1-1 By: Cain S.B. No. 310
1-2 (In the Senate - Filed January 29, 1999; February 1, 1999,
1-3 read first time and referred to Committee on Health Services;
1-4 March 4, 1999, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 4, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of occupational therapists; providing
1-9 for administrative penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsections (a) and (b), Section 3, Occupational
1-12 Therapy Practice Act (Article 8851, Vernon's Texas Civil Statutes),
1-13 are amended to read as follows:
1-14 (a) The [A] Texas Board of Occupational Therapy Examiners
1-15 shall consist of nine [six] members appointed by the governor with
1-16 the advice and consent of the senate for staggered terms of six
1-17 years. Appointments to the board shall be made without regard to
1-18 the race, creed, sex, religion, or national origin of the
1-19 appointees. Members of the board are appointed for staggered terms
1-20 of six years, with three [two] members' terms expiring on February
1-21 1 of each odd-numbered year.
1-22 (b) Four [Three] members of the board must be occupational
1-23 therapists, be residents of this state, and have practiced
1-24 occupational therapy for at least three years immediately preceding
1-25 appointment. Two members [One member] of the board must be [an]
1-26 occupational therapy assistants [assistant], be residents [a
1-27 resident] of this state, and have practiced as an occupational
1-28 therapy assistant for at least three years immediately preceding
1-29 appointment. All six [four] of these members of the board must be
1-30 licensed under this Act, and the terms of two of the six end on
1-31 February 1 of each odd-numbered year. Three [Two] members of the
1-32 board must be public members who are not occupational therapists,
1-33 and the term of one public member ends on February 1 of each
1-34 odd-numbered year.
1-35 SECTION 2. Subsection (b), Section 3A, Occupational Therapy
1-36 Practice Act (Article 8851, Vernon's Texas Civil Statutes), is
1-37 amended to read as follows:
1-38 (b) A member of the board is entitled to a per diem as set
1-39 by the General Appropriations Act for each day that the member
1-40 engages in the business of the board. A member may also [not]
1-41 receive [any] reimbursement for [travel expenses, including
1-42 expenses for] meals, [and] lodging, and [other than] transportation
1-43 expenses as provided by the General Appropriations Act.
1-44 SECTION 3. Section 5C, Occupational Therapy Practice Act
1-45 (Article 8851, Vernon's Texas Civil Statutes), is amended by adding
1-46 Subsections (d) and (e) to read as follows:
1-47 (d) The board may request or compel by subpoena:
1-48 (1) the attendance of a witness for examination under
1-49 oath; and
1-50 (2) the production of records, documents, and other
1-51 evidence relevant to the investigation of an alleged violation of
1-52 this Act for inspection and copying.
1-53 (e) If a person fails to comply with a subpoena issued under
1-54 this section, the board, acting through the attorney general, may
1-55 bring an action to enforce the subpoena in a district court in
1-56 Travis County or in a county in which a hearing conducted by the
1-57 board may be held. If the court determines that good cause exists
1-58 for the subpoena, the court shall order compliance. The court may
1-59 punish for contempt a person who does not obey the order.
1-60 SECTION 4. Subsection (a), Section 18, Occupational Therapy
1-61 Practice Act (Article 8851, Vernon's Texas Civil Statutes), is
1-62 amended to read as follows:
1-63 (a) On application, the board shall grant a provisional
1-64 license for the practice of occupational therapy. An applicant for
2-1 a provisional license under this section must:
2-2 (1) be licensed in good standing as an occupational
2-3 therapist or occupational therapy assistant in another state, the
2-4 District of Columbia, or a territory of the United States that has
2-5 licensing requirements that are substantially equivalent to the
2-6 requirements of this Act; and
2-7 (2) have passed a national or other examination
2-8 recognized by the board relating to the practice of occupational
2-9 therapy[; and]
2-10 [(3) be sponsored by a person licensed by the board
2-11 under this Act with whom the provisional licensee may practice
2-12 under this section].
2-13 SECTION 5. Section 29, Occupational Therapy Practice Act
2-14 (Article 8851, Vernon's Texas Civil Statutes), is amended by
2-15 amending the section heading to read as follows:
2-16 Sec. 29. CRIMINAL PENALTY; CIVIL PENALTY; INJUNCTION
2-17 [PENALTIES].
2-18 SECTION 6. The Occupational Therapy Practice Act (Article
2-19 8851, Vernon's Texas Civil Statutes) is amended by adding Section
2-20 29A to read as follows:
2-21 Sec. 29A. ADMINISTRATIVE PENALTY. (a) The board may impose
2-22 an administrative penalty against a person licensed or registered
2-23 under this Act who violates this Act or a rule or order adopted
2-24 under this Act.
2-25 (b) The penalty may not exceed $200, and each day a
2-26 violation continues or occurs is a separate violation for the
2-27 purpose of imposing a penalty. The amount of the penalty shall be
2-28 based on:
2-29 (1) the seriousness of the violation, including the
2-30 nature, circumstances, extent, and gravity of any prohibited acts,
2-31 and the hazard or potential hazard created to the health, safety,
2-32 or economic welfare of the public;
2-33 (2) the history of previous violations;
2-34 (3) the amount necessary to deter a future violation;
2-35 (4) efforts to correct the violation; and
2-36 (5) any other matter that justice requires.
2-37 (c) The person may stay enforcement during the time the
2-38 order is under judicial review if the person pays the penalty to
2-39 the court clerk or files a supersedeas bond with the court in the
2-40 amount of the penalty. A person who cannot afford to pay the
2-41 penalty or file the bond may stay enforcement by filing an
2-42 affidavit like that required by the Texas Rules of Civil Procedure
2-43 for a party who cannot afford to file security for costs, except
2-44 that the board may contest the affidavit as provided by those
2-45 rules.
2-46 (d) A proceeding to impose an administrative penalty is
2-47 subject to Chapter 2001, Government Code.
2-48 SECTION 7. The Occupational Therapy Practice Act (Article
2-49 8851, Vernon's Texas Civil Statutes) is amended by adding Section
2-50 30A, to read as follows:
2-51 Sec. 30A. EMERGENCY SUSPENSION. (a) The board may
2-52 temporarily suspend a license issued under this Act on an emergency
2-53 basis if the board determines that the continued practice by the
2-54 license holder constitutes a continuing or imminent threat to the
2-55 public health or welfare.
2-56 (b) A temporary suspension under this section requires a
2-57 two-thirds vote by the board.
2-58 (c) A license temporarily suspended under this section may
2-59 be suspended without notice or hearing if, at the time the
2-60 suspension is ordered, a hearing on whether to institute a
2-61 disciplinary proceeding against the license holder is scheduled to
2-62 be held not later than the 14th day after the date of the temporary
2-63 suspension. A second hearing on the suspended license must be held
2-64 not later than the 60th day after the date the temporary suspension
2-65 was ordered. If the second hearing is not held within the required
2-66 time, the suspended license is automatically reinstated.
2-67 (d) The board shall adopt rules that establish procedures
2-68 and standards for the temporary suspension of a license under this
2-69 section.
3-1 SECTION 8. In appointing three new members to the Texas
3-2 Board of Occupational Therapy Examiners as required by Section 3,
3-3 Occupational Therapy Practice Act (Article 8851, Vernon's Texas
3-4 Civil Statutes), as amended by this Act, the governor shall
3-5 appoint:
3-6 (1) one person who is an occupational therapist for a
3-7 term expiring on February 1, 2001;
3-8 (2) one person who is a public member for a term
3-9 expiring on February 1, 2003; and
3-10 (3) one person who is an occupational therapy
3-11 assistant for a term expiring on February 1, 2005.
3-12 SECTION 9. (a) This Act takes effect September 1, 1999.
3-13 (b) Subsection (b), Section 3A, Occupational Therapy
3-14 Practice Act (Article 8851, Vernon's Texas Civil Statutes), as
3-15 amended by this Act, does not apply to a meal or lodging expense
3-16 incurred before the effective date of this Act. That expense is
3-17 governed by the law in effect at the time the expense was incurred,
3-18 and the former law is continued in effect for that purpose.
3-19 SECTION 10. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.
3-24 * * * * *