By: Martinez (Senate Sponsor - Taylor of Collin) H.B. No. 442
         (In the Senate - Received from the House April 24, 2017;
  May 10, 2017, read first time and referred to Committee on Business &
  Commerce; May 22, 2017, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 22, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 442 By:  Creighton
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the licensing and regulation of certain professions,
  including the online publication of home addresses of certain
  occupational license holders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 403, Occupations Code, is
  amended by adding Section 403.053 to read as follows:
         Sec. 403.053.  PUBLISHING LICENSE HOLDER HOME ADDRESS
  PROHIBITED. (a) The department may not include the home address of
  a person licensed under this chapter in a roster, registry, or other
  database the department publishes on the department's Internet
  website unless the person requests that the person's home address
  appear in the roster, registry, or other database on the website. A
  request under this subsection must be made in the manner prescribed
  by the department.
         (b)  The home address of a person licensed under this chapter
  that is included in a roster, registry, or other database the
  department maintains is public information and is not excepted from
  required disclosure under Chapter 552, Government Code.
         SECTION 2.  Section 501.059, Occupations Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing board operations;
               (2)  [this chapter and] the programs, functions, rules,
  and budget of the board;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4)  the types of board rules, interpretations, and
  enforcement actions that may implicate federal antitrust law by
  limiting competition or impacting prices charged by persons engaged
  in a profession or business the board regulates, including rules,
  interpretations, and enforcement actions that:
                     (A)  regulate the scope of practice of persons in
  a profession or business the board regulates;
                     (B)  restrict advertising by persons in a
  profession or business the board regulates;
                     (C)  affect the price of goods or services
  provided by persons in a profession or business the board
  regulates; and
                     (D)  restrict participation in a profession or
  business the board regulates;
               (5) [(2)]  the results of the most recent formal audit
  of the board;
               (6) [(3)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (7) [(4)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b). The
  executive director shall distribute a copy of the training manual
  annually to each board member. On receipt of the training manual,
  each board member shall sign and submit to the executive director a
  statement acknowledging receipt of the training manual.
         SECTION 3.  Sections 501.158(c) and (e), Occupations Code,
  are amended to read as follows:
         (c)  The board shall issue an order requiring a [an applicant
  or] person [seeking renewal of a provisional license] who refuses
  to submit to an examination under this section to show cause for the
  person's refusal at a hearing on the order scheduled for not later
  than the 30th day after the date notice is served on the person. The
  board shall provide notice under this section by personal service
  or by registered mail, return receipt requested.
         (e)  Unless the request is withdrawn, the board may take
  disciplinary action against a person who refuses to submit to the
  physical or mental examination [may not take the provisional
  license examination or renew the person's license, as appropriate].
         SECTION 4.  Sections 501.205(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  Except as provided by Subsection (b), a complaint and
  investigation [concerning a license holder] and all information and
  materials compiled by the board in connection with the complaint
  and investigation are not subject to:
               (1)  disclosure under Chapter 552, Government Code; or
               (2)  disclosure, discovery, subpoena, or other means of
  legal compulsion for release of information to any person.
         (b)  A complaint or investigation [subject to Subsection
  (a)] and all information and materials compiled by the board in
  connection with the complaint may be disclosed to:
               (1)  the board and board employees or agents involved
  in license holder discipline;
               (2)  a party to a disciplinary action against the
  license holder or that party's designated representative;
               (3)  a law enforcement agency if required by law;
               (4)  a governmental agency, if:
                     (A)  the disclosure is required or permitted by
  law; and
                     (B)  the agency obtaining the disclosure protects
  the identity of any patient whose records are examined; or
               (5)  a legislative committee or committee staff
  directed to make an inquiry regarding state hospitals or schools,
  by either house of the legislature, the presiding officer of either
  house of the legislature, or the chairman of the legislative
  committee if the information or records that identify a patient or
  client are not released for any purpose unless the patient consents
  and the records are created by the state hospital or school or its
  employees.
         SECTION 5.  The heading to Section 501.301, Occupations
  Code, is amended to read as follows:
         Sec. 501.301.  LICENSE EXPIRATION AND RENEWAL.
         SECTION 6.  Section 501.301(a), Occupations Code, is amended
  to read as follows:
         (a)  The board shall adopt rules providing for the expiration
  and renewal of a [A] license issued under this chapter. The rules
  must require a license be renewed annually or biennially [expires
  on December 31 of the year following the date the license is issued
  or renewed. A license of a psychological associate expires on May
  31 of the year following the date the license is issued or renewed].
         SECTION 7.  Subchapter I, Chapter 501, Occupations Code, is
  amended by adding Section 501.411 to read as follows:
         Sec. 501.411.  REMEDIAL PLAN. (a) The board may issue and
  establish the terms of a remedial plan to resolve the investigation
  of a complaint filed under this chapter.
         (b)  The board by rule shall establish the types of
  complaints or violations that may be resolved with a remedial plan.
  The rules must provide that a remedial plan may not be imposed to
  resolve a complaint:
               (1)  involving conduct that poses a significant risk of
  harm to a patient; or
               (2)  in which the appropriate resolution may involve
  revoking, suspending, limiting, or restricting a person's license. 
         (c)  A remedial plan may not contain a provision that:
               (1)  revokes, suspends, limits, or restricts a person's
  license; or
               (2)  assesses an administrative penalty against a
  person.
         (d)  The board may not issue a remedial plan to resolve a
  complaint against a license holder if the license holder has
  previously entered into a remedial plan with the board for the
  resolution of a different complaint filed under this chapter.
         (e)  The board may assess a fee against a license holder
  participating in a remedial plan in an amount necessary to recover
  the costs of administering the plan.
         SECTION 8.  Section 502.059, Occupations Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing board operations [this chapter];
               (2)  the programs, [operated by the board;
               [(3)  the role and] functions, [of the board;
               [(4)  the] rules, and [of the board, with an emphasis on
  the rules that relate to disciplinary and investigatory authority;
               [(5)  the current] budget of [for] the board;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4)  the types of board rules, interpretations, and
  enforcement actions that may implicate federal antitrust law by
  limiting competition or impacting prices charged by persons engaged
  in a profession or business the board regulates, including rules,
  interpretations, and enforcement actions that:
                     (A)  regulate the scope of practice of persons in
  a profession or business the board regulates;
                     (B)  restrict advertising by persons in a
  profession or business the board regulates;
                     (C)  affect the price of goods or services
  provided by persons in a profession or business the board
  regulates; and
                     (D)  restrict participation in a profession or
  business the board regulates;
               (5) [(6)]  the results of the most recent formal audit
  of the board;
               (6) [(7)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts
  [conflict] of interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (7) [(8)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b). The
  executive director shall distribute a copy of the training manual
  annually to each board member. On receipt of the training manual,
  each board member shall sign and submit to the executive director a
  statement acknowledging receipt of the training manual.
         SECTION 9.  Section 502.252(c), Occupations Code, is amended
  to read as follows:
         (c)  An applicant is eligible to apply for a license as a
  licensed marriage and family therapist if the person:
               (1)  meets the requirements of Subsection (b);
               (2)  after receipt of a degree described by Subsection
  (b)(4), has completed two years of work experience in marriage and
  family therapist services that includes at least 3,000 hours of
  clinical practice consisting of [which:
                     [(A)]  at least 1,500 hours [consist] of direct
  clinical services, including a minimum number of [; and (B)     at
  least 750] hours providing [consist of] direct clinical services to
  couples or families as required by board rule; and
               (3)  has completed, in a manner acceptable to the
  board, at least 200 hours of supervised provision of direct
  clinical services by the applicant, 100 hours of which must be
  supervised on an individual basis.
         SECTION 10.  Section 503.110, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing board operations;
               (2)  [this chapter and] the [board's] programs,
  functions, rules, and budget of the board;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4)  the types of board rules, interpretations, and
  enforcement actions that may implicate federal antitrust law by
  limiting competition or impacting prices charged by persons engaged
  in a profession or business the board regulates, including rules,
  interpretations, and enforcement actions that:
                     (A)  regulate the scope of practice of persons in
  a profession or business the board regulates;
                     (B)  restrict advertising by persons in a
  profession or business the board regulates;
                     (C)  affect the price of goods or services
  provided by persons in a profession or business the board
  regulates; and
                     (D)  restrict participation in a profession or
  business the board regulates;
               (5) [(2)]  the results of the most recent formal audit
  of the board;
               (6) [(3)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing
  conflicts-of-interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (7) [(4)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b).  The
  executive director shall distribute a copy of the training manual
  annually to each board member. On receipt of the training manual,
  each board member shall sign and submit to the executive director a
  statement acknowledging receipt of the training manual.
         SECTION 11.  Section 503.207, Occupations Code, is amended
  by adding Subsections (c) and (d) to read as follows:
         (c)  The board may not include the home address of a person
  licensed under this chapter in a registry the board publishes on the
  board's Internet website unless the person requests that the
  person's home address appear in the registry on the website. A
  request under this subsection must be made in the manner prescribed
  by the board.
         (d)  The home address of a person licensed under this chapter
  that is included in the registry the board prepares under this
  section is public information and is not excepted from required
  disclosure under Chapter 552, Government Code.
         SECTION 12.  Section 504.055, Occupations Code, is amended
  by adding Subsections (e) and (f) to read as follows:
         (e)  The department may not include the home address of a
  person licensed by the department in a roster the department
  publishes on the department's Internet website unless the person
  requests that the person's home address appear in the roster on the
  website. A request under this subsection must be made in the manner
  prescribed by the department.
         (f)  The home address of a person licensed under this chapter
  that is included in a roster the department prepares under this
  section is public information and is not excepted from required
  disclosure under Chapter 552, Government Code.
         SECTION 13.  Section 505.109, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing [legislation that created the]
  board operations;
               (2)  [and] the [board's] programs, functions, rules,
  and budget of the board;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4)  the types of board rules, interpretations, and
  enforcement actions that may implicate federal antitrust law by
  limiting competition or impacting prices charged by persons engaged
  in a profession or business the board regulates, including rules,
  interpretations, and enforcement actions that:
                     (A)  regulate the scope of practice of persons in
  a profession or business the board regulates;
                     (B)  restrict advertising by persons in a
  profession or business the board regulates;
                     (C)  affect the price of goods or services
  provided by persons in a profession or business the board
  regulates; and
                     (D)  restrict participation in a profession or
  business the board regulates;
               (5) [(2)]  the results of the most recent formal audit
  of the board;
               (6) [(3)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (7) [(4)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b). The
  executive director shall distribute a copy of the training manual
  annually to each board member. On receipt of the training manual,
  each board member shall sign and submit to the executive director a
  statement acknowledging receipt of the training manual.
         SECTION 14.  Section 505.205, Occupations Code, is amended
  by adding Subsections (d) and (e) to read as follows:
         (d)  The board may not include the home address of a person
  licensed under this chapter in a roster the board publishes on the
  board's Internet website unless the person requests that the
  person's home address appear in the roster on the website. A
  request under this subsection must be made in the manner prescribed
  by the board.
         (e)  The home address of a person licensed under this chapter
  that is included in the roster the board prepares under this section
  is public information and is not excepted from required disclosure
  under Chapter 552, Government Code.
         SECTION 15.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 501.152(b);
               (2)  Section 502.153(b);
               (3)  Section 503.202(b); and
               (4)  Section 505.203(b).
         SECTION 16.  (a) Except as provided by Subsection (b) of
  this section, Sections 501.059, 502.059, 503.110, and 505.109,
  Occupations Code, as amended by this Act, apply to a member of the
  applicable board appointed before, on, or after the effective date
  of this Act.
         (b)  A member of a board who, before the effective date of
  this Act, completed the training program required by Section
  501.059, 502.059, 503.110, or 505.109, Occupations Code, as the
  applicable law existed before the effective date of this Act, is
  required to complete additional training only on the subjects added
  by this Act to the training program required by Section 501.059,
  502.059, 503.110, or 505.109, Occupations Code, as applicable.  A
  board member described by this subsection may not vote, deliberate,
  or be counted as a member in attendance at a meeting of the board
  held on or after December 1, 2017, until the member completes the
  additional training.
         SECTION 17.  Section 502.252, Occupations Code, as amended
  by this Act, applies only to an application for a license submitted
  on or after the date on which rules adopted by the Texas State Board
  of Examiners of Marriage and Family Therapists under that section
  take effect. An application submitted before that date is governed
  by the law in effect immediately before the effective date of this
  Act, and the former law is continued in effect for that purpose.
         SECTION 18.  This Act takes effect September 1, 2017.
 
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