Texas 2011 - 82nd Regular

Texas Senate Bill SB662 Compare Versions

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1	1	By: Nichols, Hegar S.B. No. 662
2	2	(Anchia)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the State Board of
8	8	Examiners for Speech-Language Pathology and Audiology; providing
9	9	an administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 401.001, Occupations Code, is amended by
12	12	amending Subdivision (4) and adding Subdivision (4-a) to read as
13	13	follows:
14	14	(4) "Department" means the [Texas] Department of State
15	15	Health Services.
16	16	(4-a) "Hearing instrument" has the meaning assigned by
17	17	Section 402.001.
18	18	SECTION 2. Section 401.002, Occupations Code, is amended to
19	19	read as follows:
20	20	Sec. 401.002. APPLICATION OF SUNSET ACT. The State Board of
21	21	Examiners for Speech-Language Pathology and Audiology is subject to
22	22	Chapter 325, Government Code (Texas Sunset Act). Unless continued
23	23	in existence as provided by that chapter, the board is abolished and
24	24	this chapter expires September 1, 2017 [2011].
25	25	SECTION 3. Section 401.101, Occupations Code, is amended to
26	26	read as follows:
27	27	Sec. 401.101. BOARD WITHIN [HEALTH] DEPARTMENT. The State
28	28	Board of Examiners for Speech-Language Pathology and Audiology is
29	29	within the department [Texas Department of Health].
30	30	SECTION 4. Section 401.103, Occupations Code, is amended to
31	31	read as follows:
32	32	Sec. 401.103. ELIGIBILITY OF PUBLIC MEMBERS. A person may
33	33	not be a [The two] public member [members] of the board, other than
34	34	the public member described by Section 401.102(d), if the person or
35	35	the person's spouse [who are not physicians may not]:
36	36	(1) is registered, certified, or [be] licensed by an
37	37	occupational regulatory agency in the field of health care;
38	38	(2) is [be] employed by or [and] participating in the
39	39	management of an agency or business entity that:
40	40	(A) provides health care services;
41	41	(B) [or that] sells, manufactures, or
42	42	distributes health care supplies or equipment; or
43	43	(C) receives money from the board or the
44	44	department;
45	45	(3) owns, controls [own, control], or has [have] a
46	46	direct or indirect interest of more than 10 percent in a business
47	47	entity that:
48	48	(A) provides health care services;
49	49	(B) [or that] sells, manufactures, or
50	50	distributes health care supplies or equipment; or
51	51	(C) receives money from the board or department;
52	52	or
53	53	(4) uses or receives a substantial amount of tangible
54	54	goods, services, or money from the board or department other than
55	55	compensation or reimbursement authorized by law for board
56	56	membership, attendance, or expenses [be an officer, employee, or
57	57	paid consultant of a trade association in the field of health care].
58	58	SECTION 5. Section 401.104, Occupations Code, is amended by
59	59	amending Subsection (a) and adding Subsection (c) to read as
60	60	follows:
61	61	(a) In this section, "Texas trade association" means a
62	62	cooperative and voluntarily joined statewide association of
63	63	business or professional competitors in this state designed to
64	64	assist its members and its industry or profession in dealing with
65	65	mutual business or professional problems and in promoting their
66	66	common interest [A board member may not be related within the
67	67	second degree by consanguinity or affinity, as determined under
68	68	Subchapter B, Chapter 573, Government Code, to an officer,
69	69	employee, or paid consultant of a trade association in the field of
70	70	health care].
71	71	(c) A person may not be a member of the board if:
72	72	(1) the person is an officer, employee, or paid
73	73	consultant of a Texas trade association in the field of health care;
74	74	or
75	75	(2) the person's spouse is an officer, manager, or paid
76	76	consultant of a Texas trade association in the field of health care.
77	77	SECTION 6. Subsection (a), Section 401.107, Occupations
78	78	Code, is amended to read as follows:
79	79	(a) The governor shall designate a member of the board as
80	80	the presiding officer of the board to serve in that capacity at the
81	81	will of the governor [board shall organize itself annually and
82	82	select a presiding officer, assistant presiding officer, and
83	83	secretary-treasurer].
84	84	SECTION 7. Subchapter C, Chapter 401, Occupations Code, is
85	85	amended by adding Sections 401.109 and 401.110 to read as follows:
86	86	Sec. 401.109. GROUNDS FOR REMOVAL. (a) It is a ground for
87	87	removal from the board that a member:
88	88	(1) does not have at the time of taking office the
89	89	qualifications required by Section 401.102;
90	90	(2) does not maintain during service on the board the
91	91	qualifications required by Section 401.102;
92	92	(3) is ineligible for membership under Section 401.103
93	93	or 401.104;
94	94	(4) cannot, because of illness or disability,
95	95	discharge the member's duties for a substantial part of the member's
96	96	term; or
97	97	(5) is absent from more than half of the regularly
98	98	scheduled board meetings that the member is eligible to attend
99	99	during a calendar year without an excuse approved by a majority vote
100	100	of the board.
101	101	(b) The validity of an action of the board is not affected by
102	102	the fact that the action is taken when a ground for removal of a
103	103	board member exists.
104	104	(c) If the commissioner of state health services has
105	105	knowledge that a potential ground for removal exists, the
106	106	commissioner shall notify the presiding officer of the board of the
107	107	potential ground. The presiding officer shall then notify the
108	108	governor and the attorney general that a potential ground for
109	109	removal exists. If the potential ground for removal involves the
110	110	presiding officer, the commissioner shall notify the next highest
111	111	ranking officer of the board, who shall then notify the governor and
112	112	the attorney general that a potential ground for removal exists.
113	113	Sec. 401.110. TRAINING. (a) A person who is appointed to
114	114	and qualifies for office as a member of the board may not vote,
115	115	deliberate, or be counted as a member in attendance at a meeting of
116	116	the board until the person completes a training program that
117	117	complies with this section.
118	118	(b) The training program must provide the person with
119	119	information regarding:
120	120	(1) this chapter;
121	121	(2) the programs, functions, rules, and budget of the
122	122	board;
123	123	(3) the results of the most recent formal audit of the
124	124	board;
125	125	(4) the requirements of laws relating to open
126	126	meetings, public information, administrative procedure, and
127	127	conflicts of interest; and
128	128	(5) any applicable ethics policies adopted by the
129	129	board or the Texas Ethics Commission.
130	130	(c) A person appointed to the board is entitled to
131	131	reimbursement, as provided by the General Appropriations Act, for
132	132	the travel expenses incurred in attending the training program
133	133	regardless of whether the attendance at the program occurs before
134	134	or after the person qualifies for office.
135	135	SECTION 8. Subchapter E, Chapter 401, Occupations Code, is
136	136	amended by adding Section 401.2021 to read as follows:
137	137	Sec. 401.2021. JOINT RULES FOR HEARING INSTRUMENTS. With
138	138	the assistance of the department, the board and the State Committee
139	139	of Examiners in the Fitting and Dispensing of Hearing Instruments
140	140	shall jointly adopt rules to establish requirements for each sale
141	141	of a hearing instrument. The rules must:
142	142	(1) address:
143	143	(A) the information and other provisions
144	144	required in each written contract for the purchase of a hearing
145	145	instrument;
146	146	(B) records that must be retained under this
147	147	chapter or Chapter 402; and
148	148	(C) guidelines for the 30-day trial period during
149	149	which a person may cancel the purchase of a hearing instrument; and
150	150	(2) require that the written contract and 30-day trial
151	151	period information provided to a purchaser of a hearing instrument
152	152	be in plain language designed to be easily understood by the average
153	153	consumer.
154	154	SECTION 9. Subchapter G, Chapter 401, Occupations Code, is
155	155	amended by adding Section 401.3041 to read as follows:
156	156	Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION
157	157	REQUIREMENT FOR LICENSE ISSUANCE. (a) The board shall require
158	158	that an applicant for a license submit a complete and legible set of
159	159	fingerprints, on a form prescribed by the board, to the board or to
160	160	the Department of Public Safety for the purpose of obtaining
161	161	criminal history record information from the Department of Public
162	162	Safety and the Federal Bureau of Investigation.
163	163	(b) The board may not issue a license to a person who does
164	164	not comply with the requirement of Subsection (a).
165	165	(c) The board shall conduct a criminal history check of each
166	166	applicant for a license using information:
167	167	(1) provided by the individual under this section; and
168	168	(2) made available to the board by the Department of
169	169	Public Safety, the Federal Bureau of Investigation, and any other
170	170	criminal justice agency under Chapter 411, Government Code.
171	171	(d) The Department of State Health Services on behalf of the
172	172	board may:
173	173	(1) enter into an agreement with the Department of
174	174	Public Safety to administer a criminal history check required under
175	175	this section; and
176	176	(2) authorize the Department of Public Safety to
177	177	collect from each applicant the costs incurred by the Department of
178	178	Public Safety in conducting the criminal history check.
179	179	SECTION 10. Subchapter H, Chapter 401, Occupations Code, is
180	180	amended by adding Section 401.3521 to read as follows:
181	181	Sec. 401.3521. CRIMINAL HISTORY RECORD INFORMATION
182	182	REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
183	183	license issued under this chapter shall submit a complete and
184	184	legible set of fingerprints for purposes of performing a criminal
185	185	history check of the applicant as provided by Section 401.3041.
186	186	(b) The board may not renew the license of a person who does
187	187	not comply with the requirement of Subsection (a).
188	188	(c) The requirements of this section do not apply to a
189	189	license holder who has previously submitted fingerprints under this
190	190	section or Section 401.3041.
191	191	(d) This section expires February 1, 2015.
192	192	SECTION 11. Subchapter J, Chapter 401, Occupations Code, is
193	193	amended by adding Section 401.4531 to read as follows:
194	194	Sec. 401.4531. RECUSAL OF BOARD MEMBER. (a) A board
195	195	member who participated in the investigation of a complaint or in
196	196	informal settlement negotiations regarding the complaint:
197	197	(1) may not vote on the matter at a board meeting
198	198	related to the complaint; and
199	199	(2) shall state at the meeting why the member is
200	200	prohibited from voting on the matter.
201	201	(b) A statement under Subsection (a)(2) shall be entered
202	202	into the minutes of the meeting.
203	203	SECTION 12. Subchapter K, Chapter 401, Occupations Code, is
204	204	amended by adding Sections 401.5021 and 401.5022 to read as
205	205	follows:
206	206	Sec. 401.5021. BOARD-ORDERED REFUND. The board may order
207	207	an audiologist to pay a refund to a consumer who returns a hearing
208	208	instrument during the 30-day trial period required by rules adopted
209	209	under Section 401.2021.
210	210	Sec. 401.5022. CEASE AND DESIST ORDER. (a) If it appears
211	211	to the board that a person who is not licensed under this chapter is
212	212	violating this chapter, a rule adopted under this chapter, or
213	213	another state statute or rule relating to the practice of
214	214	speech-language pathology or audiology, the board, after notice and
215	215	opportunity for a hearing, may issue a cease and desist order
216	216	prohibiting the person from engaging in the activity.
217	217	(b) A violation of an order under this section constitutes
218	218	grounds for imposing an administrative penalty under Subchapter L.
219	219	SECTION 13. (a) Not later than February 1, 2012, the State
220	220	Board of Examiners for Speech-Language Pathology and Audiology
221	221	shall adopt rules necessary to implement Sections 401.3041 and
222	222	401.3521, Occupations Code, as added by this Act.
223	223	(b) Not later than May 1, 2012, the State Board of Examiners
224	224	for Speech-Language Pathology and Audiology and the State Committee
225	225	of Examiners in the Fitting and Dispensing of Hearing Instruments
226	226	shall adopt rules required by Section 401.2021, Occupations Code,
227	227	as added by this Act.
228	228	(c) The changes in law made by Sections 401.103 and 401.104,
229	229	Occupations Code, as amended by this Act, and Section 401.110,
230	230	Occupations Code, as added by this Act, regarding the prohibitions
231	231	on or qualifications of members of the State Board of Examiners for
232	232	Speech-Language Pathology and Audiology do not affect the
233	233	entitlement of a member serving on the board immediately before
234	234	September 1, 2011, to continue to serve and function as a member of
235	235	the board for the remainder of the member's term. The changes in
236	236	law made by those sections apply only to a member appointed on or
237	237	after September 1, 2011.
238	238	(d) Section 401.4531, Occupations Code, as added by this
239	239	Act, applies only to a complaint filed with the State Board of
240	240	Examiners for Speech-Language Pathology and Audiology on or after
241	241	the effective date of this Act. A complaint filed before the
242	242	effective date of this Act is governed by the law as it existed
243	243	immediately before that date, and the former law is continued in
244	244	effect for that purpose.
245	245	(e) Sections 401.3041 and 401.3521, Occupations Code, as
246	246	added by this Act, apply only to an application for a license or
247	247	renewal of a license filed with the State Board of Examiners for
248	248	Speech-Language Pathology and Audiology on or after March 1, 2012.
249	249	An application filed before that date is governed by the law in
250	250	effect at the time the application was filed, and the former law is
251	251	continued in effect for that purpose.
252	252	SECTION 14. This Act takes effect September 1, 2011.