82R9323 JAM-F
By: Zedler H.B. No. 2455
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of the practice of
integrative medicine; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 3, Occupations Code, is
amended by adding Chapter 207 to read as follows:
CHAPTER 207. INTEGRATIVE MEDICINE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 207.001. SHORT TITLE. This chapter may be cited as the
Licensed Integrative Medicine Practitioner Act.
Sec. 207.002. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Integrative
Medicine.
(2) "Integrative medicine" means a medical system of
diagnosing, treating, or correcting real or imagined human
diseases, injuries, ailments, infirmities and deformities of a
physical or mental origin and includes acupuncture, chelation
therapy, homeopathy, minor surgery, and nonsurgical methods, the
use of devices, physical, electrical, hygienic, and sanitary
measures, and all forms of physical agents and modalities,
neuromuscular integration, nutrition, orthomolecular therapy, and
pharmaceutical medicine.
Sec. 207.003. APPLICABILITY; EXEMPTIONS. This chapter does
not apply to a physician licensed to practice medicine in this state
unless the physician is a licensed integrative medicine
practitioner.
Sec. 207.004. APPLICATION OF SUNSET ACT. The Texas Board of
Integrative Medicine is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2023.
[Sections 207.005-207.050 reserved for expansion]
SUBCHAPTER B. TEXAS BOARD OF INTEGRATIVE MEDICINE
Sec. 207.051. BOARD; MEMBERSHIP. The Texas Board of
Integrative Medicine consists of nine members appointed by the
governor with the advice and consent of the senate as follows:
(1) six members who are physicians and who practice
integrative medicine; and
(2) three members who represent the public and are not
licensed or trained in a health care profession.
Sec. 207.052. PUBLIC MEMBER ELIGIBILITY. A person is not
eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of health care;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving funds from the board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the board or receiving funds from the
board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
Sec. 207.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a cooperative and
voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the board employed in a
"bona fide executive, administrative, or professional capacity,"
as that phrase is used for purposes of establishing an exemption to
the overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, manager, or
paid consultant of a Texas trade association in the field of health
care; or
(2) the person's spouse is an officer, board member,
employee, or paid consultant of a Texas trade association in the
field of health care.
(c) A person may not be a member of the board if the person
is required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the board.
Sec. 207.054. MEMBERSHIP REQUIREMENTS. Each member of the
board must be a citizen of the United States and a resident of this
state. Each physician member of the board must be licensed to
practice medicine in this state.
Sec. 207.055. TERMS; VACANCIES. (a) Members of the board
serve staggered six-year terms. 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 governor
shall appoint a new member to serve the unexpired term.
Sec. 207.056. OFFICERS; MEETINGS. (a) The board shall hold
an open annual meeting and elect a presiding officer and secretary
from among its members.
(b) The board may hold additional meetings as necessary
provided that notice of each meeting is given to each member not
less than 10 days before the date of the meeting.
Sec. 207.057. APPLICABILITY OF OTHER LAW. (a) Chapter
2110, Government Code, does not apply to the board.
(b) Except as otherwise provided by this chapter, the board
is subject to Chapters 551 and 2001, Government Code.
Sec. 207.058. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 207.051, 207.052, and 207.054;
(2) does not maintain during service on the board the
qualifications required by Sections 207.051, 207.052, and 207.054;
(3) is ineligible for membership under Section
207.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director of the board has knowledge
that a potential ground for removal of a board member exists, the
executive director shall notify the presiding officer of the board
of the potential ground. The presiding officer shall then notify
the governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest officer of the board, who shall notify the governor and the
attorney general that a potential ground for removal exists.
Sec. 207.059. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflict of interest; and
(3) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 207.060. COMPENSATION; REIMBURSEMENT. A board member
may not receive compensation for service on the board but is
entitled to receive reimbursement under the General Appropriations
Act for transportation and related expenses incurred while
conducting board business.
[Sections 207.061-207.100 reserved for expansion]
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 207.101. EXECUTIVE DIRECTOR; DUTIES REGARDING MONEY.
(a) The board may employ an executive director to conduct the
affairs of the board under the board's direction. The executive
director shall receive a salary in an amount determined by the
board.
(b) The executive director shall receive and account for any
money derived, including any fee collected, under this chapter.
Sec. 207.102. PERSONNEL. (a) The board shall employ
clerical or other assistants as necessary to perform the board's
work.
(b) A salary paid under this section may not exceed the
salary paid for similar work in other departments.
Sec. 207.103. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS. (a) The executive director or the executive
director's designee shall develop an intra-agency career ladder
program. The program must require intra-agency posting of each
nonentry level position with the board at least 10 days before the
date of any public posting.
(b) The executive director or the executive director's
designee shall develop a system of annual performance evaluations
of the board's employees based on measurable job tasks. All merit
pay authorized by the executive director must be based on the system
established under this subsection.
Sec. 207.104. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
Sec. 207.105. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide to members of the board and to board
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
Sec. 207.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.
(a) The executive director or the executive director's designee
shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure that
all personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the civil rights division of the
Texas Workforce Commission for compliance with Subsection (b)(1);
and
(3) be filed with the governor.
[Sections 207.107-207.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF BOARD
Sec. 207.151. GENERAL POWERS AND DUTIES OF BOARD. The board
shall:
(1) establish qualifications for integrative medicine
practitioners in this state;
(2) establish the examination requirements for
issuance of a licensed integrative medicine practitioner license;
(3) establish minimum education and training
requirements necessary for issuance of a licensed integrative
medicine practitioner license;
(4) prescribe the application form for issuance of a
licensed integrative medicine practitioner license;
(5) develop an approved program of mandatory
continuing education for licensed integrative medicine
practitioners and the manner in which attendance at all approved
courses, clinics, forums, lectures, programs, or seminars is
monitored and recorded;
(6) adopt rules that are reasonable and necessary for
the performance of the board's duties under this chapter, as
provided by Chapter 2001, Government Code, including rules to
establish:
(A) licensing and other fees;
(B) license renewal dates; and
(C) procedures for disciplinary actions;
(7) review and approve or reject each application for
the issuance or renewal of a license;
(8) issue each license;
(9) deny, suspend, or revoke a license or otherwise
discipline a license holder; and
(10) take any action necessary to carry out the
functions and duties of the board under this chapter.
Sec. 207.152. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board by rule shall prescribe standards for
compliance with Subchapter A, Chapter 2254, Government Code.
(b) Except as provided by Subsection (a), the board may not
adopt rules restricting advertising or competitive bidding by a
license holder except to prohibit false, misleading, or deceptive
practices.
(c) In its rules to prohibit false, misleading, or deceptive
practices, the board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the license holder; or
(4) restricts the license holder's advertisement under
a trade name.
Sec. 207.153. STANDARDS OF CONDUCT AND ETHICS. The board
may establish standards of conduct and ethics for license holders
in keeping with the purposes and intent of this chapter and to
ensure strict compliance with and enforcement of this chapter.
Sec. 207.154. CONTINUING EDUCATION PROGRAMS. The board
shall recognize, prepare, or administer continuing education
programs for its license holders. A license holder must
participate in the programs to the extent required by the board to
keep the person's license.
Sec. 207.155. RECORDS. (a) The board shall maintain a
record of its proceedings.
(b) The board's records shall be available to the public at
all times.
(c) The board's records are prima facie evidence of the
proceedings of the board set forth in the records. A transcript of
the records certified by the secretary of the board under seal is
admissible in evidence with the same effect as if it were the
original.
Sec. 207.156. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATED TO LICENSE APPLICATION. (a) A statement made by a person
providing a reference for an applicant and other pertinent
information compiled by or submitted to the board relating to an
applicant for a license under this chapter is privileged and
confidential.
(b) Information described by Subsection (a) may be used only
by the board or its employees or agents who are directly involved in
the application or licensing process. The information is not
subject to discovery, subpoena, or other disclosure.
Sec. 207.157. SUBPOENA. (a) The board may request and, if
necessary, compel by subpoena:
(1) the attendance of a witness for examination under
oath; and
(2) the production for inspection or copying of
records, documents, and other evidence relevant to the
investigation of an alleged violation of this chapter.
(b) The board, acting through the attorney general, may
bring an action to enforce a subpoena issued under Subsection (a)
against a person who fails to comply with the subpoena.
(c) Venue for an action brought under Subsection (b) is in a
district court in:
(1) Travis County; or
(2) the county in which the board may hold a hearing.
(d) The court shall order compliance with the subpoena if
the court finds that good cause exists to issue the subpoena.
Sec. 207.158. TECHNOLOGY POLICY. The board shall develop
and implement a policy requiring the executive director and board
employees to research and propose appropriate technological
solutions to improve the board's ability to perform its functions.
The technological solutions must:
(1) ensure that the public is able to find information
about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
Sec. 207.159. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
[Sections 207.160-207.200 reserved for expansion]
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
Sec. 207.201. PUBLIC INTEREST INFORMATION. (a) The board
shall prepare information of public interest describing the
functions of the board and the procedures by which complaints are
filed with and resolved by the board.
(b) The board shall make the information available to the
public and appropriate state agencies.
Sec. 207.202. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Sec. 207.203. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of the
board for the purpose of directing complaints to the board. The
board may provide for that notice:
(1) on each registration form, application, or written
contract for services of a person regulated by the board; or
(2) on a sign prominently displayed in the place of
business of each person regulated by the board.
(b) The 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.
Sec. 207.204. RECORDS OF COMPLAINTS. (a) The board shall
keep an information file about each complaint filed with the board.
The board's information file must be kept current and contain a
record for each complaint of:
(1) each person contacted in relation to the
complaint;
(2) a summary of findings made at each step of the
complaint process;
(3) an explanation of the legal basis and reason for a
complaint that is dismissed;
(4) the schedule required under Section 207.205 and a
notification of any change in the schedule; and
(5) other relevant information.
(b) Except as provided by Subsection (c), if a written
complaint is filed with the board that the board has authority to
resolve, the board, at least quarterly and until final disposition
of the complaint, shall notify the parties to the complaint of the
status of the complaint unless the notice would jeopardize an
undercover investigation.
(c) If a written complaint that the board has authority to
resolve is referred to the enforcement committee, the board at
least semiannually and until final disposition of the complaint,
shall notify the parties to the complaint of the status of the
complaint unless the notice would jeopardize an undercover
investigation.
Sec. 207.205. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules
concerning the investigation of a complaint filed with the
board. The rules adopted under this section must:
(1) distinguish between categories of complaints;
(2) require the board to prioritize complaints for
purposes of determining the order in which they are investigated,
taking into account the seriousness of the allegations made in a
complaint and the length of time a complaint has been pending;
(3) ensure that a complaint is not dismissed without
appropriate consideration;
(4) 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 complaint;
(5) ensure that the person who filed the complaint has
the opportunity to explain the allegations made in the complaint;
and
(6) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator.
(b) The board shall:
(1) dispose of a complaint in a timely manner; and
(2) establish a schedule for conducting each phase of
the complaint process that is under the control of the board not
later than the 30th day after the date the board receives the
complaint.
(c) The board shall notify the parties to the complaint of
the projected time requirements for pursuing the complaint.
(d) The board shall notify the parties to the complaint of
any change in the schedule not later than the seventh day after the
date the change is made.
(e) The executive director shall notify the board of a
complaint that is unresolved after the time prescribed by the board
for resolving the complaint so that the board may take necessary
action on the complaint.
Sec. 207.206. CONFIDENTIALITY OF INVESTIGATION FILES. (a)
The board's investigation files are confidential, privileged, and
not subject to discovery, subpoena, or any other means of legal
compulsion for release other than to the board or an employee or
agent of the board.
(b) The board shall share information in investigation
files, on request, with another state or federal regulatory agency
or with a local, state, or federal law enforcement agency
regardless of whether the investigation has been completed. The
board is not required to disclose under this subsection information
that is an attorney-client communication, an attorney work product,
or other information protected by a privilege recognized by the
Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(c) On the completion of the investigation and before a
hearing under Section 207.302, the board shall provide to the
license holder, subject to any other privilege or restriction set
forth by rule, statute, or legal precedent, access to all
information in the board's possession that the board intends to
offer into evidence in presenting its case in chief at the contested
case hearing on the complaint. The board is not required to
provide:
(1) a board investigative report or memorandum;
(2) the identity of a nontestifying complainant; or
(3) attorney-client communications, attorney work
product, or other materials covered by a privilege recognized by
the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(d) Notwithstanding Subsection (a), the board may:
(1) disclose a complaint to the affected license
holder; and
(2) provide to a complainant the license holder's
response to the complaint, if providing the response is considered
by the board to be necessary to investigate the complaint.
(e) This section does not prohibit the board or another
party in a disciplinary action from offering into evidence in a
contested case under Chapter 2001, Government Code, a record,
document, or other information obtained or created during an
investigation.
Sec. 207.207. INSPECTIONS. (a) The board, during
reasonable business hours, may:
(1) conduct an on-site inspection of an integrative
medicine office or facility to investigate a complaint filed with
the board; and
(2) examine and copy records of the integrative
medicine office or facility pertinent to the inspection or
investigation.
(b) The board is not required to provide notice before
conducting an inspection under this section.
[Sections 207.208-207.250 reserved for expansion]
SUBCHAPTER F. LICENSE REQUIREMENTS; RENEWALS
Sec. 207.251. LICENSE REQUIRED. A person may not engage in
the practice of integrative medicine in this state unless the
person holds a license issued under this chapter.
Sec. 207.252. ISSUANCE OF LICENSE. The board shall issue a
license to an applicant who:
(1) meets the eligibility requirements of Section
207.253;
(2) submits an application on a form prescribed by the
board;
(3) pays the required application fee; and
(4) submits to the board any other information the
board considers necessary to evaluate the applicant's
qualifications.
Sec. 207.253. ELIGIBILITY REQUIREMENTS. To be eligible for
a license under this chapter, an applicant must:
(1) successfully complete an educational program
approved by the board;
(2) pass an examination approved by the board;
(3) be of good moral character; and
(4) meet any other requirement established by board
rule.
Sec. 207.254. LICENSE RENEWAL. (a) On notification from
the board, a person who holds a license under this chapter may renew
the license by:
(1) paying the required renewal fee;
(2) submitting the appropriate form; and
(3) meeting any other requirement established by board
rule.
(b) The board by rule may adopt a system under which
licenses expire on various dates during the year.
(c) A person who is otherwise eligible to renew a license
may renew an unexpired license by paying the required renewal fee to
the board before the expiration date of the license. A person whose
license has expired may not engage in activities that require a
license until the license has been renewed.
(d) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a fee that is equal
to 1-1/2 times the renewal fee for the license.
(e) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to the
board a fee equal to two times the renewal fee for the license.
Sec. 207.255. INACTIVE STATUS. (a) A person licensed under
this chapter may place the person's license on inactive status by
applying to the board. A person whose license is on inactive status
is not required to pay renewal fees for the license.
(b) The holder of a license on inactive status may not
engage in the practice of integrative medicine. A violation of this
subsection is considered to be practicing without a license.
(c) A person whose license is on inactive status under this
section may return the person's license to active status by:
(1) applying to the board;
(2) paying the fee established by the board for
returning a license to active status; and
(3) satisfying any other requirements established by
the board.
(d) The board by rule shall establish a limit on the length
of time a license holder's license may remain on inactive status.
[Sections 207.256-207.300 reserved for expansion]
SUBCHAPTER G. LICENSE DENIAL OR DISCIPLINARY PROCEDURES
Sec. 207.301. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
ACTION. The board 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) violates a rule adopted by the board;
(3) engages in unprofessional conduct as defined by
board rule that endangers or is likely to endanger the health,
welfare, or safety of the public; or
(4) violates this chapter.
Sec. 207.302. HEARING ON DENIAL OR DISCIPLINARY ACTION. (a)
A person whose application for a license is denied, whose license is
suspended or revoked, or who has been reprimanded is entitled to a
hearing before the State Office of Administrative Hearings if the
person submits a written request to the board.
(b) A hearing under this subchapter is a contested case
under Chapter 2001, Government Code.
Sec. 207.303. PROBATION. The board may place on probation a
person whose license is suspended. If a license suspension is
probated, the board may require the person to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue or review professional education until
the person attains a degree of skill satisfactory to the board in
those areas that are the basis of the probation.
Sec. 207.304. EMERGENCY SUSPENSION. (a) The board shall
temporarily suspend the license of a license holder if the board
determines from the evidence or information presented to it that
continued practice by the license holder would constitute a
continuing and imminent threat to the public welfare.
(b) A license may be suspended under this section without
notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a
hearing before the State Office of Administrative Hearings
simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to
believe that a continuing and imminent threat to the public welfare
still exists. A final hearing on the matter shall be held not later
than the 61st day after the date of the temporary suspension.
[Sections 207.305-207.350 reserved for expansion]
SUBCHAPTER H. ADMINISTRATIVE PENALTY
Sec. 207.351. IMPOSITION OF PENALTY. The board may impose
an administrative penalty against a person who violates this
chapter or a rule adopted under this chapter.
Sec. 207.352. AMOUNT OF PENALTY. (a) The amount of the
administrative penalty may not exceed $1,000 for each violation.
Each day of a continuing violation is a separate violation.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made to correct the violation; and
(5) any other matter that justice may require.
Sec. 207.353. NOTICE OF VIOLATION AND PENALTY. (a) If,
after investigating a possible violation and the facts surrounding
that possible violation, the board determines that a violation
occurred, the board shall give written notice of the violation to
the person alleged to have committed the violation.
(b) The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the proposed administrative
penalty; and
(3) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
Sec. 207.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 30th day after the date the person receives the
notice, the person may:
(1) accept the board's determination, including the
proposed administrative penalty; or
(2) make a written request for a hearing on that
determination.
(b) If the person accepts the board's determination, the
board by order shall approve the determination and impose the
proposed penalty.
Sec. 207.355. HEARING. (a) If the person timely requests a
hearing, the board shall:
(1) set a hearing; and
(2) give written notice of the hearing to the person.
(b) A hearing under this subchapter shall be conducted by
the State Office of Administrative Hearings.
(c) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the board a proposal
for decision regarding the occurrence of the violation and the
amount of any proposed administrative penalty.
Sec. 207.356. DECISION BY BOARD. (a) Based on the findings
of fact and conclusions of law and the recommendations of the
administrative law judge, the board by order may determine that:
(1) a violation has occurred and may impose an
administrative penalty; or
(2) a violation did not occur.
(b) The board shall give notice of the order to the person.
The notice must include:
(1) separate statements of the findings of fact and
conclusions of law;
(2) the amount of any penalty imposed; and
(3) a statement of the right of the person to judicial
review of the order.
Sec. 207.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
(a) Not later than the 30th day after the date on which the order
becomes final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial
review contesting the occurrence of the violation, the amount of
the penalty, or both; or
(3) without paying the penalty, file a petition for
judicial review contesting the occurrence of the violation, the
amount of the penalty, or both.
(b) Within the 30-day period following the date on which the
order becomes final, a person who acts under Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving to the court a supersedeas bond that
is approved by the court for the amount of the penalty and that is
effective until all judicial review of the order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the board by
certified mail.
(c) If the board receives a copy of an affidavit as provided
by Subsection (b)(2), the board may file with the court a contest to
the affidavit not later than the fifth day after the date the copy
is received.
(d) The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Sec. 207.358. COLLECTION OF PENALTY. If the person does not
pay the administrative penalty and the enforcement of the penalty
is not stayed, the board may refer the matter to the attorney
general for collection.
Sec. 207.359. DETERMINATION BY COURT. (a) If the court
sustains the determination that a violation occurred, the court may
uphold or reduce the amount of the administrative penalty and order
the person to pay the full or reduced amount.
(b) If the court does not sustain the determination that a
violation occurred, the court shall order that a penalty is not
owed.
Sec. 207.360. REMITTANCE OF PENALTY AND INTEREST. (a) If,
after judicial review, the administrative penalty is reduced or not
imposed by the court, the court shall, after the judgment becomes
final:
(1) order the appropriate amount, plus accrued
interest, be remitted to the person by the board if the person paid
the penalty under Section 207.357(a)(2); or
(2) if the person paid the penalty under Section
207.357(b)(1)(A) or posted a supersedeas bond, order the board to:
(A) execute a complete release of the escrow
account or bond, as appropriate, if the penalty is not imposed; or
(B) release the escrow account or bond, as
appropriate, after the reduced penalty has been paid from the
account or by the person.
(b) The interest paid under Subsection (a)(1) is accrued at
the rate charged on loans to depository institutions by the New York
Federal Reserve Bank. The interest shall be paid for the period
beginning on the date the penalty is paid and ending on the date the
penalty is remitted.
Sec. 207.361. ADMINISTRATIVE PROCEDURE. A proceeding under
this subchapter is subject to Chapter 2001, Government Code.
[Sections 207.362-207.400 reserved for expansion]
SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 207.401. INJUNCTIVE RELIEF. (a) The board may
institute in the board's name an action to restrain a violation of
this chapter. An action under this subsection is in addition to any
other action authorized by law.
(b) The state may sue for an injunction to restrain the
practice of integrative medicine in violation of this chapter.
(c) The state shall be represented in suits for injunction
by:
(1) the attorney general;
(2) the district attorney of the district in which the
defendant resides; or
(3) the county attorney of the county in which the
defendant resides.
(d) A suit for injunction under Subsection (b) may not be
filed before the final conviction for a violation of this chapter of
the party sought to be enjoined.
(e) The state is not required to show that a person is
personally injured by the defendant's unlawful practice of
integrative medicine.
(f) A court may not grant a temporary or permanent
injunction until a hearing of the complaint on its merits. A court
may not issue an injunction or restraining order until the final
trial and final judgment on the merits of the suit.
(g) If the defendant is shown to have been unlawfully
practicing integrative medicine or to have been about to unlawfully
practice integrative medicine, the court shall perpetually enjoin
the defendant from practicing integrative medicine in the manner
that was the subject of the suit.
(h) A defendant who disobeys the injunction is subject to
the penalties provided by law for the violation of an injunction.
The remedy by injunction is in addition to a criminal prosecution.
(i) A suit for injunction under this section shall be
advanced for trial on the docket of the trial court and advanced and
tried in the appellate courts in the same manner as other suits for
injunction.
Sec. 207.402. CEASE AND DESIST ORDER. (a) If it appears to
the board that a person is engaging in an act or practice that
constitutes the practice of integrative medicine without a license
or registration under this chapter, the board, after notice and
opportunity for a hearing, may issue a cease and desist order
prohibiting the person from engaging in that activity.
(b) A violation of an order under this section constitutes
grounds for imposing an administrative penalty under Subchapter H.
Sec. 207.403. CIVIL PENALTY. (a) A person who violates
this chapter or a rule adopted by the board under this chapter is
liable to the state for a civil penalty of $1,000 for each day of
violation.
(b) At the request of the board, the attorney general shall
bring an action to recover a civil penalty authorized by this
section.
Sec. 207.404. CRIMINAL PENALTY. A person commits an
offense if the person violates this chapter. An offense under this
section is a misdemeanor punishable by a fine of not less than $50
or more than $500 or by confinement in the county jail for not more
than 30 days.
SECTION 2. As soon as practicable after the effective date
of this Act, the governor shall appoint nine members to the Texas
Board of Integrative Medicine in accordance with Chapter 207,
Occupations Code, as added by this Act. In making the initial
appointments, the governor shall designate three members for terms
expiring January 31, 2013, three members for terms expiring January
31, 2015, and three members for terms expiring January 31, 2017.
SECTION 3. Not later than June 1, 2012, the Texas Board of
Integrative Medicine shall adopt the rules, procedures, and fees
necessary to administer Chapter 207, Occupations Code, as added by
this Act.
SECTION 4. Notwithstanding Chapter 207, Occupations Code,
as added by this Act, a practitioner of integrative medicine is not
required to hold a license under that chapter to practice
integrative medicine in this state before September 1, 2012.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2011.
(b) Section 207.251 and Subchapters G, H, and I, Chapter
207, Occupations Code, as added by this Act, take effect September
1, 2012.