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By: Capelo, Allen, Pitts, Nixon H.B. No. 2985
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an office of patient protection
within the Health Professions Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 101, Occupations Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. OFFICE OF PATIENT PROTECTION
Sec. 101.301. GENERAL PROVISIONS. (a) In this subchapter:
(1) "Consumers as a class" means five or more
individuals whose complaints are of the same or similar regulatory
and factual circumstances and issues.
(2) "Licensing agency" means a health occupation
regulatory agency that is a member of the council.
(3) "Office" means the office of patient protection.
(b) The council shall establish an office of patient
protection within the council to represent the interests of
consumers in matters before licensing agencies.
Sec. 101.302. EXECUTIVE COMMITTEE; DIRECTOR. (a) The
governor shall appoint an executive committee consisting of at
least three members who are public members of the governing bodies
of licensing agencies. The executive committee shall appoint a
director for the office. The director shall be responsible for
administering the provisions of this subchapter.
(b) The director may not be:
(1) a health care professional licensed or certified
by a licensing agency;
(2) financially involved with the provision of health
care or with an entity that provides health care, including an
entity regulated by a licensing agency;
(3) an officer, employee, or paid consultant of a
trade association for a profession that is regulated by a licensing
agency;
(4) an officer, employee, or paid consultant of a
trade association for an entity regulated by the Texas Department
of Insurance; or
(5) required to register as a lobbyist under Chapter
305, Government Code, because of the person's activities for
compensation related to a person or organization subject to
regulation by a licensing agency.
Sec. 101.303. ADMINISTRATIVE ATTACHMENT TO COUNCIL;
REIMBURSEMENT. The office is located in the council but may not
interfere with the other duties of the council. The office shall
reimburse the council from fees received by the office under
Section 101.307 for administrative costs incurred by the council in
providing administrative support for the office.
Sec. 101.304. PUBLIC INFORMATION PROVIDED BY OFFICE;
STANDARD COMPLAINT FORM. (a) The office shall provide to the
public information about the complaint process at each licensing
agency.
(b) The office shall conduct a public awareness campaign to
increase awareness of the telephone complaint system under
Subchapter B.
(c) Through the use of the Internet and other information
and communications media, the office shall provide information to
the public in easily understood language regarding the complaint
procedures and sanctions processes used by the licensing agencies.
(d) The office, in cooperation with the licensing agencies,
shall adopt a standard complaint form that may be used by a member
of the public to file a complaint with a licensing agency. Each
licensing agency shall accept the form adopted under this section
in addition to any other form required by the agency.
Sec. 101.305. POWERS AND DUTIES OF OFFICE. (a) The office
shall:
(1) establish, in consultation with and on the
approval of the council, protocols for interaction with licensing
agencies;
(2) serve as the ombudsman for consumer complaints at
the licensing agencies on the request of an individual consumer;
(3) assist consumers in obtaining information about
the status of complaints; and
(4) review the Internet websites of licensing agencies
and make recommendations to the agencies on making public
information, including information relating to disciplinary
actions, understandable to and easily accessible by the public.
(b) The office may:
(1) appear at or present information or testimony to a
licensing agency on behalf of consumers as a class; and
(2) appeal the decisions of licensing agencies to the
governing body of the appropriate licensing agency on behalf of
consumers as a class but not for individual complainants.
(c) The office may not appeal an individual complainant's
case before any agency.
(d) The office is entitled to access to:
(1) complaints received by a licensing agency, unless
the access would jeopardize an ongoing investigation; and
(2) the public records of a licensing agency and the
records of a licensing agency that are filed with the State Office
of Administrative Hearings.
(e) The confidentiality requirements that apply to the
records of a licensing agency and the sanctions for disclosure of
confidential information apply to the office and to information
obtained by the office under Subsection (d).
Sec. 101.306. MONITORING OF AGENCIES. (a) The office shall
review and evaluate rules proposed for adoption by the licensing
agencies and changes made to the statutes that govern the operation
of the agencies and the professions regulated by the agencies.
(b) The office may report to the legislature and recommend
to licensing agencies changes in agency rules that, in the office's
judgment, would positively affect the interests of consumers.
(c) The office shall recommend changes to the statutes
described by Subsection (a) to the Sunset Advisory Commission
during the commission's review of the relevant licensing agency.
Sec. 101.307. FUNDING OF OFFICE. (a) To provide funding
sufficient for the office to exercise the powers and duties
prescribed by this subchapter:
(1) the initial licensing or registration fee charged
by each licensing agency is increased by $5; and
(2) the renewal fee charged by each licensing agency
is increased by $1 for each year for which the license or
registration is renewed.
(b) The fee increases authorized under this section shall be
collected in the same manner as the assessment under Section
101.006. The council may spend the fees collected under this
section only to fund the activities of the office under this
subchapter.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The Health Professions Council shall establish the
office of patient protection as required by this Act not later than
January 1, 2004. The Health Professions Council may establish a
schedule under which the office of patient protection shall begin
to perform the powers and duties prescribed by this Act on and after
the date the office is established.
(c) The change in law made by this Act by the enactment of
Section 101.307, Occupations Code, applies only to a fee collected
on or after January 1, 2004.