the person stating that the person is financially unable to pay the
45-33 penalty and is financially unable to give the supersedeas bond; and
45-34 (B) sending a copy of the affidavit to the board
45-35 by certified mail.
45-36 (c) If the board receives a copy of an affidavit under
45-37 Subsection (b)(2) of this section, the board may file with the
45-38 court, within five days after the date the copy is received, a
45-39 contest to the affidavit. The court shall hold a hearing on the
45-40 facts alleged in the affidavit as soon as practicable and shall
45-41 stay the enforcement of the penalty on finding that the alleged
45-42 facts are true. The person who files an affidavit has the burden
45-43 of proving that the person is financially unable to pay the penalty
45-44 or to give a supersedeas bond.
45-45 (d) If the person does not pay the penalty and the
45-46 enforcement of the penalty is not stayed, the penalty may be
45-47 collected. The attorney general may sue to collect the penalty.
45-48 (e) If the court sustains the finding that a violation
45-49 occurred, the court may uphold or reduce the amount of the penalty
45-50 and order the person to pay the full or reduced amount of the
45-51 penalty.
45-52 (f) If the court does not sustain the finding that a
45-53 violation occurred, the court shall order that a penalty is not
45-54 owed.
45-55 (g) If the person paid the penalty and if the amount of the
45-56 penalty is reduced or the penalty is not upheld by the court, the
45-57 court shall order, when the court's judgment becomes final, that
45-58 the appropriate amount plus accrued interest be remitted to the
45-59 person within 30 days after the date that the judgment of the court
45-60 becomes final. The interest accrues at the rate charged on loans to
45-61 depository institutions by the New York Federal Reserve Bank. The
45-62 interest shall be paid for the period beginning on the date the
45-63 penalty is paid and ending on the date the penalty is remitted.
45-64 (h) If the person gave a supersedeas bond and the penalty is
45-65 not upheld by the court, the court shall order, when the court's
45-66 judgment becomes final, the release of the bond. If the person gave
45-67 a supersedeas bond and the amount of the penalty is reduced, the
45-68 court shall order the release of the bond after the person pays the
45-69 reduced amount.
46-1 SECTION 17.12. The Texas Medical Physics Practice Act
46-2 (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
46-3 Section 27 to read as follows:
46-4 Sec. 27. PROVISIONAL LICENSES. (a) The board may issue a
46-5 provisional license to an applicant currently licensed or certified
46-6 in another jurisdiction who seeks a license in this state and who:
46-7 (1) has been licensed or certified in good standing as
46-8 a practitioner of medical or radiologic physics for at least two
46-9 years in another jurisdiction, including a foreign country, that
46-10 has licensing or certification requirements substantially
46-11 equivalent to the requirements of this Act;
46-12 (2) has passed a national or other examination
46-13 recognized by the board relating to the practice of medical or
46-14 radiologic physics; and
46-15 (3) is sponsored by a person licensed by the board
46-16 under this Act with whom the provisional license holder will
46-17 practice during the time the person holds a provisional license.
46-18 (b) The board may waive the requirement of Subsection (a)(3)
46-19 for an applicant if the board determines that compliance with that
46-20 subsection would be a hardship to the applicant.
46-21 (c) A provisional license is valid until the date the board
46-22 approves or denies the provisional license holder's application for
46-23 a license. The board shall issue a license under this Act to the
46-24 provisional license holder if:
46-25 (1) the provisional license holder is eligible to be
46-26 certified under Section 18 of this Act; or
46-27 (2) the provisional license holder passes the part of
46-28 the examination under Section 16 of this Act that relates to the
46-29 applicant's knowledge and understanding of the laws and rules
46-30 relating to the practice of medical physics in this state and:
46-31 (A) the board verifies that the provisional
46-32 license holder meets the academic and experience requirements for a
46-33 license under this Act; and
46-34 (B) the provisional license holder satisfies any
46-35 other licensing requirements under this Act.
46-36 (d) The board must approve or deny a provisional license
46-37 holder's application for a license not later than the 180th day
46-38 after the date the provisional license is issued. The board may
46-39 extend the 180-day period if the results of an examination have not
46-40 been received by the board before the end of that period.
46-41 (e) The board may establish a fee for provisional licenses
46-42 in an amount reasonable and necessary to cover the cost of issuing
46-43 the license.
46-44 SECTION 17.13. Subsection (e), Section 7, Texas Medical
46-45 Physics Practice Act (Article 4512n, Vernon's Texas Civil
46-46 Statutes), is repealed.
46-47 SECTION 17.14. The changes in law made by this Act in the
46-48 prohibitions applying to members of the Texas Board of Licensure
46-49 for Professional Medical Physicists do not affect the entitlement
46-50 of a member serving on the board immediately before September 1,
46-51 1999, to continue to serve and function as a member of the board
46-52 for the remainder of the member's term. The changes in law apply
46-53 only to a member appointed on or after September 1, 1999.
46-54 ARTICLE 18. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO
46-55 THE REGULATION OF MASSAGE THERAPISTS
46-56 SECTION 18.01. Subsection (b), Section 2, Chapter 752, Acts
46-57 of the 69th Legislature, Regular Session, 1985 (Article 4512k,
46-58 Vernon's Texas Civil Statutes), is amended to read as follows:
46-59 (b) An individual who registers as a massage therapist under
46-60 this Act must present evidence satisfactory to the board that the
46-61 person:
46-62 (1) has satisfactorily completed massage therapy
46-63 studies in a 300 hour, supervised course of instruction provided by
46-64 a massage therapy instructor, by a massage school registered by the
46-65 department, by a state approved educational institution, or by any
46-66 combination of instructors or schools, in which 125 hours are
46-67 dedicated to the study of Swedish massage therapy techniques taught
46-68 by a massage therapy instructor, 50 hours to the study of anatomy,
46-69 25 hours to the study of physiology, 15 hours to the study of
47-1 hydrotherapy, 15 hours to the study of business practices and
47-2 professional ethics standards, 20 hours to the study of health and
47-3 hygiene, and 50 hours to an internship program; or
47-4 (2) [is registered as a massage therapist in another
47-5 state or country that has and maintains standards and requirements
47-6 of practice and licensing or registration that substantially
47-7 conform to those of this state, as determined by the department; or]
47-8 [(3)] has practiced massage therapy as a profession
47-9 for not less than five years in another state or country that does
47-10 not have or maintain standards and requirements of practice and
47-11 licensing or registration that substantially conform to those of
47-12 this state, as determined by the department.
47-13 SECTION 18.02. Chapter 752, Acts of the 69th Legislature,
47-14 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
47-15 Statutes), is amended by adding Sections 2C and 2D to read as
47-16 follows:
47-17 Sec. 2C. APPLICANT REGISTERED IN ANOTHER JURISDICTION.
47-18 (a) The board may waive any prerequisite to obtaining a
47-19 certificate of registration for an applicant for registration as a
47-20 massage therapist or massage therapy instructor after reviewing the
47-21 applicant's credentials and determining that the applicant holds a
47-22 license or certificate of registration issued by another
47-23 jurisdiction that has licensing or registration requirements
47-24 substantially equivalent to those of this state.
47-25 (b) The board may waive any prerequisite to obtaining a
47-26 certificate of registration for an applicant for registration as a
47-27 massage therapist or massage therapy instructor who holds a license
47-28 or certificate of registration issued by another jurisdiction with
47-29 which this state has a reciprocity agreement. The board may make
47-30 an agreement, subject to the approval of the governor, with another
47-31 state to allow for registration by reciprocity.
47-32 Sec. 2D. PROVISIONAL REGISTRATION. (a) The board may issue
47-33 a provisional certificate of registration to an applicant for
47-34 registration as a massage therapist or massage therapy instructor
47-35 currently licensed or registered in another jurisdiction who seeks
47-36 a certificate of registration in this state and who:
47-37 (1) has been licensed or registered in good standing
47-38 as a massage therapist or massage therapy instructor, as
47-39 applicable, for at least two years in another jurisdiction,
47-40 including a foreign country, that has licensing or registration
47-41 requirements substantially equivalent to the requirements of this
47-42 Act;
47-43 (2) has passed a national or other examination
47-44 recognized by the board relating to the practice of massage
47-45 therapy; and
47-46 (3) is sponsored by a person registered by the board
47-47 under this Act with whom the provisional registrant will practice
47-48 during the time the person holds a provisional certificate of
47-49 registration.
47-50 (b) The board may waive the requirement of Subsection (a)(3)
47-51 for an applicant if the board determines that compliance with that
47-52 subsection would be a hardship to the applicant.
47-53 (c) A provisional certificate of registration is valid until
47-54 the date the board approves or denies the provisional registrant's
47-55 application for registration. The board shall issue a certificate
47-56 of registration under this Act to the provisional registrant if:
47-57 (1) the provisional registrant is eligible to be
47-58 certified under Section 2C of this Act; or
47-59 (2) the provisional registrant passes the part of the
47-60 examination under Section 7 of this Act that relates to the
47-61 applicant's knowledge and understanding of the laws and rules
47-62 relating to the practice of massage therapy in this state and:
47-63 (A) the board verifies that the provisional
47-64 registrant meets the academic and experience requirements for
47-65 registration under this Act; and
47-66 (B) the provisional registrant satisfies any
47-67 other registration requirements under this Act.
47-68 (d) The board must approve or deny a provisional
47-69 registrant's application for a certificate of registration not
48-1 later than the 180th day after the date the provisional certificate
48-2 of registration is issued. The board may extend the 180-day period
48-3 if the results of an examination have not been received by the
48-4 board before the end of that period.
48-5 (e) The board may establish a fee for provisional
48-6 certificates of registration in an amount reasonable and necessary
48-7 to cover the cost of issuing the certificate of registration.
48-8 SECTION 18.03. Chapter 752, Acts of the 69th Legislature,
48-9 Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
48-10 Statutes), is amended by adding Sections 7E, 7F, and 7G to read as
48-11 follows:
48-12 Sec. 7E. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
48-13 later than the 30th day after the date a person takes a
48-14 registration examination under this Act, the department shall
48-15 notify the person of the results of the examination.
48-16 (b) If the examination is graded or reviewed by a testing
48-17 service:
48-18 (1) the department shall notify the person of the
48-19 results of the examination not later than the 14th day after the
48-20 date the department receives the results from the testing service;
48-21 and
48-22 (2) if notice of the examination results will be
48-23 delayed for longer than 90 days after the examination date, the
48-24 department shall notify the person of the reason for the delay
48-25 before the 90th day.
48-26 (c) The department may require a testing service to notify a
48-27 person of the results of the person's examination.
48-28 (d) If requested in writing by a person who fails a
48-29 registration examination administered under this Act, the
48-30 department shall furnish the person with an analysis of the
48-31 person's performance on the examination.
48-32 Sec. 7F. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING
48-33 BY REGISTRANT. (a) The board may not adopt rules restricting
48-34 advertising or competitive bidding by a registrant except to
48-35 prohibit false, misleading, or deceptive practices.
48-36 (b) In its rules to prohibit false, misleading, or deceptive
48-37 practices, the board may not include a rule that:
48-38 (1) restricts the use of any medium for advertising;
48-39 (2) restricts the use of a registrant's personal
48-40 appearance or voice in an advertisement;
48-41 (3) relates to the size or duration of an
48-42 advertisement by the registrant; or
48-43 (4) restricts the registrant's advertisement under a
48-44 trade name.
48-45 Sec. 7G. CONTINUING EDUCATION. (a) The board shall
48-46 recognize, prepare, or administer continuing education programs for
48-47 its registrants. A registrant must participate in the programs to
48-48 the extent required by the board to keep the person's certificate
48-49 of registration.
48-50 (b) Continuing education programs shall be taught by
48-51 individuals who have demonstrated expertise in the subject being
48-52 presented and who may be, but are not required to be, registered as
48-53 massage therapists under this Act.
48-54 SECTION 18.04. Sections 11 and 12, Chapter 752, Acts of the
48-55 69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
48-56 Texas Civil Statutes), are amended to read as follows:
48-57 Sec. 11. REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR
48-58 REVOCATION. (a) The board [department] may refuse to issue a
48-59 registration certificate to an applicant and shall[, may] suspend,
48-60 [or] revoke, or refuse to renew a registration certificate, or
48-61 shall reprimand a registrant [may place a registered person,
48-62 including a massage school, massage therapy instructor, or massage
48-63 establishment, on probation] for any of the following causes:
48-64 (1) obtaining a certificate by means of fraud,
48-65 misrepresentation, or concealment of material facts;
48-66 (2) selling, bartering, or offering [offer] to sell or
48-67 barter a registration certificate;
48-68 (3) violating any rule adopted by the board;
48-69 (4) engaging in unprofessional conduct that has
49-1 endangered or is likely to endanger the health, welfare, or safety
49-2 of the public as defined by the rules established by the board;
49-3 (5) violating a regulation adopted by a political
49-4 subdivision under Chapter 243, Local Government Code; or
49-5 (6) violating any provisions of this Act.
49-6 (b) The board may place on probation a person, including a
49-7 massage school, massage therapy instructor, or massage
49-8 establishment, whose registration certificate is suspended. If a
49-9 registration suspension is probated, the board may require the
49-10 person:
49-11 (1) to report regularly to the department on matters
49-12 that are the basis of the probation;
49-13 (2) to limit practice to the areas prescribed by the
49-14 board; or
49-15 (3) to continue or review professional education until
49-16 the person attains a degree of skill satisfactory to the board in
49-17 those areas that are the basis of the probation.
49-18 (c) An individual who has been convicted of, entered a plea
49-19 of nolo contendere or guilty to, or received deferred adjudication
49-20 to crimes or offenses involving prostitution or sexual offenses is
49-21 ineligible for registration as a massage therapist, massage therapy
49-22 instructor, massage school, or massage establishment. The
49-23 department shall revoke the registration of a person registered as
49-24 a massage therapist or massage therapy instructor who is convicted
49-25 of, enters a plea of nolo contendere or guilty to, or receives
49-26 deferred adjudication to a crime or offense involving prostitution
49-27 or other sexual offenses, or who the department determines has
49-28 practiced or administered massage therapy at or for a sexually
49-29 oriented business. The department shall revoke the registration of
49-30 a person registered as a massage school or massage establishment if
49-31 the department determines that the school or establishment is a
49-32 sexually oriented business, or that a crime or offense involving
49-33 prostitution or other sexual offenses and resulting in a
49-34 conviction, or to which a plea of nolo contendere or guilty was
49-35 entered or deferred adjudication was received, has occurred on the
49-36 premises of the school or establishment.
49-37 (d) [(c)] A person whose application for registration is
49-38 denied, who has been reprimanded, or whose registration is
49-39 suspended or revoked is entitled to a hearing before the department
49-40 if the person submits a written request to the department.
49-41 Hearings are governed by department rules for a contested hearing
49-42 and by Chapter 2001, Government Code [the Administrative Procedure
49-43 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
49-44 Statutes)].
49-45 (e) [(d)] A person convicted of a violation of this Act is
49-46 ineligible for registration as a massage therapist, massage therapy
49-47 instructor, massage school, or massage establishment for a period
49-48 of five years.
49-49 Sec. 12. RENEWAL OF REGISTRATION. (a) Registration under
49-50 this Act is subject to periodic renewal and expires unless the
49-51 registered person submits an application for renewal accompanied by
49-52 the renewal fee prescribed by the department or by the late fee
49-53 prescribed by this section.
49-54 (b) The department shall adopt a system under which
49-55 registrations expire and are renewed on various dates of the year.
49-56 Initial registration fees shall be prorated so that a registered
49-57 person pays only for that part of the renewal period for which the
49-58 registration is issued until the expiration date of the
49-59 registration.
49-60 (c) A person who is otherwise eligible to renew a
49-61 registration may renew an unexpired registration by paying the
49-62 required renewal fee to the department before the expiration date
49-63 of the registration. A person whose registration has expired may
49-64 not engage in activities that require registration until the
49-65 registration has been renewed.
49-66 (d) A person whose registration has been expired for 90
49-67 days or less may renew the registration by paying to the
49-68 department a renewal fee that is equal to 1-1/2 times the normally
49-69 required renewal fee.
50-1 (e) A person whose registration has been expired for more
50-2 than 90 days but less than one year may renew the registration by
50-3 paying to the department a renewal fee that is equal to two times
50-4 the normally required renewal fee.
50-5 (f) A person whose registration has been expired for one
50-6 year or more may not renew the registration. The person may
50-7 register by complying with the requirements and procedures,
50-8 including the examination requirements, for originally registering.
50-9 (g) A person who was registered in this state, moved to
50-10 another state, and is currently registered or licensed and has been
50-11 in practice in the other state for the two years preceding the date
50-12 of application may register without reexamination. The person must
50-13 pay to the department a fee that is equal to two times the normally
50-14 required renewal fee for registration.
50-15 (h) Not later than the 30th day before the date a person's
50-16 registration is scheduled to expire, the department shall send
50-17 written notice of the impending expiration to the person at the
50-18 person's last known address according to the records of the
50-19 department. [A person registered under this Act who does not renew
50-20 registration by the expiration date may renew the registration not
50-21 later than the first anniversary of the expiration date by meeting
50-22 the requirements set forth in this section and paying a late
50-23 penalty fee.]
50-24 [(d) The registration of a person who fails to meet the
50-25 renewal requirements of this section is void. Such a person must
50-26 submit a new application, pay the appropriate fees, and meet the
50-27 current requirements for registration.]
50-28 ARTICLE 19. STANDARD SUNSET REVIEW PROVISIONS AND CERTAIN OTHER
50-29 PROVISIONS APPLICABLE TO STATE REGULATION INVOLVING EMERGENCY
50-30 MEDICAL SERVICES
50-31 SECTION 19.01. Subchapter A, Chapter 773, Health and Safety
50-32 Code, is amended by adding Section 773.012 to read as follows:
50-33 Sec. 773.012. ADVISORY COUNCIL. (a) The governor shall
50-34 appoint an advisory council to advise the board regarding matters
50-35 related to the responsibilities of the board, commissioner, and
50-36 department under this chapter.
50-37 (b) The advisory council is composed of the following 15
50-38 members appointed by the governor:
50-39 (1) a board-certified emergency physician, appointed
50-40 from a list of names recommended by a statewide professional
50-41 association of emergency physicians;
50-42 (2) a licensed physician who is an emergency medical
50-43 services medical director, appointed from a list of names
50-44 recommended by a statewide professional association of emergency
50-45 medical services medical directors;
50-46 (3) a fire chief for a municipality that provides
50-47 emergency medical services, appointed from a list of names
50-48 recommended by a statewide fire chiefs association;
50-49 (4) an officer or employee of a private provider of
50-50 emergency medical services who is involved with the development of
50-51 a Texas Trauma System, appointed from a list of names recommended
50-52 by a statewide association of private providers of emergency
50-53 medical services;
50-54 (5) a volunteer who provides emergency medical
50-55 services, appointed from a list of names recommended by a statewide
50-56 association of volunteers;
50-57 (6) an educator in the field of emergency medical
50-58 services;
50-59 (7) a member of an emergency medical services air
50-60 medical team or unit, appointed from a list of names recommended by
50-61 a statewide emergency medical services air medical association;
50-62 (8) a representative of a fire department that
50-63 provides emergency medical services, appointed from a list of names
50-64 recommended by a statewide association of firefighters;
50-65 (9) a representative of hospitals who is affiliated
50-66 with a hospital that is a designated trauma facility in an urban
50-67 community, appointed from a list of names recommended by a
50-68 statewide association of hospitals;
50-69 (10) a representative of hospitals, who is affiliated
51-1 with a hospital that is a designated trauma facility in a rural
51-2 community, appointed from a list of names recommended by a
51-3 statewide association of hospitals;
51-4 (11) a representative of a county provider of
51-5 emergency medical services;
51-6 (12) one licensed physician who is a pediatrician with
51-7 trauma or emergency care expertise;
51-8 (13) one trauma surgeon or one registered nurse with
51-9 trauma expertise; and
51-10 (14) two representatives of the general public who are
51-11 not qualified to serve under another subdivision of this
51-12 subsection.
51-13 (c) A person may not be a public member of the advisory
51-14 council if the person or the person's spouse:
51-15 (1) is registered, certified, or licensed by a
51-16 regulatory agency in the field of emergency medical services;
51-17 (2) is employed by or participates in the management
51-18 of a business entity or other organization regulated by or
51-19 receiving money from the department;
51-20 (3) owns or controls, directly or indirectly, more
51-21 than a 10 percent interest in a business entity or other
51-22 organization regulated by or receiving money from the department;
51-23 or
51-24 (4) uses or receives a substantial amount of tangible
51-25 goods, services, or money from the department other than
51-26 reimbursement authorized by law for advisory council membership,
51-27 attendance, or expenses.
51-28 (d) In this subsection, "Texas trade association" means a
51-29 cooperative and voluntarily joined association of business or
51-30 professional competitors in this state designed to assist its
51-31 members and its industry or profession in dealing with mutual
51-32 business or professional problems and in promoting their common
51-33 interest. A person may not be a member of the advisory council if:
51-34 (1) the person is an officer, employee, or paid
51-35 consultant of a Texas trade association in the field of emergency
51-36 medical services; or
51-37 (2) the person's spouse is an officer, manager, or
51-38 paid consultant of a Texas trade association in the field of
51-39 emergency medical services.
51-40 (e) A person may not be a member of the advisory council if
51-41 the person is required to register as a lobbyist under Chapter 305,
51-42 Government Code, because of the person's activities for
51-43 compensation on behalf of a profession related to the operation of
51-44 the department.
51-45 (f) Members of the advisory council serve staggered six-year
51-46 terms with the terms of five members expiring January 1 of each
51-47 even-numbered year. A vacancy on the advisory council is filled in
51-48 the same manner as the original appointment for the unexpired term.
51-49 (g) The governor shall appoint the presiding officer of the
51-50 advisory council.
51-51 (h) A member of the advisory council serves without
51-52 compensation. Chapter 2110, Government Code, does not apply to the
51-53 size, composition, or duration of the advisory council.
51-54 (i) The advisory council shall meet at least quarterly in
51-55 the city of Austin. The advisory council shall meet as provided by
51-56 procedural rules adopted by the advisory council or at the call of
51-57 the presiding officer. The advisory council may appoint committees
51-58 it considers necessary to perform its duties.
51-59 (j) The advisory council periodically shall review board
51-60 rules relating to this chapter and may recommend changes in those
51-61 rules to the board. The board and the commissioner shall ensure
51-62 that the advisory council is given adequate time and opportunity to
51-63 review and comment on each rule proposed for adoption by the board
51-64 under this chapter, including the amendment or repeal of an
51-65 existing rule, but not including an emergency rule.
51-66 SECTION 19.02. Section 773.041, Health and Safety Code, is
51-67 amended by adding Subsections (d) and (e) to read as follows:
51-68 (d) Except as provided under Subsection (e), a person may
51-69 not receive remuneration for transporting a person required to be
52-1 in a recumbent or near fully recumbent position because of the
52-2 person's illness, infirmity, incapacitation or otherwise
52-3 nonambulatory condition, regardless of whether the person is in
52-4 need of emergency medical services during transport, unless the
52-5 person holds a license as an emergency medical services provider
52-6 issued by the department in accordance with this chapter and the
52-7 transport is accomplished in an emergency medical services vehicle.
52-8 (e) The board shall adopt rules necessary for the
52-9 implementation of Subsection (d), including rules specifying those
52-10 circumstances under which a transport is not required to be
52-11 accomplished by a licensed emergency medical services provider or
52-12 in an emergency medical services vehicle because licensed emergency
52-13 medical services vehicles or emergency medical services providers
52-14 are not available in the area where the transport is accomplished
52-15 and specifying minimum health and safety standards that must be met
52-16 in those circumstances.
52-17 SECTION 19.03. Section 773.0495, Health and Safety Code, is
52-18 amended to read as follows:
52-19 Sec. 773.0495. LICENSED PARAMEDIC QUALIFICATIONS. (a) An
52-20 individual qualifies as a licensed paramedic if the department
52-21 determines that the individual is minimally proficient to provide
52-22 advanced life support that includes initiation under medical
52-23 supervision of certain procedures, including intravenous therapy,
52-24 endotracheal or esophageal intubation, electrical cardiac
52-25 defibrillation or cardioversion, and drug therapy.
52-26 (b) In addition to the requirements of Subsection (a), a
52-27 licensed paramedic must:
52-28 (1) have been certified by the department as an
52-29 emergency medical technician-paramedic on or before September 1,
52-30 1999; or
52-31 (2) complete a curriculum that includes college-level
52-32 course work in accordance with rules adopted by the board.
52-33 SECTION 19.04. Section 773.050, Health and Safety Code, is
52-34 amended by amending Subsection (b) and adding Subsection (f) to
52-35 read as follows:
52-36 (b) The board by rule shall establish minimum standards for:
52-37 (1) staffing an advanced life-support emergency
52-38 medical services vehicle, a mobile intensive-care unit, or a
52-39 specialized emergency medical services vehicle;
52-40 (2) emergency medical services personnel certification
52-41 and performance, including provisional certification,
52-42 certification, decertification, recertification, suspension,
52-43 emergency suspension, and probation;
52-44 (3) the approval of courses and training programs, the
52-45 certification of program instructors, examiners, and course
52-46 coordinators for emergency medical services personnel training, and
52-47 the revocation and probation of an approval or certification;
52-48 (4) [continuing education programs and] examinations
52-49 of emergency medical services personnel;
52-50 (5) medical supervision of basic and advanced
52-51 life-support systems;
52-52 (6) granting, suspending, and revoking a license for
52-53 emergency medical services providers; and
52-54 (7) emergency medical services vehicles.
52-55 (f) The board shall recognize, prepare, or administer
52-56 continuing education programs for certified personnel. A
52-57 certificate holder must participate in the programs to the extent
52-58 required by the board to remain certified.
52-59 SECTION 19.05. Subchapter C, Chapter 773, Health and Safety
52-60 Code, is amended by adding Section 773.0505 to read as follows:
52-61 Sec. 773.0505. RULES REGARDING ADVERTISING OR COMPETITIVE
52-62 BIDDING. (a) The board may not adopt rules restricting
52-63 advertising or competitive bidding by a license or certificate
52-64 holder except to prohibit false, misleading, or deceptive
52-65 practices.
52-66 (b) In its rules to prohibit false, misleading, or deceptive
52-67 practices, the board may not include a rule that:
52-68 (1) restricts the use of any medium for advertising;
52-69 (2) restricts the use of a license or certificate
53-1 holder's personal appearance or voice in an advertisement;
53-2 (3) relates to the size or duration of an
53-3 advertisement by the license or certificate holder; or
53-4 (4) restricts the license or certificate holder's
53-5 advertisement under a trade name.
53-6 SECTION 19.06. Section 773.055, Health and Safety Code, is
53-7 amended by adding Subsections (g) and (h) to read as follows:
53-8 (g) The board by rule may adopt a system under which
53-9 certificates expire on various dates during the year. For the year
53-10 in which the certificate expiration date is changed, the department
53-11 shall prorate certificate fees on a monthly basis so that each
53-12 certificate holder pays only that portion of the certificate fee
53-13 that is allocable to the number of months during which the
53-14 certificate is valid. On renewal of the certificate on the new
53-15 expiration date, the total certificate renewal fee is payable.
53-16 (h) The department shall ensure that the written
53-17 examinations and any other tests that the department requires a
53-18 person to take and pass to obtain or retain certification as
53-19 emergency medical services personnel shall be administered during
53-20 the course of a year at various locations around the state so that
53-21 a person who resides in any part of the state will be able to take
53-22 the examinations or tests without having to travel a distance that
53-23 as a practical matter requires either travel by air or an overnight
53-24 stay.
53-25 SECTION 19.07. Section 773.059, Health and Safety Code, is
53-26 amended to read as follows:
53-27 Sec. 773.059. LATE RECERTIFICATION. (a) A person who is
53-28 otherwise eligible to renew a certificate may renew an unexpired
53-29 certificate by paying the required renewal fee to the department
53-30 before the expiration date of the certificate. A person whose
53-31 certificate has expired may not engage in activities that require
53-32 certification until the certificate has been renewed.
53-33 (b) A person whose certificate has been expired for 90 days
53-34 or less may renew the certificate by paying to the department a
53-35 renewal fee that is equal to 1-1/2 times the normally required
53-36 renewal fee.
53-37 (c) A person whose certificate has been expired for more
53-38 than 90 days but less than one year may renew the certificate by
53-39 paying to the department a renewal fee that is equal to two times
53-40 the normally required renewal fee.
53-41 (d) A person whose certificate has been expired for one year
53-42 or more may not renew the certificate. The person may become
53-43 certified by complying with the requirements and procedures,
53-44 including the examination requirements, for an original
53-45 certification.
53-46 (e) A person who was certified in this state, moved to
53-47 another state, and is currently certified or licensed and has been
53-48 in practice in the other state for the two years preceding the date
53-49 of application may become certified without reexamination. The
53-50 person must pay to the department a fee that is equal to two times
53-51 the normally required renewal fee for certification.
53-52 (f) Not later than the 30th day before the date a person's
53-53 certificate is scheduled to expire, the department shall send
53-54 written notice of the impending expiration to the person at the
53-55 person's last known address according to the records of the
53-56 department. [Except as provided by Subsection (b), a person
53-57 applying for recertification whose application is received after
53-58 the expiration date of the person's certificate must pay a late fee
53-59 of $25.]
53-60 (g) [(b)] A person certified by the department who is
53-61 deployed in support of military, security, or other action by the
53-62 United Nations Security Council, a national emergency declared by
53-63 the president of the United States, or a declaration of war by the
53-64 United States Congress is eligible for recertification under
53-65 Section 773.050 on the person's demobilization for one calendar
53-66 year after the date of demobilization.
53-67 SECTION 19.08. Section 773.061, Health and Safety Code, is
53-68 amended to read as follows:
53-69 Sec. 773.061. DISCIPLINARY ACTIONS. (a) For a violation of
54-1 this chapter or a rule adopted under this chapter, the department
54-2 shall revoke, suspend, or refuse to renew a license or certificate
54-3 of or shall reprimand [may]:
54-4 (1) [decertify, suspend, place on emergency
54-5 suspension, or place on probation] emergency medical services
54-6 personnel;
54-7 (2) [revoke or place on probation course or training
54-8 program approval;]
54-9 [(3) revoke, suspend, or place on probation the
54-10 certificate of] a program instructor, examiner, or course
54-11 coordinator; and
54-12 (3) [(4) revoke, suspend, or place on probation] an
54-13 emergency medical services provider license holder.
54-14 (b) For a violation of this chapter or a rule adopted under
54-15 this chapter, the department shall revoke, suspend, or refuse to
54-16 renew approval of a course or training program.
54-17 (c) For a violation of this chapter or a rule adopted under
54-18 this chapter, the department may place on emergency suspension
54-19 emergency medical services personnel.
54-20 (d) The department may place on probation a course or
54-21 training program or a person, including emergency medical services
54-22 personnel, an emergency medical services provider license holder,
54-23 or a program instructor, examiner, or course coordinator, whose
54-24 certificate, license, or approval is suspended. If a suspension is
54-25 probated, the department may require the person or the sponsor of a
54-26 course or training program, as applicable:
54-27 (1) to report regularly to the department on matters
54-28 that are the basis of the probation;
54-29 (2) to limit practice to the areas prescribed by the
54-30 board; or
54-31 (3) to continue or review professional education until
54-32 the person attains a degree of skill satisfactory to the department
54-33 in those areas that are the basis of the probation.
54-34 (e) Except as provided by Section 773.062, the procedures by
54-35 which the department takes action under this section and the
54-36 procedures by which that action is appealed are governed by the
54-37 procedures for a contested case hearing under Chapter 2001,
54-38 Government Code.
54-39 SECTION 19.09. Sections 773.122(a), (c), (d), and (f),
54-40 Health and Safety Code, are amended to read as follows:
54-41 (a) The commissioner, with advice and counsel from the
54-42 chairpersons of the trauma service area regional advisory councils,
54-43 shall use money in the emergency medical services and trauma care
54-44 system fund established under Section 773.121 to fund [county and]
54-45 regional emergency medical services and trauma care systems in
54-46 accordance with this section.
54-47 (c) In any fiscal year the commissioner shall use at least
54-48 70 percent of the appropriated money remaining in the emergency
54-49 medical services and trauma care system fund, after any amount
54-50 necessary to maintain the reserve established by Subsection (b) is
54-51 deducted, to fund, in connection with an effort to provide
54-52 coordination with the appropriate trauma service [support] area,
54-53 the cost of supplies, operational expenses, education and
54-54 training, equipment, vehicles, and communications systems for local
54-55 emergency medical services. The money shall be distributed on
54-56 behalf of eligible recipients in each county to the trauma service
54-57 area regional advisory council for that county, if the regional
54-58 advisory council is incorporated as an entity that is exempt from
54-59 federal income tax under Section 501(a), Internal Revenue Code of
54-60 1986, and its subsequent amendments, by being listed as an exempt
54-61 organization under Section 501(c)(3) of the code. For a county for
54-62 which the regional advisory council is not incorporated as such an
54-63 entity, the money shall be distributed to the county [to counties]
54-64 on behalf of eligible recipients. The [A county's] share of the
54-65 money allocated to the eligible recipients in a county's geographic
54-66 area shall be based on the relative geographic size and population
54-67 of the county and on the relative number of emergency or trauma
54-68 care runs performed by eligible recipients in the county. Money
54-69 that is not disbursed by a regional advisory council or a county
55-1 to eligible recipients for approved functions by the end of the
55-2 fiscal year in which the funds were disbursed [to the county] shall
55-3 be returned to the fund to be used in accordance with Subsection
55-4 (f).
55-5 (d) In any fiscal year, the commissioner may use not more
55-6 than 25 percent of the appropriated money remaining in the
55-7 emergency medical services and trauma care system fund, after any
55-8 amount necessary to maintain the reserve established by Subsection
55-9 (b) is deducted, for operation of the 22 trauma service [support]
55-10 areas and for equipment, communications, and education and training
55-11 for the areas. Money distributed under this subsection shall be
55-12 distributed on behalf of eligible recipients in each county to the
55-13 trauma service area regional advisory council for that county, if
55-14 the regional advisory council is incorporated as an entity that is
55-15 exempt from federal income tax under Section 501(a), Internal
55-16 Revenue Code of 1986, and its subsequent amendments, by being
55-17 listed as an exempt organization under Section 501(c)(3) of the
55-18 code. For a county for which the regional advisory council is not
55-19 incorporated as such an entity, the money shall be distributed to
55-20 the county in which the chairperson of an area's regional advisory
55-21 council sits on behalf of eligible recipients. A regional advisory
55-22 council's share of money distributed under this section shall be
55-23 based on the relative geographic size and population of each trauma
55-24 service [support] area and on the relative amount of trauma care
55-25 provided. Money that is not disbursed by a regional advisory
55-26 council or county to eligible recipients for approved functions by
55-27 the end of the fiscal year in which the funds were disbursed [to
55-28 the county] shall be returned to the fund to be used in accordance
55-29 with Subsection (f).
55-30 (f) In any fiscal year, the commissioner shall use at least
55-31 two percent of the appropriated money remaining in the emergency
55-32 medical services and trauma care system fund after any amount
55-33 necessary to maintain the reserve established by Subsection (b) is
55-34 deducted and the money in the fund not otherwise distributed under
55-35 this section to fund a portion of the uncompensated trauma care
55-36 provided at facilities designated as state trauma facilities by the
55-37 department. A regional advisory council chairperson may petition
55-38 the department for disbursement of funds to a trauma center in the
55-39 chairperson's trauma service [support] area that has suffered
55-40 deleterious effects due to uncompensated trauma care. Funds may be
55-41 disbursed under this subsection based on a proportionate share of
55-42 uncompensated trauma care provided in the state and may be used to
55-43 fund innovative projects to enhance the delivery of patient care in
55-44 the overall emergency medical services and trauma care system.
55-45 SECTION 19.10. Sections 773.123(a) and (b), Health and
55-46 Safety Code, are amended to read as follows:
55-47 (a) Except as provided by Subsection (b), money distributed
55-48 from the emergency medical services and trauma care system fund
55-49 shall be used in accordance with Section 773.122 on the
55-50 authorization of:
55-51 (1) the executive committee of the trauma service area
55-52 regional advisory council, in those regions where the money is
55-53 distributed on behalf of eligible recipients to the regional
55-54 advisory council; and
55-55 (2) the chief executive of the county to which the
55-56 money is disbursed on vouchers issued by the county's treasurer.
55-57 (b) In a county with a population of 291,000 or more for
55-58 which[,] money distributed from the emergency medical services and
55-59 trauma care system fund is not distributed to a trauma service area
55-60 regional advisory council, the money shall be used in accordance
55-61 with Section 773.122 on the joint authorization of the chief
55-62 executive of the county to which the money is disbursed and the
55-63 mayor of the principal municipality in that county on vouchers
55-64 issued by the county's treasurer.
55-65 SECTION 19.11. Section 773.124, Health and Safety Code, is
55-66 amended to read as follows:
55-67 Sec. 773.124. LOSS OF FUNDING ELIGIBILITY. For a period of
55-68 not less than one year or more than three years, as determined by
55-69 the department, the department may not disburse money under Section
56-1 773.122 to a trauma service area regional advisory council, county,
56-2 municipality, or local recipient that the department finds used
56-3 money in violation of that section.
56-4 SECTION 19.12. Chapter 773, Health and Safety Code, is
56-5 amended by adding Subchapter F to read as follows:
56-6 SUBCHAPTER F. MEDICAL INFORMATION PROVIDED BY CERTAIN
56-7 EMERGENCY MEDICAL SERVICES OPERATORS
56-8 Sec. 773.141. DEFINITIONS. In this subchapter:
56-9 (1) "Emergency call" means a telephone call or other
56-10 similar communication from a member of the public, as part of a
56-11 9-1-1 system or otherwise, made to obtain emergency medical
56-12 services.
56-13 (2) "Emergency medical services operator" means a
56-14 person who, as a volunteer or employee of a public agency, as that
56-15 term is defined by Section 771.001, receives emergency calls.
56-16 Sec. 773.142. APPLICATION OF SUBCHAPTER. This subchapter
56-17 does not apply to a physician or other licensed person who may
56-18 provide medical information under law.
56-19 Sec. 773.143. PROVISION OF MEDICAL INFORMATION. An
56-20 emergency medical services operator may provide medical information
56-21 to a member of the public during an emergency call if:
56-22 (1) the operator has successfully completed an
56-23 emergency medical services operator training program and holds a
56-24 certificate issued under Section 773.144; and
56-25 (2) the information provided substantially conforms to
56-26 the protocol for delivery of the information adopted by the board
56-27 under Section 773.145.
56-28 Sec. 773.144. TRAINING PROGRAMS. (a) The department may
56-29 offer emergency medical services operator training programs and may
56-30 approve training programs offered by other persons. The board by
56-31 rule shall establish minimum standards for approval of training
56-32 programs and certification and decertification of program
56-33 instructors.
56-34 (b) The provider of an emergency medical services operator
56-35 training program shall issue an emergency medical services operator
56-36 a certificate evidencing completion of the training program. The
56-37 board by rule may require that, before issuance of the certificate,
56-38 the operator successfully complete an examination administered by
56-39 the board, by the provider of the training program, or by another
56-40 person.
56-41 (c) The board by rule may provide that a certificate issued
56-42 under Subsection (b) expires at the end of a specified period not
56-43 less than one year after the date on which the certificate is
56-44 issued and may adopt requirements, including additional training or
56-45 examination, for renewal of the certificate.
56-46 (d) The board by rule may adopt other requirements relating
56-47 to emergency medical services operator training programs. The
56-48 establishment of minimum standards under this section does not
56-49 prohibit the entity that is employing or accepting the volunteer
56-50 services of the emergency medical services operator from imposing
56-51 additional training standards or procedures.
56-52 Sec. 773.145. MEDICAL INFORMATION. The board by rule shall
56-53 adopt a protocol that must be used to provide medical information
56-54 under Section 773.143. The protocol may include the use of a
56-55 flash-card system or other similar system designed to make the
56-56 information readily accessible to the emergency medical services
56-57 operator in an understandable form.
56-58 Sec. 773.146. LIMITATION ON CIVIL LIABILITY. (a) An
56-59 emergency medical services operator who holds a certificate under
56-60 Section 773.144 is not liable for damages that arise from the
56-61 provision of medical information according to the protocol adopted
56-62 under Section 773.145 if the information is provided in good faith.
56-63 This subsection does not apply to an act or omission of the
56-64 operator that constitutes gross negligence, recklessness, or
56-65 intentional misconduct. This subsection does not affect any
56-66 liability imposed on a public agency for the conduct of the
56-67 emergency medical services operator under Section 101.062, Civil
56-68 Practice and Remedies Code.
56-69 (b) Section 101.062, Civil Practice and Remedies Code,
57-1 governs the liability of a public agency the employees or
57-2 volunteers of which provide medical information under this
57-3 subchapter.
57-4 Sec. 773.147. FEES. (a) The board by rule may adopt fees
57-5 for:
57-6 (1) training programs provided by the board under
57-7 Section 773.144; and
57-8 (2) the approval of program instructors and of
57-9 training programs offered by other persons.
57-10 (b) The fees adopted under this section may not exceed the
57-11 amount necessary for the department to recover the cost of
57-12 administering this subchapter.
57-13 SECTION 19.13. The Texas Board of Health shall abolish any
57-14 advisory body created by rule to perform the functions assigned to
57-15 the advisory council created by Section 773.012, Health and Safety
57-16 Code, as added by this Act.
57-17 SECTION 19.14. The change in law made by this article to
57-18 Sections 773.122, 773.123, and 773.124, Health and Safety Code,
57-19 applies only to distributions made from the emergency medical
57-20 services and trauma care system fund established under Section
57-21 773.121, Health and Safety Code, that are made on or after the
57-22 effective date of this Act. Distributions from the fund that are
57-23 made before that date are governed by the law as it existed
57-24 immediately before that date, and that law is continued in effect
57-25 for that purpose.
57-26 SECTION 19.15. (a) Subchapter F, Chapter 773, Health and
57-27 Safety Code, as added by this article, applies only to the
57-28 provision of medical information by an emergency medical services
57-29 operator, as that term is defined by Section 773.141, Health and
57-30 Safety Code, as added by this article, on or after January 1, 2000.
57-31 The provision of medical information before January 1, 2000, is
57-32 governed by the law as it existed immediately before the effective
57-33 date of this Act, and that law is continued in effect for that
57-34 purpose.
57-35 (b) The Texas Board of Health shall adopt rules necessary
57-36 for the implementation of Subchapter F, Chapter 773, Health and
57-37 Safety Code, as added by this article, not later than December 1,
57-38 1999.
57-39 ARTICLE 20. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
57-40 REGULATION OF CERTAIN ASBESTOS-RELATED ACTIVITIES
57-41 SECTION 20.01. The Texas Asbestos Health Protection Act
57-42 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
57-43 adding Section 5A to read as follows:
57-44 Sec. 5A. PROVISIONAL LICENSE OR REGISTRATION. (a) The
57-45 department may provisionally license or register an applicant
57-46 currently licensed or registered in another jurisdiction who seeks
57-47 a license or registration in this state and who:
57-48 (1) has been licensed or registered in good standing
57-49 to perform the relevant asbestos-related activity for at least two
57-50 years in another jurisdiction, including a foreign country, that
57-51 has licensing or registration requirements substantially equivalent
57-52 to the requirements of this Act;
57-53 (2) has passed a national or other examination
57-54 recognized by the department relating to the relevant
57-55 asbestos-related activity, if the department requires an
57-56 examination under Subsection (h) of Section 10 of this Act to
57-57 obtain the license or registration required to perform that
57-58 activity; and
57-59 (3) is sponsored by a person licensed by the
57-60 department under this Act with whom the provisional license or
57-61 registration holder will practice during the time the person holds
57-62 a provisional license or registration.
57-63 (b) The department may waive the requirement of Subsection
57-64 (a)(3) for an applicant if the department determines that
57-65 compliance with that subsection would be a hardship to the
57-66 applicant.
57-67 (c) A provisional license or registration is valid until the
57-68 date the department approves or denies the provisional license or
57-69 registration holder's application for licensing or registration.
58-1 The department shall issue a license or registration under this Act
58-2 to the provisional license or registration holder if:
58-3 (1) the provisional license or registration holder is
58-4 eligible to be licensed or registered under Subsection (j) of
58-5 Section 12 of this Act; or
58-6 (2) the provisional license or registration holder
58-7 passes the part of the examination under Subsection (h) of Section
58-8 10 of this Act that relates to the applicant's knowledge and
58-9 understanding of the laws and rules relating to the performance of
58-10 the relevant asbestos-related activity in this state, if the
58-11 department requires an examination under Subsection (h) of Section
58-12 10 of this Act to obtain the license or registration required to
58-13 perform that activity, and:
58-14 (A) the department verifies that the provisional
58-15 license or registration holder meets the relevant academic and
58-16 experience requirements for the requested license or registration
58-17 under this Act; and
58-18 (B) the provisional license or registration
58-19 holder satisfies any other applicable licensing or registration
58-20 requirements under this Act.
58-21 (d) The department must approve or deny a provisional
58-22 license or registration holder's application for a license or
58-23 registration not later than the 180th day after the date the
58-24 provisional license or registration is issued. The department may
58-25 extend the 180-day period if the results of an examination have not
58-26 been received by the department before the end of that period.
58-27 (e) The department may establish a fee for a provisional
58-28 license or registration in an amount reasonable and necessary to
58-29 cover the cost of issuing the license or registration.
58-30 SECTION 20.02. Section 6, Texas Asbestos Health Protection
58-31 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
58-32 amending Subsections (a) and (f) and adding Subsections (g)-(k) to
58-33 read as follows:
58-34 (a) A license issued under this Act expires on the first
58-35 anniversary of its effective date, unless the license is renewed
58-36 for a one-year term as provided by this section. The department by
58-37 rule may adopt a system under which licenses expire on various
58-38 dates during the year. For the year in which the license
58-39 expiration date is changed, the department shall prorate license
58-40 fees on a monthly basis so that each license holder pays only that
58-41 portion of the license fee that is allocable to the number of
58-42 months during which the license is valid. On renewal of the license
58-43 on the new expiration date, the total license renewal fee is
58-44 payable.
58-45 (f) A licensee may request a replacement license certificate
58-46 on completion of an appropriate application. [The fee for
58-47 reissuance shall not exceed $50.]
58-48 (g) A person whose license has expired may not engage in
58-49 activities that require a license until the license has been
58-50 renewed.
58-51 (h) A person whose license has been expired for 90 days or
58-52 less may renew the license by paying to the department a renewal
58-53 fee that is equal to 1-1/2 times the normally required renewal fee.
58-54 (i) A person whose license has been expired for more than 90
58-55 days but less than one year may renew the license by paying to the
58-56 department a renewal fee that is equal to two times the normally
58-57 required renewal fee.
58-58 (j) A person whose license has been expired for one year or
58-59 more may not renew the license. The person may obtain a new
58-60 license by complying with the requirements and procedures,
58-61 including the examination requirements, for obtaining an original
58-62 license.
58-63 (k) A person who was licensed in this state, moved to
58-64 another state, and is currently licensed and has been in practice
58-65 in the other state for the two years preceding the date of
58-66 application may obtain a new license without reexamination. The
58-67 person must pay to the department a fee that is equal to two times
58-68 the normally required renewal fee for the license.
58-69 SECTION 20.03. Section 8, Texas Asbestos Health Protection
59-1 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
59-2 amending Subsection (a) and adding Subsection (g) to read as
59-3 follows:
59-4 (a) After notice to the licensee and an opportunity for a
59-5 hearing, the department shall [may] reprimand the licensee or
59-6 modify, suspend, suspend on an emergency basis, or revoke a license
59-7 under this Act if an act or omission of the licensee meets the
59-8 criteria prescribed by the board under Subsection (c) of this
59-9 section.
59-10 (g) The department may place on probation a person whose
59-11 license is suspended. If a suspension is probated, the department
59-12 may require the person:
59-13 (1) to report regularly to the department on matters
59-14 that are the basis of the probation;
59-15 (2) to limit practice to the areas prescribed by the
59-16 board; or
59-17 (3) to continue or review professional education until
59-18 the person attains a degree of skill satisfactory to the board in
59-19 those areas that are the basis of the probation.
59-20 SECTION 20.04. Section 9, Texas Asbestos Health Protection
59-21 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
59-22 amending Subsections (b) and (h) and adding Subsection (j) to read
59-23 as follows:
59-24 (b) An application for registration or renewal as an
59-25 asbestos worker must be made on a form provided by the department.
59-26 An application for registration [or reregistration] must be
59-27 accompanied by a nonrefundable fee set by the board in an amount
59-28 not to exceed $50.
59-29 (h) After notice to the registrant and an opportunity for a
59-30 hearing in accordance with Section 11 of this Act, the department
59-31 shall [may] reprimand any registered worker or suspend, suspend on
59-32 an emergency basis, [or] revoke, or refuse to renew any
59-33 registration if the worker:
59-34 (1) has fraudulently or deceptively assigned,
59-35 obtained, or attempted to assign or obtain a registration or
59-36 renewal; or
59-37 (2) fails to comply with federal, state, or local
59-38 asbestos law or rule or with any order issued by the board or
59-39 department.
59-40 (j) The department may place on probation a person whose
59-41 registration is suspended. If a suspension is probated, the
59-42 department may require the person:
59-43 (1) to report regularly to the department on matters
59-44 that are the basis of the probation;
59-45 (2) to limit practice to the areas prescribed by the
59-46 board; or
59-47 (3) to continue or review professional education until
59-48 the person attains a degree of skill satisfactory to the board in
59-49 those areas that are the basis of the probation.
59-50 SECTION 20.05. The Texas Asbestos Health Protection Act
59-51 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
59-52 adding Section 10A to read as follows:
59-53 Sec. 10A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
59-54 later than the 30th day after the date a person takes a licensing
59-55 or registration examination under this Act, the department shall
59-56 notify the person of the results of the examination.
59-57 (b) If the examination is graded or reviewed by a testing
59-58 service:
59-59 (1) the department shall notify the person of the
59-60 results of the examination not later than the 14th day after the
59-61 date the department receives the results from the testing service;
59-62 and
59-63 (2) if notice of the examination results will be
59-64 delayed for longer than 90 days after the examination date, the
59-65 department shall notify the person of the reason for the delay
59-66 before the 90th day.
59-67 (c) The department may require a testing service to notify a
59-68 person of the results of the person's examination.
59-69 (d) If requested in writing by a person who fails a
60-1 licensing or registration examination administered under this Act,
60-2 the department shall furnish the person with an analysis of the
60-3 person's performance on the examination.
60-4 SECTION 20.06. The Texas Asbestos Health Protection Act
60-5 (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
60-6 adding Section 12A to read as follows:
60-7 Sec. 12A. RULES REGARDING ADVERTISING OR COMPETITIVE
60-8 BIDDING. (a) The board may not adopt rules restricting
60-9 advertising or competitive bidding by a license or registration
60-10 holder except to prohibit false, misleading, or deceptive
60-11 practices.
60-12 (b) In its rules to prohibit false, misleading, or deceptive
60-13 practices, the board may not include a rule that:
60-14 (1) restricts the use of any medium for advertising;
60-15 (2) restricts the use of a license or registration
60-16 holder's personal appearance or voice in an advertisement;
60-17 (3) relates to the size or duration of an
60-18 advertisement by the license or registration holder; or
60-19 (4) restricts the license or registration holder's
60-20 advertisement under a trade name.
60-21 ARTICLE 21. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
60-22 REGULATION OF CERTAIN LEAD-BASED PAINT ACTIVITIES
60-23 SECTION 21.01. Chapter 332, Acts of the 74th Legislature,
60-24 Regular Session, 1995 (Article 9029, Vernon's Texas Civil
60-25 Statutes), is amended by adding Sections 3A and 3B to read as
60-26 follows:
60-27 Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
60-28 later than the 30th day after the date a person takes any
60-29 certification or accreditation examination under this Act, the
60-30 department shall notify the person of the results of the
60-31 examination.
60-32 (b) If an examination is graded or reviewed by a testing
60-33 service:
60-34 (1) the department shall notify the person of the
60-35 results of the examination not later than the 14th day after the
60-36 date the department receives the results from the testing service;
60-37 and
60-38 (2) if notice of the examination results will be
60-39 delayed for longer than 90 days after the examination date, the
60-40 department shall notify the person of the reason for the delay
60-41 before the 90th day.
60-42 (c) The department may require a testing service to notify a
60-43 person of the results of the person's examination.
60-44 (d) If requested in writing by a person who fails a
60-45 certification or accreditation examination administered under this
60-46 Act, the department shall furnish the person with an analysis of
60-47 the person's performance on the examination.
60-48 Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
60-49 (a) The Texas Board of Health may not adopt rules restricting
60-50 advertising or competitive bidding by a certified or accredited
60-51 person except to prohibit false, misleading, or deceptive
60-52 practices.
60-53 (b) In its rules to prohibit false, misleading, or deceptive
60-54 practices, the board may not include a rule that:
60-55 (1) restricts the use of any medium for advertising;
60-56 (2) restricts the use of a certified or accredited
60-57 person's personal appearance or voice in an advertisement;
60-58 (3) relates to the size or duration of an
60-59 advertisement by the certified or accredited person; or
60-60 (4) restricts the certified or accredited person's
60-61 advertisement under a trade name.
60-62 SECTION 21.02. Chapter 332, Acts of the 74th Legislature,
60-63 Regular Session, 1995 (Article 9029, Vernon's Texas Civil
60-64 Statutes), is amended by adding Sections 6A, 6B, and 6C to read as
60-65 follows:
60-66 Sec. 6A. EXPIRATION DATES OF CERTIFICATION OR ACCREDITATION.
60-67 The Texas Board of Health by rule may adopt a system under which
60-68 certifications or accreditations expire on various dates during the
60-69 year. For the year in which the expiration date is changed, the
61-1 department shall prorate certification or accreditation fees on a
61-2 monthly basis so that each certified or accredited person pays only
61-3 that portion of the certification or accreditation fee that is
61-4 allocable to the number of months during which the certification or
61-5 accreditation is valid. On renewal of the certification or
61-6 accreditation on the new expiration date, the total certification
61-7 or accreditation renewal fee is payable.
61-8 Sec. 6B. RENEWAL OF CERTIFICATION OR ACCREDITATION. (a) A
61-9 person who is otherwise eligible to renew a certification or
61-10 accreditation may renew an unexpired certification or accreditation
61-11 by paying the required renewal fee to the department before the
61-12 expiration date of the certification or accreditation. A person
61-13 whose certification or accreditation has expired may not engage in
61-14 activities that require certification or accreditation until the
61-15 certification or accreditation has been renewed.
61-16 (b) A person whose certification or accreditation has been
61-17 expired for 90 days or less may renew the certification or
61-18 accreditation by paying to the department a renewal fee that is
61-19 equal to 1-1/2 times the normally required renewal fee.
61-20 (c) A person whose certification or accreditation has been
61-21 expired for more than 90 days but less than one year may renew the
61-22 certification or accreditation by paying to the department a
61-23 renewal fee that is equal to two times the normally required
61-24 renewal fee.
61-25 (d) A person whose certification or accreditation has been
61-26 expired for one year or more may not renew the certification or
61-27 accreditation. The person may become recertified or reaccredited by
61-28 complying with the requirements and procedures, including any
61-29 examination requirements, for an original certification or
61-30 accreditation.
61-31 (e) A person who was certified or accredited in this state,
61-32 moved to another state, and is currently certified or accredited
61-33 and has been in practice in the other state for the two years
61-34 preceding the date of application may become recertified or
61-35 reaccredited without reexamination. The person must pay to the
61-36 department a fee that is equal to two times the normally required
61-37 renewal fee for certification or accreditation.
61-38 (f) Not later than the 30th day before the date a person's
61-39 certification or accreditation is scheduled to expire, the
61-40 department shall send written notice of the impending expiration to
61-41 the person at the person's last known address according to the
61-42 records of the department.
61-43 Sec. 6C. DISCIPLINARY ACTIONS. (a) The department shall
61-44 revoke, suspend, or refuse to renew a certification or
61-45 accreditation or shall reprimand a certified or accredited person
61-46 for a violation of this Act or a rule of the board.
61-47 (b) The board may place on probation a person whose
61-48 certification or accreditation is suspended. If a suspension is
61-49 probated, the board may require the person:
61-50 (1) to report regularly to the department on matters
61-51 that are the basis of the probation;
61-52 (2) to limit practice to the areas prescribed by the
61-53 board; or
61-54 (3) to continue or review professional education until
61-55 the person attains a degree of skill satisfactory to the board in
61-56 those areas that are the basis of the probation.
61-57 ARTICLE 22. CERTAIN PROVISIONS RELATING TO ABORTION FACILITIES
61-58 SECTION 22.01. Section 245.004, Health and Safety Code, is
61-59 amended to read as follows:
61-60 Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a)
61-61 The following facilities need not be licensed under this chapter:
61-62 (1) a hospital licensed under Chapter 241 (Texas
61-63 Hospital Licensing Law); or
61-64 (2) the office of a physician licensed under the
61-65 Medical Practice Act (Article 4495b, Vernon's Texas Civil
61-66 Statutes), unless the office is used [primarily] for the purpose of
61-67 performing more than 300 abortions in any 12-month period.
61-68 (b) In computing the number of abortions performed in the
61-69 office of a physician under Subsection (a)(2), an abortion
62-1 performed in accordance with Section 245.016 is not included.
62-2 SECTION 22.02. Section 245.014(b), Health and Safety Code,
62-3 is amended to read as follows:
62-4 (b) An offense under this section is a Class A [C]
62-5 misdemeanor.
62-6 SECTION 22.03. Section 245.016, Health and Safety Code, is
62-7 amended to read as follows:
62-8 Sec. 245.016. ABORTION IN UNLICENSED ABORTION FACILITY TO
62-9 PREVENT DEATH OR SERIOUS IMPAIRMENT. This chapter does not remove
62-10 the responsibility or limit the ability of a physician to perform
62-11 an abortion in an unlicensed abortion facility if, at the
62-12 commencement of the abortion, the physician reasonably believes
62-13 that the abortion is necessary to prevent the death of the patient
62-14 or to prevent serious impairment of the patient's physical health
62-15 [or mental condition].
62-16 SECTION 22.04. The office of a physician that is exempt from
62-17 the licensing requirement of Chapter 245, Health and Safety Code,
62-18 under Section 245.004, Health and Safety Code, as it existed
62-19 immediately before the effective date of this Act, but that is
62-20 required to be licensed under Section 245.004, Health and Safety
62-21 Code, as amended by this Act, is not required to be licensed before
62-22 January 1, 2000.
62-23 SECTION 22.05. (a) The change in law made by this article to
62-24 Section 245.014, Health and Safety Code, applies only to the
62-25 punishment for an offense committed on or after the effective date
62-26 of this Act. For purposes of this section, an offense is committed
62-27 before the effective date of this Act if any element of the offense
62-28 occurs before the effective date.
62-29 (b) An offense committed before the effective date of this
62-30 Act is covered by the law in effect when the offense was committed,
62-31 and the former law is continued in effect for that purpose.
62-32 SECTION 22.06. (a) The change in law made by Section
62-33 245.016, Health and Safety Code, as amended by this article,
62-34 applies only to the punishment for an offense committed on or after
62-35 the effective date of this Act. For purposes of this section, an
62-36 offense is committed before the effective date of this Act if any
62-37 element of the offense occurs before the effective date.
62-38 (b) An offense committed before the effective date of this
62-39 Act is covered by the law in effect when the offense was committed,
62-40 and the former law is continued in effect for that purpose.
62-41 ARTICLE 23. CERTAIN PROVISIONS RELATING TO CANCER REGISTRIES
62-42 SECTION 23.01. Section 82.008(e), Health and Safety Code, is
62-43 amended to read as follows:
62-44 (e) The data required to be furnished under this section may
62-45 also be furnished only to:
62-46 (1) cancer registries of hospitals; and
62-47 (2) cancer registries of cancer treatment centers.
62-48 SECTION 23.02. Section 82.009(d), Health and Safety Code, is
62-49 amended to read as follows:
62-50 (d) Data furnished to a hospital cancer registry or a cancer
62-51 treatment center cancer registry under Section 82.008(e) is for the
62-52 confidential use of the hospital cancer registry or the cancer
62-53 treatment center cancer registry, as applicable, and is subject to
62-54 Subsection (a).
62-55 SECTION 23.03. Section 161.021(a), Health and Safety Code, is
62-56 amended to read as follows:
62-57 (a) Unless prohibited by other law, a person, including a
62-58 hospital, sanatorium, nursing home, rest home, medical society,
62-59 cancer registry, or other organization, may provide interviews,
62-60 reports, statements, memoranda, or other information relating to
62-61 the condition and treatment of any person, to be used in a study to
62-62 reduce morbidity or mortality or to identify persons who may need
62-63 immunization, to:
62-64 (1) the department;
62-65 (2) a person that makes inquiries under immunization
62-66 surveys conducted for the department;
62-67 (3) a medical organization;
62-68 (4) a hospital;
62-69 (5) a hospital committee; or
63-1 (6) a cancer registry, including a cancer registry of
63-2 a cancer treatment center as defined by Section 82.002.
63-3 ARTICLE 24. CERTAIN EDUCATION PROGRAMS FOR MINORS
63-4 SECTION 24.01. Section 85.007, Health and Safety Code, is
63-5 amended by adding Subsection (c) to read as follows:
63-6 (c) In addition, the materials in the education program
63-7 intended for persons younger than 18 years of age must:
63-8 (1) teach that sexual activity before marriage is
63-9 likely to have harmful psychological and physical consequences;
63-10 (2) teach adolescents ways to recognize and respond to
63-11 unwanted physical and verbal sexual advances;
63-12 (3) teach that the use of alcohol or drugs increases a
63-13 person's vulnerability to unwanted sexual advances; and
63-14 (4) emphasize the importance of attaining
63-15 self-sufficiency before engaging in sexual activity.
63-16 ARTICLE 25. CERTAIN PROVISIONS RELATING TO THE PREVENTION OF
63-17 CARDIOVASCULAR DISEASE AND STROKE
63-18 SECTION 25.01. Subtitle D, Title 2, Health and Safety Code,
63-19 is amended by adding Chapter 93 to read as follows:
63-20 CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE
63-21 SUBCHAPTER A. GENERAL PROVISIONS
63-22 Sec. 93.001. DEFINITIONS. In this chapter:
63-23 (1) "Cardiovascular disease" means the group of
63-24 diseases that target the heart and blood vessels and that are the
63-25 result of complex interactions between multiple inherited traits
63-26 and environmental factors.
63-27 (2) "Council" means the Council on Cardiovascular
63-28 Disease and Stroke.
63-29 Sec. 93.002. APPOINTMENT OF COUNCIL; TERMS OF MEMBERS. (a)
63-30 The Council on Cardiovascular Disease and Stroke is composed of 12
63-31 members appointed by the board.
63-32 (b) Members of the council serve staggered six-year terms
63-33 with the terms of one-third of the members expiring February 1 of
63-34 each odd-numbered year.
63-35 Sec. 93.003. COMPENSATION; REIMBURSEMENT. (a) A member of
63-36 the council may not receive compensation for service on the council
63-37 and, except as provided by Subsection (b), may not be reimbursed
63-38 for travel expenses incurred while conducting the business of the
63-39 council.
63-40 (b) The commissioner may authorize reimbursement of the
63-41 travel expenses incurred by a member while conducting the business
63-42 of the council, as provided in the General Appropriations Act, if
63-43 the commissioner finds on application of the member that travel for
63-44 council business imposes a financial hardship on the member.
63-45 Sec. 93.004. DUTIES OF DEPARTMENT; FUNDS. The department
63-46 shall accept funds appropriated for the purposes of this chapter
63-47 and shall allocate those funds. The council shall make
63-48 recommendations to the department concerning the allocation of
63-49 funds.
63-50 Sec. 93.005. CONSULTANTS; ADVISORY COMMITTEE. To advise and
63-51 assist the council with respect to the council's duties under this
63-52 chapter, the council may appoint one or more:
63-53 (1) consultants to the council; or
63-54 (2) advisory committees under Chapter 2110, Government
63-55 Code.
63-56 Sec. 93.006. REPORT TO BOARD AND LEGISLATURE. (a) Not
63-57 later than January 15 of each year, the council shall report to the
63-58 board on the activities of the council in the preceding calendar
63-59 year.
63-60 (b) Not later than January 15 of each odd-numbered year, the
63-61 council shall report to the lieutenant governor and the speaker of
63-62 the house of representatives on the activities of the council in
63-63 the preceding two calendar years.
63-64 (Sections 93.007-93.050 reserved for expansion
63-65 SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL
63-66 Sec. 93.051. CARDIOVASCULAR DISEASE AND STROKE PREVENTION
63-67 PLAN; DUTIES OF COUNCIL. The council shall develop an effective
63-68 and resource-efficient plan to reduce the morbidity, mortality, and
63-69 economic burden of cardiovascular disease and stroke in this state.
64-1 The council shall:
64-2 (1) conduct health education, public awareness, and
64-3 community outreach activities that relate to cardiovascular disease
64-4 and stroke;
64-5 (2) promote, enhance, and coordinate health
64-6 education, public awareness, and community outreach activities that
64-7 relate to cardiovascular disease and stroke and that are provided
64-8 by private and other public organizations;
64-9 (3) coordinate activities with other entities that are
64-10 concerned with medical conditions that are similar to
64-11 cardiovascular disease and stroke or that have similar risk
64-12 factors;
64-13 (4) identify to health care providers, employers,
64-14 schools, community health centers, and other groups the benefits of
64-15 encouraging treatment, prevention, and public awareness of
64-16 cardiovascular disease and stroke and recognize innovative and
64-17 effective programs that achieve the objectives of improved
64-18 treatment, prevention, and public awareness;
64-19 (5) provide guidance regarding the roles and
64-20 responsibilities of government agencies, health care providers,
64-21 employers, third-party payers, patients, and families of patients
64-22 in the treatment, prevention, and public awareness of
64-23 cardiovascular disease and stroke;
64-24 (6) improve access to treatment for and prevention of
64-25 cardiovascular disease and stroke through public awareness
64-26 programs, including access for uninsured individuals and
64-27 individuals living in rural or underserved areas;
64-28 (7) assist communities to develop comprehensive local
64-29 cardiovascular disease and stroke prevention programs;
64-30 (8) assist the Texas Education Agency and local school
64-31 districts to promote a public school curriculum that includes
64-32 physical, nutritional, and health education relating to
64-33 cardiovascular disease and stroke prevention; and
64-34 (9) evaluate and enhance the implementation and
64-35 effectiveness of the program developed under this chapter.
64-36 Sec. 93.052. DATABASE OF CLINICAL RESOURCES. The council
64-37 shall review available clinical resources and shall develop a
64-38 database of recommendations for appropriate care and treatment of
64-39 patients with cardiovascular disease or who have suffered from or
64-40 are at risk for stroke. The council shall make the database
64-41 accessible to the public.
64-42 Sec. 93.053. CARDIOVASCULAR DISEASE AND STROKE DATABASE.
64-43 (a) The council shall collect and analyze information related to
64-44 cardiovascular disease and stroke at the state and regional level,
64-45 and, to the extent feasible, at the local level. The council shall
64-46 obtain the information from federal and state agencies and from
64-47 private and public organizations. The council shall maintain a
64-48 database of this information.
64-49 (b) The database may include:
64-50 (1) information related to behavioral risk factors
64-51 identified for cardiovascular disease and stroke;
64-52 (2) morbidity and mortality rates for cardiovascular
64-53 disease and stroke; and
64-54 (3) community indicators relevant to cardiovascular
64-55 disease and stroke.
64-56 (c) In compiling the database, the council may use
64-57 information available from other sources, such as the Behavioral
64-58 Risk Factor Surveillance System established by The Centers for
64-59 Disease Control and Prevention, reports of hospital discharge data,
64-60 and information included in death certificates.
64-61 Sec. 93.054. INFORMATION RECEIVED FROM ANOTHER STATE AGENCY;
64-62 CONFIDENTIALITY. (a) To perform its duties under this chapter,
64-63 the council may request and receive information in the possession
64-64 of any state agency. In addition to the restriction imposed by
64-65 Subsection (b), information provided to the council under this
64-66 subsection is subject to any restriction on disclosure or use of
64-67 the information that is imposed by law on the agency from which the
64-68 council obtained the information.
64-69 (b) Information in the possession of the council that
65-1 identifies a patient or that is otherwise confidential under law is
65-2 confidential, is excepted from required public disclosure under
65-3 Chapter 552, Government Code, and may not be disclosed for any
65-4 purpose.
65-5 SECTION 25.02. In appointing the initial members of the
65-6 Council on Cardiovascular Disease and Stroke, the Texas Board of
65-7 Health shall appoint four persons to terms expiring February 1,
65-8 2001; four to terms expiring February 1, 2003; and four to terms
65-9 expiring February 1, 2005.
65-10 ARTICLE 26. EFFECTIVE DATE; EMERGENCY
65-11 SECTION 26.01. This Act takes effect September 1, 1999.
65-12 SECTION 26.02. The importance of this legislation and the
65-13 crowded condition of the calendars in both houses create an
65-14 emergency and an imperative public necessity that the
65-15 constitutional rule requiring bills to be read on three several
65-16 days in each house be suspended, and this rule is hereby suspended.
65-17 * * * * *