| 1 | 1 | | By: Zedler (Senate Sponsor - Eltife) H.B. No. 2627 |
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| 2 | 2 | | (In the Senate - Received from the House April 29, 2013; |
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| 3 | 3 | | April 30, 2013, read first time and referred to Committee on Health |
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| 4 | 4 | | and Human Services; May 13, 2013, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 8, Nays 0; May 13, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the issuance of remedial plans to resolve complaints |
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| 11 | 11 | | filed with the Texas Optometry Board; authorizing a fee. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter K, Chapter 351, Occupations Code, is |
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| 14 | 14 | | amended by adding Section 351.509 to read as follows: |
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| 15 | 15 | | Sec. 351.509. REMEDIAL PLAN. (a) The board may issue and |
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| 16 | 16 | | establish the terms of a remedial plan to resolve the investigation |
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| 17 | 17 | | of a complaint filed under this chapter. |
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| 18 | 18 | | (b) A remedial plan may not contain a provision that: |
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| 19 | 19 | | (1) revokes, suspends, limits, or restricts a person's |
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| 20 | 20 | | license or other authorization to practice optometry or therapeutic |
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| 21 | 21 | | optometry; or |
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| 22 | 22 | | (2) assesses an administrative penalty against a |
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| 23 | 23 | | person. |
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| 24 | 24 | | (c) A remedial plan may not be imposed to resolve a |
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| 25 | 25 | | complaint: |
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| 26 | 26 | | (1) concerning: |
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| 27 | 27 | | (A) a death; |
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| 28 | 28 | | (B) a hospitalization; or |
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| 29 | 29 | | (C) the commission of a felony; or |
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| 30 | 30 | | (2) in which the appropriate resolution may involve a |
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| 31 | 31 | | restriction on the manner in which a license holder practices |
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| 32 | 32 | | optometry or therapeutic optometry. |
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| 33 | 33 | | (d) The board may not issue a remedial plan to resolve a |
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| 34 | 34 | | complaint against a license holder if the license holder has |
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| 35 | 35 | | entered into a remedial plan with the board in the preceding 24 |
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| 36 | 36 | | months for the resolution of a different complaint filed under this |
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| 37 | 37 | | chapter. |
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| 38 | 38 | | (e) If a license holder complies with and successfully |
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| 39 | 39 | | completes the terms of a remedial plan, the board shall remove all |
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| 40 | 40 | | records of the remedial plan from the board's records on the second |
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| 41 | 41 | | anniversary of the date the license holder successfully completes |
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| 42 | 42 | | the remedial plan. |
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| 43 | 43 | | (f) The board may assess a fee against a license holder |
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| 44 | 44 | | participating in a remedial plan in an amount necessary to recover |
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| 45 | 45 | | the costs of administering the plan. |
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| 46 | 46 | | (g) The board shall adopt rules necessary to implement this |
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| 47 | 47 | | section. |
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| 48 | 48 | | SECTION 2. The Texas Optometry Board shall adopt rules |
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| 49 | 49 | | under Section 351.509, Occupations Code, as added by this Act, not |
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| 50 | 50 | | later than January 1, 2014. |
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| 51 | 51 | | SECTION 3. Section 351.509, Occupations Code, as added by |
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| 52 | 52 | | this Act, applies only to a complaint under Chapter 351, |
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| 53 | 53 | | Occupations Code, filed on or after the effective date of this Act. |
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| 54 | 54 | | A complaint under Chapter 351, Occupations Code, filed before that |
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| 55 | 55 | | date is governed by the law in effect on the date the complaint was |
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| 56 | 56 | | filed, and that law is continued in effect for that purpose. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2013. |
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| 58 | 58 | | * * * * * |
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