Amend CSHB 7 in SECTION 1.034 of the bill, Sec. 402.168, Labor 
Code (Committee Substitute page 31), by striking lines 13 through 
21, and substituting the following:
	"Sec. 402.168 [402.072]. SANCTIONS. (a)  The department may 
impose sanctions against any individual or entity monitored or 
regulated by the department under this subtitle. 
	(b)  The commissioner by rule shall establish criteria for 
imposing sanctions pursuant to this subtitle. Rules adopted under 
this section are in addition to, and do not affect, the rules 
adopted under Section 415.023(b).
	(c)  The criteria for recommending or imposing sanctions may 
include anything the commissioner considers relevant, including:
		(1)  a sanction of the doctor or other health care 
provider by the department for a violation of Chapter 413 or Chapter 
415;
		(2)  a sanction by the Medicare or Medicaid program for:               
			(A)  substandard medical care;                                        
			(B)  overcharging;                                                    
			(C)  overutilization of medical services; or                          
			(D)  any other substantive noncompliance with 
requirements of those programs regarding professional practice or 
billing;
		(3)  evidence from the department's medical records that 
the applicable insurance carrier's utilization review practices or 
the doctor's or health care provider's charges, fees, diagnoses, 
treatments, evaluations, or impairment ratings are substantially 
different from those the department finds to be fair and reasonable 
based on either a single determination or a pattern of practice;
		(4)  a suspension or other relevant practice 
restriction of the doctor's or other health care provider's license 
by an appropriate licensing authority;
		(5)  professional failure to practice medicine or 
provide health care, including chiropractic care, in an acceptable 
manner consistent with the public health, safety, and welfare;
		(6)  findings of fact and conclusions of law made by a 
court, an administrative law judge of the State Office of 
Administrative Hearings, or a licensing or regulatory authority; or
		(7)  an initial criminal conviction, including a 
pleading of guilty or nolo contendere, or agreeing to an order of 
probation without adjudication of guilt under deferred 
adjudication, without regard to whether a subsequent order allows a 
withdrawal of a plea of guilty; sets aside a verdict of guilty; or 
dismisses an information or indictment.
	(d)  The commissioner by rule shall establish procedures 
under which an individual or entity may apply for restoration of 
practice privileges removed by the commissioner based on sanctions 
imposed under this subtitle.
	(e)  The department shall act on a recommendation by the 
medical advisor selected under Section 413.0511 and, after notice 
and the opportunity for a hearing, may impose sanctions under this 
section on a doctor or other health care provider or an insurance 
carrier or may recommend action regarding a utilization review 
agent.
	(f)  Sanctions may include:                                             
		(1)  a sanction that deprives a person of the right to 
practice before the department under this subtitle or of the right 
to receive remuneration under this subtitle;
		(2)  suspension or revocation of a certificate of 
authority, license, certification, or permit required for practice 
in the field of workers' compensation;
		(3)  authorizing increased or reduced utilization 
review and preauthorization controls on a doctor or other health 
care provider;
		(4)  reduction of allowable reimbursement;                             
		(5)  mandatory preauthorization of all or certain 
health care services;
		(6)  required peer review monitoring, reporting, and 
audit;          
		(7)  deletion or suspension from the designated doctor 
list;         
		(8)  restrictions on appointment under this chapter;                   
		(9)  conditions or restrictions on an insurance carrier 
regarding actions by insurance carriers under this subtitle in 
accordance with the memorandum of understanding adopted between the 
commission and the Texas Department of Insurance regarding Article 
21.58A, Insurance Code;
		(10)  mandatory participation in training classes or 
other courses as established or certified by the commission; and
		(11)  other appropriate sanction.                                      
	(g)  Only the commissioner may impose:                                  
		(1)  a sanction that deprives a person of the right to 
practice before the department under this subtitle or of the right 
to receive remuneration under this subtitle for a period exceeding 
30 days; or
		(2)  another sanction suspending for more than 30 days 
or revoking a certificate of authority, license, certification, or 
permit required for practice in the field of workers' compensation.
	(h)  A sanction imposed by the department is binding pending 
appeal.".