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.