By: Cain S.B. No. 310
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of occupational therapists; providing
1-2 for administrative penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a) and (b), Section 3, Occupational
1-5 Therapy Practice Act (Article 8851, Vernon's Texas Civil Statutes),
1-6 are amended to read as follows:
1-7 (a) The [A] Texas Board of Occupational Therapy Examiners
1-8 shall consist of nine [six] members appointed by the governor with
1-9 the advice and consent of the senate for staggered terms of six
1-10 years. Appointments to the board shall be made without regard to
1-11 the race, creed, sex, religion, or national origin of the
1-12 appointees. Members of the board are appointed for staggered terms
1-13 of six years, with three [two] members' terms expiring on February
1-14 1 of each odd-numbered year.
1-15 (b) Four [Three] members of the board must be occupational
1-16 therapists, be residents of this state, and have practiced
1-17 occupational therapy for at least three years immediately preceding
1-18 appointment. Two members [One member] of the board must be [an]
1-19 occupational therapy assistants [assistant], be residents [a
1-20 resident] of this state, and have practiced as an occupational
1-21 therapy assistant for at least three years immediately preceding
1-22 appointment. All six [four] of these members of the board must be
1-23 licensed under this Act, and the terms of two of the six end on
1-24 February 1 of each odd-numbered year. Three [Two] members of the
2-1 board must be public members who are not occupational therapists,
2-2 and the term of one public member ends on February 1 of each
2-3 odd-numbered year.
2-4 SECTION 2. Subsection (b), Section 3A, Occupational Therapy
2-5 Practice Act (Article 8851, Vernon's Texas Civil Statutes), is
2-6 amended to read as follows:
2-7 (b) A member of the board is entitled to a per diem as set
2-8 by the General Appropriations Act for each day that the member
2-9 engages in the business of the board. A member may also [not]
2-10 receive [any] reimbursement for [travel expenses, including
2-11 expenses for] meals, [and] lodging, and [other than] transportation
2-12 expenses as provided by the General Appropriations Act.
2-13 SECTION 3. Section 5C, Occupational Therapy Practice Act
2-14 (Article 8851, Vernon's Texas Civil Statutes), is amended by adding
2-15 Subsections (d) and (e) to read as follows:
2-16 (d) The board may request or compel by subpoena:
2-17 (1) the attendance of a witness for examination under
2-18 oath; and
2-19 (2) the production of records, documents, and other
2-20 evidence relevant to the investigation of an alleged violation of
2-21 this Act for inspection and copying.
2-22 (e) If a person fails to comply with a subpoena issued under
2-23 this section, the board, acting through the attorney general, may
2-24 bring an action to enforce the subpoena in a district court in
2-25 Travis County or in a county in which a hearing conducted by the
2-26 board may be held. If the court determines that good cause exists
3-1 for the subpoena, the court shall order compliance. The court may
3-2 punish for contempt a person who does not obey the order.
3-3 SECTION 4. Subsection (a), Section 18, Occupational Therapy
3-4 Practice Act (Article 8851, Vernon's Texas Civil Statutes), is
3-5 amended to read as follows:
3-6 (a) On application, the board shall grant a provisional
3-7 license for the practice of occupational therapy. An applicant for
3-8 a provisional license under this section must:
3-9 (1) be licensed in good standing as an occupational
3-10 therapist or occupational therapy assistant in another state, the
3-11 District of Columbia, or a territory of the United States that has
3-12 licensing requirements that are substantially equivalent to the
3-13 requirements of this Act; and
3-14 (2) have passed a national or other examination
3-15 recognized by the board relating to the practice of occupational
3-16 therapy[; and]
3-17 [(3) be sponsored by a person licensed by the board
3-18 under this Act with whom the provisional licensee may practice
3-19 under this section].
3-20 SECTION 5. Section 29, Occupational Therapy Practice Act
3-21 (Article 8851, Vernon's Texas Civil Statutes), is amended by
3-22 amending the section heading to read as follows:
3-23 Sec. 29. CRIMINAL PENALTY; CIVIL PENALTY; INJUNCTION
3-24 [PENALTIES].
3-25 SECTION 6. The Occupational Therapy Practice Act (Article
3-26 8851, Vernon's Texas Civil Statutes) is amended by adding Section
4-1 29A to read as follows:
4-2 Sec. 29A. ADMINISTRATIVE PENALTY. (a) The board may impose
4-3 an administrative penalty against a person licensed or registered
4-4 under this Act who violates this Act or a rule or order adopted
4-5 under this Act.
4-6 (b) The penalty may not exceed $200, and each day a
4-7 violation continues or occurs is a separate violation for the
4-8 purpose of imposing a penalty. The amount of the penalty shall be
4-9 based on:
4-10 (1) the seriousness of the violation, including the
4-11 nature, circumstances, extent, and gravity of any prohibited acts,
4-12 and the hazard or potential hazard created to the health, safety,
4-13 or economic welfare of the public;
4-14 (2) the history of previous violations;
4-15 (3) the amount necessary to deter a future violation;
4-16 (4) efforts to correct the violation; and
4-17 (5) any other matter that justice requires.
4-18 (c) The person may stay enforcement during the time the
4-19 order is under judicial review if the person pays the penalty to
4-20 the court clerk or files a supersedeas bond with the court in the
4-21 amount of the penalty. A person who cannot afford to pay the
4-22 penalty or file the bond may stay enforcement by filing an
4-23 affidavit like that required by the Texas Rules of Civil Procedure
4-24 for a party who cannot afford to file security for costs, except
4-25 that the board may contest the affidavit as provided by those
4-26 rules.
5-1 (d) A proceeding to impose an administrative penalty is
5-2 subject to Chapter 2001, Government Code.
5-3 SECTION 7. The Occupational Therapy Practice Act (Article
5-4 8851, Vernon's Texas Civil Statutes) is amended by adding Section
5-5 30A, to read as follows:
5-6 Sec. 30A. EMERGENCY SUSPENSION. (a) The board may
5-7 temporarily suspend a license issued under this Act on an emergency
5-8 basis if the board determines that the continued practice by the
5-9 license holder constitutes a continuing or imminent threat to the
5-10 public health or welfare.
5-11 (b) A temporary suspension under this section requires a
5-12 two-thirds vote by the board.
5-13 (c) A license temporarily suspended under this section may
5-14 be suspended without notice or hearing if, at the time the
5-15 suspension is ordered, a hearing on whether to institute a
5-16 disciplinary proceeding against the license holder is scheduled to
5-17 be held not later than the 14th day after the date of the temporary
5-18 suspension. A second hearing on the suspended license must be held
5-19 not later than the 60th day after the date the temporary suspension
5-20 was ordered. If the second hearing is not held within the required
5-21 time, the suspended license is automatically reinstated.
5-22 (d) The board shall adopt rules that establish procedures
5-23 and standards for the temporary suspension of a license under this
5-24 section.
5-25 SECTION 8. In appointing three new members to the Texas
5-26 Board of Occupational Therapy Examiners as required by Section 3,
6-1 Occupational Therapy Practice Act (Article 8851, Vernon's Texas
6-2 Civil Statutes), as amended by this Act, the governor shall
6-3 appoint:
6-4 (1) one person who is an occupational therapist for a
6-5 term expiring on February 1, 2001;
6-6 (2) one person who is a public member for a term
6-7 expiring on February 1, 2003; and
6-8 (3) one person who is an occupational therapy
6-9 assistant for a term expiring on February 1, 2005.
6-10 SECTION 9. (a) This Act takes effect September 1, 1999.
6-11 (b) Subsection (b), Section 3A, Occupational Therapy
6-12 Practice Act (Article 8851, Vernon's Texas Civil Statutes), as
6-13 amended by this Act, does not apply to a meal or lodging expense
6-14 incurred before the effective date of this Act. That expense is
6-15 governed by the law in effect at the time the expense was incurred,
6-16 and the former law is continued in effect for that purpose.
6-17 SECTION 10. The importance of this legislation and the
6-18 crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended.