78R7763 JMM-D
By: Capelo 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) "Licensing agency" means a health occupation
regulatory agency that is a member of the council.
(2) "Office" means the office of patient protection.
(b) The council shall establish an office of patient
protection.
Sec. 101.302. PUBLIC INFORMATION PROVIDED BY OFFICE. (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.
Sec. 101.303. ASSISTANCE TO PUBLIC. (a) The office shall
provide assistance to a person who files a complaint with a
licensing agency. The assistance under this section includes
assistance to a complainant in appealing a decision by the agency
that the complainant considers to be unsatisfactory.
(b) The office 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. 101.304. MONITORING OF AGENCIES. (a) The office shall
review and evaluate rules adopted 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 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. 101.305. FUNDING OF OFFICE. (a) To provide funding
sufficient for the office to exercise the powers and duties
prescribed by this subchapter, the initial licensing or
registration fee and renewal fee charged by each licensing agency
is increased by $1.
(b) The fees collected 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 101.305, Occupations Code, applies only to a fee collected
on or after January 1, 2004.