SRC-JLB, MLC, AMY S.B. 161 78(R) BILL ANALYSIS Senate Research Center S.B. 161 78R1762 JMM-DBy: Nelson Health and Human Services 2/21/2003 As Filed DIGEST AND PURPOSE Currently, the Texas Department of Health (TDH) has indications that enforcement sanctions are inadequate in some of the professional licensing programs. As proposed, S.B. 161 grants licensing programs the authority to issue emergency suspension of a license to practice, to assess administrative penalties to strengthen regulatory efforts, and to include civil and criminal penalties to further sanction individuals who are out of compliance, while ensuring standardization and consistency of enforcement measures for licensing programs housed within TDH. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 203I, Occupations Code, by adding Section 203.405, as follows: Sec. 203.405. EMERGENCY SUSPENSION. (a) Requires the midwifery board, or a three-member committee designated thereby, to temporarily suspend the letter of documentation of a midwife should evidence or information indicate that continued practice by that midwife constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a letter of documentation without notice or hearing on the complaint under certain circumstances. (c) Requires the State Office of Administrative Hearings (SOAH) to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 2. Amends Chapter 352F, Occupations Code, by adding Section 352.254, as follows: Sec. 352.254. EMERGENCY SUSPENSION. (a) Requires the Texas Department of Health (TDH), to temporarily suspend an optician's certificate of registration should evidence or information indicate that continued practice by that certificate holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a certificate of registration without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 3. Amends Chapter 353E, Occupations Code, by adding Section 353.2025, as follows: Sec. 353.2025. EMERGENCY SUSPENSION. (a) Requires TDH to temporarily suspend the contact lens dispensing permit of a permit holder should evidence or information indicate that continued practice by that permit holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a permit without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 4. Amends Chapter 401J, Occupations Code, by adding Section 401.460, as follows: Sec. 401.460. EMERGENCY SUSPENSION. (a) Requires the State Board of Examiners for Speech-Language Pathology and Audiology, or a three-member committee designated thereby, to temporarily suspend the license of a license holder should evidence or information indicate that continued practice by that license holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a license without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 5. Amends Chapter 401, Occupations Code, by adding Subchapter L, as follows: SUBCHAPTER L. ADMINISTRATIVE PENALTY Sec. 401.551. IMPOSITION OF ADMINISTRATIVE PENALTY. Authorizes the State Board of Examiners for Speech-Language Pathology and Audiology (board) to impose an administrative penalty on a license holder who violates this chapter or the rules or orders thereof. Sec. 401.552. AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the penalty, with each day counting as a separate violation, ranges from $50 to $500 per violation. (b) Specifies the relevant criteria required to be factored into the calculation of the penalty. Sec. 401.553. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes the commissioner of public health (commissioner) to inform the board of a violation and recommend the imposition and amount of an administrative penalty. (b) Requires the commissioner to provide, within 14 days of the report's issuance, the person with a written notice that includes a summary of the alleged violation, the recommended administrative penalty, and either information on the person's right to a hearing or the amount of the penalty or both. Sec. 401.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the person, within 10 days, to accept the determination and penalty or to request a hearing. (b) Requires the board to approve the determination and impose the penalty if the person accepts the determination and penalty. Sec. 401.555. HEARING. Requires the commissioner to set a hearing under certain circumstances and to provide written notification of the hearing to the person. Requires an administrative law judge of SOAH to hold the hearing and to promptly issue a decision on the violation and the penalty. Sec. 401.556. DECISION BY BOARD. Authorizes the board to determine, based on certain criteria, whether or not a violation occurred. Requires the board's order to include information on the person's right to judicial review of the order. Sec. 401.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the person, within 30 days of the board's order becoming final, either to pay the penalty or to file for judicial review or both. (b) Authorizes a person filing for judicial review under Subsection (a) to stay enforcement of a penalty in one of two ways: either by paying the penalty into an escrow account or provide the court with an appropriate bond; or to request the court to stay enforcement of the penalty by filing a sworn affidavit stating lack of financial ability to pay the penalty and providing it to the commissioner of public health by certified mail. (c) Authorizes the commissioner to contest the affidavit within a specified time frame. (d) Requires the court to hold a hearing on the affidavit and to stay enforcement of the penalty upon verification of facts alleged in the affidavit of inability to pay the penalty. Specifies that the burden of proof is on the person filing the affidavit. Sec. 401.558. COLLECTION OF PENALTY. Authorizes an administrative penalty to be collected if it is not paid and the enforcement of the penalty is not stayed. Authorizes the attorney general to sue for collection of an unpaid penalty. Sec. 401.559. DETERMINATION BY COURT. Authorizes the court, if it sustains that a violation occurred, to uphold or reduce the amount of the administrative penalty and to order the person to pay the full or reduced amount of the penalty. Sec. 401.560. REMITTANCE OF PENALTY AND INTEREST. Requires the court to order, when its judgment becomes final, that the appropriate amount of the administrative penalty plus accrued interest be remitted to the person if the person paid the penalty is paid but reduced or not upheld by the court. Provides that the interest on such a penalty accrues at a certain rate. Requires that a certain time frame be used to calculate the administrative penalty. Requires the court to order the release of a supersedeas bond when its order becomes final if the penalty is not upheld or to order the release of a supersedeas bond minus the amount by which the penalty is reduced if the penalty is reduced. Sec. 401.561. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under this subchapter is a contested case under Chapter 2001 (Administrative Procedure), Government Code. SECTION 6. Amends Chapter 402K, Occupations Code, by adding Section 402.504, as follows: Sec. 402.504. EMERGENCY SUSPENSION. (a) Requires the Texas Board of Health, or a three-member committee designated thereby, to temporarily suspend the license or permit to fit and dispense hearing instruments of a license or permit holder should evidence or information indicate that continued practice by that license or permit holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a license or permit without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 7. Amends Chapter 402L, Occupations Code, by adding Section 402.553, as follows: Sec. 402.553. CIVIL PENALTY. (a) Establishes a civil penalty of not more than $1,000 a day against a person who violates this chapter or a rule or order thereof. (b) Requires the attorney general to bring action for recovery of a civil penalty, at the request of the Texas Board of Health or Texas Department of Health. SECTION 8. Amends Chapter 451F, Occupations Code, by adding Section 451.255, as follows: Sec. 451.255. EMERGENCY SUSPENSION. (a) Requires the Advisory Board of Athletic Trainers (board), or a three-member committee designated thereby, to temporarily suspend the license of a license holder should evidence or information indicate that continued practice by that license holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a license without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 9. Amends Chapter 455F, Occupations Code, by adding Section 455.254, as follows: Sec. 455.254. EMERGENCY SUSPENSION. (a) Requires TDH to temporarily suspend the certificate of registration of a massage therapist should evidence or information indicate that continued practice by that license holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a certificate of registration without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 10. Amends Chapter 502H, Occupations Code, by adding Section 502.356, as follows: Sec. 502.356. EMERGENCY SUSPENSION. (a) Requires the Texas State Board of Examiners of Marriage and Family Therapists, or a three-member committee designated thereby, to temporarily suspend the license of a license holder should evidence or information indicate that continued practice by that license holder constitute a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a license without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 11. Amends Chapter 503, Occupations Code, by adding Subchapter K, as follows: SUBCHAPTER K. ADMINISTRATIVE PENALTY Sec. 503.501. IMPOSITION OF ADMINISTRATIVE PENALTY. Authorizes the Texas State Board of Examiners of Licensed Counselors (board) to impose an administrative penalty on a license holder who violates this chapter or a rule or order thereof. Sec. 503.502. AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the penalty, with each day counting as a separate violation, ranges from $50 to $500 per violation. (b) Specifies the relevant criteria required to be factored into the calculation of the penalty. Sec. 503.503. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes the commissioner of public health (commissioner) to inform the board of a violation and recommend the imposition and amount of an administrative penalty. (b) Requires the commissioner to provide, within 14 days of the report's issuance, the person with a written notice that includes a summary of the alleged violation, the recommended administrative penalty, and either information on the person's right to a hearing or the amount of the penalty or both. Sec. 503.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the person, within 10 days, to accept the determination and penalty or request a hearing. (b) Requires the board to approve the determination and impose the penalty if the person accepts the determination and penalty. Sec. 503.505. HEARING. Requires the commissioner to set a hearing under certain circumstances and to provide written notification of the hearing to the person. Requires an administrative law judge of SOAH to hold the hearing and to promptly issue a decision on the violation and the penalty. Sec. 503.506. DECISION BY BOARD. Authorizes the board to determine, based on certain criteria, whether a violation occurred. Requires the board's order to include information on the person's right to judicial review of the order. Sec. 503.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the person, within 30 days of the board's order becoming final, either to pay the penalty or to file for judicial review or both. (b) Authorizes a person filing for judicial review under Subsection (a) to stay enforcement of a penalty in one of two ways: either by paying the penalty into an escrow account or provide the court with an appropriate bond; or to request the court to stay enforcement of the penalty by filing a sworn affidavit stating lack of financial ability to pay the penalty and providing it to the commissioner of public health by certified mail. (c) Authorizes the commissioner to contest the affidavit within a specified time frame. (d) Requires the court to hold a hearing on the affidavit and to stay enforcement of the penalty upon verification of facts alleged in the affidavit of inability to pay the penalty. Specifies that the burden of proof is on the person filing the affidavit. Sec. 503.508. COLLECTION OF PENALTY. Authorizes the administrative penalty to be collected if it is not paid and the enforcement of the penalty is not stayed. Authorizes the attorney general to sue for collection of an unpaid penalty. Sec. 503.509. DETERMINATION BY COURT. Authorizes the court to uphold, reduce, or cancel the penalty depending upon whether it determines a violation has occurred. Sec. 503.510. REMITTANCE OF PENALTY AND INTEREST. Requires the court to order, when its judgment becomes final, that the appropriate amount of the administrative penalty plus accrued interest be remitted to the person if the person paid the penalty is paid but reduced or not upheld by the court. Provides that the interest on such a penalty accrues at a certain rate. Requires that a certain time frame be used to calculate the administrative penalty. Requires the court to order the release of a supersedeas bond when its order becomes final if the penalty is not upheld or to order the release of a supersedeas bond minus the amount by which the penalty is reduced if the penalty is reduced. Sec. 503.511. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under this subchapter is a contested case under Chapter 2001 (Administrative Procedure), Government Code. SECTION 12. Amends Chapter 505J, Occupations Code, by adding Section 505.507, as follows: Sec. 505.507. CRIMINAL PENALTY. Establishes that a person knowingly acting as a social worker without holding a required license commits a Class B misdemeanor. SECTION 13. Amends Chapter 601G, Occupations Code, by adding Section 601.306, as follows: Sec. 601.306. EMERGENCY SUSPENSION. (a) Requires TDH to temporarily suspend the certificate of a medical radiologic technologist should evidence or information indicate that continued practice by that certificate holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a certificate without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 14. Amends Chapter 602F, Occupations Code, by adding Section 602.254, as follows: Sec. 602.254. EMERGENCY SUSPENSION. (a) Requires the Texas Board of Licensure for Professional Medical Physicists in TDH, or a three-member committee designated thereby, to temporarily suspend the license of a license holder should evidence or information indicate that continued practice by that license holder constitute a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a license without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 15. Amends Chapter 602G, Occupations Code, by adding Section 602.3015, as follows: Sec. 602.3015. CIVIL PENALTY. (a) Establishes a civil penalty of not more than $1,000 a day against a person who violates this chapter or a rule or order thereof. (b) Requires the attorney general to bring action for recovery of a civil penalty, at the request of the Texas Board of Licensure for Professional Medical Physicists or TDH. SECTION 16. Amends Section 602.302, Occupations Code, to add that person commits a class A, rather than B, misdemeanor if the person practices medical physics or a specialty of medical physics without holding the required license. Makes a nonsubstantive change and redesignates Subdivisions (1) and (2) as (3) and (4). SECTION 17. Amends Chapter 603I, Occupations Code, by adding Section 603.408, as follows: Sec. 603.408. EMERGENCY SUSPENSION. (a) Requires the Texas State Board of Examiners of Perfusionists (board), or a three-member committee designated thereby, to temporarily suspend the license of a license holder should evidence or information indicate that continued practice by that license holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a license without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 18. Amends Chapter 603J, Occupations Code, by adding Section 603.4515, as follows: Section 603.4515. CIVIL PENALTY. (a) Establishes a civil penalty of not more than $1,000 a day against a person who violates this chapter or a rule or order of this chapter. (b) Requires the attorney general to bring action for recovery of a civil penalty, at the request of the Texas State Board of Examiners of Perfusionists or TDH. SECTION 19. Amends Chapter 603, Occupations Code, by adding Subchapter K, as follows: SUBCHAPTER K. ADMINISTRATIVE PENALTY Sec. 603.501. IMPOSITION OF ADMINISTRATIVE PENALTY. Authorizes the Texas State Board of Examiners of Perfusionists (board) to impose an administrative penalty on a license holder who violates the rules or orders of this chapter. Sec. 603.502 AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the penalty, with each day counting as a separate violation, ranges from $50 to $500 per violation. (b) Specifies the relevant criteria required to be factored into the calculation of the penalty. Sec. 603.503. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes the commissioner of public health (commissioner) to inform the board of a violation and to recommend the imposition and amount of an administrative penalty. (b) Requires the commissioner to provide, within 14 days of the report's issuance, the person with a written notice that includes a summary of the alleged violation, the recommended administrative penalty, and either information on the person's right to a hearing or the amount of the penalty or both. Sec. 603.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the person, within 10 days, to accept the determination and penalty or to request a hearing. (b) Requires the board to approve the determination and to impose the penalty if the person accepts the determination and penalty. Sec. 603.505. HEARING. Requires the commissioner to set a hearing under certain circumstances and to provide written notification of the hearing to the person. Requires an administrative law judge of SOAH to hold the hearing and to promptly issue a decision on the violation and the penalty. Sec. 603.506. DECISION BY BOARD. Authorizes the board to determine, based on certain criteria, whether a violation occurred. Requires the board's order to include information on the person's right to judicial review of the order. Sec. 603.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the person, within 30 days of the board's order becoming final, either to pay the penalty or to file for judicial review or both. (b) Authorizes a person filing for judicial review under Subsection (a) to stay enforcement of a penalty in one of two ways: either by paying the penalty into an escrow account or provide the court with an appropriate bond; or to request the court to stay enforcement of the penalty by filing a sworn affidavit stating lack of financial ability to pay the penalty and providing it to the commissioner of public health by certified mail. (c) Authorizes the commissioner to contest the affidavit within a specified time frame. (d) Requires the court to hold a hearing on the affidavit and to stay enforcement of the penalty upon verification of facts alleged in the affidavit of inability to pay the penalty. Specifies that the burden of proof is on the person filing the affidavit. Sec. 603.508. COLLECTION OF PENALTY. Authorizes the administrative penalty to be collected if it is not paid and the enforcement of the penalty is not stayed. Authorizes the attorney general to sue for collection of an unpaid penalty. Sec. 603.509. DETERMINATION BY COURT. Authorizes the court to uphold, reduce, or cancel the penalty depending upon whether it determines that a violation has occurred. Sec. 603.510. REMITTANCE OF PENALTY AND INTEREST. Requires the court to order, when its judgment becomes final, that the appropriate amount of the administrative penalty plus accrued interest be remitted to the person if the person paid the penalty is paid but reduced or not upheld by the court. Provides that the interest on such a penalty accrues at a certain rate. Requires that a certain time frame be used to calculate the administrative penalty. Requires the court to order the release of a supersedeas bond when its order becomes final if the penalty is not upheld or to order the release of a supersedeas bond minus the amount by which the penalty is reduced if the penalty is reduced. Sec. 603.511. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under this subchapter is a contested case under Chapter 2001 (Administrative Procedure), Government Code. SECTION 20. Amends Chapter 605H, Occupations Code, by adding Section 605.3535, as follows: Sec. 605.3535. EMERGENCY SUSPENSION. (a) Requires the Texas Board of Orthotics and Prosthetics, or a three-member committee designated thereby, to temporarily suspend the license of a license holder should evidence or information indicate that continued practice by that license holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a license without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 21. Amends Chapter 605H, Occupations Code, by adding Section 605.356, as follows: Sec. 605.356 CRIMINAL PENALTY. Establishes that a person who knowingly practices, attempts to or offers to practice, orthotics or prosthetics without holding a required license commits a Class B misdemeanor. SECTION 22. Amends Chapter 605, Occupations Code, by adding Subchapter I, as follows: SUBCHAPTER I. ADMINISTRATIVE PENALTY Sec. 605.401. IMPOSITION OF ADMINISTRATIVE PENALTY. Authorizes the Texas Board of Orthotics and Prosthetics (board) to impose an administrative penalty on a license holder who violates the rules or orders of this chapter. Sec. 605.402 AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the penalty, with each day counting as a separate violation, ranges from $50 to $500 per violation. (b) Specifies the relevant criteria required to be factored into the calculation of the penalty. Sec. 605.403. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes the executive director to inform the board of a violation and recommend the imposition and amount of an administrative penalty. (b) Requires the executive director to provide, within 14 days of the report's issuance, the person with a written notice that includes a summary of the alleged violation, the recommended administrative penalty, and either information on the person's right to a hearing or the amount of the penalty or both. Sec. 605.404. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the person, within 10 days, to accept the determination and penalty or request a hearing. (b) Requires the board to approve the determination and impose the penalty if the person accepts the determination and penalty. Sec. 605.405. HEARING. Requires the executive director to set a hearing under certain circumstances and to provide written notification of the hearing to the person. Requires an administrative law judge of SOAH to hold the hearing and to promptly issue a decision on the violation and the penalty. Sec. 605.406. DECISION BY BOARD. Authorizes the board to determine, based on certain criteria, whether a violation occurred. Requires the board's order to include information on the person's right to judicial review of the order. Sec. 605.407. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the person, within 30 days of the board's order becoming final, either to pay the penalty or to file for judicial review or both. (b) Authorizes a person filing for judicial review under Subsection (a) to stay enforcement of a penalty in one of two ways: either by paying the penalty into an escrow account or provide the court with an appropriate bond; or to request the court to stay enforcement of the penalty by filing a sworn affidavit stating lack of financial ability to pay the penalty and providing it to the commissioner of public health by certified mail. (c) Authorizes the executive director to contest the affidavit within a specified time frame. (d) Requires the court to hold a hearing on the affidavit and to stay enforcement of the penalty upon verification of facts alleged in the affidavit of inability to pay the penalty. Specifies that the burden of proof is on the person filing the affidavit. Sec. 605.408. COLLECTION OF PENALTY. Authorizes the administrative penalty to be collected if it is not paid and the enforcement of the penalty is not stayed. Authorizes the attorney general to sue for collection of an unpaid penalty. Sec. 605.409. DETERMINATION BY COURT. Authorizes the court to uphold, reduce, or cancel the penalty depending upon whether it determines a violation has occurred. Sec. 605.410. REMITTANCE OF PENALTY AND INTEREST. Requires the court to order, when its judgment becomes final, that the appropriate amount of the administrative penalty plus accrued interest be remitted to the person if the person paid the penalty is paid but reduced or not upheld by the court. Provides that the interest on such a penalty accrues at a certain rate. Requires that a certain time frame be used to calculate the administrative penalty. Requires the court to order the release of a supersedeas bond when its order becomes final if the penalty is not upheld or to order the release of a supersedeas bond minus the amount by which the penalty is reduced if the penalty is reduced. Sec. 605.411. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under this subchapter is a contested case under Chapter 2001 (Administrative Procedure), Government Code. SECTION 23. Amends Chapter 701I, Occupations Code, by adding Section 701.408, as follows: Sec. 701.408. EMERGENCY SUSPENSION. (a) Requires the Texas State Board Examiners of Dietitians (dietitians board), or a three-member committee designated thereby, to temporarily suspend the license of a license holder should evidence or information indicate that continued practice by that license holder constitutes a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a license without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. SECTION 24. Amends Chapter 701, Occupations Code, by adding Subchapter K, as follows: SUBCHAPTER K. ADMINISTRATIVE PENALTY Sec. 701.501. IMPOSITION OF ADMINISTRATIVE PENALTY. Authorizes the dietitians board to impose an administrative penalty on a license holder who violates the rules or orders of this chapter. Sec. 701.502. AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the penalty, with each day counting as a separate violation, ranges from $50 to $500 per violation. (b) Specifies the relevant criteria required to be factored into calculation of the penalty. Sec. 701.503. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes the commissioner of public health (commissioner) to inform the dietitians board of a violation and to recommend the imposition and amount of an administrative penalty. (b) Requires the commissioner to provide, within 14 days of the report's issuance, the person with a written notice that includes a summary of the alleged violation, the recommended administrative penalty, and either information on the person's right to a hearing or the amount of the penalty or both. Sec. 701.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the person, within 10 days, to accept the determination and penalty or to request a hearing. (b) Requires the dietitians board to approve the determination and to impose the penalty if the person accepts the determination and penalty. Sec. 701.505. HEARING. Requires the commissioner to set a hearing under certain circumstances and to provide written notification of the hearing to the person. Requires an administrative law judge of SOAH to hold the hearing and to promptly issue a decision on the violation and the penalty. Sec. 701.506. DECISION BY DIETITIANS BOARD. Authorizes the dietitians board to determine, based on certain criteria, whether a violation occurred. Requires the board's order to include certain information on the person's right to judicial review of the order. Sec. 701.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the person, within 30 days of the board's order becoming final, either to pay the penalty or to file for judicial review or both. (b) Authorizes a person filing for judicial review under Subsection (a) to stay enforcement of a penalty in one of two ways: either by paying the penalty into an escrow account or provide the court with an appropriate bond; or to request the court to stay enforcement of the penalty by filing a sworn affidavit stating lack of financial ability to pay the penalty and providing it to the commissioner of public health by certified mail. (c) Authorizes the commissioner to contest the affidavit within a specified time frame. (d) Requires the court to hold a hearing on the affidavit and to stay enforcement of the penalty upon verification of facts alleged in the affidavit of inability to pay the penalty. Specifies that the burden of proof is on the person filing the affidavit. Sec. 701.508. COLLECTION OF PENALTY. Authorizes the administrative penalty to be collected if it is not paid and the enforcement of the penalty is not stayed. Authorizes the attorney general to sue for collection of an unpaid penalty. Sec. 701.509. DETERMINATION BY COURT. Authorizes the court to uphold, reduce, or cancel the penalty depending upon whether it determines a violation has occurred. Sec. 701.510. REMITTANCE OF PENALTY AND INTEREST. Requires the court to order, when its judgment becomes final, that the appropriate amount of the administrative penalty plus accrued interest be remitted to the person if the person paid the penalty is paid but reduced or not upheld by the court. Provides that the interest on such a penalty accrues at a certain rate. Requires that a certain time frame be used to calculate the administrative penalty. Requires the court to order the release of a supersedeas bond when its order becomes final if the penalty is not upheld or to order the release of a supersedeas bond minus the amount by which the penalty is reduced if the penalty is reduced. Sec. 701.511. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under this subchapter is a contested case under Chapter 2001 (Administrative Procedure), Government Code. SECTION 25. Amends Article 4413(51), V.T.C.S., by adding Sections 13D and 13E, as follows: Sec. 13D. EMERGENCY SUSPENSION. (a) Requires the Council on Sex Offender Treatment (council), or a three-member committee designated thereby, to temporarily suspend the registration of a registered sex offender treatment provider should evidence or information indicate that continued practice by that registration holder constitute a continuing and imminent threat to public welfare. (b) Authorizes the suspension of a registration without notice or hearing on the complaint under certain circumstances. (c) Requires SOAH to hold preliminary and final hearings regarding such a temporary suspension within a certain time frame. Sec. 13E. ADMINISTRATIVE PENALTY (a) Authorizes the council to impose an administrative penalty on a registration holder who violates this chapter or the rules or orders thereof. (b) Establishes that the penalty, with each day counting as a separate violation, ranges from $50 to $500 per violation. Specifies the relevant criteria required to be factored into the calculation of the penalty. (c) Authorizes the executive director to inform the council of a violation and to recommend the imposition and amount of an administrative penalty. (d) Requires the executive director to provide the person with a written notice within 14 days of issuance of the report, including a summary of the alleged violation, recommended administrative penalty, and the information on the person's right to a hearing. (e) Authorizes the person, within 10 days, to accept the determination and penalty or to request a hearing. (f) Requires the council to approve the determination and to impose the penalty if the person accepts the determination and penalty. (g) Establishes the circumstances under which the executive director is required to set a hearing. (h) Requires an administrative law judge of SOAH to hold the hearing. (i) Requires the administrative law judge to issue a proposal for a decision on the determination of a violation and the amount of the administrative penalty. (j) Authorizes the council to determine, based on certain criteria, whether a violation occurred. (k) Requires the council's order to include information on the person's right to judicial review of the order. (l) Requires the person to pay the penalty or file for judicial review within 30 days of the council's order becoming final. (m) Authorizes a person filing for judicial review to pay the penalty into an escrow account or to provide the court with an appropriate bond to stay enforcement of the penalty. Authorizes the person to request the court to stay enforcement of the penalty by filing a sworn affidavit stating lack of financial ability to pay the penalty and providing it to the executive director by certified mail. (n) Authorizes the executive director to contest the affidavit within a specified time frame. (o) Requires the court to hold a hearing on the affidavit and to render a decision. Specifies that the burden of proof is on the person filing the affidavit. (p) Authorizes the attorney general to sue for collection of an unpaid penalty. (q) Authorizes the court to uphold, reduce, or cancel the penalty depending upon whether it determines a violation has occurred. (r) Requires the court to remit money paid, plus interest, if the penalty is not upheld or the amount is reduced. (s) Requires the court to release the supersedeas bond if the penalty is not upheld for if the penalty amount is reduced, after the person has paid the reduced amount. (t) Specifies that a proceeding under this subchapter is a contested case under Chapter 2001 (Administrative Procedure), Government Code. SECTION 26. Effective date: September 1, 2003. Makes application of this act prospective.