S.B. No. 202

AN ACT

relating to the transfer of certain occupational regulatory programs and the deregulation of certain activities and occupations.

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

ARTICLE 1. REGULATORY PROGRAMS TRANSFERRED TO THE TEXAS

DEPARTMENT OF LICENSING AND REGULATION

PART 1. TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2017

SECTION 1.001. Subchapter D, Chapter 51, Occupations Code, is amended by adding Section 51.2031 to read as follows:

Sec. 51.2031. RULES REGARDING HEALTH-RELATED PROGRAMS; PROVISION OF INFORMATION. (a) This section applies only to the regulation of the following professions by the department:

(1) athletic trainers;

(2) dietitians;

(3) hearing instrument fitters and dispensers;

(4) midwives;

(5) orthotists and prosthetists; and

(6) speech-language pathologists and audiologists.

(a-1) The commission may not adopt a new rule relating to the scope of practice of or a health-related standard of care for a profession to which this section applies unless the rule has been proposed by the advisory board established for that profession. The commission shall adopt rules prescribing the procedure by which an advisory board may propose rules described by this subsection.

(a-2) For each rule proposed under Subsection (a-1), the commission shall either adopt the rule as proposed or return the rule to the advisory board for revision. The commission retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process. This subsection and Subsection (a-1) expire September 1, 2019.

(b) The commission shall adopt rules clearly specifying the manner in which the department and commission will solicit input from, and on request provide information to, an advisory board established for a profession to which this section applies regarding the general investigative, enforcement, or disciplinary procedures of the department or commission.

SECTION 1.002. Section 203.002, Occupations Code, is amended by adding Subdivision (1) and amending Subdivisions (3), (4), (4-a), (6), and (9) to read as follows:

(1) "Advisory board" means the Midwives Advisory Board.

(3) "Commission" ["Commissioner"] means the Texas Commission of Licensing and Regulation [commissioner of state health services].

(4) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(4-a) "Executive director" [commissioner"] means the executive director of the department [commissioner of the Health and Human Services Commission].

(6) "Midwife" means a person who practices midwifery and has met the licensing requirements established by this chapter and commission [midwifery board] rules.

(9) "Normal" means, as applied to pregnancy, labor, delivery, the postpartum period, and the newborn period, and as defined by commission [midwifery board] rule, circumstances under which a midwife has determined that a client is at a low risk of developing complications.

SECTION 1.003. Section 203.005, Occupations Code, is amended to read as follows:

Sec. 203.005. EFFECT ON LOCAL ORDINANCES. This chapter does not prohibit a municipality from adopting a local ordinance or rule to regulate the practice of midwifery in the municipality if the ordinance or rule is compatible with and at least as strict as this chapter and commission [midwifery board] rules.

SECTION 1.004. The heading to Subchapter B, Chapter 203, Occupations Code, is amended to read as follows:

SUBCHAPTER B. MIDWIVES ADVISORY [MIDWIFERY] BOARD

SECTION 1.005. Section 203.052, Occupations Code, is amended to read as follows:

Sec. 203.052. ADVISORY [APPOINTMENT OF MIDWIFERY] BOARD MEMBERSHIP. (a) The advisory [midwifery] board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:

(1) five licensed midwife members each of whom has at least three years' experience in the practice of midwifery;

(2) one physician member who is certified by a national professional organization of physicians that certifies obstetricians and gynecologists;

(3) one physician member who is certified by a national professional organization of physicians that certifies family practitioners or pediatricians; and

(4) two members who represent the public and who are not practicing or trained in a health care profession, one of whom is a parent with at least one child born with the assistance of a midwife.

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

SECTION 1.006. Subchapter B, Chapter 203, Occupations Code, is amended by adding Section 203.0521 to read as follows:

Sec. 203.0521. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

SECTION 1.007. Section 203.055, Occupations Code, is amended to read as follows:

Sec. 203.055. TERMS; VACANCIES. (a) Members of the advisory [midwifery] board serve for staggered terms of six years. The terms of three members expire on January 31 of each odd-numbered year.

(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.

SECTION 1.008. Section 203.056, Occupations Code, is amended to read as follows:

Sec. 203.056. PRESIDING OFFICER [OFFICERS]. The presiding officer of the commission [commissioner] shall designate a public member of the advisory [midwifery] board to serve as the presiding officer of the advisory [midwifery] board to serve for a term of one year [in that capacity at the pleasure of the commissioner]. The presiding officer of the advisory board may vote on any matter before the advisory board [midwifery board shall elect one of the other members of the midwifery board as vice presiding officer].

SECTION 1.009. Section 203.059, Occupations Code, is amended to read as follows:

Sec. 203.059. MEETINGS. [(a)] The advisory [midwifery] board shall meet at [least semiannually.

[(b) The midwifery board shall meet at other times at] the call of the presiding officer of the commission or the executive director [midwifery board or the commissioner].

SECTION 1.010. The heading to Subchapter D, Chapter 203, Occupations Code, is amended to read as follows:

SUBCHAPTER D. POWERS AND DUTIES [OF MIDWIFERY BOARD, EXECUTIVE

COMMISSIONER, AND DEPARTMENT]

SECTION 1.011. The heading to Section 203.151, Occupations Code, is amended to read as follows:

Sec. 203.151. GENERAL POWERS AND DUTIES [RULEMAKING AUTHORITY OF MIDWIFERY BOARD].

SECTION 1.012. Section 203.151, Occupations Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:

(a) The executive director shall administer and enforce this chapter.

(a-1) The commission [Subject to the approval of the executive commissioner, the midwifery board] shall:

(1) [adopt substantive and procedural rules necessary for the licensing of midwives;

[(2)] adopt rules prescribing the standards for the practice of midwifery in this state, including standards for:

(A) the delineation of findings that preclude a woman or newborn from being classified as having a normal pregnancy, labor, delivery, postpartum period, or newborn period; and

(B) administration of oxygen by a midwife to a mother or newborn;

(2) [(3)] adopt rules prescribing:

(A) the type of courses and number of hours required to meet the basic midwifery education course and continuing midwifery education course requirements; and

(B) minimum standards for the approval and revocation of approval of:

(i) basic midwifery education courses and continuing midwifery education courses; and

(ii) instructors or facilities used in basic midwifery education courses and continuing midwifery education courses; and

(3) [(4) adopt rules prescribing a procedure for reporting and processing complaints relating to the practice of midwifery in this state;

[(5) adopt and implement substantive and procedural rules as necessary to discipline midwives determined to be in violation of this chapter or otherwise a threat to the public health and safety;

[(6)] adopt rules as necessary to establish eligibility for reciprocity for initial licensing under this chapter[; and

[(7) adopt other rules necessary to implement a duty imposed on the executive commissioner or the department under this chapter].

(a-2) The department shall:

(1) implement rules governing:

(A) basic midwifery education courses and continuing midwifery education courses; and

(B) approval of instructors or facilities used in offering basic midwifery education courses and continuing midwifery education courses;

(2) prepare and distribute basic midwifery information and instructor manuals;

(3) enter into agreements necessary to carry out this chapter; and

(4) establish a program for licensure as a midwife as prescribed by commission rules.

SECTION 1.013. Section 203.152(b), Occupations Code, is amended to read as follows:

(b) The commission [midwifery board] may not set a fee for an amount less than the amount of that fee on September 1, 1993.

SECTION 1.014. Sections 203.153(a) and (c), Occupations Code, are amended to read as follows:

(a) The [Subject to the approval of the] department[, the midwifery board] shall issue basic information manuals for the practice of midwifery[. The midwifery board shall approve the basic information manuals] and instructor manuals that may be used in basic midwifery education courses.

(c) A basic information manual must include information about:

(1) the knowledge necessary to practice as a midwife;

(2) the basic education and continuing education requirements for a midwife;

(3) the legal requirements and procedures relating to midwifery;

(4) the standards of practice as a midwife; and

(5) other information or procedures required by the commission [midwifery board] or the department.

SECTION 1.015. Section 203.154, Occupations Code, is amended to read as follows:

Sec. 203.154. REPORTS ON MIDWIFERY. (a) [(c)] The department [midwifery board] shall prepare and publish reports on the practice of midwifery in this state.

(b) The Department of State Health Services shall publish a[, including] statistical report [reporting] of infant fetal morbidity and mortality.

SECTION 1.016. The heading to Section 203.155, Occupations Code, is amended to read as follows:

Sec. 203.155. COMPLAINTS [COMPLAINT PROCEDURE AND INVESTIGATION].

SECTION 1.017. Sections 203.155(b) and (d), Occupations Code, are amended to read as follows:

(b) For purposes of Section 51.252, the commission must adopt [The] rules to [adopted under Subsection (a) must:

[(1) distinguish among categories of complaints;

[(2) ensure that a person who files a complaint has an opportunity to explain the allegations made in the complaint; and

[(3)] provide for the release of any relevant midwifery or medical record to the department [midwifery board], without the necessity of consent by the midwife's client, as necessary to conduct an investigation of a complaint.

(d) The department [midwifery board] shall provide reasonable assistance to a person who wishes to file a complaint with the department regarding a person or activity regulated by this chapter [midwifery board].

SECTION 1.018. Section 203.252(a), Occupations Code, is amended to read as follows:

(a) A person qualifies to become a licensed midwife under this chapter if the person provides the department [program coordinator] with documentary evidence that the person has:

(1) satisfied each requirement for basic midwifery education; and

(2) passed the comprehensive midwifery examination and jurisprudence examination required by this chapter.

SECTION 1.019. Section 203.253, Occupations Code, is amended to read as follows:

Sec. 203.253. LICENSE APPLICATION. A person who practices midwifery must apply to the department to be licensed as a midwife in the manner and on a form prescribed by the executive director. The application must:

(1) be accompanied by a nonrefundable application fee; and

(2) include information required by commission [midwifery board] rules.

SECTION 1.020. Section 203.254, Occupations Code, is amended to read as follows:

Sec. 203.254. BASIC MIDWIFERY EDUCATION. The commission [Subject to the approval of the executive commissioner, the midwifery board] shall establish requirements for basic midwifery education.

SECTION 1.021. Section 203.255(a), Occupations Code, is amended to read as follows:

(a) The department [midwifery board, with the approval of the executive commissioner,] shall:

(1) adopt a comprehensive midwifery examination for persons regulated under this chapter that must be passed before the initial license may be issued; and

(2) establish eligibility requirements for persons taking a comprehensive midwifery examination.

SECTION 1.022. Section 203.2555, Occupations Code, is amended to read as follows:

Sec. 203.2555. JURISPRUDENCE EXAMINATION. (a) The department [midwifery board] shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, commission [midwifery board] rules under this chapter, and any other applicable laws of this state affecting the applicant's midwifery practice.

(b) The commission [Subject to the approval of the executive commissioner, the midwifery board] shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results.

SECTION 1.023. Section 203.256, Occupations Code, is amended to read as follows:

Sec. 203.256. TRAINING IN NEWBORN SCREENING AND BASIC LIFE SUPPORT CARDIOPULMONARY RESUSCITATION. A person who practices midwifery in this state must provide the department [program coordinator] with satisfactory evidence that the person:

(1) is trained to perform the newborn screening tests under Section 203.354 or has made arrangements for the performance of those tests; and

(2) holds:

(A) a current certificate issued by the American Heart Association in basic life support cardiopulmonary resuscitation; or

(B) another form of certification acceptable to the department that demonstrates proficiency in basic life support cardiopulmonary resuscitation for adults and children.

SECTION 1.024. Section 203.304, Occupations Code, is amended to read as follows:

Sec. 203.304. CONTINUING MIDWIFERY EDUCATION. (a) The commission by rule [Subject to the approval of the executive commissioner, the midwifery board] shall establish requirements for continuing midwifery education, including a minimum number of hours of continuing education required to renew a license under this chapter.

(b) On renewal of the license, a midwife must provide the department [program coordinator] with evidence, acceptable under commission [midwifery board] rules, of completion of continuing midwifery education as prescribed by the commission by rule [midwifery board].

(c) The commission [midwifery board] by rule shall develop a process to evaluate and approve continuing education courses.

SECTION 1.025. Section 203.305, Occupations Code, is amended to read as follows:

Sec. 203.305. REQUIRED ATTENDANCE AT SPECIFIC MIDWIFERY EDUCATION COURSES. The department [midwifery board] may assess the continuing education needs of licensed midwives and may require licensed midwives to attend continuing midwifery education courses specified by the department [midwifery board].

SECTION 1.026. Section 203.306, Occupations Code, is amended to read as follows:

Sec. 203.306. GROUNDS FOR REFUSING RENEWAL. The department [midwifery board] may refuse to renew the license of a person who fails to pay an administrative penalty [imposed under Subchapter J,] unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

SECTION 1.027. Section 203.351(b), Occupations Code, is amended to read as follows:

(b) The department [midwifery board] shall prescribe the form of the informed choice and disclosure statement required to be used by a midwife under this chapter. The form must include:

(1) statistics of the midwife's experience as a midwife;

(2) the date the midwife's license expires;

(3) the date the midwife's cardiopulmonary resuscitation certification expires;

(4) the midwife's compliance with continuing education requirements;

(5) a description of medical backup arrangements; and

(6) the legal responsibilities of a midwife, including statements concerning newborn blood screening, ophthalmia neonatorum prevention, and prohibited acts under Sections 203.401-203.403.

SECTION 1.028. Section 203.352, Occupations Code, is amended to read as follows:

Sec. 203.352. PRENATAL AND CERTAIN MEDICAL CARE ENCOURAGED. A midwife shall encourage a client to seek:

(1) prenatal care; and

(2) medical care through consultation or referral, as specified by commission [midwifery board] rules, if the midwife determines that the pregnancy, labor, delivery, postpartum period, or newborn period of a woman or newborn may not be classified as normal for purposes of this chapter.

SECTION 1.029. Section 203.354(b), Occupations Code, is amended to read as follows:

(b) A midwife may collect blood specimens for the newborn screening tests if the midwife has been approved by the department to collect the specimen. The commission [Subject to the approval of the executive commissioner, the midwifery board] shall adopt rules establishing the standards for approval. The standards must recognize completion of a course of instruction that includes the blood specimen collection procedure or verification by appropriately trained health care providers that the midwife has been instructed in the blood collection procedures.

SECTION 1.030. Section 203.355(b), Occupations Code, is amended to read as follows:

(b) The Department of State Health Services [department] and a local health department, a public health district, or a local health unit shall provide clinical and laboratory support services to a pregnant woman or a newborn who is a client of a midwife if the midwife is required to provide the services under this chapter.

SECTION 1.031. Section 203.356(a), Occupations Code, is amended to read as follows:

(a) A physician, a registered nurse, or other person who, on the order of a physician, instructs a midwife in the approved techniques for collecting blood specimens to be used for newborn screening tests is immune from liability arising out of the failure or refusal of the midwife to:

(1) collect the specimens in the approved manner; or

(2) submit the specimens to the Department of State Health Services [department] in a timely manner.

SECTION 1.032. Sections 203.357(a) and (b), Occupations Code, are amended to read as follows:

(a) The department [midwifery board] may require information in addition to that required by Section 203.253 if it determines the additional information is necessary and appropriate to ascertain the nature and extent of midwifery in this state. The department [midwifery board] may not require information regarding any act that is prohibited under this chapter.

(b) The [With the approval of the midwifery board, the] department shall prescribe forms for the additional information and shall distribute those forms directly to each midwife. Each midwife must complete and return the forms to the department as requested.

SECTION 1.033. Section 203.401, Occupations Code, is amended to read as follows:

Sec. 203.401. PROHIBITED PRACTICES. A midwife may not:

(1) provide midwifery care in violation of commission [midwifery board] rule, except in an emergency that poses an immediate threat to the life of a woman or newborn;

(2) administer a prescription drug to a client other than:

(A) a drug administered under the supervision of a licensed physician in accordance with state law;

(B) prophylaxis approved by the Department of State Health Services [department] to prevent ophthalmia neonatorum; or

(C) oxygen administered in accordance with commission [midwifery board] rule;

(3) use forceps or a surgical instrument for a procedure other than cutting the umbilical cord or providing emergency first aid during delivery;

(4) remove placenta by invasive techniques;

(5) use a mechanical device or medicine to advance or retard labor or delivery; or

(6) make on a birth certificate a false statement or false record in violation of Section 195.003, Health and Safety Code.

SECTION 1.034. Section 203.404, Occupations Code, is amended to read as follows:

Sec. 203.404. GROUNDS FOR DISCIPLINARY ACTION. (a) The commission or executive director [midwifery board] may discipline a licensed midwife, refuse to renew a midwife's license, or refuse to issue a license to an applicant if the person:

(1) violates this chapter or a rule adopted under this chapter;

(2) submits false or misleading information to the [midwifery board or the] department;

(3) is convicted of a misdemeanor involving moral turpitude or a felony;

(4) uses alcohol or drugs intemperately;

(5) engages in unprofessional or dishonorable conduct that may reasonably be determined to deceive or defraud the public;

(6) is unable to practice midwifery with reasonable skill and safety because of illness, disability, or psychological impairment;

(7) is determined by a court judgment to be mentally impaired;

(8) submits a birth or death certificate known by the person to be false or fraudulent or engages in another act that violates Title 3, Health and Safety Code, or a rule adopted under that title;

(9) violates Chapter 244, Health and Safety Code, or a rule adopted under that chapter; or

(10) fails to practice midwifery in a manner consistent with the public health and safety.

(b) The commission or executive director [midwifery board] may discipline a licensed midwife and may refuse to issue a license to an applicant for a disciplinary action taken by another jurisdiction that affects the person's authority to practice midwifery, including a suspension, a revocation, or another action.

SECTION 1.035. Section 203.406, Occupations Code, is amended to read as follows:

Sec. 203.406. REFUND. (a) Subject to Subsection (b), the commission or executive director [midwifery board] may order a licensed midwife to pay a refund to a consumer as provided in an agreed settlement, default order, or commission order [agreement resulting from an informal settlement conference] instead of or in addition to imposing an administrative penalty against the license holder [under this chapter].

(b) The amount of a refund ordered [as provided in an agreement resulting from an informal settlement conference] may not exceed the amount the consumer paid to the licensed midwife for a service regulated by this chapter. The commission or executive director [midwifery board] may not require payment of other damages or estimate harm in a refund order.

SECTION 1.036. Section 203.501(a), Occupations Code, is amended to read as follows:

(a) A person is liable for a civil penalty if the person is required to be licensed under this chapter and the person knowingly or intentionally practices midwifery:

(1) without a license or while the license is suspended or revoked; or

(2) in violation of a commission [midwifery board] order.

SECTION 1.037. Section 203.502(b), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(b) If the executive director [department] or a health authority determines that a person has violated this chapter, the executive director may institute an action described by Section 51.352 [and that the violation creates an immediate threat to the health and safety of the public, the department, or the health authority with the concurrence of the department, may request the attorney general or a district, county, or city attorney to bring an action in a district court for a restraining order to restrain the violation].

SECTION 1.038. Section 203.503(a), Occupations Code, is amended to read as follows:

(a) Venue for a civil action arising out of the imposition of an administrative penalty [brought under Section 203.451 or 203.452] is in the county in which the defendant resides or in the county in which the violation occurred.

SECTION 1.039. Section 203.505(b), Occupations Code, is amended to read as follows:

(b) A violation of a cease and desist [an] order issued by the executive director [under this section] constitutes grounds for imposing an administrative penalty [under Subchapter J].

SECTION 1.040. Section 401.001, Occupations Code, is amended by amending Subdivisions (1), (3), (4), and (4-a) and adding Subdivisions (1-a) and (4-b) to read as follows:

(1) "Advisory board" means the Speech-Language Pathologists and Audiologists Advisory Board.

(1-a) "Audiologist" means a person who meets the qualifications of this chapter to practice audiology.

(3) "Commission" ["Board"] means the Texas Commission of Licensing and Regulation [State Board of Examiners for Speech-Language Pathology and Audiology].

(4) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(4-a) "Executive director" means the executive director of the department.

(4-b) "Hearing instrument" has the meaning assigned by Section 402.001.

SECTION 1.041. Section 401.052, Occupations Code, is amended to read as follows:

Sec. 401.052. NURSES. This chapter does not prevent or restrict a communication, speech, language, or hearing screening, as defined by commission [board] rule, from being conducted by a registered nurse:

(1) licensed in this state; and

(2) practicing in accordance with the standards of professional conduct and ethics established by rules adopted by the Texas Board of Nursing.

SECTION 1.042. Section 401.053, Occupations Code, is amended to read as follows:

Sec. 401.053. PERSONS TRAINED BY DEPARTMENT OF STATE HEALTH SERVICES. (a) This chapter does not apply to a person who shows evidence of having received training by the Department of State Health Services [department] in a communication, speech, language, or hearing screening training program approved by that [the] department if the person's activity is limited to screening as defined by commission [board] rule.

(b) A person who has received training by the Department of State Health Services [department] in a program under Subsection (a) may not:

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

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

SECTION 1.043. Sections 401.054(b), (c), and (d), Occupations Code, are amended to read as follows:

(b) The Texas Education Agency certificate in speech-language pathology must require an applicant to:

(1) hold a master's degree in communicative disorders or the equivalent from a university program accredited by the American Speech-Language-Hearing Association; and

(2) pass a national examination in speech-language pathology or audiology approved by the department [board].

(c) A person affected by this section who performs work as a speech-language pathologist or audiologist in addition to performing the person's duties within an agency, institution, or organization under the jurisdiction of the Texas Education Agency is required to hold a license issued by the department [board] unless that work is limited to speech and hearing screening procedures performed without compensation.

(d) For the purposes of Subsection (b)(1), an applicant's educational credentials are equivalent to a master's degree in communicative disorders if the credentials:

(1) consist of graduate-level course work and practicum from a program accredited by the American Speech-Language-Hearing Association; and

(2) meet requirements that are the same as those established by the department [board] for a license in speech-language pathology or audiology.

SECTION 1.044. The heading to Subchapter C, Chapter 401, Occupations Code, is amended to read as follows:

SUBCHAPTER C. [STATE BOARD OF EXAMINERS FOR] SPEECH-LANGUAGE

PATHOLOGISTS [PATHOLOGY] AND AUDIOLOGISTS ADVISORY BOARD

[AUDIOLOGY]

SECTION 1.045. Section 401.102, Occupations Code, is amended to read as follows:

Sec. 401.102. ADVISORY BOARD MEMBERSHIP. (a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission [governor] as follows:

(1) three audiologist members;

(2) three speech-language pathologist members; and

(3) three members who represent the public.

(b) Advisory board [Board] members must:

(1) have been a resident of this state for the two years preceding the date of appointment;

(2) be from the various geographic regions of the state; and

(3) be from varying employment settings.

(c) The advisory board members appointed under Subsections (a)(1) and (2) must:

(1) have been engaged in teaching, research, or providing services in speech-language pathology or audiology for at least five years; and

(2) be licensed under this chapter.

(d) One of the public advisory board members must be a physician licensed in this state and certified in otolaryngology or pediatrics.

(e) Appointments to the advisory board shall be made without regard to the race, creed, sex, religion, or national origin of the appointee.

SECTION 1.046. Subchapter C, Chapter 401, Occupations Code, is amended by adding Section 401.10205 to read as follows:

Sec. 401.10205. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

SECTION 1.047. The heading to Section 401.105, Occupations Code, is amended to read as follows:

Sec. 401.105. TERMS; VACANCIES.

SECTION 1.048. Section 401.105(b), Occupations Code, is amended to read as follows:

(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term [A person may not be appointed to serve more than two consecutive terms].

SECTION 1.049. Section 401.107, Occupations Code, is amended to read as follows:

Sec. 401.107. PRESIDING OFFICER [BOARD OFFICERS]. (a) The presiding officer of the commission [governor] shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of one year [to serve in that capacity at the will of the governor].

(b) The presiding officer of the advisory board may vote on any matter before the advisory board [must hold a license under this chapter].

SECTION 1.050. Section 401.108, Occupations Code, is amended to read as follows:

Sec. 401.108. MEETINGS. [(a)] The advisory board shall meet [hold at least two regular meetings each year.

[(b) Additional meetings may be held] at the call of the presiding officer of the commission or the executive director [on the written request of any three members of the board].

SECTION 1.051. The heading to Subchapter E, Chapter 401, Occupations Code, is amended to read as follows:

SUBCHAPTER E. [BOARD AND DEPARTMENT] POWERS AND DUTIES

SECTION 1.052. Section 401.201, Occupations Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) The executive director shall administer and enforce this chapter.

(a-1) The [With the assistance of the] department[, the board] shall:

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

[(2)] evaluate the qualifications of license applicants;

(2) [(3)] provide for the examination of license applicants;

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

(4) [(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 1.053. Section 401.202, Occupations Code, is amended to read as follows:

Sec. 401.202. STANDARDS OF ETHICAL PRACTICE [RULEMAKING AUTHORITY]. The commission [board] shall adopt rules under [necessary to administer and enforce] this chapter[, including rules] that establish standards of ethical practice.

SECTION 1.054. Section 401.2021, Occupations Code, is amended to read as follows:

Sec. 401.2021. [JOINT] RULES FOR HEARING INSTRUMENTS. With the assistance of the advisory [department, the] board and the Hearing Instrument Fitters and Dispensers Advisory Board, the commission [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 for purposes of this chapter and Chapter 402. 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 1.055. 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. (a) In this section, "telepractice" means the use of telecommunications technology by a license holder for an assessment, intervention, or consultation regarding a speech-language pathology or audiology client.

(b) With the assistance of the advisory [department, the] board and the Hearing Instrument Fitters and Dispensers Advisory Board, the commission [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 for purposes of this chapter and Chapter 402, including rules that establish the qualifications and duties of license holders who use telepractice.

SECTION 1.056. The heading to Section 401.203, Occupations Code, is amended to read as follows:

Sec. 401.203. ASSISTANCE FILING COMPLAINT [BOARD DUTIES REGARDING COMPLAINTS].

SECTION 1.057. Section 401.203(c), Occupations Code, is amended to read as follows:

(c) The department [board] shall provide reasonable assistance to a person who wishes to file a complaint with the department regarding a person or activity regulated under this chapter [board].

SECTION 1.058. Section 401.251, Occupations Code, is amended to read as follows:

Sec. 401.251. TELEPHONE NUMBER FOR COMPLAINTS. The department [board] shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.

SECTION 1.059. The heading to Section 401.253, Occupations Code, is amended to read as follows:

Sec. 401.253. [GENERAL] RULES REGARDING USE OF PRIVATE INVESTIGATOR [REGARDING COMPLAINT INVESTIGATION AND DISPOSITION].

SECTION 1.060. Section 401.253(a), Occupations Code, is amended to read as follows:

(a) For purposes of Section 51.252, the commission must [The board shall] adopt rules to [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 under this chapter that require the use of a private investigator and the procedures for the department [board] to obtain the services of a private investigator.

SECTION 1.061. The heading to Section 401.2535, Occupations Code, is amended to read as follows:

Sec. 401.2535. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].

SECTION 1.062. Sections 401.2535(h) and (i), Occupations Code, are amended to read as follows:

(h) All information and materials subpoenaed or compiled by the department [board] in connection with a complaint and investigation are confidential and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department [board] or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to:

(1) persons involved with the department [board] in a disciplinary action against the holder of a license;

(2) professional speech-language pathologist and audiologist licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the commission [board] under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the department [board] against a holder of a license, the nature of those charges, disciplinary proceedings of the department, commission, or executive director [board], and final disciplinary actions, including warnings and reprimands, by the department, commission, or executive director [board] are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.

SECTION 1.063. Section 401.302, Occupations Code, is amended to read as follows:

Sec. 401.302. ISSUANCE OF LICENSE. (a) The department [board] shall issue a license to an applicant who meets the requirements of this chapter and who pays to the department [board] the initial nonrefundable license fee.

(b) The department [board] may issue to an applicant a license in either speech-language pathology or audiology.

(c) The department [board] may issue a license in both speech-language pathology and audiology to an applicant.

(d) The commission [board] by rule shall establish qualifications for dual licensing in speech-language pathology and audiology and may develop a full range of licensing options and establish rules for qualifications.

SECTION 1.064. Section 401.303(a), Occupations Code, is amended to read as follows:

(a) A person who desires a license under this chapter must apply to the department [board] on a form and in the manner prescribed by the executive director [board prescribes].

SECTION 1.065. Sections 401.304(a) and (c), Occupations Code, are amended to read as follows:

(a) To be eligible for licensing as a speech-language pathologist or audiologist, an applicant must:

(1) if the application is for a license in:

(A) speech-language pathology, possess at least a master's degree with a major in at least one of the areas of communicative sciences or disorders from a program accredited by a national accrediting organization that is approved by the commission or department [board] and recognized by the United States secretary of education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved college or university; or

(B) audiology, possess at least a doctoral degree in audiology or a related hearing science from a program accredited by a national accrediting organization that is approved by the commission or department [board] and recognized by the United States secretary of education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved college or university;

(2) submit a transcript from a public or private institution of higher learning showing successful completion of course work in amounts set by the commission by rule [board] in:

(A) normal development and use of speech, language, and hearing;

(B) evaluation, habilitation, and rehabilitation of speech, language, and hearing disorders; and

(C) related fields that augment the work of clinical practitioners of speech-language pathology and audiology;

(3) have successfully completed at least 36 semester hours in courses that are acceptable toward a graduate degree by the college or university in which the courses are taken, at least 24 of which must be in the professional area for which the license is requested;

(4) have completed the minimum number of hours, established by the commission by rule [board], of supervised clinical experience with persons who present a variety of communication disorders; and

(5) have completed the full-time supervised professional experience, as defined by commission [board] rule, in which clinical work has been accomplished in the major professional area for which the license is being sought.

(c) Supervised professional experience under Subsection (a)(5) must:

(1) be under the supervision of a qualified person acceptable to the department [board] under guidelines approved by the commission [board]; and

(2) begin after completion of the academic and clinical experience required by this section.

SECTION 1.066. Section 401.3041, Occupations Code, is amended to read as follows:

Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE. (a) The department [board] shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the department [board], to the department [board] or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.

(b) The department [board] may not issue a license to a person who does not comply with the requirement of Subsection (a).

(c) The department [board] shall conduct a criminal history check of each applicant for a license using information:

(1) provided by the individual under this section; and

(2) made available to the department [board] by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.

(d) The department [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 1.067. Section 401.305, Occupations Code, is amended to read as follows:

Sec. 401.305. EXAMINATION. (a) To obtain a license, an applicant must:

(1) pass an [a validated] examination approved by the commission by rule [board]; and

(2) pay fees in a manner prescribed by the commission by rule [board].

(b) The department [board] shall[:

[(1)] administer an examination at least twice each year.

(b-1) The commission by rule shall[;

[(2)] determine standards for acceptable performance on the examination[; and

[(3) maintain a record of all examination scores for at least two years after the date of examination].

(c) The commission [board] by rule may:

(1) establish procedures for the administration of the examination; and

(2) require a written or oral examination, or both.

(d) The commission by rule [board] may require the examination of [examine] an applicant in any theoretical or applied field of speech-language pathology or audiology it considers appropriate. The commission by rule [board] may require the examination of [examine] an applicant on professional skills and judgment in the use of speech-language pathology or audiology techniques or methods.

SECTION 1.068. Section 401.307(b), Occupations Code, is amended to read as follows:

(b) An applicant who fails two examinations may not be reexamined until the person:

(1) submits a new application accompanied by a nonrefundable application fee; and

(2) presents evidence acceptable to the department [board] of additional study in the area for which a license is sought.

SECTION 1.069. Section 401.308, Occupations Code, is amended to read as follows:

Sec. 401.308. PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL COMPETENCE WAIVER. (a) The department [board] may grant a provisional license to an applicant who:

(1) is licensed in good standing as a speech-language pathologist or an audiologist in another state that has licensing requirements that are substantially equivalent to the requirements of this chapter;

(2) has passed a national or other examination recognized by the department [board] relating to speech-language pathology or audiology; and

(3) is sponsored by a license holder with whom the provisional license holder may practice under this section.

(b) An applicant for a provisional license may be excused from the requirement of Subsection (a)(3) if the department [board] determines that compliance with that requirement is a hardship to the applicant.

(c) A provisional license is valid until the date the department [board] approves or denies the provisional license holder's application for a license.

(d) The department [board] shall issue a license under this chapter to a provisional license holder:

(1) who passes the examination required by Section 401.305;

(2) for whom the department [board] verifies satisfaction of the academic and experience requirements for a license under this chapter; and

(3) who satisfies any other license requirements under this chapter.

(e) The department [board] shall complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued.

(f) The department [board] may waive the examination requirement and issue a license to an applicant who holds the Certificate of Clinical Competence of the American Speech-Language-Hearing Association.

SECTION 1.070. Section 401.310(a), Occupations Code, is amended to read as follows:

(a) The department [board] shall issue a temporary certificate of registration to an applicant who:

(1) satisfies the requirements of Section 401.304;

(2) has not previously applied to take the examination; and

(3) pays the nonrefundable application fee.

SECTION 1.071. Section 401.311(c), Occupations Code, is amended to read as follows:

(c) The commission [board] by rule shall:

(1) prescribe the terms governing a person's practice as an intern under this section; and

(2) establish general guidelines and renewal procedures for the holder of an intern license.

SECTION 1.072. Sections 401.312(a) and (b), Occupations Code, are amended to read as follows:

(a) The commission by rule [board] may establish minimum qualifications for licensed assistants in speech-language pathology and in audiology.

(b) A licensed assistant in speech-language pathology or in audiology must meet the minimum qualifications established by the commission [board].

SECTION 1.073. Section 401.351, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 401.351. LICENSE TERM [EXPIRATION]. [(a)] A license issued under this chapter is valid for two years. [The board by rule may adopt a system under which licenses expire on various dates during the year.

[(b) For the year in which the license expiration date is changed, license fees payable on the original expiration date shall be prorated on a monthly basis so that each license holder pays only the portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.]

SECTION 1.074. Section 401.352(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) Each licensed speech-language pathologist or audiologist must pay 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 of a penalty set by board rule.]

SECTION 1.075. Section 401.355, Occupations Code, is amended to read as follows:

Sec. 401.355. CONTINUING EDUCATION. (a) The commission by rule [board] shall establish uniform mandatory continuing education requirements. A license holder may not renew the person's license unless the person meets the continuing education requirements.

(b) The commission [board] shall establish the requirements in a manner that allows a license holder to comply without an extended absence from the license holder's county of residence.

SECTION 1.076. Section 401.401(c), Occupations Code, is amended to read as follows:

(c) The commission [board] shall adopt rules necessary to enforce this section.

SECTION 1.077. Section 401.403(b), Occupations Code, is amended to read as follows:

(b) A person who meets the requirements of this chapter for licensing as an audiologist or audiologist intern and who fits and dispenses hearing instruments must:

(1) register with the department [board] the person's intention to fit and dispense hearing instruments;

(2) comply with the profession's code of ethics;

(3) comply with the federal Food and Drug Administration guidelines for fitting and dispensing hearing instruments;

(4) when providing services in this state, use a written contract that contains the department's [board's] name, mailing address, and telephone number; and

(5) follow the guidelines adopted by commission [board] rule for a 30-day trial period on every hearing instrument purchased.

SECTION 1.078. Section 401.451(a), Occupations Code, is amended to read as follows:

(a) After a hearing, the commission or executive director [board] may deny a license to an applicant or may suspend or revoke a person's license or place on probation a license holder if the applicant or license holder:

(1) violates this chapter or an order issued or rule adopted under this chapter [of the board];

(2) obtains a license by means of fraud, misrepresentation, or concealment of a material fact;

(3) sells, barters, or offers to sell or barter a license or certificate of registration; or

(4) engages in unprofessional conduct that:

(A) endangers or is likely to endanger the health, welfare, or safety of the public as defined by commission [board] rule; or

(B) violates the code of ethics adopted and published by the commission [board].

SECTION 1.079. Section 401.453(a), Occupations Code, is amended to read as follows:

(a) The commission or department [board] may deny a license or may suspend or revoke a license if the applicant or license holder has been convicted of a misdemeanor involving moral turpitude or a felony. The commission or department [board] may take action authorized by this section when:

(1) the time for appeal of the person's conviction has elapsed;

(2) the judgment or conviction has been affirmed on appeal; or

(3) an order granting probation is made suspending the imposition of the person's sentence, without regard to whether a subsequent order:

(A) allows a withdrawal of a plea of guilty;

(B) sets aside a verdict of guilty; or

(C) dismisses an information or indictment.

SECTION 1.080. Section 401.5021, Occupations Code, is amended to read as follows:

Sec. 401.5021. [BOARD-ORDERED] REFUND. The commission or executive director [board] may order an audiologist to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 401.2021.

SECTION 1.081. Section 401.552(a), Occupations Code, is amended to read as follows:

(a) The amount of an [the] administrative penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may not be less than $50 or more than $5,000 for each violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.

SECTION 1.082. Section 402.001, Occupations Code, is amended by amending Subdivisions (2), (3), and (6), amending Subdivision (3-a), as added by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, and adding Subdivision (1) to read as follows:

(1) "Advisory board" means the Hearing Instrument Fitters and Dispensers Advisory Board.

(2) "Commission" ["Committee"] means the Texas Commission of Licensing and Regulation [State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments].

(3) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(3-a) "Executive director [commissioner]" means the executive director [commissioner] of the department [Health and Human Services Commission].

(6) "License" means a license issued by the department [committee] under this chapter to a person authorized to fit and dispense hearing instruments.

SECTION 1.083. The heading to Subchapter B, Chapter 402, Occupations Code, is amended to read as follows:

SUBCHAPTER B. HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY

BOARD [STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING

OF HEARING INSTRUMENTS]

SECTION 1.084. Section 402.051, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 402.051. ADVISORY BOARD [COMMITTEE;] MEMBERSHIP. (a) The advisory board [State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments is part of the department and] consists of nine members appointed by the presiding officer of the commission [governor] with the approval [advice and consent] of the commission [senate] as follows:

(1) six members licensed under this chapter who have been residents of this state actually engaged in fitting and dispensing hearing instruments for at least five years preceding appointment, not more than one of whom may be licensed under Chapter 401;

(2) one member who is actively practicing as a physician licensed by the Texas Medical Board and who:

(A) has been a resident of this state for at least two years preceding appointment;

(B) is a citizen of the United States; and

(C) specializes in the practice of otolaryngology; and

(3) two members of the public.

(b) Appointments to the advisory board [committee] shall be made without regard to the race, creed, sex, religion, or national origin of the appointee.

SECTION 1.085. Subchapter B, Chapter 402, Occupations Code, is amended by adding Section 402.0511 to read as follows:

Sec. 402.0511. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

SECTION 1.086. Section 402.055, Occupations Code, is amended to read as follows:

Sec. 402.055. TERMS; VACANCIES. (a) Members of the advisory board [committee] serve staggered six-year terms. The terms of three members expire on February 1 of each odd-numbered year.

(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term [A member who has served two full consecutive terms on the committee is not eligible for reappointment to the committee for the 12 months following the expiration of the second full term].

[(c) In the event of the death, resignation, or removal of a member, the governor shall fill the vacancy of the unexpired term in the same manner as other appointments.]

SECTION 1.087. Section 402.057, Occupations Code, is amended to read as follows:

Sec. 402.057. PRESIDING OFFICER [OFFICERS]. [(a)] The presiding officer of the commission [governor] shall designate a member of the advisory board to serve [committee] as the presiding officer of the advisory board for a term of [committee to serve in that capacity at the will of the governor.

[(b) The term of office as an officer of the committee is] one year. The presiding officer of the advisory board may vote on any matter before the advisory board.

SECTION 1.088. Section 402.058, Occupations Code, is amended to read as follows:

Sec. 402.058. MEETINGS. [(a)] The advisory board [committee] shall meet [hold regular meetings at least twice a year.

[(b) A special meeting of the committee shall be held] at the call of the presiding officer of the commission or the executive director [a majority of the members].

SECTION 1.089. The heading to Subchapter C, Chapter 402, Occupations Code, is amended to read as follows:

SUBCHAPTER C. [COMMITTEE] POWERS AND DUTIES

SECTION 1.090. Section 402.101, Occupations Code, is amended to read as follows:

Sec. 402.101. GENERAL POWERS AND DUTIES. (a) The executive director [With the assistance of the department, the committee] shall[:

[(1)] administer[, coordinate,] and enforce this chapter.

(b) The department shall:

(1) [;

[(2)] evaluate the qualifications of applicants;

(2) [(3)] examine applicants; and

(3) [(4)] in connection with a hearing under this chapter [Section 402.502], issue subpoenas, examine witnesses, and administer oaths under the laws of this state[; and

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

SECTION 1.091. Section 402.1021, Occupations Code, is amended to read as follows:

Sec. 402.1021. [JOINT] RULES FOR HEARING INSTRUMENTS. With the assistance of the advisory board and the Speech-Language Pathologists and Audiologists Advisory Board [department], the commission [committee and the State Board of Examiners for Speech-Language Pathology and Audiology] shall [jointly] adopt rules to establish requirements for each sale of a hearing instrument for purposes of this chapter and Chapter 401. 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 401; 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 1.092. Section 402.1023, Occupations Code, is amended to read as follows:

Sec. 402.1023. [JOINT] RULES FOR FITTING AND DISPENSING OF HEARING INSTRUMENTS BY TELEPRACTICE. (a) In this section, "telepractice" means the use of telecommunications technology by a license holder for the fitting and dispensing of hearing instruments.

(b) With the assistance of the advisory board and the Speech-Language Pathologists and Audiologists Advisory Board [department], the commission [committee and the State Board of Examiners for Speech-Language Pathology and Audiology] shall [jointly] adopt rules to establish requirements for the fitting and dispensing of hearing instruments by the use of telepractice for purposes of this chapter and Chapter 401, including rules that establish the qualifications and duties of license holders who use telepractice.

SECTION 1.093. The heading to Section 402.103, Occupations Code, is amended to read as follows:

Sec. 402.103. FALSE, MISLEADING, OR DECEPTIVE [RULES RESTRICTING] ADVERTISING [OR COMPETITIVE BIDDING].

SECTION 1.094. Section 402.103(c), Occupations Code, is amended to read as follows:

(c) For purposes of Section 51.204, an [An] advertisement is false, misleading, or deceptive if the advertisement:

(1) contains a misrepresentation of fact;

(2) contains a false statement as to the license holder's professional achievements, education, skills, or qualifications in the hearing instrument dispensing profession;

(3) makes a partial disclosure of relevant fact, including the advertisement of:

(A) a discounted price of an item without identifying in the advertisement or at the location of the item:

(i) the specific product being offered at the discounted price; or

(ii) the usual price of the item; and

(B) the price of a specifically identified hearing instrument, if more than one hearing instrument appears in the same advertisement without an accompanying price;

(4) contains a representation that a product innovation is new, if the product was first offered by the manufacturer to the general public in this state not less than 12 months before the date of the advertisement;

(5) states that the license holder manufactures hearing instruments at the license holder's office location unless the next statement discloses that the instruments are manufactured by a specified manufacturer and remanufactured by the license holder; or

(6) contains any other representation, statement, or claim that is inherently misleading or deceptive.

SECTION 1.095. Sections 402.104(a) and (e), Occupations Code, are amended to read as follows:

(a) The department [committee] shall develop and maintain an examination that may include written, oral, or practical tests. The department shall administer or arrange for the administration of the examination.

(e) The commission [committee] by rule shall establish the qualifications for a proctor. The rules must:

(1) require a proctor to be licensed in good standing as a hearing instrument fitter and dispenser;

(2) specify the number of years a proctor must be licensed as a hearing instrument fitter and dispenser; and

(3) specify the disciplinary actions or other actions that disqualify a person from serving as a proctor.

SECTION 1.096. Section 402.152, Occupations Code, is amended to read as follows:

Sec. 402.152. COMPLAINTS. (a) Each license or permit holder under this chapter shall at all times prominently display in the person's place of business a sign containing:

(1) the name, mailing address, e-mail address, and telephone number of the department [committee]; and

(2) a statement informing consumers that a complaint against a license or permit holder may be directed to the department [committee].

(b) Each written contract for services in this state of a license holder [licensed hearing instrument dispenser] must contain the department's [committee's] name, mailing address, e-mail address, and telephone number.

SECTION 1.097. The heading to Section 402.154, Occupations Code, is amended to read as follows:

Sec. 402.154. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].

SECTION 1.098. Section 402.154, Occupations Code, is amended by amending Subsection (h), as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, and Subsection (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the department [committee] in connection with a complaint and investigation are confidential and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department [committee] or its agents or employees who are involved in discipline of the holder of a license, except that this information may be disclosed to:

(1) persons involved with the department [committee] in a disciplinary action against the holder of a license;

(2) professional licensing or disciplinary boards for the fitting and dispensing of hearing instruments in other jurisdictions;

(3) peer assistance programs approved by the commission [executive commissioner] under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the department [committee] against a holder of a license, the nature of those charges, disciplinary proceedings of the department, commission, or executive director [committee], and final disciplinary actions, including warnings and reprimands, by the department, commission, or executive director [committee] are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.

SECTION 1.099. Section 402.202(a), Occupations Code, is amended to read as follows:

(a) To engage in fitting and dispensing hearing instruments in this state a person must pass an examination required by the department [committee].

SECTION 1.100. Sections 402.203(a) and (c), Occupations Code, are amended to read as follows:

(a) An applicant for examination must:

(1) apply to the department in the manner and [committee] on a form prescribed [provided] by the executive director [committee];

(2) provide [on the form]:

(A) documentation [sworn evidence] that the applicant is at least 18 years of [has attained the] age [of majority] and has graduated from an accredited high school or equivalent; and

(B) other information determined necessary by the department [committee]; and

(3) pay any required fees for application and examination.

(c) The department [committee] may refuse to examine an applicant who has been convicted of a misdemeanor that involves moral turpitude or a felony.

SECTION 1.101. Section 402.205(b), Occupations Code, is amended to read as follows:

(b) An examination shall be conducted in writing and by other means the department [committee] determines adequate to ascertain the qualifications of applicants.

SECTION 1.102. Section 402.207, Occupations Code, is amended to read as follows:

Sec. 402.207. ISSUANCE OF APPRENTICE PERMIT. (a) The department [committee] shall issue an apprentice permit to fit and dispense hearing instruments to a temporary training permit holder who has:

(1) passed all parts of the examination with a score of 70 percent or greater;

(2) paid the required fees; and

(3) met all requirements of this chapter.

(b) An apprentice permit is valid for one year. The department [committee] may extend the apprentice permit for an additional period not to exceed one year [six months].

(c) An apprentice permit holder shall work under the supervision of a license holder [licensed hearing instrument dispenser] for at least one year. During the apprentice year, the apprentice permit holder shall complete 20 hours of classroom continuing education as required by Section 402.303 for a license holder.

SECTION 1.103. Section 402.208, Occupations Code, is amended to read as follows:

Sec. 402.208. ISSUANCE OF LICENSE. The department [committee] shall issue a [hearing instrument dispenser's] license to an apprentice permit holder when the department [committee] has received sufficient evidence that the apprentice permit holder has met all the licensing requirements of this chapter.

SECTION 1.104. Sections 402.209(a), (c), (e), (f), and (i), Occupations Code, are amended to read as follows:

(a) A person licensed to fit and dispense hearing instruments in another state may apply for a license under this chapter by submitting a completed [an] application on a form prescribed by the department [committee].

(c) An applicant for a license under this section shall provide as part of the application:

(1) written verification that the applicant is licensed in good standing as a fitter and dispenser of hearing instruments in another state and has held the license for at least three years preceding the date of application;

(2) written verification that:

(A) the requirements to obtain a license to fit and dispense hearing instruments in the state in which the applicant is licensed include passing an examination approved by the commission [committee] by rule; or

(B) the applicant holds a certification from a professional organization approved by the commission [committee] by rule;

(3) a written statement from the licensing entity in the state in which the applicant is licensed that details any disciplinary action taken by the entity against the applicant; and

(4) a statement of the applicant's criminal history acceptable to the department [committee].

(e) If the department approves an application, on the next regularly scheduled examination date the applicant may take the practical section of the examination required under Section 402.202 and a written examination of Texas law administered by the department. If the applicant passes the examinations required under this section, the department [committee] shall issue to the applicant a license under this chapter.

(f) The department may allow an applicant under this section who satisfies all application requirements other than the requirement under Subsection (c)(2) to take all sections of the examination required under Section 402.202. If the applicant passes the examination, the department [committee] shall issue to the applicant a license under this chapter.

(i) The department [committee] may not issue a license under this section to an applicant who is a licensed audiologist in another state. The department [committee] shall inform [refer] the applicant of [to] the licensing requirements of Chapter 401 [State Board of Examiners for Speech-Language Pathology and Audiology].

SECTION 1.105. Section 402.210, Occupations Code, is amended to read as follows:

Sec. 402.210. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE. (a) The department [committee] shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the department [committee], to the department [committee] or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.

(b) The department [committee] may not issue a license to a person who does not comply with the requirement of Subsection (a).

(c) The department [committee] shall conduct a criminal history check of each applicant for a license using information:

(1) provided by the individual under this section; and

(2) made available to the department [committee] by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.

(d) The department [on behalf of the committee] 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 1.106. Section 402.251, Occupations Code, is amended to read as follows:

Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS. (a) The department [committee] shall issue a temporary training permit to a person who:

(1) has never taken the examination administered under this chapter;

(2) possesses the qualifications required under Section 402.203(a);

(3) submits a written application on a form prescribed [provided] by the department [committee] furnishing documentation [sworn evidence] that the applicant satisfies the requirements of Subdivisions (1) and (2); and

(4) pays any required [the temporary training permit] fee.

(b) The department [committee] may issue a new temporary training permit under this section to a person on or after the 365th day after the person's previous temporary training permit expired.

SECTION 1.107. Section 402.252, Occupations Code, is amended to read as follows:

Sec. 402.252. SUPERVISION STATEMENT [AFFIDAVIT]. (a) An application for a temporary training permit must be accompanied by the statement [affidavit] of a person licensed to fit and dispense hearing instruments under this chapter or Chapter 401, other than a person licensed under Section 401.311 or 401.312.

(b) The statement must be on a form prescribed by the department and [affidavit must] state that:

(1) the person will supervise the applicant[, if granted a temporary training permit, will be supervised by the affiant] in all work done by the applicant under the temporary training permit;

(2) the person [affiant] will notify the department [committee] not later than the 10th day after the date of the applicant's termination of supervision by the person [affiant]; and

(3) if the person [affiant] is licensed under Chapter 401, the person [affiant] will comply with all provisions of this chapter and rules adopted under this chapter that relate to the supervision and training of a temporary training permit holder.

SECTION 1.108. Sections 402.253(b) and (c), Occupations Code, are amended to read as follows:

(b) A temporary training permit automatically expires on the first anniversary of the date of issuance unless the department [committee] extends the permit for an additional period not to exceed one year [six months].

(c) The department [committee] may not extend a temporary training permit more than once.

SECTION 1.109. Section 402.254(a), Occupations Code, is amended to read as follows:

(a) The commission by rule [committee] shall establish formal and practical education guidelines for the training of temporary training permit holders.

SECTION 1.110. Section 402.255(d), Occupations Code, is amended to read as follows:

(d) The supervisor shall maintain a log of the contact hours by practicum category on a form prescribed [provided] by the department [committee]. After the temporary training permit holder has completed 150 contact hours, the supervisor and the permit holder shall sign the form, and the form shall be notarized and mailed to the department [committee].

SECTION 1.111. Section 402.256, Occupations Code, is amended to read as follows:

Sec. 402.256. AUTHORITY OF TEMPORARY TRAINING PERMIT HOLDER. (a) A temporary training permit holder may provide routine fitting and dispensing of hearing instruments that have [has] been ordered by the supervisor. The supervisor is the sole judge of whether the permit holder has the qualifications necessary to perform routine fitting and dispensing. A supervisor is accountable to the department [committee] for the actions and misdeeds of a temporary training permit holder acting at the supervisor's discretion.

(b) A temporary training permit holder may not:

(1) own, manage, or independently operate a business that engages in the fitting or sale of hearing instruments; or

(2) advertise or otherwise represent that the permit holder holds a license under this chapter [as a hearing instrument dispenser].

SECTION 1.112. Sections 402.257(a), (c), and (d), Occupations Code, are amended to read as follows:

(a) On the request of a supervisor or temporary training permit holder, the department [committee] may approve a transfer of a permit holder from the permit holder's supervisor to another eligible supervisor before completion of the training.

(c) The department [committee] may approve a second transfer request before completion of the training only under exceptional circumstances. The department [committee] may not approve more than two transfers.

(d) If a transfer is approved, credit may be transferred at the discretion of the department [committee].

SECTION 1.113. Sections 402.301(a) and (f), Occupations Code, are amended to read as follows:

(a) A license under this chapter is valid for two years. The department [committee] shall renew the license every two years on payment of the renewal fee unless the license is suspended or revoked.

(f) The department [committee] may not renew a license unless the license holder provides proof that all equipment that is used by the license holder to produce a measurement in the testing of hearing acuity has been properly calibrated or certified by a qualified technician.

SECTION 1.114. Sections 402.303(a), (b), (c), (d), and (e-1), Occupations Code, are amended to read as follows:

(a) The commission [committee] by rule shall adopt requirements for the continuing education of a license holder, including online continuing education requirements and a requirement that a license holder complete 20 hours of continuing education every two years. The department [committee] may not renew a license unless the license holder demonstrates compliance with the continuing education requirements established by the commission by rule [committee].

(b) A license holder shall provide written proof of attendance or completion of an approved course on a form prescribed by the department [committee].

(c) The department [committee] may waive compliance with the continuing education requirement for license renewal for a license holder who provides evidence of hardship or inability to meet the requirement. The waiver may be granted after review by the department [committee] on an annual basis.

(d) The commission [committee] shall adopt rules to establish reasonable requirements for continuing education sponsors and courses and to clearly define what constitutes a manufacturer or nonmanufacturer sponsor. The department shall review and approve continuing education sponsor and course applications. The department may request assistance from licensed members of the advisory board [committee] in approving a sponsor or course. The department must provide a list of approved continuing education sponsors and continuing education courses, including online courses. The list must be revised and updated periodically. Any continuing education activity must be provided by an approved sponsor. The department shall approve at least five hours of specific courses each year.

(e-1) The department [committee] must allow a license holder to report at least 10 hours of online continuing education credit hours in a single reporting period.

SECTION 1.115. Section 402.304(b), Occupations Code, is amended to read as follows:

(b) A license holder may be credited with continuing education credit hours for a published book or article written by the license holder that contributes to the license holder's professional competence. The department [continuing education committee] may grant credit hours based on the degree to which the published book or article advances knowledge regarding the fitting and dispensing of hearing instruments. A license holder may claim in a reporting period not more than five credit hours for preparation of a publication.

SECTION 1.116. Section 402.305, Occupations Code, is amended to read as follows:

Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The department [committee] may renew the license of a license holder who does not comply with the continuing education requirements of Section [Sections] 402.303 or 402.304 if the license holder:

(1) was licensed for the first time during the 24 months before the reporting date;

(2) has served in the regular armed forces of the United States during part of the 24 months before the reporting date; or

(3) submits proof from an attending physician that the license holder suffered a serious or disabling illness or physical disability that prevented compliance with the continuing education requirements during the 24 months before the reporting date.

SECTION 1.117. Section 402.306, Occupations Code, is amended to read as follows:

Sec. 402.306. DUPLICATE LICENSE. The department [committee] shall issue a duplicate license to a license holder whose license has been lost or destroyed. The department [committee] may prescribe the procedure and requirements for issuance of a duplicate license.

SECTION 1.118. Section 402.351, Occupations Code, is amended to read as follows:

Sec. 402.351. DISPLAY OF LICENSE. A person engaged in fitting and dispensing hearing instruments shall display the person's license in a conspicuous place in the person's principal office and, when required, shall exhibit the license to the department [committee] or its authorized representative.

SECTION 1.119. Section 402.353(c), Occupations Code, is amended to read as follows:

(c) The commission [committee] shall adopt rules necessary to enforce this section.

SECTION 1.120. Section 402.401, Occupations Code, is amended to read as follows:

Sec. 402.401. TRIAL PERIOD. The commission by rule [committee] shall establish guidelines for a 30-day trial period during which a person may cancel the purchase of a hearing instrument.

SECTION 1.121. Section 402.403, Occupations Code, is amended to read as follows:

Sec. 402.403. WRITTEN CONTRACT. The owner of a hearing instrument fitting and dispensing practice shall ensure that each client receives a written contract at the time of purchase of a hearing instrument that contains:

(1) the signature of the license holder who dispensed the hearing instrument;

(2) the printed name of the license holder who dispensed the hearing instrument;

(3) the address of the principal office of the license holder who dispensed the hearing instrument;

(4) the license number of the license holder who dispensed the hearing instrument;

(5) a description of the make and model of the hearing instrument;

(6) the amount charged for the hearing instrument;

(7) a statement of whether the hearing instrument is new, used, or rebuilt;

(8) notice of the 30-day trial period under Section 402.401; and

(9) the name, mailing address, e-mail address, and telephone number of the department [committee].

SECTION 1.122. Section 402.404, Occupations Code, is amended to read as follows:

Sec. 402.404. SURETY BONDING. (a) A sole proprietor, partnership, corporation, or other legal entity engaged in the fitting and dispensing of hearing instruments shall file with the department [committee] security in a form provided by Subsection (b) in the amount of $10,000 and conditioned on the promise to pay all:

(1) taxes and contributions owed to the state and political subdivisions of the state by the entity; and

(2) judgments that the entity may be required to pay for:

(A) negligently or improperly dispensing hearing instruments; or

(B) breaching a contract relating to the dispensing of hearing instruments.

(b) The security may be a bond, a cash deposit, or another negotiable security acceptable to the department [committee].

(c) A bond required by this section remains in effect until canceled by action of the surety, the principal, or the department [committee]. A person must take action on the bond not later than the third anniversary of the date the bond is canceled.

SECTION 1.123. Section 402.451(a), Occupations Code, is amended to read as follows:

(a) A person may not:

(1) buy, sell, or fraudulently obtain a license or aid another person to do so;

(2) alter a license with the intent to defraud;

(3) wilfully make a false statement in an application to the department [committee] for a license, a temporary training permit, or the renewal of a license;

(4) falsely impersonate a license holder;

(5) engage in the fitting and dispensing of hearing instruments when the person's license is suspended or revoked;

(6) dispense or fit a hearing instrument on a person who has ordered the hearing instrument or device by mail unless the person dispensing or fitting is a license holder under this chapter or under Chapter 401; or

(7) sell a hearing instrument by mail.

SECTION 1.124. Section 402.501, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION. The commission or executive director [committee] may refuse to issue or renew a license, revoke or suspend a license or permit, place on probation a person whose license or permit has been suspended, or reprimand a license or permit holder who:

(1) makes a material misstatement in furnishing information to the department [committee] or to another state or federal agency;

(2) violates this chapter or a rule adopted under this chapter;

(3) is convicted of a felony or misdemeanor that includes dishonesty as an essential element or of a crime directly related to the practice of fitting and dispensing hearing instruments;

(4) makes a misrepresentation for the purpose of obtaining or renewing a license, including falsifying the educational requirements under this chapter;

(5) is professionally incompetent or engages in malpractice or dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;

(6) aids or assists another person in violating this chapter or a rule adopted under this chapter;

(7) does not provide information in response to a written request made by the department within 60 days;

(8) directly or indirectly knowingly employs, hires, procures, or induces a person not licensed under this chapter to fit and dispense hearing instruments unless the person is exempt under this chapter;

(9) aids a person not licensed under this chapter in the fitting or dispensing of hearing instruments unless the person is exempt under this chapter;

(10) is habitually intoxicated or addicted to a controlled substance;

(11) directly or indirectly gives to or receives from a person a fee, commission, rebate, or other form of compensation for a service not actually provided;

(12) violates a term of probation;

(13) wilfully makes or files a false record or report;

(14) has a physical illness that results in the inability to practice the profession with reasonable judgment, skill, or safety, including the deterioration or loss of motor skills through aging;

(15) solicits a service by advertising that is false or misleading;

(16) participates in subterfuge or misrepresentation in the fitting or dispensing of a hearing instrument;

(17) knowingly advertises for sale a model or type of hearing instrument that cannot be purchased;

(18) falsely represents that the service of a licensed physician or other health professional will be used or made available in the fitting, adjustment, maintenance, or repair of a hearing instrument;

(19) falsely uses the term "doctor," "audiologist," "clinic," "clinical audiologist," "state licensed," "state certified," "licensed hearing instrument dispenser," "board certified hearing instrument specialist," "hearing instrument specialist," or "certified hearing aid audiologist," or uses any other term, abbreviation, or symbol that falsely gives the impression that:

(A) a service is being provided by a person who is licensed or has been awarded a degree or title; or

(B) the person providing a service has been recommended by a government agency or health provider;

(20) advertises a manufacturer's product or uses a manufacturer's name or trademark in a way that implies a relationship between a license or permit holder and a manufacturer that does not exist;

(21) directly or indirectly gives or offers to give, or permits or causes to be given, money or another thing of value to a person who advises others in a professional capacity as an inducement to influence the person to influence the others to:

(A) purchase or contract to purchase products sold or offered for sale by the license or permit holder; or

(B) refrain from purchasing or contracting to purchase products sold or offered for sale by another license or permit holder under this chapter;

(22) with fraudulent intent fits and dispenses a hearing instrument under any name, including a false name or alias;

(23) does not adequately provide for the service or repair of a hearing instrument fitted and sold by the license holder; or

(24) violates a regulation of the federal Food and Drug Administration or the Federal Trade Commission relating to hearing instruments.

SECTION 1.125. The heading to Section 402.551, Occupations Code, is amended to read as follows:

Sec. 402.551. AMOUNT OF ADMINISTRATIVE PENALTY.

SECTION 1.126. Section 402.551(b), Occupations Code, is amended to read as follows:

(b) The amount of an [the] administrative penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may not exceed $250 plus costs for the first violation and $1,000 plus costs for each subsequent violation.

SECTION 1.127. Section 402.5521, Occupations Code, is amended to read as follows:

Sec. 402.5521. [COMMITTEE-ORDERED] REFUND FOR HEARING INSTRUMENT. The commission or executive director [committee] may order a license holder to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 402.1021.

SECTION 1.128. Section 402.553(a), Occupations Code, is amended to read as follows:

(a) A person who violates this chapter or a rule adopted or order issued [adopted by the committee] under this chapter is liable for a civil penalty not to exceed $5,000 a day.

SECTION 1.129. Section 403.001, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended by adding Subdivision (1) and amending Subdivisions (2) and (3) to read as follows:

(1) "Commission" means the Texas Commission of Licensing and Regulation.

(2) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(3) "Executive director" [commissioner"] means the executive director [commissioner] of the department [Health and Human Services Commission].

SECTION 1.130. Section 403.051, Occupations Code, is amended to read as follows:

Sec. 403.051. ADVISORY COMMITTEE. The department shall appoint an advisory committee to provide advice and recommendations to [advise] the department on technical matters relevant to the administration of [in administering] this chapter.

SECTION 1.131. Subchapter B, Chapter 403, Occupations Code, is amended by adding Section 403.0511 to read as follows:

Sec. 403.0511. GENERAL POWERS AND DUTIES. The executive director shall administer and enforce this chapter.

SECTION 1.132. Section 403.052, Occupations Code, is amended to read as follows:

Sec. 403.052. STANDARDS OF ETHICAL PRACTICE [RULES]. The commission [executive commissioner] shall adopt rules [necessary to administer and enforce this chapter, including rules] that establish standards of ethical practice.

SECTION 1.133. Section 403.103(a), Occupations Code, is amended to read as follows:

(a) A license applicant must apply to the department on a form and in the manner prescribed by the executive director [the department prescribes].

SECTION 1.134. The heading to Section 403.107, Occupations Code, is amended to read as follows:

Sec. 403.107. EXAMINATION[; RULES].

SECTION 1.135. Section 403.107(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) To obtain a license, an applicant must:

(1) pass a written examination approved by the department under Subsection (b); and

(2) pay the required fees [set by the executive commissioner by rule].

SECTION 1.136. Sections 403.152(a) and (b), Occupations Code, are amended to read as follows:

(a) A license holder's license may not be renewed unless the license holder meets the continuing education requirements established by the commission by rule [executive commissioner].

(b) The commission [executive commissioner], in consultation with the advisory committee, shall establish the continuing education requirements in a manner that allows a license holder to comply without an extended absence from the license holder's county of residence.

SECTION 1.137. The heading to Subchapter E, Chapter 403, Occupations Code, is amended to read as follows:

SUBCHAPTER E. LICENSE DENIAL; [COMPLAINT AND] DISCIPLINARY

PROCEDURES

SECTION 1.138. Section 403.202, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 403.202. PROHIBITED ACTIONS. A license holder may not:

(1) obtain a license by means of fraud, misrepresentation, or concealment of a material fact;

(2) sell, barter, or offer to sell or barter a license; or

(3) engage in unprofessional conduct that endangers or is likely to endanger the health, welfare, or safety of the public as defined by commission [department] rule.

SECTION 1.139. Section 403.203, Occupations Code, is amended to read as follows:

Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If a license holder violates this chapter or a rule or code of ethics adopted by the commission [executive commissioner], the commission or executive director [department] shall:

(1) revoke or suspend the license;

(2) place on probation the person if the person's license has been suspended;

(3) reprimand the license holder; or

(4) refuse to renew the license.

SECTION 1.140. Section 403.204(a), Occupations Code, is amended to read as follows:

(a) The commission or executive director [department] may deny a license or may suspend or revoke a license if the applicant or license holder has been convicted of a misdemeanor involving moral turpitude or a felony. The commission or executive director [department] may take action authorized by this section when:

(1) the time for appeal of the person's conviction has elapsed;

(2) the judgment or conviction has been affirmed on appeal; or

(3) an order granting probation is made suspending the imposition of the person's sentence, without regard to whether a subsequent order:

(A) allows withdrawal of a plea of guilty;

(B) sets aside a verdict of guilty; or

(C) dismisses an information or indictment.

SECTION 1.141. Section 403.207(a), Occupations Code, is amended to read as follows:

(a) The commission [executive commissioner], in consultation with the advisory committee, by rule shall adopt a broad schedule of sanctions for a violation of this chapter.

SECTION 1.142. Section 403.209, Occupations Code, is amended to read as follows:

Sec. 403.209. MONITORING OF LICENSE HOLDER. (a) The commission [executive commissioner] by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter.

(b) Rules adopted under this section must include procedures to:

(1) monitor for compliance a license holder who is ordered by the commission or executive director [department] to perform certain acts; and

(2) identify and monitor license holders who represent a risk to the public.

SECTION 1.143. Section 403.212, Occupations Code, is amended to read as follows:

Sec. 403.212. REPRIMAND; CONTINUING EDUCATION. (a) In addition to other disciplinary action authorized by this subchapter, the commission or executive director [department] may:

(1) issue a written reprimand to a license holder who violates this chapter; or

(2) require that a license holder who violates this chapter attend continuing education programs.

(b) The commission or executive director [department], in consultation with the advisory committee, may specify the number of hours of continuing education that must be completed by a license holder to fulfill the requirement of Subsection (a)(2).

SECTION 1.144. The heading to Subchapter F, Chapter 403, Occupations Code, is amended to read as follows:

SUBCHAPTER F. PENALTIES [AND OTHER ENFORCEMENT PROCEDURES]

SECTION 1.145. Section 403.251(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) A person who violates this chapter or[,] a rule adopted [by the executive commissioner under this chapter,] or [an] order issued [adopted by the department] under this chapter is liable for a civil penalty not to exceed $500 for each occurrence.

SECTION 1.146. Section 451.001, Occupations Code, is amended by amending Subdivision (2), amending Subdivisions (5) and (6), as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, and adding Subdivision (7) to read as follows:

(2) "Athletic trainer" means a person who practices athletic training, is licensed by the department [board], and may use the initials "LAT," "LATC," and "AT" to designate the person as an athletic trainer. The terms "sports trainer" and "licensed athletic trainer" are equivalent to "athletic trainer."

(5) "Commission" ["Commissioner"] means the Texas Commission of Licensing and Regulation [commissioner of state health services].

(6) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(7) "Executive director" means the executive director of the department.

SECTION 1.147. Section 451.003, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 451.003. APPLICABILITY. This chapter does not apply to:

(1) a physician licensed by the Texas Medical Board;

(2) a dentist, licensed under the laws of this state, engaged in the practice of dentistry;

(3) a licensed optometrist or therapeutic optometrist engaged in the practice of optometry or therapeutic optometry as defined by statute;

(4) an occupational therapist engaged in the practice of occupational therapy;

(5) a nurse engaged in the practice of nursing;

(6) a licensed podiatrist engaged in the practice of podiatry as defined by statute;

(7) a physical therapist engaged in the practice of physical therapy;

(8) a registered massage therapist engaged in the practice of massage therapy;

(9) a commissioned or contract physician, physical therapist, or physical therapist assistant in the United States Army, Navy, Air Force, or Public Health Service; or

(10) an athletic trainer who does not live in this state, who is licensed, registered, or certified by an authority recognized by the department [board], and who provides athletic training in this state for a period determined by the department [board].

SECTION 1.148. Section 451.051(b), Occupations Code, is amended to read as follows:

(b) The board consists of five members appointed by the presiding officer of the commission [governor] with the approval [advice and consent] of the commission [senate] as follows:

(1) three members who are athletic trainers; and

(2) two members who represent the public.

SECTION 1.149. Subchapter B, Chapter 451, Occupations Code, is amended by adding Section 451.0521 to read as follows:

Sec. 451.0521. DUTIES OF BOARD. The board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

SECTION 1.150. Section 451.053(b), Occupations Code, is amended to read as follows:

(b) If a vacancy occurs on the board, the presiding officer of the commission, with the commission's approval, [governor] shall appoint a replacement who meets the qualifications for the vacant position [successor] to serve for the unexpired portion of the term.

SECTION 1.151. Section 451.055, Occupations Code, is amended to read as follows:

Sec. 451.055. PRESIDING OFFICER [OFFICERS]. [(a)] The presiding officer of the commission [governor] shall designate a member of the board [as the board's presiding officer] to serve as the presiding officer of the board for [in that capacity at the will of the governor. The board shall elect an assistant presiding officer and secretary-treasurer from its members. The assistant presiding officer and secretary-treasurer serve] a one-year term. The presiding officer of the board may vote on any matter before the board.

SECTION 1.152. Section 451.056, Occupations Code, is amended to read as follows:

Sec. 451.056. MEETINGS. The board shall meet at [least twice a year. The board may hold additional meetings on] the call of the presiding officer of the commission or the executive director [at the written request of any three members of the board].

SECTION 1.153. The heading to Subchapter C, Chapter 451, Occupations Code, is amended to read as follows:

SUBCHAPTER C. [BOARD] POWERS AND DUTIES

SECTION 1.154. Section 451.101, Occupations Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:

(a) The executive director shall administer and enforce this chapter.

(a-1) The department [board] shall:

(1) adopt an official seal;

(2) prescribe the application form for a license applicant;

(3) prescribe a suitable form for a license certificate; [and]

(4) prepare and conduct an examination for license applicants;

(5) maintain a complete record of all licensed athletic trainers; and

(6) annually prepare a roster showing the names and addresses of all licensed athletic trainers.

(a-2) The department shall make a copy of the roster available to any person requesting it on payment of a fee established by the department in an amount sufficient to cover the cost of the roster.

SECTION 1.155. The heading to Section 451.110, Occupations Code, is amended to read as follows:

Sec. 451.110. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY INFORMATION [SUBPOENAS].

SECTION 1.156. Sections 451.110(h) and (i), Occupations Code, are amended to read as follows:

(h) All information and materials subpoenaed or compiled by the department [board] in connection with a complaint and investigation are confidential and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department [board] or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to:

(1) persons involved with the department [board] in a disciplinary action against the holder of a license;

(2) athletic trainer licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the commission [board] under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the department [board] against a holder of a license, the nature of those charges, disciplinary proceedings of the department, commission, or executive director [board], and final disciplinary actions, including warnings and reprimands, by the department, commission, or executive director [board] are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.

SECTION 1.157. Section 451.152, Occupations Code, is amended to read as follows:

Sec. 451.152. LICENSE APPLICATION. An applicant for an athletic trainer license must submit to the department [board]:

(1) an application in the manner and on a form prescribed by the executive director [board]; and

(2) the required examination fee.

SECTION 1.158. Section 451.153, Occupations Code, is amended to read as follows:

Sec. 451.153. APPLICANT QUALIFICATIONS. (a) An applicant for an athletic trainer license must:

(1) have met the athletic training curriculum requirements of a college or university approved by the commission [board] and give proof of graduation;

(2) hold a degree or certificate in physical therapy and have completed:

(A) a basic athletic training course from an accredited college or university; and

(B) an apprenticeship described by Subsection (b); or

(3) have a degree in corrective therapy with at least a minor in physical education or health that includes a basic athletic training course and meet the apprenticeship requirement or any other requirement established by the commission [board].

(b) The apprenticeship required to be completed by an applicant consists of 720 hours completed in two years under the direct supervision of a licensed athletic trainer acceptable to the department [board]. Actual working hours include a minimum of 20 hours a week during each fall semester.

SECTION 1.159. Section 451.156, Occupations Code, is amended to read as follows:

Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An applicant for an athletic trainer license is entitled to receive the license if the applicant:

(1) satisfies the requirements of Section 451.153 or 451.154;

(2) passes [satisfactorily completes] the examination required [administered] by the department [board];

(3) pays the required license fee; and

(4) has not committed an act that constitutes grounds for refusal of a license under Section 451.251.

SECTION 1.160. Section 451.157, Occupations Code, is amended to read as follows:

Sec. 451.157. TEMPORARY LICENSE. (a) The department [board] may issue a temporary license to an applicant if the applicant satisfies:

(1) the requirements of Section 451.153 or 451.154; and

(2) any other requirement established by the commission [board].

(b) The commission [board] by rule shall prescribe the time during which a temporary license is valid.

SECTION 1.161. The heading to Section 451.201, Occupations Code, is amended to read as follows:

Sec. 451.201. LICENSE EXPIRATION; RENEWAL.

SECTION 1.162. Section 451.201(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) A license issued under Section 451.156 expires on the second anniversary of the date of issuance and may be renewed biennially.

SECTION 1.163. Section 451.251(a), Occupations Code, is amended to read as follows:

(a) The commission or executive director [board] may refuse to issue a license to an applicant and shall reprimand a license holder or suspend, revoke, or refuse to renew a person's license if the person:

(1) has been convicted of a misdemeanor involving moral turpitude or a felony;

(2) obtained the license by fraud or deceit;

(3) violated or conspired to violate this chapter or a rule adopted under this chapter; or

(4) provided services outside the scope of practice of athletic training.

SECTION 1.164. The heading to Section 451.351, Occupations Code, is amended to read as follows:

Sec. 451.351. AMOUNT [IMPOSITION] OF ADMINISTRATIVE PENALTY.

SECTION 1.165. Section 451.351(c), Occupations Code, is amended to read as follows:

(c) The amount of an administrative [the] penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may not exceed $500 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The total amount of the penalty assessed for a violation continuing or occurring on separate days under this subsection may not exceed $2,500.

SECTION 1.166. Section 605.002, Occupations Code, is amended by amending Subdivision (1), amending Subdivision (5), as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, and adding Subdivisions (2) and (5-a) to read as follows:

(1) "Advisory board" ["Board"] means the Orthotists and Prosthetists Advisory [Texas] Board [of Orthotics and Prosthetics].

(2) "Commission" means the Texas Commission of Licensing and Regulation.

(5) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(5-a) "Executive director" means the executive director of the department.

SECTION 1.167. The heading to Subchapter B, Chapter 605, Occupations Code, is amended to read as follows:

SUBCHAPTER B. ORTHOTISTS AND PROSTHETISTS ADVISORY [TEXAS] BOARD

[OF ORTHOTICS AND PROSTHETICS]

SECTION 1.168. Section 605.052, Occupations Code, is amended to read as follows:

Sec. 605.052. ADVISORY [APPOINTMENT OF] BOARD[;] MEMBERSHIP. (a) The advisory board consists of seven members appointed by the presiding officer of the commission [governor] with the approval [advice and consent] of the commission [senate] as follows:

(1) two [one] licensed orthotist members [member] who each have [has] practiced orthotics for the five years preceding the date of appointment;

(2) two [one] licensed prosthetist members [member] who each have [has] practiced prosthetics for the five years preceding the date of appointment;

(3) one licensed prosthetist orthotist member who has practiced orthotics and prosthetics for the five years preceding the date of appointment;

(4) one member who is a representative of the public who uses an orthosis; and

(5) one member who is a representative of the public who uses a prosthesis[; and

[(6) two members who are representatives of the public who do not use an orthosis or prosthesis].

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

SECTION 1.169. Subchapter B, Chapter 605, Occupations Code, is amended by adding Section 605.0521 to read as follows:

Sec. 605.0521. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

SECTION 1.170. Section 605.055, Occupations Code, is amended to read as follows:

Sec. 605.055. TERMS; VACANCY. (a) Members of the advisory board serve staggered six-year terms. The terms of two or three members expire on February 1 of each odd-numbered year.

(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, [governor] shall appoint a replacement who meets the qualifications for the vacant position [person] to serve for the remainder of the term.

SECTION 1.171. Section 605.056, Occupations Code, is amended to read as follows:

Sec. 605.056. PRESIDING OFFICER [OFFICERS]. The members of the advisory board shall elect from the advisory board's membership a presiding officer of the advisory board to serve for a term of one year. The presiding officer of the advisory board may vote on any matter before the advisory board[, a secretary, and other officers as required to conduct the board's business].

SECTION 1.172. Section 605.059, Occupations Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows:

(b) The advisory [A special meeting of the] board shall meet at the call of [be called by] the presiding officer of the commission or the executive director [or on the written request of any three members].

(c) Four or more advisory board members may call a special meeting of the advisory board by providing written notice not less than 14 days before the date of the meeting to:

(1) the presiding officer of the commission;

(2) the executive director; and

(3) all other members of the advisory board.

(d) Not more than two special meetings of the advisory board may be called under Subsection (c) in a calendar year.

SECTION 1.173. Section 605.151, Occupations Code, is amended to read as follows:

Sec. 605.151. GENERAL POWERS AND DUTIES [OF BOARD]. The executive director shall administer and enforce this chapter [board may:

[(1) investigate complaints;

[(2) issue, suspend, deny, and revoke licenses;

[(3) reprimand license holders and place license holders on probation;

[(4) in connection with a hearing under Section 605.353, issue subpoenas;

[(5) hold hearings; and

[(6) use personnel, facilities, furniture, equipment, and other items supplied by the department to administer this chapter].

SECTION 1.174. Section 605.155, Occupations Code, is amended to read as follows:

Sec. 605.155. EXAMINATIONS. The department [board] must approve any examination required for a license under this chapter. Each examination shall be offered at least once each year.

SECTION 1.175. The heading to Subchapter E, Chapter 605, Occupations Code, is amended to read as follows:

SUBCHAPTER E. [PUBLIC INTEREST INFORMATION AND] COMPLAINT

INFORMATION [PROCEDURES]

SECTION 1.176. The heading to Section 605.2021, Occupations Code, is amended to read as follows:

Sec. 605.2021. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY INFORMATION [SUBPOENAS].

SECTION 1.177. Sections 605.2021(h) and (i), Occupations Code, are amended to read as follows:

(h) All information and materials subpoenaed or compiled by the department [board] in connection with a complaint and investigation are confidential and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department [board] or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to:

(1) persons involved with the department [board] in a disciplinary action against the holder of a license;

(2) professional orthotist or prosthetist disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the commission [board] under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the department [board] against a holder of a license, the nature of those charges, disciplinary proceedings of the department, commission, or executive director [board], and final disciplinary actions, including warnings and reprimands, by the department, commission, or executive director [board] are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.

SECTION 1.178. Section 605.251, Occupations Code, is amended to read as follows:

Sec. 605.251. LICENSE REQUIRED. A person may not practice, attempt to practice, or offer to practice orthotics or prosthetics, act as an assistant to a person who practices orthotics or prosthetics, or in any way hold the person out as being able to practice orthotics or prosthetics unless the person holds a license [issued by the board] under this chapter.

SECTION 1.179. Section 605.252, Occupations Code, is amended to read as follows:

Sec. 605.252. LICENSE ELIGIBILITY. (a) To be eligible for a license to practice orthotics or prosthetics in this state, a person must:

(1) submit an [file a written] application in the manner and [with the board] on the form prescribed by the executive director [board];

(2) pay the nonrefundable application fee;

(3) be a resident of this state;

(4) have completed formal training, including the required hours of classroom education and clinical practice, in an area of study the commission [board] by rule determines to be necessary and appropriate;

(5) have completed a clinical residency in the professional area for which a license is sought that complies with the standards, guidelines, or procedures established by the department [board] for a clinical residency that is offered in this state or another state; and

(6) have passed each written and practical examination approved and required by the department [board].

(b) The requirements for a license established by commission [board] rule must include the requirement that the applicant hold:

(1) a bachelor's or graduate degree in orthotics and prosthetics from:

(A) an education program recognized and accredited by the Commission on Accreditation of Allied Health Education Programs that is offered at an institution of higher education; or

(B) a practitioner education program that has education standards that are equivalent to or exceed the standards adopted by the Commission on Accreditation of Allied Health Education Programs; or

(2) a bachelor's degree in another subject and an orthotic or prosthetic certificate issued by a practitioner education program:

(A) recognized and accredited by the Commission on Accreditation of Allied Health Education Programs; or

(B) that has education standards that are equivalent to or exceed the standards adopted by the Commission on Accreditation of Allied Health Education Programs.

(c) To meet the clinical residency requirements for a license, the applicant must complete a professional clinical residency that meets the requirements established by commission [board] rule and is conducted under the direct supervision of a licensed orthotist, licensed prosthetist, or a licensed prosthetist orthotist in the discipline for which licensure is sought. The clinical residency requirements adopted by the commission [board] must be equivalent to or exceed the standards set by the National Commission on Orthotic and Prosthetic Education.

(d) The department [board] may accept as a substitute for the examination requirement proof that the license applicant holds a license in a state that has licensing requirements that are equal to or exceed the requirements of this chapter.

SECTION 1.180. Sections 605.254(a) and (c), Occupations Code, are amended to read as follows:

(a) A person is entitled to an exemption from the license requirements established [by the board] under Section 605.252 if the person is a resident of this state who[:

[(1) applies for the exemption not later than the 181st day after the date on which the board's initial rules are finally adopted and:

[(A) has provided comprehensive orthotic or prosthetic care for at least three years before the date of the application, including practicing orthotics or prosthetics in this state for the year preceding that date; or

[(B) has provided comprehensive orthotic and prosthetic care for at least six years, including practicing orthotics and prosthetics in this state for the year preceding the application date; or

[(2)] presents evidence satisfactory to the department [board] that the person possesses unique qualifications to practice orthotics, prosthetics, or orthotics and prosthetics.

(c) The department [board] shall issue a license to a person who is determined to be eligible for a license under Subsection (a) [or (b)]. A person to whom a license is issued under this subsection is entitled to the same license privileges as if the person met the educational and vocational requirements of Section 605.252. The license holder is subject to the license renewal requirements established by the commission [board], other than the academic, clinical training, and examination requirements, which the commission [board] may not impose as a condition of the person's license.

SECTION 1.181. Sections 605.255(a) and (b), Occupations Code, are amended to read as follows:

(a) An applicant for a license as an orthotist assistant or prosthetist assistant must:

(1) submit an application in the manner and [file a written application with the board] on a form prescribed [provided] by the executive director [board];

(2) pay the nonrefundable application fee established [prescribed] by the commission by rule [board]; and

(3) present evidence satisfactory to the department [board] that the applicant has completed an education program, including courses in the anatomical, biological, and physical sciences, and a clinical residency as prescribed and adopted by the commission by rule [board].

(b) An assistant licensed under this section may provide only ancillary patient care services, as defined by the commission by rule [board], in the discipline in which the assistant's supervisor is licensed under this chapter.

SECTION 1.182. Sections 605.256(a) and (b), Occupations Code, are amended to read as follows:

(a) The department [board] may issue a license or registration certificate under this chapter only to an individual.

(b) The department [board] shall issue a license in orthotics or prosthetics to an applicant who meets the requirements provided under this chapter. A license may be granted in either orthotics or prosthetics, or in both, if the person meets the requirements established by the department [board].

SECTION 1.183. Section 605.257, Occupations Code, is amended to read as follows:

Sec. 605.257. TEMPORARY LICENSE. (a) The department [board] may issue a temporary license to an individual who:

(1) has recently become a resident of this state;

(2) has applied for a license as an orthotist, prosthetist, or both; and

(3) has:

(A) practiced orthotics regularly since January 1, 1996; or

(B) been licensed by the state in which the person formerly resided if that state has license requirements that are equal to or exceed the requirements of this chapter.

(b) A temporary license is valid for one year from the date issued. A temporary license may be renewed for not more than one additional year if the applicant presents evidence sufficient to the department [board] of good cause for renewal.

SECTION 1.184. Section 605.258(a), Occupations Code, is amended to read as follows:

(a) The department [board] may issue a student registration certificate to an individual who is working toward fulfilling the requirements for a license as an orthotist, prosthetist, or prosthetist orthotist and:

(1) holds either:

(A) a bachelor's or graduate degree in orthotics and prosthetics from:

(i) an education program recognized and accredited by the Commission on Accreditation of Allied Health Education Programs that is offered at an institution of higher education; or

(ii) a practitioner education program that has education standards that are equivalent to or exceed the standards adopted by the Commission on Accreditation of Allied Health Education Programs; or

(B) a bachelor's degree in another subject and an orthotic or prosthetic certificate issued by a practitioner education program:

(i) recognized and accredited by the Commission on Accreditation of Allied Health Education Programs; or

(ii) that has education standards that are equivalent to or exceed the standards adopted by the Commission on Accreditation of Allied Health Education Programs; or

(2) is a student who:

(A) is currently enrolled in a graduate program in this state in orthotics and prosthetics that:

(i) is recognized and accredited by the Commission on Accreditation of Allied Health Education Programs; and

(ii) incorporates a professional clinical residency that meets the requirements of rules adopted under Section 605.252(c); and

(B) submits to the department [board] a written certification from the graduate program in which the student is enrolled that the student has successfully completed the academic prerequisites to enter a professional clinical residency.

SECTION 1.185. Section 605.259(a), Occupations Code, is amended to read as follows:

(a) The department [board] may issue a registered orthotic technician or registered prosthetic technician certificate to an applicant who:

(1) submits an [files a written] application in the manner and [with the board] on a form prescribed [provided] by the executive director [board];

(2) pays the nonrefundable application fee; and

(3) presents evidence satisfactory to the department [board] that the applicant has completed an education program and laboratory experience as prescribed by the commission by rule [board].

SECTION 1.186. Sections 605.260(a), (b), and (c), Occupations Code, are amended to read as follows:

(a) The commission [board] by rule shall establish requirements for the accreditation and the renewal of an accreditation of an orthotic or prosthetic facility in which orthotics or prosthetics are conducted. The department [board] may issue an accreditation only to an orthotic or prosthetic facility.

(b) If a person owns more than one facility, the department [board] may require only one application for the accreditation of each of the person's facilities. Each orthotic or prosthetic facility must meet the requirements established by commission rule [the board].

(c) An orthotic or prosthetic facility must be under the on-site direction of an orthotist or prosthetist licensed by the department [board] in the discipline for which accreditation is sought.

SECTION 1.187. Section 605.261, Occupations Code, is amended to read as follows:

Sec. 605.261. CONTINUING EDUCATION. (a) The commission [board] shall:

(1) adopt rules that require a license holder to participate in an approved continuing education program to renew a license issued under this chapter; and

(2) prepare or approve continuing education programs for license holders.

(b) To renew a license under this chapter, an applicant must submit to the department [board] evidence of satisfactory completion of the continuing education requirements required by the commission [board].

(c) The department [board] shall notify a license holder who has failed to comply with the [board's] continuing education requirements of the license holder's failure to comply and that failure to obtain the required continuing education before the expiration of three months after the date the notice is given constitutes grounds for the commission or executive director [board] to suspend or revoke the license holder's license.

SECTION 1.188. Section 605.353, Occupations Code, is amended to read as follows:

Sec. 605.353. DISCIPLINARY ACTIONS. (a) After notice and opportunity for a hearing, the commission or executive director [board] may revoke, suspend, or refuse to renew a license issued under this chapter on a finding that:

(1) the license was obtained by fraud, misrepresentation, or concealment of a material fact;

(2) the person engaged in fraud or deceit in connection with services provided by the person;

(3) the person engaged in unprofessional or unethical conduct;

(4) the person engaged in gross negligence or malpractice; or

(5) the person violated this chapter or a rule adopted under this chapter.

(b) The commission or executive director [board] may reinstate a license revoked under Subsection (a) after the first anniversary of the date of the revocation on terms the commission or executive director [board] determines to be necessary.

SECTION 1.189. Section 605.354(c), Occupations Code, is amended to read as follows:

(c) The attorney general shall bring an action in the name of the state at the department's [board's] request to collect a civil penalty under this section.

SECTION 1.190. Section 605.402(a), Occupations Code, is amended to read as follows:

(a) The amount of an [the] administrative penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may not be less than $50 or more than $5,000 for each violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.

SECTION 1.191. Section 701.002, Occupations Code, is amended by amending Subdivisions (1), (2), and (4) and adding Subdivision (1-a) to read as follows:

(1) "Advisory board" means the Dietitians Advisory Board.

(1-a) "Commission" ["Commissioner"] means the Texas Commission of Licensing and Regulation [commissioner of state health services].

(2) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(4) "Executive director" ["Dietitians board"] means the executive director of the department [Texas State Board of Examiners of Dietitians].

SECTION 1.192. The heading to Subchapter B, Chapter 701, Occupations Code, is amended to read as follows:

SUBCHAPTER B. [TEXAS STATE BOARD OF EXAMINERS OF] DIETITIANS

ADVISORY BOARD

SECTION 1.193. Section 701.051, Occupations Code, is amended to read as follows:

Sec. 701.051. DIETITIANS ADVISORY BOARD MEMBERSHIP. (a) The advisory board [Texas State Board of Examiners of Dietitians] consists of nine members appointed by the presiding officer of the commission [governor] with the approval [advice and consent] of the commission [senate] as follows:

(1) six licensed dietitian members, each of whom has been licensed under this chapter for not less than three years before the member's date of appointment; and

(2) three members who represent the public.

(b) In appointing dietitian members to the advisory [dietitians] board, the presiding officer of the commission [governor] shall attempt to maintain balanced representation among the following primary areas of expertise included in the professional discipline of dietetics:

(1) clinical;

(2) educational;

(3) management;

(4) consultation; and

(5) community.

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

SECTION 1.194. Subchapter B, Chapter 701, Occupations Code, is amended by adding Section 701.0511 to read as follows:

Sec. 701.0511. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

SECTION 1.195. Section 701.054, Occupations Code, is amended to read as follows:

Sec. 701.054. TERMS; VACANCIES. (a) Members of the advisory [dietitians] board serve staggered six-year terms. The terms of three [two] members begin on September 1 of each odd-numbered year.

(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.

SECTION 1.196. Section 701.057, Occupations Code, is amended to read as follows:

Sec. 701.057. PRESIDING OFFICER [OFFICERS]. [(a)] The presiding officer of the commission [governor] shall designate a member of the advisory [dietitians] board as the presiding officer of the advisory board to serve for a term of one year [in that capacity at the pleasure of the governor]. The presiding officer of the advisory board may vote on any matter before the advisory board.

[(b) Not later than the 30th day after the date the governor appoints new board members, the dietitians board shall meet to elect an assistant presiding officer, who holds office according to board rules.]

SECTION 1.197. Section 701.058, Occupations Code, is amended to read as follows:

Sec. 701.058. MEETINGS. The advisory [dietitians] board shall meet at the call of the presiding officer of the commission or the executive director [hold at least two regular meetings each year as provided by board rules].

SECTION 1.198. Section 701.151, Occupations Code, is amended to read as follows:

Sec. 701.151. GENERAL POWERS AND DUTIES [OF DIETITIANS BOARD]. (a) The executive director shall administer and enforce this chapter.

(b) The department [dietitians board] shall:

(1) adopt an official seal;

(2) adopt and publish a code of ethics;

(3) establish the qualifications and fitness of applicants for licenses, including renewed and reciprocal licenses;

(4) revoke, suspend, or deny a license, probate a license suspension, or reprimand a license holder for a violation of this chapter, a [board] rule adopted under this chapter, or the code of ethics; and

(5) request and receive any necessary assistance from state educational institutions or other state agencies [spend money necessary to properly administer the board's duties; and

[(6) establish reasonable and necessary fees to administer this chapter].

SECTION 1.199. Subchapter D, Chapter 701, Occupations Code, is amended by adding Section 701.1511 to read as follows:

Sec. 701.1511. REGISTRY. The department shall prepare a registry of licensed dietitians and provisional licensed dietitians and make the registry available to the public, license holders, and appropriate state agencies.

SECTION 1.200. Section 701.154, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 701.154. AMOUNT OF FEES. The commission [(a) After consulting the department, the dietitians board by rule shall set fees in amounts reasonable and necessary to cover the cost of administering this chapter. The fees for issuing or renewing a license must be in amounts designed to allow the department and the dietitians board to recover from the license holders all of the direct and indirect costs to the department and to the dietitians board in administering and enforcing this chapter.

[(b) The dietitians board] may not set a fee that existed on September 1, 1993, in an amount that is less than the amount of that fee on that date.

SECTION 1.201. Section 701.155, Occupations Code, is amended to read as follows:

Sec. 701.155. SEAL. (a) The commission [dietitians board] by rule may require a license holder to:

(1) obtain a seal authorized by the department [board] bearing the license holder's name and the legend "Licensed Dietitian"; and

(2) affix the seal to formal documentation of nutrition services provided by the license holder, as determined necessary and appropriate by the department [board].

(b) If the commission [dietitians board] adopts rules under Subsection (a), the rules must authorize a license holder to comply with Subsection (a)(2) by maintaining a facsimile of the license holder's seal on file at the location where services are provided if:

(1) the services are provided:

(A) in a facility licensed under the Health and Safety Code;

(B) on behalf of a local, state, or federal government agency; or

(C) under other circumstances determined reasonable and necessary by the department [board]; and

(2) the facsimile is maintained on file at all times during which the services are provided.

SECTION 1.202. The heading to Subchapter E, Chapter 701, Occupations Code, is amended to read as follows:

SUBCHAPTER E. [PUBLIC INTEREST INFORMATION AND] COMPLAINT

PROCEDURES

SECTION 1.203. The heading to Section 701.2041, Occupations Code, is amended to read as follows:

Sec. 701.2041. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY INFORMATION [SUBPOENAS].

SECTION 1.204. Sections 701.2041(h) and (i), Occupations Code, are amended to read as follows:

(h) All information and materials subpoenaed or compiled by the department [dieticians board] in connection with a complaint and investigation are confidential and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department [board] or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to:

(1) persons involved with the department [board] in a disciplinary action against the holder of a license;

(2) professional dietitian licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the commission [board] under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the department [dieticians board] against a holder of a license, the nature of those charges, disciplinary proceedings of the department, commission, or executive director [board], and final disciplinary actions, including warnings and reprimands, by the department, commission, or executive director [board] are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.

SECTION 1.205. Section 701.252, Occupations Code, is amended to read as follows:

Sec. 701.252. LICENSE APPLICATION. (a) Each applicant for a dietitian license must submit an [a sworn] application in the manner and on a form prescribed by the executive director accompanied by the application fee.

(b) The commission [dietitians board shall prescribe the application form and may] by rule shall determine the information and documentation required to be submitted as part of an application [establish dates by which applications and fees must be received].

SECTION 1.206. Sections 701.253(c), (e), and (f), Occupations Code, are amended to read as follows:

(c) The department [dietitians board] shall prepare or approve an examination. An examination prescribed by the department [board] may be or may include an examination given by the Commission on Dietetic Registration or by a national or state testing service instead of an examination prepared by the department or the department's designee [board].

(e) The department [dietitians board] shall administer an examination to qualified applicants at least twice each calendar year.

(f) The department [dietitians board] shall waive the examination requirement for an applicant who, at the time of application, is a dietitian registered by the Commission on Dietetic Registration.

SECTION 1.207. Section 701.254, Occupations Code, is amended to read as follows:

Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. To qualify for the licensing examination under this chapter, an applicant must:

(1) possess a baccalaureate or postbaccalaureate degree, conferred by a college or university regionally accredited at the time of conferral, with:

(A) a major course of study in human nutrition, food and nutrition, nutrition education, dietetics, or food systems management; or

(B) an equivalent major course of study approved by the department [dietitians board]; and

(2) have completed an internship or preplanned, documented, professional experience program in dietetics practice of not less than 900 hours under the supervision of a licensed dietitian or a registered dietitian approved by the department [board].

SECTION 1.208. Section 701.255(a), Occupations Code, is amended to read as follows:

(a) Not later than the 45th day after the date a properly submitted and timely application is received and not later than the 30th day before the next examination date, the department shall notify an applicant in writing of the receipt and investigation of the applicant's application and any other relevant evidence relating to applicant qualifications established by commission [dietitians board] rule.

SECTION 1.209. Sections 701.2575(a) and (c), Occupations Code, are amended to read as follows:

(a) The department [dietitians board] shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, commission [board] rules under this chapter, and any other applicable laws of this state affecting the applicant's dietetics practice.

(c) The commission [dietitians board] shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results.

SECTION 1.210. Section 701.258, Occupations Code, is amended to read as follows:

Sec. 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The department [dietitians board] shall issue a license [certificate] as a licensed dietitian to a person qualified for a license under this chapter.

SECTION 1.211. Sections 701.259(a), (b), (c), and (d), Occupations Code, are amended to read as follows:

(a) The department [dietitians board] may issue a license to use the title "provisional licensed dietitian" to an applicant who files an application, pays an application fee, and submits evidence of successful completion of the education requirement under Section 701.254.

(b) A provisional licensed dietitian must practice under the supervision and direction of a licensed dietitian. The supervising licensed dietitian must be designated in [sign] the applicant's initial application for a provisional license.

(c) The department [dietitians board] shall issue a license [certificate] as a provisional licensed dietitian to a person qualified for a provisional license under this chapter.

(d) A provisional license expires on the first anniversary of the date of issuance and[, if the supervising licensed dietitian signs the renewal application,] may be renewed annually not more than twice [by complying with the renewal procedures under Section 701.301].

SECTION 1.212. Section 701.260, Occupations Code, is amended to read as follows:

Sec. 701.260. TEMPORARY LICENSE. (a) On receipt of an application and payment of an application fee, the department [dietitians board] may grant a temporary license to an applicant who:

(1) is licensed in good standing as a dietitian in another state that has licensing requirements that are substantially equivalent to the requirements of this chapter;

(2) has passed a national or other examination that is recognized by the department [board] and relates to dietetics; and

(3) is sponsored by a person licensed by the department [board] under this chapter with whom the temporary license holder may practice.

(b) The department [dietitians board] may waive the requirement of Subsection (a)(3) if the department [board] determines that compliance with that provision is a hardship to an applicant.

(c) A temporary license is valid until the date the department [dietitians board] approves or denies the temporary license holder's application for a license. The department [board] shall issue a license under this chapter to the holder of a temporary license if:

(1) the temporary license holder passes the competency examination required by Section 701.253;

(2) the department [board] verifies that the temporary license holder meets the academic and experience requirements for a license under this chapter; and

(3) the temporary license holder satisfies any other license requirements under this chapter.

(d) The department [dietitians board] must complete the processing of a temporary license holder's application for a license not later than the 180th day after the date the department [board] issues the temporary license. The department [board] may extend this deadline to receive pending examination results.

SECTION 1.213. Section 701.303, Occupations Code, is amended to read as follows:

Sec. 701.303. CONTINUING EDUCATION. (a) The commission [dietitians board] by rule shall establish a minimum number of hours of continuing education required for license renewal under this chapter.

(b) The commission or department [dietitians board] may assess the continuing education needs of license holders and may require license holders to attend continuing education courses specified by the commission or department [board]. The department [board] shall develop a process to evaluate and approve continuing education courses.

(c) The commission or department [dietitians board] shall identify key factors for a license holder's competent performance of professional duties. The department [board] shall adopt a procedure to assess the license holder's participation in continuing education programs.

SECTION 1.214. Section 701.304, Occupations Code, is amended to read as follows:

Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission or department [dietitians board] may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter K, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

SECTION 1.215. Section 701.351, Occupations Code, is amended to read as follows:

Sec. 701.351. DISPLAY OF LICENSE [CERTIFICATE]. (a) A license holder shall display the person's license [certificate] in an appropriate and public manner as prescribed by commission rule.

(b) A license [certificate] issued by the department [dietitians board] is the property of the department [board] and shall be surrendered on demand.

SECTION 1.216. Section 701.352, Occupations Code, is amended to read as follows:

Sec. 701.352. LICENSE HOLDER INFORMATION. A license holder shall keep the department informed of the license holder's current address as provided by commission rule.

SECTION 1.217. Section 701.353(a), Occupations Code, is amended to read as follows:

(a) A person may not use a seal authorized by the department [dietitians board] unless the person holds a license issued under this chapter.

SECTION 1.218. Section 701.401, Occupations Code, is amended to read as follows:

Sec. 701.401. GROUNDS FOR DISCIPLINARY ACTION. The commission or executive director [dietitians board] shall refuse to renew a license, revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this chapter, [or] a rule or code of ethics adopted under this chapter, or an order of [by] the commission or executive director [board].

SECTION 1.219. Section 701.403, Occupations Code, is amended to read as follows:

Sec. 701.403. SANCTIONS. The State Office of Administrative Hearings shall use the schedule of sanctions adopted by the commission by [dietitians board] rule for a sanction imposed as the result of a hearing conducted by the office.

SECTION 1.220. Section 701.502(a), Occupations Code, is amended to read as follows:

(a) The amount of an [the] administrative penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may not be less than $50 or more than $5,000 for each violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.

SECTION 1.221. Section 701.512, Occupations Code, is amended to read as follows:

Sec. 701.512. REFUND. (a) Subject to Subsection (b), the commission or executive director [dietitians board] may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.

(b) The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter. The commission or executive director [board] may not require payment of other damages or estimate harm in a refund order.

SECTION 1.222. The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:

(1) Section 203.006;

(2) Section 203.051;

(3) Section 203.053;

(4) Section 203.054;

(5) Section 203.057;

(6) Section 203.058;

(7) Section 203.060;

(8) Subchapter C, Chapter 203;

(9) Section 203.151(b);

(10) Section 203.1515;

(11) Section 203.152(a);

(12) Sections 203.155(a) and (c);

(13) Section 203.156;

(14) Section 203.158;

(15) Section 203.159;

(16) Section 203.160;

(17) Section 203.161;

(18) Subchapter E, Chapter 203;

(19) Section 203.255(b);

(20) Section 203.2556;

(21) Section 203.302;

(22) Section 203.303;

(23) Section 203.405;

(24) Subchapter J, Chapter 203;

(25) Section 203.502(c);

(26) Section 203.505(a);

(27) Section 401.002;

(28) Section 401.101;

(29) Section 401.103;

(30) Section 401.104;

(31) Section 401.106;

(32) Section 401.109;

(33) Section 401.110;

(34) Subchapter D, Chapter 401;

(35) Section 401.201(b);

(36) Sections 401.203(a) and (b);

(37) Section 401.204;

(38) Section 401.205;

(39) Section 401.206;

(40) Section 401.207;

(41) Section 401.252;

(42) Sections 401.253(b), (c), (d), and (e);

(43) Sections 401.2535(a), (b), (c), (d), (e), (f), and (g);

(44) Section 401.254;

(45) Section 401.306;

(46) Section 401.307(c);

(47) Section 401.313;

(48) Section 401.315;

(49) Sections 401.352(b) and (c);

(50) Section 401.353;

(51) Section 401.354;

(52) Section 401.405;

(53) Section 401.451(b);

(54) Section 401.452;

(55) Section 401.4531;

(56) Section 401.454;

(57) Section 401.455;

(58) Section 401.456;

(59) Section 401.457;

(60) Section 401.458;

(61) Section 401.459;

(62) Section 401.460;

(63) Section 401.502;

(64) Section 401.5022;

(65) Section 401.551;

(66) Section 401.553;

(67) Section 401.554;

(68) Section 401.555;

(69) Section 401.556;

(70) Section 401.557;

(71) Section 401.558;

(72) Section 401.559;

(73) Section 401.560;

(74) Section 401.561;

(75) Section 402.002;

(76) Section 402.052;

(77) Section 402.053;

(78) Section 402.054;

(79) Section 402.056;

(80) Section 402.0581;

(81) Section 402.059;

(82) Section 402.060;

(83) Section 402.061;

(84) Section 402.102;

(85) Section 402.1022;

(86) Sections 402.103(a) and (b);

(87) Section 402.105;

(88) Section 402.106;

(89) Section 402.151;

(90) Section 402.1511;

(91) Section 402.153;

(92) Sections 402.154(a), (b), (c), (d), (e), (f), and (g);

(93) Section 402.205(d);

(94) Section 402.206;

(95) Sections 402.209(b) and (g);

(96) Section 402.257(b);

(97) Sections 402.301(b), (c), (d), and (e);

(98) Section 402.303(f);

(99) Section 402.354;

(100) Section 402.452;

(101) Section 402.502;

(102) Section 402.503;

(103) Section 402.504;

(104) Section 402.505;

(105) Section 402.506;

(106) Sections 402.551(a) and (c);

(107) Section 402.552;

(108) Section 402.5522;

(109) Section 402.553(b);

(110) Section 403.002;

(111) Section 403.053;

(112) Section 403.109;

(113) Section 403.201;

(114) Section 403.205;

(115) Section 403.206;

(116) Section 403.208;

(117) Section 403.210;

(118) Section 403.211;

(119) Section 403.252;

(120) Section 451.051(a);

(121) Section 451.0511;

(122) Section 451.0512;

(123) Section 451.0513;

(124) Section 451.052;

(125) Section 451.054;

(126) Section 451.057;

(127) Sections 451.101(b) and (c);

(128) Section 451.1015;

(129) Section 451.1016;

(130) Section 451.102;

(131) Section 451.103;

(132) Section 451.1035;

(133) Section 451.104;

(134) Section 451.105;

(135) Section 451.106;

(136) Section 451.108;

(137) Section 451.109;

(138) Sections 451.110(a), (b), (c), (d), (e), (f), and (g);

(139) Section 451.155;

(140) Section 451.201(b);

(141) Section 451.202;

(142) Section 451.203;

(143) Section 451.204;

(144) Section 451.2512;

(145) Section 451.252;

(146) Section 451.253;

(147) Section 451.254;

(148) Section 451.255;

(149) Sections 451.351(a), (b), (e), (f), (g), (h), (i), (j), (k), and (l);

(150) Section 451.352;

(151) Section 605.003;

(152) Section 605.051;

(153) Section 605.053;

(154) Section 605.054;

(155) Section 605.057;

(156) Section 605.058;

(157) Section 605.059(a);

(158) Section 605.060;

(159) Section 605.061;

(160) Subchapter C, Chapter 605;

(161) Section 605.152;

(162) Section 605.153;

(163) Section 605.154;

(164) Section 605.201;

(165) Section 605.202;

(166) Sections 605.2021(a), (b), (c), (d), (e), (f), and (g);

(167) Section 605.203;

(168) Section 605.253;

(169) Section 605.254(b);

(170) Section 605.255(c);

(171) Section 605.259(b);

(172) Section 605.3535;

(173) Section 605.355;

(174) Section 605.401;

(175) Section 605.403;

(176) Section 605.404;

(177) Section 605.405;

(178) Section 605.406;

(179) Section 605.407;

(180) Section 605.408;

(181) Section 605.409;

(182) Section 605.410;

(183) Section 605.411;

(184) Section 701.003;

(185) Section 701.052;

(186) Section 701.053;

(187) Section 701.055;

(188) Section 701.056;

(189) Section 701.059;

(190) Subchapter C, Chapter 701;

(191) Section 701.152;

(192) Section 701.153;

(193) Section 701.1535;

(194) Section 701.156;

(195) Section 701.157;

(196) Section 701.159;

(197) Section 701.160;

(198) Section 701.161;

(199) Section 701.201;

(200) Section 701.202;

(201) Section 701.203;

(202) Section 701.204;

(203) Sections 701.2041(a), (b), (c), (d), (e), (f), and (g);

(204) Section 701.205;

(205) Section 701.206;

(206) Section 701.256;

(207) Section 701.261;

(208) Sections 701.301(b), (c), (d), (e), and (f);

(209) Section 701.302;

(210) Section 701.402;

(211) Section 701.404;

(212) Section 701.405;

(213) Section 701.406;

(214) Section 701.407;

(215) Section 701.408;

(216) Section 701.452;

(217) Section 701.453;

(218) Section 701.501;

(219) Section 701.502(c);

(220) Section 701.503;

(221) Section 701.504;

(222) Section 701.505;

(223) Section 701.506;

(224) Section 701.507;

(225) Section 701.508;

(226) Section 701.509;

(227) Section 701.510; and

(228) Section 701.511.

PART 2. TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2019

SECTION 1.223. Sections 106.115(a), (b-1), and (b-3), Alcoholic Beverage Code, are amended to read as follows:

(a) On the placement of a minor on deferred disposition for an offense under Section 49.02, Penal Code, or under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court shall require the defendant to attend an alcohol awareness program approved by the Texas Department of Licensing and Regulation [State Health Services] under this section or a drug and alcohol driving awareness program approved by the Texas Education Agency. On conviction of a minor of an offense under one or more of those sections, the court, in addition to assessing a fine as provided by those sections, shall require a defendant who has not been previously convicted of an offense under one of those sections to attend an alcohol awareness program or a drug and alcohol driving awareness program described by this subsection. If the defendant has been previously convicted once or more of an offense under one or more of those sections, the court may require the defendant to attend an alcohol awareness program or a drug and alcohol driving awareness program described by this subsection. If the defendant is younger than 18 years of age, the court may require the parent or guardian of the defendant to attend the program with the defendant. The Texas Department of Licensing and Regulation or Texas Commission of Licensing and Regulation, as appropriate [State Health Services]:

(1) is responsible for the administration of the certification of approved alcohol awareness programs;

(2) may charge a nonrefundable application fee for:

(A) initial certification of the approval; or

(B) renewal of the certification;

(3) shall adopt rules regarding alcohol awareness programs approved under this section; and

(4) shall monitor, coordinate, and provide training to a person who provides an alcohol awareness program.

(b-1) If the defendant resides in a county with a population of 75,000 or less and access to an alcohol awareness program is not readily available in the county, the court may allow the defendant to take an online alcohol awareness program if the Texas Department of Licensing and Regulation [State Health Services] approves online courses or require the defendant to perform not less than eight hours of community service related to alcohol abuse prevention or treatment and approved by the Texas Department of Licensing and Regulation [State Health Services] under Subsection (b-3) instead of attending the alcohol awareness program. Community service ordered under this subsection is in addition to community service ordered under Section 106.071(d).

(b-3) The Texas Department of Licensing and Regulation [State Health Services] shall create a list of community services related to alcohol abuse prevention or treatment in each county in the state to which a judge may sentence a defendant under Subsection (b-1).

SECTION 1.224. Sections 13(h) and (j), Article 42.12, Code of Criminal Procedure, are amended to read as follows:

(h) If a person convicted of an offense under Sections 49.04-49.08, Penal Code, is placed on community supervision, the judge shall require, as a condition of the community supervision, that the defendant attend and successfully complete before the 181st day after the day community supervision is granted an educational program jointly approved by the Texas Department of Licensing and Regulation [Commission on Alcohol and Drug Abuse], the Department of Public Safety, the Traffic Safety Section of the Texas Department of Transportation, and the community justice assistance division of the Texas Department of Criminal Justice designed to rehabilitate persons who have driven while intoxicated. The Texas Department of Licensing and Regulation [Commission on Alcohol and Drug Abuse] shall publish the jointly approved rules and shall monitor, coordinate, and provide training to persons providing the educational programs. The Texas Department of Licensing and Regulation [Commission on Alcohol and Drug Abuse] is responsible for the administration of the certification of approved educational programs and may charge a nonrefundable application fee for the initial certification of approval and for renewal of a certificate. The judge may waive the educational program requirement or may grant an extension of time to successfully complete the program that expires not later than one year after the beginning date of the person's community supervision, however, if the defendant by a motion in writing shows good cause. In determining good cause, the judge may consider but is not limited to: the defendant's school and work schedule, the defendant's health, the distance that the defendant must travel to attend an educational program, and the fact that the defendant resides out of state, has no valid driver's license, or does not have access to transportation. The judge shall set out the finding of good cause for waiver in the judgment. If a defendant is required, as a condition of community supervision, to attend an educational program or if the court waives the educational program requirement, the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the person's driving record. If the court grants an extension of time in which the person may complete the program, the court clerk shall immediately report that fact to the Department of Public Safety on a form prescribed by the department. The report must include the beginning date of the person's community supervision. Upon the person's successful completion of the educational program, the person's instructor shall give notice to the Department of Public Safety for inclusion in the person's driving record and to the community supervision and corrections department. The community supervision and corrections department shall then forward the notice to the court clerk for filing. If the Department of Public Safety does not receive notice that a defendant required to complete an educational program has successfully completed the program within the period required by this section, as shown on department records, the department shall revoke the defendant's driver's license, permit, or privilege or prohibit the person from obtaining a license or permit, as provided by Sections 521.344(e) and (f), Transportation Code. The Department of Public Safety may not reinstate a license suspended under this subsection unless the person whose license was suspended makes application to the department for reinstatement of the person's license and pays to the department a reinstatement fee of $100. The Department of Public Safety shall remit all fees collected under this subsection to the comptroller for deposit in the general revenue fund. This subsection does not apply to a defendant if a jury recommends community supervision for the defendant and also recommends that the defendant's driver's license not be suspended.

(j) The judge shall require a defendant who is punished under Section 49.09, Penal Code, as a condition of community supervision, to attend and successfully complete an educational program for repeat offenders approved by the Texas Department of Licensing and Regulation [Commission on Alcohol and Drug Abuse]. The Texas Commission of Licensing and Regulation [on Alcohol and Drug Abuse] shall adopt rules and shall monitor, coordinate, and provide training to persons providing the educational programs. The Texas Department of Licensing and Regulation [Commission on Alcohol and Drug Abuse] is responsible for the administration of the certification of approved educational programs and may charge a nonrefundable application fee for initial certification of approval or for renewal of the certification. The judge may waive the educational program requirement only if the defendant by a motion in writing shows good cause. In determining good cause, the judge may consider the defendant's school and work schedule, the defendant's health, the distance that the defendant must travel to attend an educational program, and whether the defendant resides out of state or does not have access to transportation. The judge shall set out the finding of good cause in the judgment. If a defendant is required, as a condition of community supervision, to attend an educational program, the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the defendant's driving record. The report must include the beginning date of the defendant's community supervision. On the defendant's successful completion of the educational program for repeat offenders, the defendant's instructor shall give notice to the Department of Public Safety for inclusion in the defendant's driving record and to the community supervision and corrections department. The community supervision and corrections department shall then forward the notice to the court clerk for filing. If the Department of Public Safety does not receive notice that a defendant required to complete an educational program has successfully completed the program for repeat offenders within the period required by the judge, as shown on department records, the department shall revoke the defendant's driver's license, permit, or privilege or prohibit the defendant from obtaining a license or permit, as provided by Sections 521.344(e) and (f), Transportation Code.

SECTION 1.225. Section 401.501, Health and Safety Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended by amending Subdivision (1) and adding Subdivisions (1-a) and (2) to read as follows:

(1) "Commission" means the Texas Commission of Licensing and Regulation.

(1-a) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(2) "Executive director" means the executive director of the department.

SECTION 1.226. Subchapter M, Chapter 401, Health and Safety Code, is amended by adding Section 401.5011 to read as follows:

Sec. 401.5011. GENERAL POWERS AND DUTIES. The executive director shall administer and enforce this chapter.

SECTION 1.227. Section 401.502, Health and Safety Code, is amended to read as follows:

Sec. 401.502. EXAMINATION. The commission [executive commissioner] may adopt rules to govern the development and administration of an examination for an applicant under this subchapter.

SECTION 1.228. Section 401.503, Health and Safety Code, is amended to read as follows:

Sec. 401.503. APPLICATION PROCESS. (a) An application for a certificate or license under this subchapter must be submitted in the manner and [made] on a form prescribed [and provided] by the executive director [department].

(b) The application must require an applicant to provide sworn statements relating to the applicant's education and to provide other information required by the commission [department].

SECTION 1.229. Section 401.505(a), Health and Safety Code, is amended to read as follows:

(a) An applicant for a laser hair removal professional certificate must:

(1) be certified by a recognized certifying agency, including the Society for Clinical and Medical Hair Removal or another certification entity approved by the department;

(2) meet the requirements for a senior laser hair removal technician certificate under Section 401.506; and

(3) pass an examination required [administered] by the department.

SECTION 1.230. The heading to Section 401.512, Health and Safety Code, is amended to read as follows:

Sec. 401.512. TERM [RENEWAL] OF CERTIFICATE OR LICENSE.

SECTION 1.231. Section 401.512(a), Health and Safety Code, is amended to read as follows:

(a) A certificate or license expires on the second anniversary of the date of issuance and may be renewed.

SECTION 1.232. Section 401.515(b), Health and Safety Code, is amended to read as follows:

(b) The commission [executive commissioner] shall adopt rules relating to the customer notice.

SECTION 1.233. Sections 401.516(a) and (b), Health and Safety Code, are amended to read as follows:

(a) A laser hair removal facility shall post a warning sign as prescribed by the commission [department] in a conspicuous location readily visible to a person entering the facility. The sign must provide a toll-free telephone number and e-mail address for the department and inform the customer that the customer may contact [call] the department.

(b) The commission [executive commissioner] shall adopt rules specifying the size, content, and design of the sign, with wording listing the potential dangers involved.

SECTION 1.234. Section 401.518(a), Health and Safety Code, is amended to read as follows:

(a) A laser hair removal facility operator is responsible for maintaining the laser hair removal facility's compliance with the requirements of this subchapter and commission [department] rules relating to laser and pulsed light devices.

SECTION 1.235. Section 401.519(b), Health and Safety Code, is amended to read as follows:

(b) Under the rules of the commission [department], a laser hair removal facility must document with the department the facility's contractual relationship with the consulting physician.

SECTION 1.236. Section 401.521(b), Health and Safety Code, is amended to read as follows:

(b) A person who violates Subsection (a) is practicing medicine in violation of Subtitle B, Title 3, Occupations Code, and is subject to the penalties under that subtitle and Subchapter F, Chapter 51, Occupations Code [under Section 401.522].

SECTION 1.237. The heading to Section 401.522, Health and Safety Code, is amended to read as follows:

Sec. 401.522. AMOUNT OF ADMINISTRATIVE PENALTY [ENFORCEMENT; PENALTIES].

SECTION 1.238. Section 401.522(a), Health and Safety Code, is amended to read as follows:

(a) The amount of [department may impose] an administrative penalty imposed for a violation of this subchapter or a rule adopted or order issued [on a person who violates this subchapter or a rule adopted] under this subchapter[. The amount of the penalty] may not exceed $5,000 for each violation.

SECTION 1.239. Section 455.001, Occupations Code, is amended by amending Subdivisions (1) and (2) and adding Subdivision (1-a) to read as follows:

(1) "Commission" means the Texas Commission of Licensing and Regulation.

(1-a) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(2) "Executive director" [commissioner"] means the executive director [commissioner] of the department [Health and Human Services Commission].

SECTION 1.240. The heading to Subchapter B, Chapter 455, Occupations Code, is amended to read as follows:

SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER]

SECTION 1.241. Section 455.053, Occupations Code, is amended to read as follows:

Sec. 455.053. RULES REGARDING MASSAGE SCHOOLS. Rules adopted under this chapter relating to a massage school must contain minimum standards for:

(1) the issuance, denial, renewal, suspension, revocation, or probation of a license under this chapter;

(2) the qualifications of professional personnel;

(3) the supervision of professional personnel;

(4) the equipment essential to the education, health, and safety of students, massage school personnel, and the public;

(5) the sanitary and hygienic conditions of a massage school;

(6) the provision of massage therapy or other massage services by a massage school or student;

(7) the maximum number of hours a student may accumulate in a massage school's internship program before the student is required to be licensed under this chapter;

(8) the educational and clinical records kept by a massage school;

(9) the organizational structure of a massage school, including the lines of authority and the delegation of responsibility;

(10) fire prevention and safety in a massage school;

(11) the massage school's curriculum and educational material;

(12) massage school inspections; and

(13) any other aspect of the operation of a massage school that the commission [executive commissioner] considers necessary to protect students, massage school personnel, or the public.

SECTION 1.242. The heading to Subchapter C, Chapter 455, Occupations Code, is amended to read as follows:

SUBCHAPTER C. POWERS AND DUTIES [OF DEPARTMENT]

SECTION 1.243. Section 455.101, Occupations Code, is amended to read as follows:

Sec. 455.101. GENERAL POWERS AND DUTIES [OF DEPARTMENT]. (a) The executive director [department] shall[:

[(1)] administer and enforce this chapter.

(b) The department shall:

(1) [;

[(2)] investigate a person who may be engaging in a practice that violates this chapter;

(2) [(3)] regulate the number and content of school hours provided by a massage school or a massage therapy instructor; and

(3) [(4)] prepare and administer a state examination under this chapter.

SECTION 1.244. Section 455.103, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 455.103. MEMORANDUM OF UNDERSTANDING REGARDING MASSAGE SCHOOLS. (a) The commission [department] may enter into a memorandum of understanding with the Texas Education Agency to regulate massage schools.

(b) A memorandum must:

(1) be adopted by the commission [executive commissioner] by rule; and

(2) limit the total amount of the fees charged by the department and the Texas Education Agency for licensing a massage school to an amount equal to the amount of the fees the department would charge for licensing the massage school in the absence of the memorandum.

SECTION 1.245. Section 455.151(d), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(d) The department may issue one or more types of licenses not otherwise provided for by this chapter that authorize the license holder to perform a service described by Subsection (c). The commission [executive commissioner] may adopt rules governing a license issued under this subsection.

SECTION 1.246. Section 455.153, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 455.153. APPLICATION FOR LICENSE. An applicant for a license under this chapter must:

(1) submit an application in the manner and on a form prescribed [provided] by the executive director [department]; and

(2) include with the application the application fee set by the commission [executive commissioner] by rule.

SECTION 1.247. Sections 455.1572(c) and (e), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are amended to read as follows:

(c) A provisional license is valid until the date the department approves or denies the provisional license holder's application for licensing. The department shall issue a license under this chapter to the provisionally licensed person if the person:

(1) is eligible for a license under Section 51.404 [455.1571]; or

(2) passes the part of the examination under Section 455.101 that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of massage therapy in this state and:

(A) the department verifies that the person meets the academic and experience requirements for licensing under this chapter; and

(B) the person satisfies any other licensing requirements under this chapter.

(e) The commission [executive commissioner] by rule may establish a fee for a provisional license.

SECTION 1.248. The heading to Section 455.160, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 455.160. LICENSE TERM AND RENEWAL.

SECTION 1.249. Section 455.160(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) A license issued under this chapter is valid for two years. A license holder must renew the license biennially. [The license expires unless the license holder submits an application for renewal accompanied by the renewal fee prescribed by the executive commissioner by rule or by the late fee prescribed by this section.]

SECTION 1.250. Sections 455.203(a) and (b), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are amended to read as follows:

(a) A massage school must meet the minimum standards of operation established by commission [department] rule.

(b) An instructor must meet the minimum requirements established by commission [department] rule.

SECTION 1.251. Section 455.251, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 455.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION. (a) The commission or executive director [department] may refuse to issue a license to a person and shall suspend, revoke, or refuse to renew the license of a person or shall reprimand a person licensed under this chapter if the person:

(1) obtains a license by fraud, misrepresentation, or concealment of material facts;

(2) sells, barters, or offers to sell or barter a license;

(3) violates a rule adopted by the commission [executive commissioner] under this chapter;

(4) engages in unprofessional conduct as defined by commission [department] rule that endangers or is likely to endanger the health, welfare, or safety of the public;

(5) violates an order or ordinance adopted by a political subdivision under Chapter 243, Local Government Code; or

(6) violates this chapter.

(b) The commission or executive director [department] shall revoke the license of a person licensed as a massage therapist or massage therapy instructor if:

(1) the person is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for an offense involving prostitution or another sexual offense; or

(2) the commission or executive director [department] determines the person has practiced or administered massage therapy at or for a sexually oriented business.

(c) The commission or executive director [department] shall revoke the license of a person licensed as a massage school or massage establishment if the commission or executive director [department] determines that:

(1) the school or establishment is a sexually oriented business; or

(2) an offense involving prostitution or another sexual offense that resulted in a conviction for the offense, a plea of nolo contendere or guilty to the offense, or a grant of deferred adjudication for the offense occurred on the premises of the school or establishment.

SECTION 1.252. The heading to Section 455.302, Occupations Code, is amended to read as follows:

Sec. 455.302. AMOUNT OF ADMINISTRATIVE PENALTY.

SECTION 1.253. Section 455.302(a), Occupations Code, is amended to read as follows:

(a) The amount of an administrative penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may not exceed $1,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

SECTION 1.254. Section 1952.001, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended by adding Subdivision (2-a) and amending Subdivisions (3) and (4) to read as follows:

(2-a) "Commission" means the Texas Commission of Licensing and Regulation.

(3) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(4) "Executive director [commissioner]" means the executive director [commissioner] of the department [Health and Human Services Commission].

SECTION 1.255. The heading to Subchapter B, Chapter 1952, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND

DEPARTMENT]

SECTION 1.256. Section 1952.051, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1952.051. GENERAL POWERS AND DUTIES [RULES]. (a) The executive director shall administer and enforce this chapter.

(b) The commission [executive commissioner] by rule shall[:

[(1)] adopt standards and education requirements consistent with those established under Chapter 654, Government Code, for the registration of:

(1) [(A)] code enforcement officers; and

(2) [(B)] code enforcement officers in training[; and

[(2) prescribe application forms for original and renewal certificates of registration].

SECTION 1.257. Section 1952.053(b), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(b) The register must include:

(1) the name, residence, date of birth, and social security number of the applicant;

(2) the name and address of the employer or business of the applicant;

(3) the date of the application;

(4) the education and experience qualifications of the applicant;

(5) the action taken by the department regarding the application and the date of the action;

(6) the serial number of any certificate of registration issued to the applicant; and

(7) any other information required by commission [department] rule.

SECTION 1.258. Subchapter B, Chapter 1952, Occupations Code, is amended by adding Section 1952.055 to read as follows:

Sec. 1952.055. ADVISORY COMMITTEE. The department may establish an advisory committee to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

SECTION 1.259. Section 1952.102, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1952.102. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT OFFICER. To be eligible to receive a certificate of registration as a code enforcement officer, a person must:

(1) submit an application in the manner and on the form prescribed by the executive director;

(2) have at least one year of full-time experience in the field of code enforcement;

(3) [(2)] pass the examination required [conducted] by the department [or the department's designee];

(4) [(3)] pay the application, examination, and registration fees; and

(5) [(4)] meet any other requirements prescribed by this chapter or by commission [department] rule.

SECTION 1.260. Section 1952.103(a), Occupations Code, is amended to read as follows:

(a) An applicant for a certificate of registration under this chapter who has less than one year of full-time experience in code enforcement is entitled to receive a certificate of registration as a code enforcement officer in training on:

(1) passing the examination described by Section 1952.102(3) [1952.102(2)]; [and]

(2) paying the required fees; and

(3) meeting any other requirement prescribed by this chapter or by commission rule.

SECTION 1.261. The heading to Section 1952.105, Occupations Code, is amended to read as follows:

Sec. 1952.105. TERM [RENEWAL OR REINSTATEMENT] OF CERTIFICATE; RENEWAL.

SECTION 1.262. Section 1952.105(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) A certificate of registration issued under this chapter expires on the second anniversary of the date of issuance and may be renewed biennially on payment of the required renewal fee and on completion of the continuing education requirements prescribed by commission [department] rule.

SECTION 1.263. Section 1952.1051, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1952.1051. CONTINUING EDUCATION. The commission [executive commissioner] by rule shall prescribe continuing education requirements for code enforcement officers and code enforcement officers in training that:

(1) establish the number of hours of continuing education required for renewal of a certificate of registration;

(2) establish an approved curriculum that includes material regarding changes in applicable law; and

(3) provide that the approved curriculum may be taught by suitable public agencies and by private entities approved by the department.

SECTION 1.264. Section 1952.151, Occupations Code, is amended to read as follows:

Sec. 1952.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. (a) The commission or executive director [department] may deny a person's application for a certificate of registration if the person's certificate or license to engage in code enforcement or a related profession has been revoked by another licensing entity in this state or another state for:

(1) unprofessional conduct;

(2) fraud, deceit, or negligence; or

(3) misconduct in the practice of code enforcement or a related profession.

(b) The commission or executive director [department] shall suspend or revoke a certificate of registration issued under this chapter if the commission or executive director [department] determines that the certificate holder:

(1) engaged in fraud or deceit in obtaining a certificate; or

(2) is grossly negligent, incompetent, or guilty of misconduct in the practice of code enforcement.

SECTION 1.265. Section 1952.252(a), Occupations Code, is amended to read as follows:

(a) The amount of an [the] administrative penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may not be less than $50 or more than $5,000 for each violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.

SECTION 1.266. Section 1953.001, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended by amending Subdivisions (1) and (2) and adding Subdivision (1-a) to read as follows:

(1) "Commission" means the Texas Commission of Licensing and Regulation.

(1-a) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(2) "Executive director [commissioner]" means the executive director [commissioner] of the department [Health and Human Services Commission].

SECTION 1.267. The heading to Subchapter B, Chapter 1953, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND

DEPARTMENT]

SECTION 1.268. Section 1953.051, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1953.051. GENERAL POWERS AND DUTIES [OF DEPARTMENT]. (a) The executive director shall administer and enforce this chapter.

(b) The department shall:

(1) administer continuing education requirements; and

(2) prescribe necessary forms.

SECTION 1.269. Subchapter B, Chapter 1953, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended by adding Section 1953.0512 to read as follows:

Sec. 1953.0512. ADVISORY COMMITTEE. The department may establish an advisory committee to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

SECTION 1.270. Section 1953.102, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1953.102. ELIGIBILITY REQUIREMENTS. (a) To be eligible to receive a certificate of registration as a professional sanitarian, a person must:

(1) hold at least a bachelor's degree from an accredited college or university that includes at least 30 semester hours in basic or applied science;

(2) complete any additional training in the basic sciences or public health the department [executive commissioner] determines necessary to effectively serve as a professional sanitarian; and

(3) have at least two years of full-time experience in sanitation.

(b) The commission [executive commissioner] by rule may establish other qualifications for registration.

SECTION 1.271. Section 1953.104(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) The department shall issue a certificate of registration as a professional sanitarian to a person who:

(1) applies in the manner and on the form prescribed by the executive director [department];

(2) pays the registration fee set by the commission [executive commissioner] by rule;

(3) meets the eligibility requirements prescribed by Section 1953.102; and

(4) passes an examination under Subchapter D.

SECTION 1.272. Section 1953.105(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) The department shall issue a certificate of registration as a sanitarian in training to a person who:

(1) is employed in sanitation;

(2) meets the eligibility requirements prescribed by Section 1953.102, other than the requirements relating to experience;

(3) pays a registration fee prescribed by the commission [executive commissioner] by rule for a sanitarian in training; and

(4) passes an examination under Subchapter D.

SECTION 1.273. The heading to Section 1953.106, Occupations Code, is amended to read as follows:

Sec. 1953.106. RENEWAL [OR REINSTATEMENT] OF CERTIFICATE.

SECTION 1.274. Section 1953.106(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) To renew a certificate of registration under this chapter, a professional sanitarian must:

(1) pay to the department a renewal fee prescribed by the commission [executive commissioner] by rule; and

(2) provide proof of completion of continuing education requirements [contact hours as] prescribed by the commission by rule [executive commissioner].

SECTION 1.275. Section 1953.151(b), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(b) An applicant for a certificate of registration may not take the examination unless the applicant pays the examination fee prescribed by the commission [executive commissioner] by rule.

SECTION 1.276. Section 1953.201, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1953.201. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. (a) The commission or executive director [department] may deny a person's application for a certificate of registration if:

(1) the person's certificate or license to engage in a profession in this state or elsewhere has been revoked for unprofessional conduct, fraud, deceit, negligence, or misconduct in the practice of the profession; or

(2) satisfactory proof is presented to the commission or executive director [department] establishing that the person has been found guilty of unprofessional conduct, fraud, deceit, negligence, or misconduct in the practice of a profession.

(b) The commission or executive director [department] may suspend or revoke a certificate of registration if the certificate holder:

(1) practiced fraud or deceit in obtaining the certificate; or

(2) acted in a manner constituting gross negligence, incompetency, or misconduct in the practice of sanitation.

SECTION 1.277. Section 1953.302(a), Occupations Code, is amended to read as follows:

(a) The amount of an [the] administrative penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may not be less than $50 or more than $5,000 for each violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.

SECTION 1.278. Section 1958.001, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended by amending Subdivisions (1) and (2) and adding Subdivision (1-a) to read as follows:

(1) "Commission" means the Texas Commission of Licensing and Regulation.

(1-a) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(2) "Executive director [commissioner]" means the executive director [commissioner] of the department [Health and Human Services Commission].

SECTION 1.279. Section 1958.051, Occupations Code, is amended to read as follows:

Sec. 1958.051. GENERAL POWERS AND DUTIES [OF DEPARTMENT; SCOPE OF AUTHORITY]. The executive director [department] shall administer and enforce this chapter to protect the public from the adverse health effects of mold.

SECTION 1.280. Section 1958.054, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1958.054. RULES REGARDING PERFORMANCE STANDARDS AND WORK PRACTICES. The commission [executive commissioner] by rule shall establish minimum performance standards and work practices for conducting a mold assessment or mold remediation in this state.

SECTION 1.281. Section 1958.056(b), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(b) The commission [executive commissioner] shall adopt rules regarding compliance investigations.

SECTION 1.282. Section 1958.058, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1958.058. SAFETY STANDARDS. The commission [executive commissioner] by rule may develop and establish mold safety standards for license holders if appropriate scientific information exists regarding the effect of mold.

SECTION 1.283. Section 1958.059, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1958.059. CODE OF ETHICS. The commission [executive commissioner] by rule shall adopt a code of ethics for license holders that promotes the education of mold assessors and mold remediators concerning the ethical, legal, and business principles that should govern their conduct.

SECTION 1.284. Section 1958.101(b), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(b) The commission [executive commissioner] shall adopt rules regarding:

(1) the scope of mold-related work for which a license is required, including the supervision of employees or other persons by license holders; and

(2) renewal requirements for a license issued under this chapter.

SECTION 1.285. Section 1958.103, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1958.103. REGISTRATION REQUIREMENTS FOR EMPLOYEES. The commission [executive commissioner] may adopt rules to require the registration of employees supervised by license holders.

SECTION 1.286. Section 1958.104, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1958.104. RULES REGARDING LICENSE APPLICATION. The commission [executive commissioner] shall adopt rules regarding a license application. The commission [executive commissioner] shall adopt rules that establish minimum requirements for a license, including:

(1) the type of license;

(2) the qualifications for the license, including any previous training required under Section 1958.106;

(3) renewal requirements for the license, including ongoing continuing education required under Section 1958.106; and

(4) liability insurance requirements for the license.

SECTION 1.287. Section 1958.106(a), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) The commission [executive commissioner] shall adopt rules regarding training required under this chapter and continuing education required for a license holder under this chapter.

SECTION 1.288. Section 1958.153(c), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(c) The commission [executive commissioner] shall adopt rules to implement this section, including rules:

(1) describing the information that must be provided in the notice; and

(2) authorizing verbal notification to the department in an emergency.

SECTION 1.289. Section 1958.154(c), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(c) The commission [executive commissioner] shall adopt rules to implement this section, other than rules described by Subsection (d).

SECTION 1.290. Section 1958.155(c), Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(c) A license holder who is not an individual shall disclose to the department the name, address, and occupation of each person that has an ownership interest in the license holder. The license holder shall report any changes in ownership to the department. The commission [executive commissioner] shall adopt rules to implement this section, including rules regarding the form of the disclosure and the time required to make disclosures or to report a change in ownership.

SECTION 1.291. Section 1958.201, Occupations Code, is amended to read as follows:

Sec. 1958.201. DISCIPLINARY ACTION. If a license holder violates this chapter or an order or rule adopted under this chapter, the commission or executive director [department], after providing the person with notice and an opportunity for a hearing, shall take one or more of the following actions:

(1) revoke, suspend, or refuse to renew the license;

(2) impose an administrative penalty;

(3) bring an action to collect a civil penalty; or

(4) reprimand the person.

SECTION 1.292. Section 1958.252, Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 1958.252. AMOUNT OF PENALTY. (a) The amount of an administrative penalty imposed fo