By: Zedler H.B. No. 3426

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas Department of Health Professions to regulate certain health professions, the transfer of certain powers and duties to the department, and the abolishment of certain state agencies and other licensing entities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. TEXAS DEPARTMENT OF HEALTH PROFESSIONS

SECTION 1.01. Subtitle A, Title 3, Occupations Code, is amended by adding Chapter 113 to read as follows:

CHAPTER 113. TEXAS DEPARTMENT OF HEALTH PROFESSIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 113.001. DEFINITIONS. In this chapter:

(1) "Advisory committee" means a health profession advisory committee established under Subchapter G.

(2) "Board" means the Health Professions Board.

(3) "Department" means the Texas Department of Health Professions.

(4) "Law governing a regulated health profession" means the following:

(A) Subtitles B, D, E, and J;

(B) Chapters 101, 201, 202, 204, 205, 206, 351, 453, 454, 501, and 801; and

(C) any other law that affects a regulated health profession and the enforcement of which is assigned to the department by the legislature.

(5) "License" means a license, certificate, registration, title, permit, or other authorization to engage in the practice of a regulated health profession.

(6) "License holder" means a person who holds a license to engage in the practice of a regulated health profession.

(7) "Regulated health profession" means the following health professions regulated by the department:

(A) physicians under Subtitle B;

(B) dentists, dental hygienists, and dental assistants under Subtitle D;

(C) nurses under Subtitle E;

(D) pharmacies, pharmacists, and pharmacy technicians under Subtitle J;

(E) chiropractors under Chapter 201;

(F) podiatrists under Chapter 202;

(G) physician assistants under Chapter 204;

(H) acupuncturists under Chapter 205;

(I) surgical assistants under Chapter 206;

(J) optometrists and therapeutic optometrists under Chapter 351;

(K) physical therapists and physical therapist assistants under Chapter 453;

(L) occupational therapists and occupational therapy assistants under Chapter 454;

(M) psychologists and psychological associates under Chapter 501; and

(N) veterinarians under Chapter 801.

Sec. 113.002. APPLICABILITY. This chapter applies to each regulated health profession. In the event of a conflict between this chapter and another law governing a regulated health profession, this chapter prevails.

Sec. 113.003. APPLICATION OF SUNSET ACT. The department is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2023.

[Sections 113.004-113.050 reserved for expansion]

SUBCHAPTER B. DEPARTMENT AND BOARD

Sec. 113.051. TEXAS DEPARTMENT OF HEALTH PROFESSIONS. (a) The Texas Department of Health Professions is the primary state agency responsible for the oversight of each regulated health profession and the administration of each law governing a regulated health profession.

(b) The department is governed by the board.

Sec. 113.052. HEALTH PROFESSIONS BOARD; MEMBERSHIP. (a) The board consists of 19 members appointed by the governor with the advice and consent of the senate as follows:

(1) one of each of the following:

(A) a physician who is a doctor of medicine, is practicing at the time of appointment, and has been licensed in this state for at least five years;

(B) a physician who is a doctor of osteopathic medicine, is practicing at the time of appointment, and has been licensed in this state for at least five years;

(C) a dentist practicing at the time of appointment who has been licensed in this state for at least five years;

(D) a dental hygienist practicing at the time of appointment who has been licensed in this state for at least five years;

(E) a registered nurse practicing at the time of appointment who has been licensed in this state for at least five years;

(F) a vocational nurse practicing at the time of appointment who has been licensed in this state for at least five years;

(G) an optometrist or therapeutic optometrist practicing at the time of appointment who has been licensed in this state for at least five years;

(H) a psychologist practicing at the time of appointment who has been licensed in this state for at least five years;

(I) a psychological associate practicing at the time of appointment who has been licensed in this state for at least five years;

(J) a pharmacist practicing at the time of appointment who has been licensed in this state for at least five years;

(K) a chiropractor practicing at the time of appointment who has been licensed in this state for at least five years;

(L) a physical therapist practicing at the time of appointment who has been licensed in this state for at least five years;

(M) an occupational therapist practicing at the time of appointment who has been licensed in this state for at least five years;

(N) a podiatrist practicing at the time of appointment who has been licensed in this state for at least five years; and

(O) a veterinarian practicing at the time of appointment who has been licensed in this state for at least five years; and

(2) four members who represent the public.

(b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

Sec. 113.053. TERMS. Members of the board serve staggered six-year terms, with either six or seven members' terms, as applicable, expiring February 1 of each odd-numbered year.

Sec. 113.054. ELIGIBILITY OF PUBLIC MEMBERS. A person may not be a public member of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by a regulatory agency in the field of health care;

(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department; or

(4) uses or receives a substantial amount of tangible goods, services, or money from the department other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

Sec. 113.055. MEMBERSHIP AND EMPLOYMENT RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b) A person may not be a member of the board and may not be an employee of the department employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.

(c) A person may not be a member of the board or act as the general counsel to the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.

Sec. 113.056. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board that a member:

(1) does not have at the time of taking office the qualifications required by Section 113.052;

(2) does not maintain during service on the board the qualifications required by Section 113.052;

(3) is ineligible for membership under Section 113.054 or 113.055;

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.

(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(c) If the executive director of the department has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Sec. 113.057. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.

(b) The training program must provide the person with information regarding:

(1) this chapter and the laws regulated by the board;

(2) the programs, functions, rules, and budget of the department;

(3) the results of the most recent formal audit of the department;

(4) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and

(5) any applicable ethics policies adopted by the board or the Texas Ethics Commission.

(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

Sec. 113.058. OFFICERS. (a) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor.

(b) The board shall elect an assistant presiding officer and a secretary-treasurer every two years.

Sec. 113.059. COMPENSATION; PER DIEM. (a) A board member may not receive compensation for the member's services.

(b) A member is entitled to a per diem and travel allowance for each day the member engages in board business at the rate set for state employees in the General Appropriations Act.

Sec. 113.060. MEETINGS. (a) The board shall hold at least two regular meetings each year.

(b) Additional meetings may be held at the call of the presiding officer.

(c) A board meeting may be held by telephone conference or other remote communications technology.

Sec. 113.061. PUBLIC TESTIMONY. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the department.

[Sections 113.062-113.100 reserved for expansion]

SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER PERSONNEL

Sec. 113.101. EXECUTIVE DIRECTOR. The board shall appoint an executive director of the department. The executive director serves at the will of the board.

Sec. 113.102. EXECUTIVE DIRECTOR POWERS AND DUTIES. (a) The executive director shall:

(1) perform any duty assigned by the board and other duties specified by law;

(2) administer and enforce the department's programs; and

(3) issue licenses as authorized by a law governing a regulated health profession.

(b) The executive director may delegate any power or duty assigned to the executive director unless prohibited by statute or rule.

(c) The executive director may:

(1) impose sanctions and issue orders relating to a sanction as provided by a law governing a regulated health profession; and

(2) assess an administrative penalty or issue an order relating to an administrative penalty as authorized by a law governing a regulated health profession.

Sec. 113.103. PERSONNEL. The executive director may employ persons to perform the department's work and may prescribe their duties and compensation, subject to the personnel policies adopted by the board and the board's approval of the budget.

Sec. 113.104. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the department.

Sec. 113.105. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all non-entry-level positions concurrently with any public posting.

(b) The executive director or the executive director's designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for department employees must be based on the system established under this subsection.

Sec. 113.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.

(b) The policy statement must include:

(1) personnel policies, including policies relating to recruitment, evaluation, selection, application, training, and promotion of personnel, that are in compliance with Chapter 21, Labor Code; and

(2) an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(c) The policy statement must be:

(1) updated annually;

(2) reviewed by the civil rights division of the Texas Workforce Commission for compliance with Subsection (b)(1); and

(3) filed with the governor.

[Sections 113.107-113.150 reserved for expansion]

SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT AND BOARD

Sec. 113.151. POWERS AND DUTIES OF DEPARTMENT. The department has the licensing, enforcement, and regulatory powers and duties provided by each law governing a regulated health profession.

Sec. 113.152. POWERS AND DUTIES OF BOARD. (a) The board shall:

(1) adopt rules as necessary to implement this chapter and each law governing a regulated health profession;

(2) supervise the executive director's administration of the department;

(3) formulate the policy objectives for the department; and

(4) approve the department's operating budget and the department's requests for legislative appropriations.

(b) The board may adopt rules as necessary for its own procedures.

Sec. 113.153. ADMINISTRATION OF HEALTH PROFESSIONS COUNCIL. The board shall administer the health professions council under Chapter 101 and perform the duties assigned to the council under that chapter.

Sec. 113.154. USE OF TECHNOLOGY. The board shall develop and implement a policy requiring the executive director and department employees to research and propose appropriate technological solutions to improve the department's ability to perform its functions. The technological solutions must:

(1) ensure that the public is able to easily find information about the department on the Internet;

(2) ensure that persons who want to use the department's services are able to:

(A) interact with the department through the Internet; and

(B) access any service that can be provided effectively through the Internet; and

(3) be cost-effective and developed through the department's planning processes.

Sec. 113.155. METHOD OF MAKING PAYMENTS. (a) The board may authorize payment of regulatory fees, fines, penalties, and charges for goods and services through:

(1) an electronic payment method; or

(2) a credit card issued by a financial institution chartered by a state or the United States or issued by a nationally recognized credit organization approved by the board.

(b) A payment by a method under this section may be made in person, by telephone, or through the Internet.

(c) The board may require a person who makes a payment to the department through an electronic payment method or credit card to pay a discount or service charge in an amount reasonable and necessary to reimburse the board for the costs involved in processing the payment.

(d) The board may adopt rules as necessary to implement this section.

[Sections 113.156-113.200 reserved for expansion]

SUBCHAPTER E. LICENSING OF REGULATED HEALTH PROFESSIONS

Sec. 113.201. LICENSING AUTHORITY. The department is the sole state agency with authority to issue a license to a person for the practice of a regulated health profession and to exercise powers and duties related to licensing provided by a law governing a regulated health profession.

[Sections 113.202-113.250 reserved for expansion]

SUBCHAPTER F. PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 113.251. INSPECTIONS AND INVESTIGATIONS. (a) The department may conduct inspections or investigations as necessary to enforce the laws administered by the department.

(b) The department, during reasonable business hours, may:

(1) enter the business premises of a license holder or a person suspected of being in violation of or threatening to violate a law governing a regulated health profession or a rule or order of the board or order of the executive director related to a regulated health profession; and

(2) examine and copy records pertinent to the inspection or investigation.

Sec. 113.252. SUBPOENAS. (a) The department may issue a subpoena as provided by this section.

(b) The department may request and, if necessary, compel by subpoena:

(1) the production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter, a law governing a regulated health profession, a rule adopted or order issued by the board, or an order issued by the executive director; and

(2) the attendance of a witness for examination under oath.

(c) A subpoena under this section may be issued throughout this state and may be served by any person designated by the board or the executive director.

(d) The department, acting through the attorney general, may bring an action to enforce a subpoena issued under this section against a person who fails to comply with the subpoena.

(e) Venue for an action brought under this section is in a district court in:

(1) Travis County; or

(2) any county in which the department may hold a hearing.

(f) The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.

Sec. 113.253. CEASE AND DESIST ORDER. The executive director may issue a cease and desist order if the executive director determines that the action is necessary to prevent a violation of:

(1) this chapter;

(2) a law governing a regulated health profession; or

(3) a rule adopted or order issued by the board or an order issued by the executive director.

[Sections 113.254-113.300 reserved for expansion]

SUBCHAPTER G. HEALTH PROFESSION ADVISORY COMMITTEES

Sec. 113.301. HEALTH PROFESSION ADVISORY COMMITTEES. (a) Each advisory committee authorized by this subchapter is an informal advisory committee to the department and is not subject to Chapter 2110, Government Code.

(b) An advisory committee has no independent rulemaking authority.

Sec. 113.302. APPOINTMENT OF ADVISORY COMMITTEES. (a) The governor shall appoint one advisory committee for each of the regulated health professions listed in Sec. 113.001(7) to advise the department concerning that health profession.

(b) Each advisory committee consists of five members. Three members must be practicing in the regulated health profession applicable to the advisory committee to which the member is appointment and must have been licensed in this state for at least five years. Two members must represent the public.

(c) Appointments to an advisory committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

Sec. 113.303. ELIGIBILITY OF PUBLIC MEMBERS. A person may not be a public member of an advisory committee if the person or the person's spouse:

(1) is registered, certified, or licensed by a regulatory agency in the field of health care;

(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department; or

(4) uses or receives a substantial amount of tangible goods, services, or money from the department other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

Sec. 113.304. MEMBERSHIP RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b) A person may not be a member of an advisory committee if:

(1) the person is an officer, employee, or paid consultant of a Texas trade association related to a regulated health profession; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association related to a regulated health profession.

(c) A person may not be a member of an advisory committee if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a regulated health profession.

Sec. 113.305. TERMS; VACANCY. (a) Members of an advisory committee are appointed for staggered four-year terms, with either two or three members' terms, as applicable, expiring February 1 of each odd-numbered year.

(b) If a vacancy occurs during a member's term, the governor shall appoint a new member to fill the unexpired term.

Sec. 113.306. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the advisory committee that a member:

(1) does not have at the time of appointment the qualifications required by Section 113.302;

(2) does not maintain during service on the advisory committee the qualifications required by Section 113.302;

(3) is ineligible for membership under Section 113.303; or

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term.

(b) The validity of an action of the advisory committee is not affected by the fact that it is taken when a ground for removal of a member exists.

Sec. 113.307. OFFICERS. The governor shall designate a member of each advisory committee to serve as the presiding officer of that committee to serve in that capacity at the pleasure of the governor.

Sec. 113.308. PER DIEM. An advisory committee member is not entitled to reimbursement for travel expenses or compensation.

Sec. 113.309. MEETINGS. (a) Each advisory committee shall meet as requested by the department.

(b) A meeting may be held by telephone conference or other remote communications technology.

Sec. 113.310. DUTIES. (a) An advisory committee shall make recommendations to the board regarding:

(1) rules necessary to administer and enforce a law governing a regulated health profession;

(2) qualifications required for a person to obtain a license to practice a regulated health profession, including education, training, and examination requirements;

(3) mandatory continuing education requirements; and

(4) disciplinary matters before the board.

(b) An advisory committee shall perform additional duties at the direction of the board.

ARTICLE 2. CHANGES TO LAWS GOVERNING REGULATED HEALTH PROFESSIONS

SECTION 2.01. Section 101.001, Occupations Code, is amended to read as follows:

Sec. 101.001. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS [COUNCIL]. In this chapter, "council" means the Texas Department of Health Professions [Council].

SECTION 2.02. Subchapter B, Chapter 151, Occupations Code, is amended by adding Section 151.0511 to read as follows:

Sec. 151.0511. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas Medical Board;

(2) a reference in this subtitle to the board or the Texas Medical Board means the Texas Department of Health Professions; and

(3) a reference in any other law to the former Texas State Board of Medical Examiners or the Texas Medical Board means the Texas Department of Health Professions.

(b) To the extent of any conflict between this subtitle and Chapter 113, Chapter 113 controls.

SECTION 2.03. Subchapter A, Chapter 201, Occupations Code, is amended by adding Section 201.0011 to read as follows:

Sec. 201.0011. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas Board of Chiropractic Examiners;

(2) a reference in this chapter to the board means the Texas Department of Health Professions; and

(3) a reference in any other law to the Texas Board of Chiropractic Examiners means the Texas Department of Health Professions.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.04. Subchapter A, Chapter 202, Occupations Code, is amended by adding Section 202.0011 to read as follows:

Sec. 202.0011. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas State Board of Podiatric Medical Examiners;

(2) a reference in this chapter to the board means the Texas Department of Health Professions; and

(3) a reference in any other law to the Texas State Board of Podiatric Medical Examiners means the Texas Department of Health Professions.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.05. Subchapter A, Chapter 204, Occupations Code, is amended by adding Section 204.0021 to read as follows:

Sec. 204.0021. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas Medical Board and the Texas Physician Assistant Board;

(2) a reference in this chapter to the medical board means the Health Professions Board and a reference in this chapter to the physician assistant board means the Texas Department of Health Professions; and

(3) a reference in any other law to the former Texas State Board of Physician Assistant Examiners or the Texas Physician Assistant Board means the Texas Department of Health Professions.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.06. Subchapter A, Chapter 205, Occupations Code, is amended by adding Section 205.002 to read as follows:

Sec. 205.002. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas Medical Board and the Texas State Board of Acupuncture Examiners;

(2) a reference in this chapter to the medical board means the Health Professions Board and a reference in this chapter to the acupuncture board means the Texas Department of Health Professions; and

(3) a reference in any other law to the Texas State Board of Acupuncture Examiners means the Texas Department of Health Professions.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.07. Subchapter A, Chapter 206, Occupations Code, is amended by adding Section 206.0011 to read as follows:

Sec. 206.0011. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law, a reference in this chapter to the advisory committee means the Texas Department of Health Professions and a reference in this chapter to the medical board means the Health Professions Board.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.08. Chapter 251, Occupations Code, is amended by adding Section 251.0021 to read as follows:

Sec. 251.0021. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the State Board of Dental Examiners;

(2) a reference in this subtitle to the board or the State Board of Dental Examiners means the Texas Department of Health Professions; and

(3) a reference in any other law to the State Board of Dental Examiners means the Texas Department of Health Professions.

(b) To the extent of any conflict between this subtitle and Chapter 113, Chapter 113 controls.

SECTION 2.09. Subchapter A, Chapter 301, Occupations Code, is amended by adding Section 301.0021 to read as follows:

Sec. 301.0021. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas Board of Nursing;

(2) a reference in this subtitle to the board or the Texas Board of Nursing means the Texas Department of Health Professions; and

(3) a reference in any other law to the former Board of Nurse Examiners or the Texas Board of Nursing means the Texas Department of Health Professions.

(b) To the extent of any conflict between this subtitle and Chapter 113, Chapter 113 controls.

SECTION 2.10. Subchapter A, Chapter 351, Occupations Code, is amended by adding Section 351.0021 to read as follows:

Sec. 351.0021. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas Optometry Board;

(2) a reference in this chapter to the board means the Texas Department of Health Professions; and

(3) a reference in any other law to the Texas Optometry Board means the Texas Department of Health Professions.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.11. Subchapter A, Chapter 453, Occupations Code, is amended by adding Section 453.0011 to read as follows:

Sec. 453.0011. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas Board of Physical Therapy Examiners;

(2) a reference in this chapter to the board or the executive council means the Texas Department of Health Professions; and

(3) a reference in any other law to the Texas Board of Physical Therapy Examiners or the Executive Council of Physical Therapy and Occupational Therapy Examiners means the Texas Department of Health Professions.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.12. Section 453.101, Occupations Code, is amended to read as follows:

Sec. 453.101. GENERAL POWERS AND DUTIES. The [Except as provided by Chapter 452, the] board shall administer and enforce this chapter.

SECTION 2.13. Subchapter A, Chapter 454, Occupations Code, is amended by adding Section 454.0021 to read as follows:

Sec. 454.0021. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas Board of Occupational Therapy Examiners;

(2) a reference in this chapter to the board or the executive council means the Texas Department of Health Professions; and

(3) a reference in any other law to the Texas Board of Occupational Therapy Examiners or the Executive Council of Physical Therapy and Occupational Therapy Examiners means the Texas Department of Health Professions.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.14. Section 454.101, Occupations Code, is amended to read as follows:

Sec. 454.101. GENERAL POWERS AND DUTIES. The [Except as provided by Chapter 452, the] board shall administer and enforce this chapter.

SECTION 2.15. Subchapter A, Chapter 501, Occupations Code, is amended by adding Section 501.0021 to read as follows:

Sec. 501.0021. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas State Board of Examiners of Psychologists;

(2) a reference in this chapter to the board means the Texas Department of Health Professions; and

(3) a reference in any other law to the Texas State Board of Examiners of Psychologists means the Texas Department of Health Professions.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.16. Chapter 551, Occupations Code, is amended by adding Section 551.0031 to read as follows:

Sec. 551.0031. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the Texas State Board of Pharmacy;

(2) a reference in this subtitle to the board or the Texas State Board of Pharmacy means the Texas Department of Health Professions; and

(3) a reference in any other law to the Texas State Board of Pharmacy means the Texas Department of Health Professions.

(b) To the extent of any conflict between this subtitle and Chapter 113, Chapter 113 controls.

SECTION 2.17. Subchapter A, Chapter 801, Occupations Code, is amended by adding Section 801.0021 to read as follows:

Sec. 801.0021. ADMINISTRATION BY TEXAS DEPARTMENT OF HEALTH PROFESSIONS; CONFLICT WITH OTHER LAW. (a) Notwithstanding any other law:

(1) the Texas Department of Health Professions shall exercise all powers and duties formerly exercised by the State Board of Veterinary Medical Examiners;

(2) a reference in this chapter to the board means the Texas Department of Health Professions; and

(3) a reference in any other law to the State Board of Veterinary Medical Examiners means the Texas Department of Health Professions.

(b) To the extent of any conflict between this chapter and Chapter 113, Chapter 113 controls.

SECTION 2.18. The following provisions of the Occupations Code are repealed:

(1) Sections 101.002, 101.003, and 101.004;

(2) Section 151.004;

(3) Subchapter A, Chapter 152;

(4) Sections 152.051, 152.056, 152.057, 152.058, and 152.059;

(5) Section 201.004;

(6) Subchapters B and C, Chapter 201;

(7) Section 202.002;

(8) Subchapters B and C, Chapter 202;

(9) Subchapter B, Chapter 204;

(10) Subchapter B, Chapter 205;

(11) Subchapter B, Chapter 206;

(12) Section 251.005;

(13) Chapter 252;

(14) Sections 253.001, 253.004, 253.005, 253.006, and 253.007;

(15) Section 262.001(1);

(16) Subchapter B, Chapter 262;

(17) Sections 262.102(c), 262.1025, and 262.103;

(18) Sections 301.003 and 301.005;

(19) Subchapter B, Chapter 301;

(20) Sections 301.105, 301.106, 301.107, and 301.108;

(21) Section 351.004;

(22) Subchapter B, Chapter 351;

(23) Sections 351.105, 351.106, 351.107, and 351.108;

(24) Subchapters A, B, and C, Chapter 452;

(25) Sections 453.002 and 453.003;

(26) Subchapter B, Chapter 453;

(27) Section 454.003;

(28) Subchapter B, Chapter 454;

(29) Section 501.005;

(30) Subchapter B, Chapter 501;

(31) Sections 501.101, 501.103, 501.104, and 501.105;

(32) Section 551.005;

(33) Chapter 552;

(34) Sections 553.001, 553.002, 553.003, 553.005, 553.007, 553.008, 553.009, and 553.010;

(35) Section 801.003;

(36) Subchapter B, Chapter 801; and

(37) Sections 801.101, 801.104, 801.105, 801.106, and 801.107.

ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE

SECTION 3.01. (a) As soon as possible after the effective date of this Act, the governor shall appoint the members of the Health Professions Board in accordance with Subchapter B, Chapter 113, Occupations Code, as added by this Act. In making the initial appointments, the governor shall designate six members for terms expiring February 1, 2013, six members for terms expiring February 1, 2015, and seven members for terms expiring February 1, 2017.

(b) As soon as possible after the effective date of this Act, the governor shall appoint the members of the health profession advisory committees in accordance with Subchapter G, Chapter 113, Occupations Code, as added by this Act.

SECTION 3.02. The presiding officer of the Health Professions Board shall call the initial meeting of the board as soon as possible after the board members are appointed.

SECTION 3.03. (a) On the date specified in the transition plan required under Section 3.04 of this article, the following powers, duties, functions, programs, and activities are transferred to the Health Professions Board and the Texas Department of Health Professions:

(1) all powers, duties, functions, programs, and activities of a state agency or entity abolished by Section 3.05 of this article; and

(2) all rulemaking and policymaking authority of a state agency or entity abolished by Section 3.05 of this article.

(b) On the date specified as described by Subsection (a) of this section:

(1) all obligations and contracts of a state agency or entity abolished by Section 3.05 of this article that are related to a power, duty, function, program, or activity transferred under Subsection (a) of this section are transferred to the Texas Department of Health Professions;

(2) all property and records in the custody of a state agency or entity abolished by Section 3.05 of this article that are related to a power, duty, function, program, or activity transferred under Subsection (a) of this section and all funds appropriated by the legislature for the power, duty, function, program, or activity shall be transferred to the Texas Department of Health Professions; and

(3) all complaints, investigations, or contested cases that are pending before a state agency or entity abolished by Section 3.05 of this article or the governing body of the agency or entity and that are related to a power, duty, function, program, or activity transferred under Subsection (a) of this section are transferred without change in status to the Texas Department of Health Professions.

(c) A rule or form adopted by a state agency or entity abolished by Section 3.05 of this article that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section is a rule or form of the Texas Department of Health Professions and remains in effect until altered by the Health Professions Board.

(d) A reference in law to a state agency or entity abolished by Section 3.05 of this article, or to the governing body of the agency or entity, that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section means the Health Professions Board for a power or duty of the board described by Subchapter D, Chapter 113, Occupations Code, as added by this Act, and means the Texas Department of Health Professions for all other transferred powers, duties, functions, programs, or activities.

(e) A license, permit, or certification in effect that was issued by a state agency or entity abolished by Section 3.05 of this article and that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section is continued in effect as a license, permit, or certification of the Texas Department of Health Professions.

SECTION 3.04. (a) The transfer of powers, duties, functions, programs, and activities under Section 3.03 of this article to the Health Professions Board and the Texas Department of Health Professions must be accomplished in accordance with a schedule included in a transition plan developed by the executive director of the Texas Department of Health Professions, the presiding officer of the Health Professions Board, and the executive director or comparable official responsible for the administration of each state agency or entity abolished by Section 3.05. The transition plan must be submitted to the governor, lieutenant governor, and speaker of the house of representatives not later than January 1, 2012.

(b) The transition plan must provide for the transfer of powers, duties, functions, programs, and activities under Section 3.03 of this article to the Health Professions Board and the Texas Department of Health Professions in a careful and deliberative manner, to be completed on or before June 1, 2013.

SECTION 3.05. (a) The following state agencies and entities are abolished on the date on which their respective powers, duties, functions, programs, and activities are transferred according to the transition plan described by Section 3.04 of this article:

(1) the Health Professions Council;

(2) the Texas Medical Board;

(3) the Texas Board of Chiropractic Examiners;

(4) the Texas State Board of Podiatric Medical Examiners;

(5) the Texas Physician Assistant Board;

(6) the Texas State Board of Acupuncture Examiners;

(7) the surgical assistant advisory committee created under Chapter 206, Occupations Code;

(8) the State Board of Dental Examiners;

(9) the Texas Board of Nursing;

(10) the Texas Optometry Board;

(11) the Texas Board of Physical Therapy Examiners;

(12) the Texas Board of Occupational Therapy Examiners;

(13) the Executive Council of Physical Therapy and Occupational Therapy Examiners;

(14) the Texas State Board of Examiners of Psychologists;

(15) the Texas State Board of Pharmacy; and

(16) the State Board of Veterinary Medical Examiners.

(b) The abolition of a state agency or entity listed in Subsection (a) of this section and the transfer of its powers, duties, functions, programs, activities, obligations, rights, contracts, records, property, funds, and employees as provided by this article do not affect or impair an act done, any obligation, right, order, permit, certificate, rule, criterion, standard, or requirement existing, or any penalty accrued under former law, and that law remains in effect for any action concerning those matters.

SECTION 3.06. This Act takes effect September 1, 2011.