HBA-TBM S.B. 791 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 791
By: Nelson
Public Health
5/15/2001
Engrossed


BACKGROUND AND PURPOSE 

In 1997, the 76th Legislature passed legislation that called for the Texas
Department of Health to perform a comprehensive evaluation of its
regulatory programs and to identify problem areas and recommend solutions.
One of the findings of the regulatory review indicates that enforcement
sanctions are inadequate in some of the professional licensing programs.
Senate Bill 791 provides for the emergency suspension of health
professional licenses and sets forth administrative, civil, and criminal
penalties for certain license holders.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 791 amends the Occupations Code to provide for the emergency
suspension of, and hearing regarding the suspension of a letter of
documentation, certificate of registration, permit, or license (permit)
issued by the appropriate licensing board (board) to a midwife, spectacle
dispensing optician, contact lens dispenser, speech-language pathologist,
audiologist, hearing instrument fitter or dispenser, athletic trainer,
massage therapist, marriage and family therapist, medical radiologic
technologist, medical physicist, perfusionist, orthotist, prostheticist, or
dietitian (Secs. 203.405, 352.254, 353.2025, 401.460, 402.504, 451.255,
455.254, 502.356, 601.306, 602.254, 603.408, 605.3535, and 701.408).   

The bill sets forth provisions regarding the imposition of an
administrative penalty on a speech-language pathologist or audiologist,
licensed professional counselor, perfusionist, orthotist, prostheticist, or
dietitian who violates the applicable licensing law (Secs. 401.551-401.561,
503.501-503.511, 603.501-603.511, 605.401-605.411, and 701.501-701.511).   

The bill sets forth provisions regarding a civil penalty assessed to a
hearing instrument fitter or dispenser, medical physicist, or perfusionist
for a violation of law or rule adopted by the board (Secs. 402.553,
602.3015, and 603.4515).   

The bill sets forth and modifies criminal penalties for practicing social
work, medical physics, orthotics, or prosthetics without holding the
appropriate license (Secs. 505.507, 602.302, and 605.356).   

Senate Bill 791 amends law to provide for the emergency suspension of and
hearing regarding the suspension of the registration of a registered sex
offender treatment provider.  The bill sets forth provisions regarding the
imposition of an administrative penalty on a permit holder for a violation
of law or rule governing the registration of sex offender treatment
providers (Secs. 13D and 13E, Art. 4413(51), V.T.C.S.).  

EFFECTIVE DATE

September 1, 2001.