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AN ACT
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relating to the issuance of remedial plans to resolve complaints |
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filed with the Texas Optometry Board; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 351, Occupations Code, is |
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amended by adding Section 351.509 to read as follows: |
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Sec. 351.509. REMEDIAL PLAN. (a) The board may issue and |
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establish the terms of a remedial plan to resolve the investigation |
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of a complaint filed under this chapter. |
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(b) A remedial plan may not contain a provision that: |
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(1) revokes, suspends, limits, or restricts a person's |
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license or other authorization to practice optometry or therapeutic |
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optometry; or |
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(2) assesses an administrative penalty against a |
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person. |
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(c) A remedial plan may not be imposed to resolve a |
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complaint: |
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(1) concerning: |
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(A) a death; |
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(B) a hospitalization; or |
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(C) the commission of a felony; or |
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(2) in which the appropriate resolution may involve a |
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restriction on the manner in which a license holder practices |
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optometry or therapeutic optometry. |
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(d) The board may not issue a remedial plan to resolve a |
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complaint against a license holder if the license holder has |
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entered into a remedial plan with the board in the preceding 24 |
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months for the resolution of a different complaint filed under this |
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chapter. |
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(e) If a license holder complies with and successfully |
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completes the terms of a remedial plan, the board shall remove all |
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records of the remedial plan from the board's records on the second |
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anniversary of the date the license holder successfully completes |
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the remedial plan. |
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(f) The board may assess a fee against a license holder |
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participating in a remedial plan in an amount necessary to recover |
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the costs of administering the plan. |
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(g) The board shall adopt rules necessary to implement this |
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section. |
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SECTION 2. The Texas Optometry Board shall adopt rules |
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under Section 351.509, Occupations Code, as added by this Act, not |
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later than January 1, 2014. |
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SECTION 3. Section 351.509, Occupations Code, as added by |
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this Act, applies only to a complaint under Chapter 351, |
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Occupations Code, filed on or after the effective date of this Act. |
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A complaint under Chapter 351, Occupations Code, filed before that |
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date is governed by the law in effect on the date the complaint was |
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filed, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2627 was passed by the House on April |
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25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2627 was passed by the Senate on May |
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20, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |