84R5322 MAW-F

By: Coleman H.B. No. 4113

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of speech-language pathologists and audiologists by the Executive Council of Physical Therapy and Occupational Therapy Examiners; providing a fee.

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

SECTION 1. Section 401.001(4), Occupations Code, is amended to read as follows:

(4) "Executive council" ["Department"] means the Executive Council of Examiners of Physical Therapists, Occupational Therapists, and Speech-Language Pathologists and Audiologists [Department of State Health Services].

SECTION 2. Subchapter A, Chapter 401, Occupations Code, is amended by adding Section 401.003 to read as follows:

Sec. 401.003. CONFLICT WITH OTHER LAW. To the extent of any conflict between this chapter and Chapter 452, Chapter 452 controls.

SECTION 3. Section 401.053, Occupations Code, is amended to read as follows:

Sec. 401.053. PERSONS TRAINED BY DEPARTMENT OF STATE HEALTH SERVICES. (a) In this section, "department" means the Department of State Health Services.

(a-1) This chapter does not apply to a person who shows evidence of having received training by the department in a communication, speech, language, or hearing screening training program approved by the department if the person's activity is limited to screening as defined by board rule.

(b) A person who has received training by the department in a program under Subsection (a-1) [(a)] may not:

(1) practice speech-language pathology or audiology; or

(2) represent that the person is a speech-language pathologist or audiologist.

SECTION 4. Section 401.103, Occupations Code, is amended to read as follows:

Sec. 401.103. ELIGIBILITY OF PUBLIC MEMBERS. A person may not be a public member of the board, other than the public member described by Section 401.102(d), if the person or the person's spouse:

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

(2) is employed by or participating in the management of an agency or business entity that:

(A) provides health care services;

(B) sells, manufactures, or distributes health care supplies or equipment; or

(C) receives money from the board or executive council [the department];

(3) owns, controls, or has a direct or indirect interest of more than 10 percent in a business entity that:

(A) provides health care services;

(B) sells, manufactures, or distributes health care supplies or equipment; or

(C) receives money from the board or executive council [department]; or

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

SECTION 5. Section 401.104(b), Occupations Code, is amended to read as follows:

(b) A person may not serve as a member of the board [or act as the general counsel to the board] if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities in a health-related area.

SECTION 6. The heading to Subchapter D, Chapter 401, Occupations Code, is amended to read as follows:

SUBCHAPTER D. [BOARD] PERSONNEL

SECTION 7. Section 401.151, Occupations Code, is amended to read as follows:

Sec. 401.151. EMPLOYEES. The board may request the executive council to assign [department shall provide] administrative and clerical employees necessary to administer the board's functions [this chapter].

SECTION 8. Section 401.152, Occupations Code, is amended to read as follows:

Sec. 401.152. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the executive council [board].

SECTION 9. The heading to Subchapter E, Chapter 401, Occupations Code, is amended to read as follows:

SUBCHAPTER E. [BOARD AND DEPARTMENT] POWERS AND DUTIES

SECTION 10. Section 401.201(a), Occupations Code, is amended to read as follows:

(a) Except as provided by Chapter 452 [With the assistance of the department], the board shall:

(1) administer, coordinate, and enforce this chapter;

(2) evaluate the qualifications of license applicants;

(3) provide for the examination of license applicants;

(4) in connection with a hearing under Section 401.454, issue subpoenas, examine witnesses, and administer oaths under the laws of this state;

(5) conduct hearings and keep records and minutes necessary to the orderly administration of this chapter; and

(6) investigate persons engaging in practices that violate this chapter.

SECTION 11. Section 401.2021, Occupations Code, is amended to read as follows:

Sec. 401.2021. JOINT RULES FOR HEARING INSTRUMENTS. The [With the assistance of the department, the] board and the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments shall jointly adopt rules to establish requirements for each sale of a hearing instrument. The rules must:

(1) address:

(A) the information and other provisions required in each written contract for the purchase of a hearing instrument;

(B) records that must be retained under this chapter or Chapter 402; and

(C) guidelines for the 30-day trial period during which a person may cancel the purchase of a hearing instrument; and

(2) require that the written contract and 30-day trial period information provided to a purchaser of a hearing instrument be in plain language designed to be easily understood by the average consumer.

SECTION 12. Section 401.2022, Occupations Code, is amended to read as follows:

Sec. 401.2022. JOINT RULES FOR FITTING AND DISPENSING OF HEARING INSTRUMENTS BY TELEPRACTICE. The [With the assistance of the department, the] board and the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments shall jointly adopt rules to establish requirements for the fitting and dispensing of hearing instruments by the use of telepractice.

SECTION 13. Section 401.204, Occupations Code, is amended to read as follows:

Sec. 401.204. FEES. [(a)] The board may recommend to the executive council [by rule shall establish fees in amounts] reasonable and necessary [so that the] fees for licenses issued or services performed under this chapter that in the aggregate provide [are] sufficient revenue to cover the costs of administering this chapter.

[(b) All expenses for the administration of this chapter shall be paid from fees collected by the board under this chapter.]

SECTION 14. Section 401.252, Occupations Code, is amended to read as follows:

Sec. 401.252. RECORDS OF COMPLAINTS. (a) The board shall keep an information file about each complaint filed with the executive council and referred to the board. The file must be current and contain a record for each complaint of:

(1) each person contacted in relation to the complaint;

(2) a summary of findings made at each step of the complaint process;

(3) for a complaint that is dismissed, an explanation of the legal basis and reason for dismissal;

(4) the schedule established for the complaint under Section 401.253(b)(2) and a notation of any change in the schedule; and

(5) other relevant information.

(b) If a written complaint is received by [filed with] the board that the board has authority to resolve, the board, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.

SECTION 15. Section 401.253(a), Occupations Code, is amended to read as follows:

(a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules must:

(1) distinguish among categories of complaints;

(2) ensure that a complaint is not dismissed without appropriate consideration;

(3) require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint;

(4) ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; [and]

(5) prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator; and

(6) require the board to advise the executive council of complaints that have been disposed of.

SECTION 16. Section 401.302(a), Occupations Code, is amended to read as follows:

(a) The board shall issue a license to an applicant who meets the requirements of this chapter and who pays to the executive council [board] the initial nonrefundable license fee.

SECTION 17. Section 401.3041(d), Occupations Code, is amended to read as follows:

(d) The executive council [Department of State Health Services] on behalf of the board may:

(1) enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section; and

(2) authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history check.

SECTION 18. Section 401.352(a), Occupations Code, is amended to read as follows:

(a) Each licensed speech-language pathologist or audiologist must annually pay to the executive council the nonrefundable fee for license renewal. The board shall allow a 60-day grace period. After expiration of the grace period, the board may renew a license on payment to the executive council of a late fee [penalty] set by the executive council [board rule].

SECTION 19. Section 401.353(b), Occupations Code, is amended to read as follows:

(b) The person must pay to the executive council [board] a fee that is equal to the amount of the license examination fee.

SECTION 20. Section 401.455(b), Occupations Code, is amended to read as follows:

(b) Rules adopted under Subsection (a) must:

(1) provide the complainant, if applicable and permitted by law, an opportunity to be heard;

(2) provide the license holder an opportunity to be heard; and

(3) require the presence of [a legal representative of the department who represents the board or] the board's legal counsel [employees] or a representative of the attorney general to advise the board or the board's employees.

SECTION 21. The heading to Chapter 452, Occupations Code, is amended to read as follows:

CHAPTER 452. EXECUTIVE COUNCIL OF EXAMINERS OF PHYSICAL THERAPISTS,

[THERAPY AND] OCCUPATIONAL THERAPISTS, AND SPEECH-LANGUAGE

PATHOLOGISTS AND AUDIOLOGISTS [THERAPY EXAMINERS]

SECTION 22. Section 452.001, Occupations Code, is amended by amending Subdivision (1) and adding Subdivision (4) to read as follows:

(1) "Executive council" means the Executive Council of Examiners of Physical Therapists, [Therapy and] Occupational Therapists, and Speech-Language Pathologists and Audiologists [Therapy Examiners].

(4) "Speech-language pathology and audiology board" means the State Board of Examiners for Speech-Language Pathology and Audiology.

SECTION 23. Section 452.002, Occupations Code, is amended to read as follows:

Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive Council of Examiners of Physical Therapists, [Therapy and] Occupational Therapists, and Speech-Language Pathologists and Audiologists [Therapy Examiners] is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the executive council is abolished and the following laws expire September 1, 2017:

(1) this chapter;

(2) Chapter 401;

(3) Chapter 453; and

(4) [(3)] Chapter 454.

SECTION 24. The heading to Subchapter B, Chapter 452, Occupations Code, is amended to read as follows:

SUBCHAPTER B. EXECUTIVE COUNCIL OF EXAMINERS OF PHYSICAL

THERAPISTS, [THERAPY AND] OCCUPATIONAL THERAPISTS, AND

SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS [THERAPY EXAMINERS]

SECTION 25. Sections 452.051(a) and (b), Occupations Code, are amended to read as follows:

(a) The executive council [Executive Council of Physical Therapy and Occupational Therapy Examiners] consists of:

(1) an occupational therapist member of the occupational therapy board appointed by that board;

(2) a public member of the occupational therapy board appointed by that board;

(3) a physical therapist member of the physical therapy board appointed by that board;

(4) a public member of the physical therapy board appointed by that board; [and]

(5) a speech-language pathologist or audiologist member of the speech-language pathology and audiology board appointed by that board;

(6) a public member of the speech-language pathology and audiology board appointed by that board; and

(7) a public member appointed by the governor.

(b) The occupational therapy board, [and] the physical therapy board, and the speech-language pathology and audiology board may designate an alternate to attend an executive council meeting if a member appointed by that board cannot attend. The alternate has the same powers and duties and is subject to the same qualifications as the appointed member.

SECTION 26. Section 452.052, Occupations Code, is amended to read as follows:

Sec. 452.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY GOVERNOR. A person is not eligible for appointment by the governor as a public member of the executive council if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational 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 funds from the executive council, the occupational therapy board, [or] the physical therapy board, or the speech-language pathology and audiology board;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the executive council, the occupational therapy board, [or] the physical therapy board, or the speech-language pathology and audiology board; or

(4) uses or receives a substantial amount of tangible goods, services, or funds from the executive council, the occupational therapy board, [or] the physical therapy board, or the speech-language pathology and audiology board, other than compensation or reimbursement authorized by law for executive council, occupational therapy board, [or] physical therapy board, or speech-language pathology and audiology board membership, attendance, or expenses.

SECTION 27. Section 452.053(d), Occupations Code, is amended to read as follows:

(d) A person may not serve as a member of the executive council or act as the general counsel to the executive council 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 executive council, the occupational therapy board, [or] the physical therapy board, or the speech-language pathology and audiology board.

SECTION 28. Sections 452.058(b) and (c), Occupations Code, are amended to read as follows:

(b) The executive council may hold additional meetings on the request of the presiding officer or on the written request of four [three] members of the executive council.

(c) A quorum of the executive council exists if the occupational therapist member, the physical [both] therapist member, the speech-language pathologist or audiologist member, [members] and one public member are present.

SECTION 29. Section 452.101, Occupations Code, is amended to read as follows:

Sec. 452.101. DIRECTOR; PERSONNEL. (a) The executive council shall employ a director and administrative and clerical employees as necessary to carry out the functions of the executive council, the occupational therapy board, [and] the physical therapy board, and the speech-language pathology and audiology board.

(b) The director shall employ a coordinator of occupational therapy programs, [and] a coordinator of physical therapy programs, and a coordinator of speech-language pathology and audiology programs to carry out the functions of the respective boards. The coordinators may request the executive council to assign additional employees to carry out the duties of the coordinators.

SECTION 30. Section 452.151, Occupations Code, is amended to read as follows:

Sec. 452.151. GENERAL POWERS AND DUTIES. (a) Except as otherwise provided by this chapter, the executive council shall administer and enforce Chapters 401, 453, and 454.

(b) The executive council shall:

(1) develop and prepare a budget for the executive council, the occupational therapy board, [and] the physical therapy board, and the speech-language pathology and audiology board; and

(2) manage all physical property used by the executive council, the occupational therapy board, [or] the physical therapy board, or the speech-language pathology and audiology board.

SECTION 31. Section 452.152(a), Occupations Code, is amended to read as follows:

(a) In administering Chapters 401, 453, and 454, the executive council shall:

(1) perform data processing functions; and

(2) administer records relating to payroll, personnel files, and employee leave, benefits, and applications.

SECTION 32. Section 452.158, Occupations Code, is amended to read as follows:

Sec. 452.158. DISBURSEMENT OF FUNDS. The executive council may authorize from its appropriated funds all necessary disbursements to carry out:

(1) this chapter;

(2) Chapter 401;

(3) Chapter 453; and

(4) [(3)] Chapter 454.

SECTION 33. Section 452.201(a), Occupations Code, is amended to read as follows:

(a) The executive council shall prepare information of public interest describing the functions of the executive council and the procedures by which complaints are filed with and resolved by the executive council, the occupational therapy board, [or] the physical therapy board, or the speech-language pathology and audiology board.

SECTION 34. Section 452.202(a), Occupations Code, is amended to read as follows:

(a) The executive council by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the executive council for the purpose of directing complaints to the executive council. The executive council may provide for that notice:

(1) on each registration form, application, or written contract for services of a person regulated by the executive council, the occupational therapy board, [or] the physical therapy board, or the speech-language pathology and audiology board;

(2) on a sign prominently displayed in the place of business of each person regulated by the executive council, the occupational therapy board, [or] the physical therapy board, or the speech-language pathology and audiology board; or

(3) in a bill for service provided by a person regulated by the executive council, the occupational therapy board, [or] the physical therapy board, or the speech-language pathology and audiology board.

SECTION 35. Section 453.001(3), Occupations Code, is amended to read as follows:

(3) "Executive council" means the Executive Council of Examiners of Physical Therapists, [Therapy and] Occupational Therapists, and Speech-Language Pathologists and Audiologists [Therapy Examiners].

SECTION 36. Section 454.002(3), Occupations Code, is amended to read as follows:

(3) "Executive council" means the Executive Council of Examiners of Physical Therapists, [Therapy and] Occupational Therapists, and Speech-Language Pathologists and Audiologists [Therapy Examiners].

SECTION 37. Section 2054.352(a), Government Code, is amended to read as follows:

(a) The following licensing entities shall participate in the system established under Section 2054.353:

(1) Texas Board of Chiropractic Examiners;

(2) Judicial Branch Certification Commission;

(3) State Board of Dental Examiners;

(4) Texas Funeral Service Commission;

(5) Texas Board of Professional Land Surveying;

(6) Texas Medical Board;

(7) Texas Board of Nursing;

(8) Texas Optometry Board;

(9) Department of Agriculture, for licenses issued under Chapter 1951, Occupations Code;

(10) Texas State Board of Pharmacy;

(11) Executive Council of Examiners of Physical Therapists, [Therapy and] Occupational Therapists, and Speech-Language Pathologists and Audiologists [Therapy Examiners];

(12) Texas State Board of Plumbing Examiners;

(13) Texas State Board of Podiatric Medical Examiners;

(14) Texas State Board of Examiners of Psychologists;

(15) State Board of Veterinary Medical Examiners;

(16) Texas Real Estate Commission;

(17) Texas Appraiser Licensing and Certification Board;

(18) Texas Department of Licensing and Regulation;

(19) Texas State Board of Public Accountancy;

(20) State Board for Educator Certification;

(21) Texas Board of Professional Engineers;

(22) Department of State Health Services;

(23) Texas Board of Architectural Examiners;

(24) Texas Racing Commission;

(25) Texas Commission on Law Enforcement; and

(26) Texas Private Security Board.

SECTION 38. Section 401.101, Occupations Code, is repealed.

SECTION 39. A fee under Chapter 401, Occupations Code, in effect on the effective date of this Act remains in effect until changed by the Executive Council of Examiners of Physical Therapists, Occupational Therapists, and Speech-Language Pathologists and Audiologists.

SECTION 40. As soon as practicable after the effective date of this Act, the Department of State Health Services and the Executive Council of Examiners of Physical Therapists, Occupational Therapists, and Speech-Language Pathologists and Audiologists shall adopt a transition plan to provide for the transfer not later than January 1, 2016, of the following from the department to the executive council to the extent necessary for the exercise of the executive council's powers and duties related to Chapters 401 and 452, Occupations Code, as amended by this Act:

(1) personnel;

(2) equipment, files, and records; and

(3) money appropriated for the fiscal biennium ending August 31, 2017.

SECTION 41. Not later than December 1, 2015, the State Board of Examiners for Speech-Language Pathology and Audiology shall appoint members to the Executive Council of Examiners of Physical Therapists, Occupational Therapists, and Speech-Language Pathologists and Audiologists as required by Section 452.051, Occupations Code, as amended by this Act, for terms expiring February 1, 2017.

SECTION 42. This Act takes effect September 1, 2015.