Texas 2015 - 84th Regular

Texas House Bill HB2510 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R20091 MAW-D
2	2	By: Price, Raymond, Dutton, Burkett, H.B. No. 2510
3	3	Gonzales
4	4	Substitute the following for H.B. No. 2510:
5	5	By: Raymond C.S.H.B. No. 2510
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the continuation and functions of the Department of
11	11	State Health Services, the provision of health services in this
12	12	state, and the regulation of certain health-related occupations and
13	13	activities.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. STATE MENTAL HEALTH HOSPITAL SYSTEM
16	16	SECTION 1.001. Subchapter D, Chapter 1001, Health and
17	17	Safety Code, is amended by adding Section 1001.086 to read as
18	18	follows:
19	19	Sec. 1001.086. TREATMENT ALTERNATIVES TRAINING CURRICULUM
20	20	FOR JUDGES AND ATTORNEYS. (a) The department shall work with the
21	21	court of criminal appeals to develop and maintain a training
22	22	curriculum for judges and attorneys that provides information on
23	23	inpatient and outpatient treatment alternatives to inpatient
24	24	commitment to a state hospital for a patient whom a court is
25	25	ordering to receive mental health services:
26	26	(1) to attain competency to stand trial under Chapter
27	27	46B, Code of Criminal Procedure; or
28	28	(2) following an acquittal by reason of insanity under
29	29	Chapter 46C, Code of Criminal Procedure.
30	30	(b) The training curriculum developed and maintained under
31	31	Subsection (a) must include a guide to treatment alternatives,
32	32	other than inpatient treatment at a state hospital, from which a
33	33	patient described by Subsection (a) may receive mental health
34	34	services.
35	35	SECTION 1.002. Not later than March 1, 2016, the Department
36	36	of State Health Services and the court of criminal appeals shall
37	37	develop the training curriculum required by Section 1001.086,
38	38	Health and Safety Code, as added by this article.
39	39	ARTICLE 2. COMMUNITY MENTAL HEALTH PROGRAMS
40	40	SECTION 2.001. Subchapter B, Chapter 533, Health and Safety
41	41	Code, is amended by adding Section 533.0347 to read as follows:
42	42	Sec. 533.0347. REVIEW RELATING TO BEHAVIORAL HEALTH
43	43	SERVICES PROVIDER CONTRACTS. (a) In this section, "behavioral
44	44	health services" means mental health services, substance abuse
45	45	services, or both.
46	46	(b) The commission shall conduct a strategic review to
47	47	evaluate and improve the performance measures and payment
48	48	mechanisms that are included in the department's contracts with
49	49	providers of behavioral health services. The commission shall
50	50	conduct the review in three phases and with the assistance of a
51	51	third party who has expertise in health purchasing.
52	52	(c) In the first phase of the review, the commission shall:
53	53	(1) identify for elimination from the department's
54	54	contracts with providers of behavioral health services performance
55	55	measures that are not required by state or federal law,
56	56	particularly those that measure inputs and processes rather than
57	57	outcomes;
58	58	(2) review and identify refinements to the metrics and
59	59	methodology associated with the withholding of funds from local
60	60	mental health authorities for use as performance-based incentive
61	61	payments for the authorities as directed by Rider 78, page II-76,
62	62	Chapter 1411 (S.B. 1), Acts of the 83rd Legislature, Regular
63	63	Session, 2013 (the General Appropriations Act); and
64	64	(3) consider adopting strategies that are similar to
65	65	strategies associated with the performance measures and
66	66	accountability processes for managed care organizations.
67	67	(d) The commission and the department may not include a
68	68	performance measure identified for elimination under Subsection
69	69	(c)(1) in a contract between the department and a provider of
70	70	behavioral health services that is entered into or renewed on or
71	71	after September 1, 2015.
72	72	(e) Not later than September 1, 2015, the commission and the
73	73	department shall implement the refinements identified under
74	74	Subsection (c)(2) to the metrics and methodology associated with
75	75	the withholding of funds from local mental health authorities for
76	76	use as performance-based incentive payments for the authorities.
77	77	(f) In the second phase of the review:
78	78	(1) the commission and the third party shall develop
79	79	outcome measures for inclusion in contracts with providers of
80	80	behavioral health services that are based on best practices in
81	81	performance measurement and contracting;
82	82	(2) the commission shall use a subset of priority
83	83	outcome measures from those developed under Subdivision (1) to
84	84	develop and implement incentive payments and financial sanctions
85	85	for inclusion in contracts with providers of behavioral health
86	86	services that are aligned with the models used by the commission for
87	87	purchasing health care services; and
88	88	(3) the commission and the department shall jointly:
89	89	(A) identify obstacles to the timely processing
90	90	of contracts with providers of behavioral health services and
91	91	determine ways to eliminate those obstacles; and
92	92	(B) determine ways to streamline contracts with
93	93	providers of behavioral health services, including the reporting
94	94	requirements for performance measures included in those contracts,
95	95	to minimize the administrative burden on providers of behavioral
96	96	health services, the commission, and the department.
97	97	(g) For a contract between the department and a provider of
98	98	behavioral health services that is entered into or renewed on or
99	99	after September 1, 2016, the commission and the department shall:
100	100	(1) include:
101	101	(A) the outcome measures developed under
102	102	Subsection (f)(1); and
103	103	(B) the incentive payments and financial
104	104	sanctions developed under Subsection (f)(2); and
105	105	(2) ensure that the contract is streamlined in
106	106	accordance with the commission's and department's determinations
107	107	under Subsection (f)(3)(B).
108	108	(h) In the third phase of the review, the commission shall
109	109	develop and make available to the public online, not later than
110	110	December 1, 2016, a web-based dashboard that enables the public to
111	111	make comparisons between behavioral health services providers.
112	112	(i) This section expires September 1, 2017.
113	113	SECTION 2.002. Section 533.0359(a), Health and Safety Code,
114	114	is amended to read as follows:
115	115	(a) In developing rules governing local mental health
116	116	authorities under Sections 533.035, [533.0351,] 533.03521,
117	117	533.0357, and 533.0358, the executive commissioner shall use
118	118	rulemaking procedures under Subchapter B, Chapter 2001, Government
119	119	Code.
120	120	SECTION 2.003. Subchapter B, Chapter 533, Health and Safety
121	121	Code, is amended by adding Section 533.0515 to read as follows:
122	122	Sec. 533.0515. REGIONAL ALLOCATION OF MENTAL HEALTH BEDS IN
123	123	STATE HOSPITALS. (a) The commission, with input from the local
124	124	mental health authorities and local behavioral health authorities,
125	125	and after considering any plan developed under Section 533.051,
126	126	shall divide the state into regions for the purpose of allocating to
127	127	each region beds in the state hospitals for patients who are:
128	128	(1) voluntarily admitted to a state hospital under
129	129	Subchapter B, Chapter 462, or Chapter 572;
130	130	(2) admitted to a state hospital for emergency
131	131	detention under Subchapter C, Chapter 462, or Chapter 573;
132	132	(3) ordered by a court to receive at a state hospital
133	133	inpatient chemical dependency treatment under Subchapter D,
134	134	Chapter 462, or inpatient mental health services under Chapter 574;
135	135	(4) committed to a state hospital to attain competency
136	136	to stand trial under Chapter 46B, Code of Criminal Procedure; or
137	137	(5) committed to a state hospital to receive inpatient
138	138	mental health services following an acquittal by reason of insanity
139	139	under Chapter 46C, Code of Criminal Procedure.
140	140	(b) The local mental health authorities and local
141	141	behavioral health authorities shall develop and submit to the
142	142	commission for approval a methodology for allocating to each region
143	143	designated under Subsection (a) a certain number of state hospital
144	144	beds for the patients described by Subsection (a). The commission
145	145	may approve the allocation methodology only if the authorities
146	146	demonstrate that the methodology fairly allocates state hospital
147	147	beds across the state.
148	148	(c) After the commission approves the allocation
149	149	methodology, the department shall begin allocating state hospital
150	150	beds to the regions according to the methodology.
151	151	(d) On a quarterly basis, the commission shall assess and
152	152	collect from each local mental health authority and local
153	153	behavioral health authority in a region a daily fee, in an amount
154	154	prescribed by rule by the executive commissioner, for each bed day
155	155	that a patient from that region and described by Subsection (a)
156	156	spends in a state hospital in excess of the number of state hospital
157	157	beds allocated to that region under Subsection (c).
158	158	(e) The commission shall distribute the fees collected
159	159	under Subsection (d) to the local mental health authorities and
160	160	local behavioral health authorities in each region in which
161	161	patients described by Subsection (a) underuse the state hospital
162	162	beds allocated to the region during the quarter. The commission
163	163	shall distribute the fees to the local mental health authorities
164	164	and local behavioral health authorities in proportion to the
165	165	underuse of state hospital beds in the regions in which the
166	166	authorities are located.
167	167	SECTION 2.004. Subchapter D, Chapter 533, Health and Safety
168	168	Code, is amended by adding Sections 533.088 and 533.089 to read as
169	169	follows:
170	170	Sec. 533.088. ESTABLISHMENT OF NEW FACILITY TYPES; FUNDING.
171	171	(a) The executive commissioner may adopt rules establishing new
172	172	types of community-based crisis and treatment facilities for
173	173	persons with mental health disorders, substance abuse disorders, or
174	174	co-occurring mental health and substance abuse disorders. A new
175	175	type of facility established by rule under this section must
176	176	provide mental health or substance abuse services to patients in a
177	177	residential setting and according to best practices.
178	178	(b) The department shall give priority in the award of state
179	179	funding for crisis and treatment facilities for persons with mental
180	180	health or substance abuse disorders to a facility that is approved
181	181	by the department to operate as a new facility type under Subsection
182	182	(a) or that otherwise delivers mental health or substance abuse
183	183	services in an innovative manner.
184	184	Sec. 533.089. REVIEW RELATING TO CERTAIN COMMUNITY-BASED
185	185	CRISIS AND TREATMENT FACILITIES. (a) The department shall conduct
186	186	a comprehensive review of department rules and department contract
187	187	requirements governing community-based crisis and treatment
188	188	facilities for persons with mental health and substance abuse
189	189	disorders. As part of the review, department regulatory staff,
190	190	department behavioral health program staff, and stakeholders shall
191	191	work together to identify best practices for and unnecessary
192	192	barriers to the effective delivery of mental health and substance
193	193	abuse services by community-based crisis and treatment facilities.
194	194	(b) The department shall:
195	195	(1) develop proposed rules based on the work of the
196	196	department staff and stakeholders in Subsection (a); and
197	197	(2) submit to the appropriate behavioral health
198	198	services advisory body designated by the executive commissioner the
199	199	proposed rules for the body's review.
200	200	(c) Not later than September 1, 2016, the executive
201	201	commissioner shall adopt rules relating to the delivery of mental
202	202	health and substance abuse services by community-based crisis and
203	203	treatment facilities after considering any recommendations made by
204	204	the advisory body under Subsection (b)(2). The rules may include
205	205	the establishment of new types of community-based crisis and
206	206	treatment facilities for persons with mental health disorders,
207	207	substance abuse disorders, or co-occurring mental health and
208	208	substance abuse disorders as authorized by Section 533.088.
209	209	(d) This section expires September 1, 2017.
210	210	SECTION 2.005. Subchapter D, Chapter 1001, Health and
211	211	Safety Code, is amended by adding Sections 1001.0731 and 1001.0732
212	212	to read as follows:
213	213	Sec. 1001.0731. CONTRACTING FOR CERTAIN FUNCTIONS RELATING
214	214	TO SUBSTANCE ABUSE. The department may contract only with local
215	215	mental health authorities and local behavioral health authorities
216	216	to administer outreach, screening, assessment, and referral
217	217	functions relating to the provision of substance abuse services.
218	218	Sec. 1001.0732. MENTAL HEALTH AND SUBSTANCE ABUSE HOTLINES.
219	219	The department shall ensure that each local mental health authority
220	220	and local behavioral health authority operates a toll-free
221	221	telephone hotline that enables a person to call a single hotline
222	222	number to obtain information from the authority about mental health
223	223	services, substance abuse services, or both.
224	224	SECTION 2.006. The following provisions, including
225	225	provisions amended by S.B. 219, Acts of the 84th Legislature,
226	226	Regular Session, 2015, are repealed:
227	227	(1) Section 7.030, Education Code;
228	228	(2) Subchapter F, Chapter 461A, Health and Safety
229	229	Code; and
230	230	(3) Section 533.0351, Health and Safety Code.
231	231	SECTION 2.007. As soon as practicable after the effective
232	232	date of this Act, the Health and Human Services Commission shall
233	233	divide the state into regions and the local mental health
234	234	authorities and local behavioral health authorities shall develop
235	235	and submit to the commission for approval the state hospital bed
236	236	allocation methodology required by Section 533.0515, Health and
237	237	Safety Code, as added by this article. Before the commission
238	238	approves the methodology, the Department of State Health Services
239	239	shall continue to allocate beds in the state hospitals according to
240	240	the department's policy as it existed immediately before the
241	241	effective date of this Act, and the policy is continued in effect
242	242	for that purpose.
243	243	SECTION 2.008. Section 1001.0731, Health and Safety Code,
244	244	as added by this article, applies only to a contract that is entered
245	245	into or renewed on or after the effective date of this Act. A
246	246	contract that is entered into or renewed before that date is
247	247	governed by the law as it existed immediately before the effective
248	248	date of this Act, and that law is continued in effect for that
249	249	purpose.
250	250	ARTICLE 3. EMERGENCY MEDICAL SERVICES REGULATION
251	251	SECTION 3.001. Section 773.050, Health and Safety Code, is
252	252	amended by adding Subsection (i) to read as follows:
253	253	(i) The department may develop and administer at least twice
254	254	each calendar year a jurisprudence examination to determine the
255	255	knowledge that an applicant for an emergency medical services
256	256	provider license or emergency medical services personnel
257	257	certification has of this chapter, department rules, and any other
258	258	applicable laws affecting the applicant's activities regulated
259	259	under this chapter. Department rules must specify who must take the
260	260	examination on behalf of an entity applying for an emergency
261	261	medical services provider license.
262	262	SECTION 3.002. Section 773.0571, Health and Safety Code, as
263	263	amended by Chapters 1089 (H.B. 3556) and 1311 (S.B. 8), Acts of the
264	264	83rd Legislature, Regular Session, 2013, is reenacted and amended
265	265	to read as follows:
266	266	Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The
267	267	department shall issue to an emergency medical services provider
268	268	applicant a license that is valid for two years if the department is
269	269	satisfied that:
270	270	(1) the applicant has adequate staff to meet the
271	271	staffing standards prescribed by this chapter and the rules adopted
272	272	under this chapter;
273	273	(2) each emergency medical services vehicle is
274	274	adequately constructed, equipped, maintained, and operated to
275	275	render basic or advanced life support services safely and
276	276	efficiently;
277	277	(3) the applicant offers safe and efficient services
278	278	for emergency prehospital care and transportation of patients;
279	279	(4) the applicant:
280	280	(A) possesses sufficient professional experience
281	281	and qualifications to provide emergency medical services; and
282	282	(B) has not been excluded from participation in
283	283	the state Medicaid program;
284	284	(5) the applicant holds a letter of approval issued
285	285	under Section 773.0573 by the governing body of the municipality or
286	286	the commissioners court of the county in which the applicant is
287	287	located and is applying to provide emergency medical services, as
288	288	applicable; [and]
289	289	(6) the applicant employs a medical director; [and]
290	290	(7) the applicant operates out of a physical location
291	291	in compliance with Section 773.05715;
292	292	(8) the applicant owns or has a long-term lease
293	293	agreement for all equipment necessary for safe operation of an
294	294	emergency medical services provider, as provided by Section
295	295	773.05716; and
296	296	(9) [(6)] the applicant complies with the rules
297	297	adopted under this chapter.
298	298	SECTION 3.003. Section 773.05713, Health and Safety Code,
299	299	is amended to read as follows:
300	300	Sec. 773.05713. REPORT TO LEGISLATURE. Not later than
301	301	December 1 of each even-numbered year, the department shall
302	302	electronically submit a report to the lieutenant governor, the
303	303	speaker of the house of representatives, and the standing
304	304	committees of the house and senate with jurisdiction over the
305	305	department on the effect of Sections 773.05711 and 773.05712 that
306	306	includes:
307	307	(1) the total number of applications for emergency
308	308	medical services provider licenses submitted to the department and
309	309	the number of applications for which licenses were issued or
310	310	licenses were denied by the department;
311	311	(2) the number of emergency medical services provider
312	312	licenses that were suspended or revoked by the department for
313	313	violations of those sections and a description of the types of
314	314	violations that led to the license suspension or revocation;
315	315	(3) the number of occurrences and types of fraud
316	316	committed by licensed emergency medical services providers related
317	317	to those sections;
318	318	(4) the number of complaints made against licensed
319	319	emergency medical services providers for violations of those
320	320	sections and a description of the types of complaints, reported in
321	321	the manner required by Section 773.0605(d); and
322	322	(5) the status of any coordination efforts of the
323	323	department and the Texas Medical Board related to those sections.
324	324	SECTION 3.004. Subchapter C, Chapter 773, Health and Safety
325	325	Code, is amended by adding Sections 773.05715 and 773.05716 to read
326	326	as follows:
327	327	Sec. 773.05715. PHYSICAL LOCATION REQUIRED. (a) An
328	328	emergency medical services provider must have a permanent physical
329	329	location as the provider's primary place of business. An applicant
330	330	for an emergency medical services provider license must demonstrate
331	331	proof of the location of the primary place of business in the manner
332	332	required by the department.
333	333	(b) The physical location may be owned or leased by the
334	334	emergency medical services provider.
335	335	(c) The emergency medical services provider must remain in
336	336	the same physical location for the period of licensure, unless the
337	337	department approves a change in location.
338	338	(d) The emergency medical services provider must maintain
339	339	all patient care records in the physical location that is the
340	340	provider's primary place of business, unless the department
341	341	approves an alternate location.
342	342	(e) Only one emergency medical services provider may
343	343	operate out of a single physical location.
344	344	Sec. 773.05716. NECESSARY EQUIPMENT. (a) An emergency
345	345	medical services provider must own or hold a long-term lease for all
346	346	equipment necessary for the safe operation of an emergency medical
347	347	services provider, including emergency medical services vehicles,
348	348	heart rate monitors, defibrillators, stretchers, and any other
349	349	equipment the department determines is required.
350	350	(b) An applicant for an emergency medical services provider
351	351	license must demonstrate proof of compliance with this section in
352	352	the manner required by the department.
353	353	SECTION 3.005. Subchapter C, Chapter 773, Health and Safety
354	354	Code, is amended by adding Section 773.0605 to read as follows:
355	355	Sec. 773.0605. COMPLAINTS AND INVESTIGATIONS. (a) The
356	356	department shall track and keep records of:
357	357	(1) each complaint received by the department
358	358	regarding emergency medical services providers and emergency
359	359	medical services personnel;
360	360	(2) each investigation initiated by the department
361	361	under this chapter; and
362	362	(3) each disciplinary action initiated by the
363	363	department under this chapter.
364	364	(b) The department shall develop a formal process to refer
365	365	complaints outside the department's jurisdiction to the
366	366	appropriate agency for disposition.
367	367	(c) The department shall track the types of complaints
368	368	received outside the department's jurisdiction. The department
369	369	shall separately track complaints outside the department's
370	370	jurisdiction relating to potential billing fraud and make
371	371	information relating to those complaints available to the
372	372	appropriate state agency.
373	373	(d) The department shall annually report statistical
374	374	information regarding each complaint received, and each
375	375	investigation or disciplinary action initiated, under this
376	376	chapter. The report must include:
377	377	(1) the reason and basis for each complaint;
378	378	(2) the origin of each investigation, including
379	379	whether the investigation:
380	380	(A) resulted from a complaint brought by a
381	381	consumer;
382	382	(B) resulted from a complaint brought by another
383	383	source; or
384	384	(C) was initiated by the department in the
385	385	absence of a complaint;
386	386	(3) the average time to resolve each complaint from
387	387	the date the complaint is received;
388	388	(4) the disposition of each investigation, including:
389	389	(A) the number of investigations commenced in
390	390	which no disciplinary action was taken, and the reasons no
391	391	disciplinary action was taken;
392	392	(B) the number of investigations resulting in
393	393	disciplinary action, and the disciplinary actions taken; and
394	394	(C) the number of complaints referred to another
395	395	agency for disposition; and
396	396	(5) the number, type, and age of each open
397	397	investigation at the end of each fiscal year.
398	398	(e) The department shall make the report required by
399	399	Subsection (d) available to the public through publication on the
400	400	department's website and on request.
401	401	SECTION 3.006. Section 773.0611, Health and Safety Code, is
402	402	amended by adding Subsection (d) to read as follows:
403	403	(d) The department may use an inspection performed by an
404	404	entity to which the department has delegated inspection authority
405	405	as a basis for a disciplinary action under Section 773.061.
406	406	SECTION 3.007. (a) The changes in law made by Sections
407	407	773.05715 and 773.05716, Health and Safety Code, as added by this
408	408	article, apply only to a person that applies for a license or renews
409	409	a license as an emergency medical services provider on or after the
410	410	effective date of this Act.
411	411	(b) The Department of State Health Services shall develop
412	412	the formal process required by Section 773.0605(b), Health and
413	413	Safety Code, as added by this article, as soon as practicable after
414	414	the effective date of this Act.
415	415	(c) The Department of State Health Services may use an
416	416	inspection performed by an entity to which the department has
417	417	delegated inspection authority as a basis for a disciplinary
418	418	action, as provided by Section 773.0611(d), Health and Safety Code,
419	419	as added by this article, regardless of whether the inspection was
420	420	performed before, on, or after the effective date of this Act.
421	421	ARTICLE 4. PUBLIC HEALTH SYSTEM
422	422	SECTION 4.001. Section 117.101(a), Health and Safety Code,
423	423	is amended to read as follows:
424	424	(a) The committee shall:
425	425	(1) define the core public health services a local
426	426	health entity should provide in a county or municipality;
427	427	(2) evaluate public health in this state and identify
428	428	initiatives for areas that need improvement;
429	429	(3) identify all funding sources available for use by
430	430	local health entities to perform core public health functions;
431	431	(4) establish public health policy priorities for this
432	432	state; and
433	433	(5) not later than November 30 of each even-numbered
434	434	year [at least annually], make formal recommendations to the
435	435	department regarding:
436	436	(A) the use and allocation of funds available
437	437	exclusively to local health entities to perform core public health
438	438	functions;
439	439	(B) ways to improve the overall public health of
440	440	citizens in this state;
441	441	(C) methods for transitioning from a contractual
442	442	relationship between the department and the local health entities
443	443	to a cooperative-agreement relationship between the department and
444	444	the local health entities; and
445	445	(D) methods for fostering a continuous
446	446	collaborative relationship between the department and the local
447	447	health entities.
448	448	SECTION 4.002. Section 117.103, Health and Safety Code, is
449	449	amended to read as follows:
450	450	Sec. 117.103. BIENNIAL [ANNUAL] REPORT. Not [Beginning in
451	451	2012, not] later than November 30 of each even-numbered year, the
452	452	committee shall file a report on the implementation of this chapter
453	453	with the governor, the lieutenant governor, and the speaker of the
454	454	house of representatives.
455	455	SECTION 4.003. The heading to Section 117.151, Health and
456	456	Safety Code, is amended to read as follows:
457	457	Sec. 117.151. BIENNIAL [ANNUAL] REPORT.
458	458	SECTION 4.004. Section 117.151(a), Health and Safety Code,
459	459	is amended to read as follows:
460	460	(a) Not [Beginning in 2012, not] later than November 30 of
461	461	each even-numbered year, the department shall file a [an annual]
462	462	report with the governor, the lieutenant governor, and the speaker
463	463	of the house of representatives detailing:
464	464	(1) the implementation of the committee's
465	465	recommendations for the previous biennium described in Section
466	466	117.101(a)(5); and
467	467	(2) an explanation of the department's reasons for not
468	468	implementing a recommendation.
469	469	SECTION 4.005. Subchapter D, Chapter 1001, Health and
470	470	Safety Code, is amended by adding Sections 1001.0785 and 1001.0786
471	471	to read as follows:
472	472	Sec. 1001.0785. INVENTORY OF PUBLIC HEALTH DUTIES. (a) The
473	473	department shall develop and periodically update a comprehensive
474	474	inventory of the roles, responsibilities, and capacity, relating to
475	475	public health services, of:
476	476	(1) the department's central office;
477	477	(2) each public health region designated under Section
478	478	121.007; and
479	479	(3) each local health department, district, and
480	480	authority in this state.
481	481	(b) The inventory under Subsection (a) must include:
482	482	(1) the specific services and programs each entity
483	483	currently provides; and
484	484	(2) the level of services provided.
485	485	(c) Using the inventory compiled under Subsection (a), the
486	486	department shall create and update a clear matrix of duties
487	487	specific to each region, indicating which duties are performed by
488	488	each entity listed in Subsection (a). The department shall clearly
489	489	delineate the division of duties between the department's central
490	490	office and the public health regions.
491	491	(d) To assist the department in updating the matrix under
492	492	Subsection (c), each entity described by Subsections (a)(2) and (3)
493	493	shall provide the department with information regarding any
494	494	significant change in public health services provided by that
495	495	entity.
496	496	(e) In creating the inventory and matrix of
497	497	responsibilities under this section, the department shall solicit
498	498	input from the Public Health Funding and Policy Committee
499	499	established under Section 117.051 and local health departments.
500	500	(f) The department shall biennially present the inventory
501	501	and matrix created or updated under this section at a meeting of the
502	502	Public Health Funding and Policy Committee and at a meeting of the
503	503	State Health Services Council.
504	504	(g) The department shall update the inventory and matrix
505	505	under this section not later than September 1 of each even-numbered
506	506	year.
507	507	Sec. 1001.0786. PUBLIC HEALTH ACTION PLAN. (a) The
508	508	department, in consultation with the Public Health Funding and
509	509	Policy Committee established under Section 117.051, shall:
510	510	(1) establish clear goals and statewide priorities for
511	511	developing and improving the public health services delivery system
512	512	in this state;
513	513	(2) develop an overarching vision for the department's
514	514	central office, each public health region designated under Section
515	515	121.007, and local health departments, districts, and authorities;
516	516	(3) develop goals and strategies for each region in
517	517	this state, with milestones, dates, performance measures, and
518	518	identification of the resources needed; and
519	519	(4) create a public health action plan with regional
520	520	strategies and milestones to achieve the goals described by
521	521	Subdivisions (1)-(3).
522	522	(b) The department shall complete an updated public health
523	523	action plan not later than November 30 of each even-numbered year
524	524	and present the plan, including progress on the goals established
525	525	in previous plans, to the Public Health Funding and Policy
526	526	Committee, the State Health Services Council, and the appropriate
527	527	standing committees of the legislature.
528	528	SECTION 4.006. The Department of State Health Services
529	529	shall submit the initial inventory required by Section 1001.0785,
530	530	Health and Safety Code, as added by this article, not later than
531	531	March 1, 2016.
532	532	ARTICLE 5. VITAL STATISTICS
533	533	SECTION 5.001. Subchapter A, Chapter 191, Health and Safety
534	534	Code, is amended by adding Section 191.0031 to read as follows:
535	535	Sec. 191.0031. CERTIFIED COPIES BY MAIL. The state
536	536	registrar or a local registrar may not issue a certified copy of a
537	537	record under this chapter to a person who has applied for the record
538	538	by mail unless the person has provided notarized proof of identity
539	539	in accordance with rules adopted by the executive commissioner of
540	540	the Health and Human Services Commission. The rules may require the
541	541	issuer of the certified copy to verify the notarization using the
542	542	records of the secretary of state under Section 406.012, Government
543	543	Code.
544	544	SECTION 5.002. Section 191.022, Health and Safety Code, is
545	545	amended by adding Subsection (g) to read as follows:
546	546	(g) Each local registrar shall annually submit a
547	547	self-assessment report to the state registrar. The department
548	548	shall prescribe the information that must be included in the report
549	549	to allow a thorough desk audit of a local registrar.
550	550	SECTION 5.003. Chapter 191, Health and Safety Code, is
551	551	amended by adding Subchapter D to read as follows:
552	552	SUBCHAPTER D. ACCESS TO RECORDS
553	553	Sec. 191.071. CRIMINAL BACKGROUND CHECK REQUIRED. (a) A
554	554	person may not access vital records maintained by the department
555	555	under this chapter and may not access the department's vital
556	556	records electronic registration system unless the department, or
557	557	another person acting on behalf of the department, has conducted a
558	558	fingerprint-based criminal background check, using state and
559	559	federal databases, on the person in accordance with department
560	560	policy and the person's record is satisfactory as determined under
561	561	department policy.
562	562	(b) The department may adopt a policy waiving the
563	563	requirement of a fingerprint-based background check for a person
564	564	who previously submitted to a fingerprint-based background check as
565	565	a condition of licensure by a state agency.
566	566	SECTION 5.004. Section 411.110(a), Government Code, as
567	567	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
568	568	2015, is amended to read as follows:
569	569	(a) The Department of State Health Services is entitled to
570	570	obtain from the department criminal history record information
571	571	maintained by the department that relates to:
572	572	(1) a person who is:
573	573	(A) an applicant for a license or certificate
574	574	under the Emergency Health Care Act (Chapter 773, Health and Safety
575	575	Code);
576	576	(B) an owner or manager of an applicant for an
577	577	emergency medical services provider license under that Act; or
578	578	(C) the holder of a license or certificate under
579	579	that Act;
580	580	(2) an applicant for a license or a license holder
581	581	under Subchapter N, Chapter 431, Health and Safety Code;
582	582	(3) an applicant for a license, the owner or manager of
583	583	an applicant for a massage establishment license, or a license
584	584	holder under Chapter 455, Occupations Code;
585	585	(4) an applicant for employment at or current employee
586	586	of:
587	587	(A) a public health hospital as defined by
588	588	Section 13.033, Health and Safety Code; or
589	589	(B) the South Texas Health Care System; [or]
590	590	(5) an applicant for employment at, current employee
591	591	of, or person who contracts or may contract to provide goods or
592	592	services with[:
593	593	[(A) the vital statistics unit of the Department
594	594	of State Health Services; or
595	595	[(B)] the Council on Sex Offender Treatment or
596	596	other division or component of the Department of State Health
597	597	Services that monitors sexually violent predators as described by
598	598	Section 841.003(a), Health and Safety Code; or
599	599	(6) a person authorized to access vital records or the
600	600	vital records electronic registration system under Chapter 191,
601	601	Health and Safety Code, including an employee of or contractor for
602	602	the Department of State Health Services, a local registrar, a
603	603	medical professional, or a funeral director.
604	604	SECTION 5.005. In prescribing the initial requirements for
605	605	local registrar self-assessment reports under Section 191.022(g),
606	606	Health and Safety Code, as added by this article, the Department of
607	607	State Health Services shall solicit comment from local registrars
608	608	in this state.
609	609	SECTION 5.006. The Department of State Health Services
610	610	shall prescribe policies necessary to implement Subchapter D,
611	611	Chapter 191, Health and Safety Code, as added by this article, to
612	612	take effect March 1, 2016.
613	613	ARTICLE 6. TEXAS HEALTH CARE INFORMATION COLLECTION PROGRAM
614	614	SECTION 6.001. Section 108.009, Health and Safety Code, as
615	615	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
616	616	2015, is amended by amending Subsection (a) and adding Subsection
617	617	(d-1) to read as follows:
618	618	(a) The department may collect, and, except as provided by
619	619	Subsections [Subsection] (d) and (d-1), providers shall submit to
620	620	the department or another entity as determined by the department,
621	621	all data required by this section. The data shall be collected
622	622	according to uniform submission formats, coding systems, and other
623	623	technical specifications necessary to make the incoming data
624	624	substantially valid, consistent, compatible, and manageable using
625	625	electronic data processing, if available.
626	626	(d-1) A facility that has been granted a waiver by the
627	627	department under this subsection is not required to submit data as
628	628	required by this section. The executive commissioner shall adopt
629	629	rules to establish a process by which the department may grant a
630	630	waiver to exempt a facility from the requirements of this section if
631	631	the facility conducts not more than 600 procedures a year and does
632	632	not have information systems capable of automated reporting of
633	633	claims under this section. A waiver may be valid for not more than a
634	634	year and may be reissued upon a showing of evidence that the
635	635	facility continues to qualify for the waiver under this subsection.
636	636	SECTION 6.002. Chapter 108, Health and Safety Code, is
637	637	amended by adding Section 108.0145 to read as follows:
638	638	Sec. 108.0145. PROVIDER NOT LIABLE FOR RELEASE OF
639	639	INFORMATION. A provider that submits data under Section 108.009 is
640	640	not civilly or criminally liable for the use of the data under this
641	641	chapter or for a subsequent release of the data by the department or
642	642	another person.
643	643	SECTION 6.003. Section 108.016, Health and Safety Code, is
644	644	repealed.
645	645	ARTICLE 7. ABOLITION OF CERTAIN ADVISORY COMMITTEES, PANELS, AND
646	646	BOARDS
647	647	SECTION 7.001. (a) The Worksite Wellness Advisory Board is
648	648	abolished.
649	649	(b) Section 664.052, Government Code, is amended to read as
650	650	follows:
651	651	Sec. 664.052. RULES. The executive commissioner shall
652	652	adopt rules for the administration of this subchapter[, including
653	653	rules prescribing the frequency and location of board meetings].
654	654	(c) Section 664.058, Government Code, is amended to read as
655	655	follows:
656	656	Sec. 664.058. DONATIONS. The department [board] may
657	657	receive in-kind and monetary gifts, grants, and donations from
658	658	public and private donors to be used for the purposes of this
659	659	subchapter.
660	660	(d) Section 664.061(a), Government Code, is amended to read
661	661	as follows:
662	662	(a) A state agency may:
663	663	(1) allow each employee 30 minutes during normal
664	664	working hours for exercise three times each week;
665	665	(2) allow all employees to attend on-site wellness
666	666	seminars when offered;
667	667	(3) provide eight hours of additional leave time each
668	668	year to an employee who:
669	669	(A) receives a physical examination; and
670	670	(B) completes either an online health risk
671	671	assessment tool provided by the department [board] or a similar
672	672	health risk assessment conducted in person by a worksite wellness
673	673	coordinator;
674	674	(4) provide financial incentives, notwithstanding
675	675	Section 2113.201, for participation in a wellness program developed
676	676	under Section 664.053(e) after the agency establishes a written
677	677	policy with objective criteria for providing the incentives;
678	678	(5) offer on-site clinic or pharmacy services in
679	679	accordance with Subtitles B and J, Title 3, Occupations Code,
680	680	including the requirements regarding delegation of certain medical
681	681	acts under Chapter 157, Occupations Code; and
682	682	(6) adopt additional wellness policies, as determined
683	683	by the agency.
684	684	(e) Sections 664.051(1), 664.054, 664.055, 664.056,
685	685	664.057, 664.059, and 664.060(c) and (f), Government Code, are
686	686	repealed.
687	687	SECTION 7.002. (a) The Sickle Cell Advisory Committee is
688	688	abolished.
689	689	(b) Section 33.052, Health and Safety Code, is amended to
690	690	read as follows:
691	691	Sec. 33.052. DUTIES OF DEPARTMENT. The department shall[:
692	692	[(1)] identify efforts related to the expansion and
693	693	coordination of education, treatment, and continuity of care
694	694	programs for individuals with sickle cell trait and sickle cell
695	695	disease[;
696	696	[(2) assist the advisory committee created under
697	697	Section 33.053; and
698	698	[(3) provide the advisory committee created under
699	699	Section 33.053 with staff support necessary for the advisory
700	700	committee to fulfill its duties].
701	701	(c) Section 33.053, Health and Safety Code, is repealed.
702	702	SECTION 7.003. (a) The Arthritis Advisory Committee is
703	703	abolished.
704	704	(b) Section 97.007, Health and Safety Code, is repealed.
705	705	SECTION 7.004. (a) The Advisory Panel on Health
706	706	Care-Associated Infections and Preventable Adverse Events is
707	707	abolished.
708	708	(b) Section 536.002(b), Government Code, is amended to read
709	709	as follows:
710	710	(b) The executive commissioner shall appoint the members of
711	711	the advisory committee. The committee must consist of physicians
712	712	and other health care providers, representatives of health care
713	713	facilities, representatives of managed care organizations, and
714	714	other stakeholders interested in health care services provided in
715	715	this state, including:
716	716	(1) at least one member who is a physician with
717	717	clinical practice experience in obstetrics and gynecology;
718	718	(2) at least one member who is a physician with
719	719	clinical practice experience in pediatrics;
720	720	(3) at least one member who is a physician with
721	721	clinical practice experience in internal medicine or family
722	722	medicine;
723	723	(4) at least one member who is a physician with
724	724	clinical practice experience in geriatric medicine;
725	725	(5) at least three members who are or who represent a
726	726	health care provider that primarily provides long-term services and
727	727	supports; and
728	728	(6) at least one member who is a consumer
729	729	representative[; and
730	730	[(7) at least one member who is a member of the
731	731	Advisory Panel on Health Care-Associated Infections and
732	732	Preventable Adverse Events who meets the qualifications prescribed
733	733	by Section 98.052(a)(4), Health and Safety Code].
734	734	(c) The heading to Subchapter C, Chapter 98, Health and
735	735	Safety Code, is amended to read as follows:
736	736	SUBCHAPTER C. DUTIES OF DEPARTMENT [AND ADVISORY PANEL]; REPORTING
737	737	SYSTEM
738	738	(d) Section 98.1045(b), Health and Safety Code, is amended
739	739	to read as follows:
740	740	(b) The executive commissioner may exclude an adverse event
741	741	described by Subsection (a)(2) from the reporting requirement of
742	742	Subsection (a) if the executive commissioner [, in consultation
743	743	with the advisory panel,] determines that the adverse event is not
744	744	an appropriate indicator of a preventable adverse event.
745	745	(e) Section 98.105, Health and Safety Code, is amended to
746	746	read as follows:
747	747	Sec. 98.105. REPORTING SYSTEM MODIFICATIONS. The [Based on
748	748	the recommendations of the advisory panel, the] executive
749	749	commissioner by rule may modify in accordance with this chapter the
750	750	list of procedures that are reportable under Section 98.103. The
751	751	modifications must be based on changes in reporting guidelines and
752	752	in definitions established by the federal Centers for Disease
753	753	Control and Prevention.
754	754	(f) Section 98.106(c), Health and Safety Code, is amended to
755	755	read as follows:
756	756	(c) The [In consultation with the advisory panel, the]
757	757	department shall publish the departmental summary in a format that
758	758	is easy to read.
759	759	(g) Section 98.108(a), Health and Safety Code, is amended to
760	760	read as follows:
761	761	(a) The [In consultation with the advisory panel, the]
762	762	executive commissioner by rule shall establish the frequency of
763	763	reporting by health care facilities required under Sections 98.103
764	764	and 98.1045.
765	765	(h) The following provisions are repealed:
766	766	(1) Sections 98.001(1) and 98.002, Health and Safety
767	767	Code; and
768	768	(2) Subchapter B, Chapter 98, Health and Safety Code.
769	769	SECTION 7.005. (a) The Youth Camp Training Advisory
770	770	Committee is abolished.
771	771	(b) Section 141.0095(d), Health and Safety Code, as amended
772	772	by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
773	773	amended to read as follows:
774	774	(d) In accordance with this section [and the criteria and
775	775	guidelines developed by the training advisory committee
776	776	established under Section 141.0096], the executive commissioner by
777	777	rule shall establish criteria and guidelines for training and
778	778	examination programs on sexual abuse and child molestation. The
779	779	department may approve training and examination programs offered by
780	780	trainers under contract with youth camps or by online training
781	781	organizations or may approve programs offered in another format
782	782	authorized by the department.
783	783	(c) Section 141.0096, Health and Safety Code, as amended by
784	784	S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
785	785	repealed.
786	786	SECTION 7.006. (a) The Texas Medical Child Abuse Resources
787	787	and Education System (MEDCARES) Advisory Committee is abolished.
788	788	(b) Section 1001.155, Health and Safety Code, as added by
789	789	Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular
790	790	Session, 2009, is reenacted and amended to read as follows:
791	791	Sec. 1001.155. REQUIRED REPORT. Not later than December 1
792	792	of each even-numbered year, the department [, with the assistance
793	793	of the advisory committee established under this subchapter,] shall
794	794	submit a report to the governor and the legislature regarding the
795	795	grant activities of the program and grant recipients, including the
796	796	results and outcomes of grants provided under this subchapter.
797	797	(c) Section 1001.153, Health and Safety Code, as added by
798	798	Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular
799	799	Session, 2009, is repealed.
800	800	SECTION 7.007. If an entity that is abolished by this
801	801	article has property, records, or other assets, the Health and
802	802	Human Services Commission shall take custody of the entity's
803	803	property, records, or other assets.
804	804	ARTICLE 8. REGULATORY PROGRAMS TRANSFERRED TO THE TEXAS DEPARTMENT
805	805	OF LICENSING AND REGULATION
806	806	PART 1. TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2017
807	807	SECTION 8.001. Section 203.002, Occupations Code, is
808	808	amended by adding Subdivision (1) and amending Subdivisions (3),
809	809	(4), (4-a), (6), and (9) to read as follows:
810	810	(1) "Advisory board" means the Midwives Advisory
811	811	Board.
812	812	(3) "Commission" ["Commissioner"] means the Texas
813	813	Commission of Licensing and Regulation [commissioner of state
814	814	health services].
815	815	(4) "Department" means the Texas Department of
816	816	Licensing and Regulation [State Health Services].
817	817	(4-a) "Executive director" [commissioner"] means the
818	818	executive director of the department [commissioner of the Health
819	819	and Human Services Commission].
820	820	(6) "Midwife" means a person who practices midwifery
821	821	and has met the licensing requirements established by this chapter
822	822	and commission [midwifery board] rules.
823	823	(9) "Normal" means, as applied to pregnancy, labor,
824	824	delivery, the postpartum period, and the newborn period, and as
825	825	defined by commission [midwifery board] rule, circumstances under
826	826	which a midwife has determined that a client is at a low risk of
827	827	developing complications.
828	828	SECTION 8.002. Section 203.005, Occupations Code, is
829	829	amended to read as follows:
830	830	Sec. 203.005. EFFECT ON LOCAL ORDINANCES. This chapter
831	831	does not prohibit a municipality from adopting a local ordinance or
832	832	rule to regulate the practice of midwifery in the municipality if
833	833	the ordinance or rule is compatible with and at least as strict as
834	834	this chapter and commission [midwifery board] rules.
835	835	SECTION 8.003. The heading to Subchapter B, Chapter 203,
836	836	Occupations Code, is amended to read as follows:
837	837	SUBCHAPTER B. MIDWIVES ADVISORY [MIDWIFERY] BOARD
838	838	SECTION 8.004. Section 203.052, Occupations Code, is
839	839	amended to read as follows:
840	840	Sec. 203.052. ADVISORY [APPOINTMENT OF MIDWIFERY] BOARD
841	841	MEMBERSHIP. (a) The advisory [midwifery] board consists of nine
842	842	members appointed by the presiding officer of the commission with
843	843	the approval of the commission as follows:
844	844	(1) five licensed midwife members each of whom has at
845	845	least three years' experience in the practice of midwifery;
846	846	(2) one physician member who is certified by a
847	847	national professional organization of physicians that certifies
848	848	obstetricians and gynecologists;
849	849	(3) one physician member who is certified by a
850	850	national professional organization of physicians that certifies
851	851	family practitioners or pediatricians; and
852	852	(4) two members who represent the public and who are
853	853	not practicing or trained in a health care profession, one of whom
854	854	is a parent with at least one child born with the assistance of a
855	855	midwife.
856	856	(b) Appointments to the advisory [midwifery] board shall be
857	857	made without regard to the race, color, disability, sex, religion,
858	858	age, or national origin of the appointee.
859	859	SECTION 8.005. Subchapter B, Chapter 203, Occupations Code,
860	860	is amended by adding Section 203.0521 to read as follows:
861	861	Sec. 203.0521. DUTIES OF ADVISORY BOARD. The advisory
862	862	board shall provide advice and recommendations to the department on
863	863	technical matters relevant to the administration of this chapter.
864	864	SECTION 8.006. Section 203.055, Occupations Code, is
865	865	amended to read as follows:
866	866	Sec. 203.055. TERMS; VACANCIES. (a) Members of the
867	867	advisory [midwifery] board serve for staggered terms of six years.
868	868	The terms of three members expire on January 31 of each odd-numbered
869	869	year.
870	870	(b) If a vacancy occurs during a member's term, the
871	871	presiding officer of the commission, with the commission's
872	872	approval, shall appoint a replacement who meets the qualifications
873	873	for the vacant position to serve for the remainder of the term.
874	874	SECTION 8.007. Section 203.056, Occupations Code, is
875	875	amended to read as follows:
876	876	Sec. 203.056. PRESIDING OFFICER [OFFICERS]. The presiding
877	877	officer of the commission [commissioner] shall designate a public
878	878	member of the advisory [midwifery] board to serve as the presiding
879	879	officer of the advisory [midwifery] board to serve for a term of one
880	880	year [in that capacity at the pleasure of the commissioner]. The
881	881	presiding officer of the advisory board may vote on any matter
882	882	before the advisory board [midwifery board shall elect one of the
883	883	other members of the midwifery board as vice presiding officer].
884	884	SECTION 8.008. Section 203.059, Occupations Code, is
885	885	amended to read as follows:
886	886	Sec. 203.059. MEETINGS. [(a)] The advisory [midwifery]
887	887	board shall meet at [least semiannually.
888	888	[(b) The midwifery board shall meet at other times at] the
889	889	call of the presiding officer of the commission or the executive
890	890	director [midwifery board or the commissioner].
891	891	SECTION 8.009. The heading to Subchapter D, Chapter 203,
892	892	Occupations Code, is amended to read as follows:
893	893	SUBCHAPTER D. POWERS AND DUTIES [OF MIDWIFERY BOARD, EXECUTIVE
894	894	COMMISSIONER, AND DEPARTMENT]
895	895	SECTION 8.010. The heading to Section 203.151, Occupations
896	896	Code, is amended to read as follows:
897	897	Sec. 203.151. GENERAL POWERS AND DUTIES [RULEMAKING
898	898	AUTHORITY OF MIDWIFERY BOARD].
899	899	SECTION 8.011. Section 203.151, Occupations Code, is
900	900	amended by amending Subsection (a) and adding Subsections (a-1) and
901	901	(a-2) to read as follows:
902	902	(a) The executive director shall administer and enforce
903	903	this chapter.
904	904	(a-1) The commission [Subject to the approval of the
905	905	executive commissioner, the midwifery board] shall:
906	906	(1) [adopt substantive and procedural rules necessary
907	907	for the licensing of midwives;
908	908	[(2)] adopt rules prescribing the standards for the
909	909	practice of midwifery in this state, including standards for:
910	910	(A) the delineation of findings that preclude a
911	911	woman or newborn from being classified as having a normal
912	912	pregnancy, labor, delivery, postpartum period, or newborn period;
913	913	and
914	914	(B) administration of oxygen by a midwife to a
915	915	mother or newborn;
916	916	(2) [(3)] adopt rules prescribing:
917	917	(A) the type of courses and number of hours
918	918	required to meet the basic midwifery education course and
919	919	continuing midwifery education course requirements; and
920	920	(B) minimum standards for the approval and
921	921	revocation of approval of:
922	922	(i) basic midwifery education courses and
923	923	continuing midwifery education courses; and
924	924	(ii) instructors or facilities used in
925	925	basic midwifery education courses and continuing midwifery
926	926	education courses; and
927	927	(3) [(4) adopt rules prescribing a procedure for
928	928	reporting and processing complaints relating to the practice of
929	929	midwifery in this state;
930	930	[(5) adopt and implement substantive and procedural
931	931	rules as necessary to discipline midwives determined to be in
932	932	violation of this chapter or otherwise a threat to the public health
933	933	and safety;
934	934	[(6)] adopt rules as necessary to establish
935	935	eligibility for reciprocity for initial licensing under this
936	936	chapter[; and
937	937	[(7) adopt other rules necessary to implement a duty
938	938	imposed on the executive commissioner or the department under this
939	939	chapter].
940	940	(a-2) The department shall:
941	941	(1) implement rules governing:
942	942	(A) basic midwifery education courses and
943	943	continuing midwifery education courses; and
944	944	(B) approval of instructors or facilities used in
945	945	offering basic midwifery education courses and continuing
946	946	midwifery education courses;
947	947	(2) prepare and distribute basic midwifery
948	948	information and instructor manuals;
949	949	(3) enter into agreements necessary to carry out this
950	950	chapter; and
951	951	(4) establish a program for licensure as a midwife as
952	952	prescribed by commission rules.
953	953	SECTION 8.012. Section 203.152(b), Occupations Code, is
954	954	amended to read as follows:
955	955	(b) The commission [midwifery board] may not set a fee for
956	956	an amount less than the amount of that fee on September 1, 1993.
957	957	SECTION 8.013. Sections 203.153(a) and (c), Occupations
958	958	Code, are amended to read as follows:
959	959	(a) The [Subject to the approval of the] department [, the
960	960	midwifery board] shall issue basic information manuals for the
961	961	practice of midwifery [. The midwifery board shall approve the
962	962	basic information manuals] and instructor manuals that may be used
963	963	in basic midwifery education courses.
964	964	(c) A basic information manual must include information
965	965	about:
966	966	(1) the knowledge necessary to practice as a midwife;
967	967	(2) the basic education and continuing education
968	968	requirements for a midwife;
969	969	(3) the legal requirements and procedures relating to
970	970	midwifery;
971	971	(4) the standards of practice as a midwife; and
972	972	(5) other information or procedures required by the
973	973	commission [midwifery board] or the department.
974	974	SECTION 8.014. Section 203.154, Occupations Code, is
975	975	amended to read as follows:
976	976	Sec. 203.154. REPORTS ON MIDWIFERY. (a) [(c)] The
977	977	department [midwifery board] shall prepare and publish reports on
978	978	the practice of midwifery in this state.
979	979	(b) The Department of State Health Services shall publish a
980	980	[, including] statistical report [reporting] of infant fetal
981	981	morbidity and mortality.
982	982	SECTION 8.015. The heading to Section 203.155, Occupations
983	983	Code, is amended to read as follows:
984	984	Sec. 203.155. COMPLAINTS [COMPLAINT PROCEDURE AND
985	985	INVESTIGATION].
986	986	SECTION 8.016. Sections 203.155(b) and (d), Occupations
987	987	Code, are amended to read as follows:
988	988	(b) For purposes of Section 51.252, the commission must
989	989	adopt [The] rules to [adopted under Subsection (a) must:
990	990	[(1) distinguish among categories of complaints;
991	991	[(2) ensure that a person who files a complaint has an
992	992	opportunity to explain the allegations made in the complaint; and
993	993	[(3)] provide for the release of any relevant
994	994	midwifery or medical record to the department [midwifery board],
995	995	without the necessity of consent by the midwife's client, as
996	996	necessary to conduct an investigation of a complaint.
997	997	(d) The department [midwifery board] shall provide
998	998	reasonable assistance to a person who wishes to file a complaint
999	999	with the department regarding a person or activity regulated by
1000	1000	this chapter [midwifery board].
1001	1001	SECTION 8.017. Section 203.252(a), Occupations Code, is
1002	1002	amended to read as follows:
1003	1003	(a) A person qualifies to become a licensed midwife under
1004	1004	this chapter if the person provides the department [program
1005	1005	coordinator] with documentary evidence that the person has:
1006	1006	(1) satisfied each requirement for basic midwifery
1007	1007	education; and
1008	1008	(2) passed the comprehensive midwifery examination
1009	1009	and jurisprudence examination required by this chapter.
1010	1010	SECTION 8.018. Section 203.253, Occupations Code, is
1011	1011	amended to read as follows:
1012	1012	Sec. 203.253. LICENSE APPLICATION. A person who practices
1013	1013	midwifery must apply to the department to be licensed as a midwife
1014	1014	in the manner and on a form prescribed by the executive
1015	1015	director. The application must:
1016	1016	(1) be accompanied by a nonrefundable application fee;
1017	1017	and
1018	1018	(2) include information required by commission
1019	1019	[midwifery board] rules.
1020	1020	SECTION 8.019. Section 203.254, Occupations Code, is
1021	1021	amended to read as follows:
1022	1022	Sec. 203.254. BASIC MIDWIFERY EDUCATION. The commission
1023	1023	[Subject to the approval of the executive commissioner, the
1024	1024	midwifery board] shall establish requirements for basic midwifery
1025	1025	education.
1026	1026	SECTION 8.020. Section 203.255(a), Occupations Code, is
1027	1027	amended to read as follows:
1028	1028	(a) The department [midwifery board, with the approval of
1029	1029	the executive commissioner,] shall:
1030	1030	(1) adopt a comprehensive midwifery examination for
1031	1031	persons regulated under this chapter that must be passed before the
1032	1032	initial license may be issued; and
1033	1033	(2) establish eligibility requirements for persons
1034	1034	taking a comprehensive midwifery examination.
1035	1035	SECTION 8.021. Section 203.2555, Occupations Code, is
1036	1036	amended to read as follows:
1037	1037	Sec. 203.2555. JURISPRUDENCE EXAMINATION. (a) The
1038	1038	department [midwifery board] shall develop and administer at least
1039	1039	twice each calendar year a jurisprudence examination to determine
1040	1040	an applicant's knowledge of this chapter, commission [midwifery
1041	1041	board] rules under this chapter, and any other applicable laws of
1042	1042	this state affecting the applicant's midwifery practice.
1043	1043	(b) The commission [Subject to the approval of the executive
1044	1044	commissioner, the midwifery board] shall adopt rules to implement
1045	1045	this section, including rules related to the development and
1046	1046	administration of the examination, examination fees, guidelines
1047	1047	for reexamination, grading the examination, and providing notice of
1048	1048	examination results.
1049	1049	SECTION 8.022. Section 203.256, Occupations Code, is
1050	1050	amended to read as follows:
1051	1051	Sec. 203.256. TRAINING IN NEWBORN SCREENING AND BASIC LIFE
1052	1052	SUPPORT CARDIOPULMONARY RESUSCITATION. A person who practices
1053	1053	midwifery in this state must provide the department [program
1054	1054	coordinator] with satisfactory evidence that the person:
1055	1055	(1) is trained to perform the newborn screening tests
1056	1056	under Section 203.354 or has made arrangements for the performance
1057	1057	of those tests; and
1058	1058	(2) holds:
1059	1059	(A) a current certificate issued by the American
1060	1060	Heart Association in basic life support cardiopulmonary
1061	1061	resuscitation; or
1062	1062	(B) another form of certification acceptable to
1063	1063	the department that demonstrates proficiency in basic life support
1064	1064	cardiopulmonary resuscitation for adults and children.
1065	1065	SECTION 8.023. Section 203.304, Occupations Code, is
1066	1066	amended to read as follows:
1067	1067	Sec. 203.304. CONTINUING MIDWIFERY EDUCATION. (a) The
1068	1068	commission by rule [Subject to the approval of the executive
1069	1069	commissioner, the midwifery board] shall establish requirements
1070	1070	for continuing midwifery education, including a minimum number of
1071	1071	hours of continuing education required to renew a license under
1072	1072	this chapter.
1073	1073	(b) On renewal of the license, a midwife must provide the
1074	1074	department [program coordinator] with evidence, acceptable under
1075	1075	commission [midwifery board] rules, of completion of continuing
1076	1076	midwifery education as prescribed by the commission by rule
1077	1077	[midwifery board].
1078	1078	(c) The commission [midwifery board] by rule shall develop a
1079	1079	process to evaluate and approve continuing education courses.
1080	1080	SECTION 8.024. Section 203.305, Occupations Code, is
1081	1081	amended to read as follows:
1082	1082	Sec. 203.305. REQUIRED ATTENDANCE AT SPECIFIC MIDWIFERY
1083	1083	EDUCATION COURSES. The department [midwifery board] may assess the
1084	1084	continuing education needs of licensed midwives and may require
1085	1085	licensed midwives to attend continuing midwifery education courses
1086	1086	specified by the department [midwifery board].
1087	1087	SECTION 8.025. Section 203.306, Occupations Code, is
1088	1088	amended to read as follows:
1089	1089	Sec. 203.306. GROUNDS FOR REFUSING RENEWAL. The department
1090	1090	[midwifery board] may refuse to renew the license of a person who
1091	1091	fails to pay an administrative penalty [imposed under Subchapter
1092	1092	J,] unless enforcement of the penalty is stayed or a court has
1093	1093	ordered that the administrative penalty is not owed.
1094	1094	SECTION 8.026. Section 203.351(b), Occupations Code, is
1095	1095	amended to read as follows:
1096	1096	(b) The department [midwifery board] shall prescribe the
1097	1097	form of the informed choice and disclosure statement required to be
1098	1098	used by a midwife under this chapter. The form must include:
1099	1099	(1) statistics of the midwife's experience as a
1100	1100	midwife;
1101	1101	(2) the date the midwife's license expires;
1102	1102	(3) the date the midwife's cardiopulmonary
1103	1103	resuscitation certification expires;
1104	1104	(4) the midwife's compliance with continuing education
1105	1105	requirements;
1106	1106	(5) a description of medical backup arrangements; and
1107	1107	(6) the legal responsibilities of a midwife, including
1108	1108	statements concerning newborn blood screening, ophthalmia
1109	1109	neonatorum prevention, and prohibited acts under Sections
1110	1110	203.401-203.403.
1111	1111	SECTION 8.027. Section 203.352, Occupations Code, is
1112	1112	amended to read as follows:
1113	1113	Sec. 203.352. PRENATAL AND CERTAIN MEDICAL CARE ENCOURAGED.
1114	1114	A midwife shall encourage a client to seek:
1115	1115	(1) prenatal care; and
1116	1116	(2) medical care through consultation or referral, as
1117	1117	specified by commission [midwifery board] rules, if the midwife
1118	1118	determines that the pregnancy, labor, delivery, postpartum period,
1119	1119	or newborn period of a woman or newborn may not be classified as
1120	1120	normal for purposes of this chapter.
1121	1121	SECTION 8.028. Section 203.354(b), Occupations Code, is
1122	1122	amended to read as follows:
1123	1123	(b) A midwife may collect blood specimens for the newborn
1124	1124	screening tests if the midwife has been approved by the department
1125	1125	to collect the specimen. The commission [Subject to the approval
1126	1126	of the executive commissioner, the midwifery board] shall adopt
1127	1127	rules establishing the standards for approval. The standards must
1128	1128	recognize completion of a course of instruction that includes the
1129	1129	blood specimen collection procedure or verification by
1130	1130	appropriately trained health care providers that the midwife has
1131	1131	been instructed in the blood collection procedures.
1132	1132	SECTION 8.029. Section 203.355(b), Occupations Code, is
1133	1133	amended to read as follows:
1134	1134	(b) The Department of State Health Services [department]
1135	1135	and a local health department, a public health district, or a local
1136	1136	health unit shall provide clinical and laboratory support services
1137	1137	to a pregnant woman or a newborn who is a client of a midwife if the
1138	1138	midwife is required to provide the services under this chapter.
1139	1139	SECTION 8.030. Section 203.356(a), Occupations Code, is
1140	1140	amended to read as follows:
1141	1141	(a) A physician, a registered nurse, or other person who, on
1142	1142	the order of a physician, instructs a midwife in the approved
1143	1143	techniques for collecting blood specimens to be used for newborn
1144	1144	screening tests is immune from liability arising out of the failure
1145	1145	or refusal of the midwife to:
1146	1146	(1) collect the specimens in the approved manner; or
1147	1147	(2) submit the specimens to the Department of State
1148	1148	Health Services [department] in a timely manner.
1149	1149	SECTION 8.031. Sections 203.357(a) and (b), Occupations
1150	1150	Code, are amended to read as follows:
1151	1151	(a) The department [midwifery board] may require
1152	1152	information in addition to that required by Section 203.253 if it
1153	1153	determines the additional information is necessary and appropriate
1154	1154	to ascertain the nature and extent of midwifery in this state. The
1155	1155	department [midwifery board] may not require information regarding
1156	1156	any act that is prohibited under this chapter.
1157	1157	(b) The [With the approval of the midwifery board, the]
1158	1158	department shall prescribe forms for the additional information and
1159	1159	shall distribute those forms directly to each midwife. Each
1160	1160	midwife must complete and return the forms to the department as
1161	1161	requested.
1162	1162	SECTION 8.032. Section 203.401, Occupations Code, is
1163	1163	amended to read as follows:
1164	1164	Sec. 203.401. PROHIBITED PRACTICES. A midwife may not:
1165	1165	(1) provide midwifery care in violation of commission
1166	1166	[midwifery board] rule, except in an emergency that poses an
1167	1167	immediate threat to the life of a woman or newborn;
1168	1168	(2) administer a prescription drug to a client other
1169	1169	than:
1170	1170	(A) a drug administered under the supervision of
1171	1171	a licensed physician in accordance with state law;
1172	1172	(B) prophylaxis approved by the Department of
1173	1173	State Health Services [department] to prevent ophthalmia
1174	1174	neonatorum; or
1175	1175	(C) oxygen administered in accordance with
1176	1176	commission [midwifery board] rule;
1177	1177	(3) use forceps or a surgical instrument for a
1178	1178	procedure other than cutting the umbilical cord or providing
1179	1179	emergency first aid during delivery;
1180	1180	(4) remove placenta by invasive techniques;
1181	1181	(5) use a mechanical device or medicine to advance or
1182	1182	retard labor or delivery; or
1183	1183	(6) make on a birth certificate a false statement or
1184	1184	false record in violation of Section 195.003, Health and Safety
1185	1185	Code.
1186	1186	SECTION 8.033. Section 203.404, Occupations Code, is
1187	1187	amended to read as follows:
1188	1188	Sec. 203.404. GROUNDS FOR DISCIPLINARY ACTION. (a) The
1189	1189	commission or executive director [midwifery board] may discipline a
1190	1190	licensed midwife, refuse to renew a midwife's license, or refuse to
1191	1191	issue a license to an applicant if the person:
1192	1192	(1) violates this chapter or a rule adopted under this
1193	1193	chapter;
1194	1194	(2) submits false or misleading information to the
1195	1195	[midwifery board or the] department;
1196	1196	(3) is convicted of a misdemeanor involving moral
1197	1197	turpitude or a felony;
1198	1198	(4) uses alcohol or drugs intemperately;
1199	1199	(5) engages in unprofessional or dishonorable conduct
1200	1200	that may reasonably be determined to deceive or defraud the public;
1201	1201	(6) is unable to practice midwifery with reasonable
1202	1202	skill and safety because of illness, disability, or psychological
1203	1203	impairment;
1204	1204	(7) is determined by a court judgment to be mentally
1205	1205	impaired;
1206	1206	(8) submits a birth or death certificate known by the
1207	1207	person to be false or fraudulent or engages in another act that
1208	1208	violates Title 3, Health and Safety Code, or a rule adopted under
1209	1209	that title;
1210	1210	(9) violates Chapter 244, Health and Safety Code, or a
1211	1211	rule adopted under that chapter; or
1212	1212	(10) fails to practice midwifery in a manner
1213	1213	consistent with the public health and safety.
1214	1214	(b) The commission or executive director [midwifery board]
1215	1215	may discipline a licensed midwife and may refuse to issue a license
1216	1216	to an applicant for a disciplinary action taken by another
1217	1217	jurisdiction that affects the person's authority to practice
1218	1218	midwifery, including a suspension, a revocation, or another action.
1219	1219	SECTION 8.034. Section 203.406, Occupations Code, is
1220	1220	amended to read as follows:
1221	1221	Sec. 203.406. REFUND. (a) Subject to Subsection (b), the
1222	1222	commission or executive director [midwifery board] may order a
1223	1223	licensed midwife to pay a refund to a consumer as provided in an
1224	1224	agreed settlement, default order, or commission order [agreement
1225	1225	resulting from an informal settlement conference] instead of or in
1226	1226	addition to imposing an administrative penalty against the license
1227	1227	holder [under this chapter].
1228	1228	(b) The amount of a refund ordered [as provided in an
1229	1229	agreement resulting from an informal settlement conference] may not
1230	1230	exceed the amount the consumer paid to the licensed midwife for a
1231	1231	service regulated by this chapter. The commission or executive
1232	1232	director [midwifery board] may not require payment of other damages
1233	1233	or estimate harm in a refund order.
1234	1234	SECTION 8.035. Section 203.501(a), Occupations Code, is
1235	1235	amended to read as follows:
1236	1236	(a) A person is liable for a civil penalty if the person is
1237	1237	required to be licensed under this chapter and the person knowingly
1238	1238	or intentionally practices midwifery:
1239	1239	(1) without a license or while the license is
1240	1240	suspended or revoked; or
1241	1241	(2) in violation of a commission [midwifery board]
1242	1242	order.
1243	1243	SECTION 8.036. Section 203.502(b), Occupations Code, as
1244	1244	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
1245	1245	2015, is amended to read as follows:
1246	1246	(b) If the executive director [department] or a health
1247	1247	authority determines that a person has violated this chapter, the
1248	1248	executive director may institute an action described by Section
1249	1249	51.352 [and that the violation creates an immediate threat to the
1250	1250	health and safety of the public, the department, or the health
1251	1251	authority with the concurrence of the department, may request the
1252	1252	attorney general or a district, county, or city attorney to bring an
1253	1253	action in a district court for a restraining order to restrain the
1254	1254	violation].
1255	1255	SECTION 8.037. Section 203.503(a), Occupations Code, is
1256	1256	amended to read as follows:
1257	1257	(a) Venue for a civil action arising out of the imposition
1258	1258	of an administrative penalty [brought under Section 203.451 or
1259	1259	203.452] is in the county in which the defendant resides or in the
1260	1260	county in which the violation occurred.
1261	1261	SECTION 8.038. Section 203.505(b), Occupations Code, is
1262	1262	amended to read as follows:
1263	1263	(b) A violation of a cease and desist [an] order issued by
1264	1264	the executive director [under this section] constitutes grounds for
1265	1265	imposing an administrative penalty [under Subchapter J].
1266	1266	SECTION 8.039. Section 401.001, Occupations Code, is
1267	1267	amended by amending Subdivisions (1), (3), (4), and (4-a) and
1268	1268	adding Subdivisions (1-a) and (4-b) to read as follows:
1269	1269	(1) "Advisory board" means the Speech-Language
1270	1270	Pathologists and Audiologists Advisory Board.
1271	1271	(1-a) "Audiologist" means a person who meets the
1272	1272	qualifications of this chapter to practice audiology.
1273	1273	(3) "Commission" ["Board"] means the Texas Commission
1274	1274	of Licensing and Regulation [State Board of Examiners for
1275	1275	Speech-Language Pathology and Audiology].
1276	1276	(4) "Department" means the Texas Department of
1277	1277	Licensing and Regulation [State Health Services].
1278	1278	(4-a) "Executive director" means the executive
1279	1279	director of the department.
1280	1280	(4-b) "Hearing instrument" has the meaning assigned by
1281	1281	Section 402.001.
1282	1282	SECTION 8.040. Section 401.052, Occupations Code, is
1283	1283	amended to read as follows:
1284	1284	Sec. 401.052. NURSES. This chapter does not prevent or
1285	1285	restrict a communication, speech, language, or hearing screening,
1286	1286	as defined by commission [board] rule, from being conducted by a
1287	1287	registered nurse:
1288	1288	(1) licensed in this state; and
1289	1289	(2) practicing in accordance with the standards of
1290	1290	professional conduct and ethics established by rules adopted by the
1291	1291	Texas Board of Nursing.
1292	1292	SECTION 8.041. Section 401.053, Occupations Code, is
1293	1293	amended to read as follows:
1294	1294	Sec. 401.053. PERSONS TRAINED BY DEPARTMENT OF STATE HEALTH
1295	1295	SERVICES. (a) This chapter does not apply to a person who shows
1296	1296	evidence of having received training by the Department of State
1297	1297	Health Services [department] in a communication, speech, language,
1298	1298	or hearing screening training program approved by that [the]
1299	1299	department if the person's activity is limited to screening as
1300	1300	defined by commission [board] rule.
1301	1301	(b) A person who has received training by the Department of
1302	1302	State Health Services [department] in a program under Subsection
1303	1303	(a) may not:
1304	1304	(1) practice speech-language pathology or audiology;
1305	1305	or
1306	1306	(2) represent that the person is a speech-language
1307	1307	pathologist or audiologist.
1308	1308	SECTION 8.042. Sections 401.054(b), (c), and (d),
1309	1309	Occupations Code, are amended to read as follows:
1310	1310	(b) The Texas Education Agency certificate in
1311	1311	speech-language pathology must require an applicant to:
1312	1312	(1) hold a master's degree in communicative disorders
1313	1313	or the equivalent from a university program accredited by the
1314	1314	American Speech-Language-Hearing Association; and
1315	1315	(2) pass a national examination in speech-language
1316	1316	pathology or audiology approved by the department [board].
1317	1317	(c) A person affected by this section who performs work as a
1318	1318	speech-language pathologist or audiologist in addition to
1319	1319	performing the person's duties within an agency, institution, or
1320	1320	organization under the jurisdiction of the Texas Education Agency
1321	1321	is required to hold a license issued by the department [board]
1322	1322	unless that work is limited to speech and hearing screening
1323	1323	procedures performed without compensation.
1324	1324	(d) For the purposes of Subsection (b)(1), an applicant's
1325	1325	educational credentials are equivalent to a master's degree in
1326	1326	communicative disorders if the credentials:
1327	1327	(1) consist of graduate-level course work and
1328	1328	practicum from a program accredited by the American
1329	1329	Speech-Language-Hearing Association; and
1330	1330	(2) meet requirements that are the same as those
1331	1331	established by the department [board] for a license in
1332	1332	speech-language pathology or audiology.
1333	1333	SECTION 8.043. The heading to Subchapter C, Chapter 401,
1334	1334	Occupations Code, is amended to read as follows:
1335	1335	SUBCHAPTER C. [STATE BOARD OF EXAMINERS FOR] SPEECH-LANGUAGE
1336	1336	PATHOLOGISTS [PATHOLOGY] AND AUDIOLOGISTS ADVISORY BOARD
1337	1337	[AUDIOLOGY]
1338	1338	SECTION 8.044. Section 401.102, Occupations Code, is
1339	1339	amended to read as follows:
1340	1340	Sec. 401.102. ADVISORY BOARD MEMBERSHIP. (a) The advisory
1341	1341	board consists of nine members appointed by the presiding officer
1342	1342	of the commission with the approval of the commission [governor] as
1343	1343	follows:
1344	1344	(1) three audiologist members;
1345	1345	(2) three speech-language pathologist members; and
1346	1346	(3) three members who represent the public.
1347	1347	(b) Advisory board [Board] members must:
1348	1348	(1) have been a resident of this state for the two
1349	1349	years preceding the date of appointment;
1350	1350	(2) be from the various geographic regions of the
1351	1351	state; and
1352	1352	(3) be from varying employment settings.
1353	1353	(c) The advisory board members appointed under Subsections
1354	1354	(a)(1) and (2) must:
1355	1355	(1) have been engaged in teaching, research, or
1356	1356	providing services in speech-language pathology or audiology for at
1357	1357	least five years; and
1358	1358	(2) be licensed under this chapter.
1359	1359	(d) One of the public advisory board members must be a
1360	1360	physician licensed in this state and certified in otolaryngology or
1361	1361	pediatrics.
1362	1362	(e) Appointments to the advisory board shall be made without
1363	1363	regard to the race, creed, sex, religion, or national origin of the
1364	1364	appointee.
1365	1365	SECTION 8.045. Subchapter C, Chapter 401, Occupations Code,
1366	1366	is amended by adding Section 401.10205 to read as follows:
1367	1367	Sec. 401.10205. DUTIES OF ADVISORY BOARD. The advisory
1368	1368	board shall provide advice and recommendations to the department on
1369	1369	technical matters relevant to the administration of this chapter.
1370	1370	SECTION 8.046. The heading to Section 401.105, Occupations
1371	1371	Code, is amended to read as follows:
1372	1372	Sec. 401.105. TERMS; VACANCIES.
1373	1373	SECTION 8.047. Section 401.105(b), Occupations Code, is
1374	1374	amended to read as follows:
1375	1375	(b) If a vacancy occurs during a member's term, the
1376	1376	presiding officer of the commission, with the commission's
1377	1377	approval, shall appoint a replacement who meets the qualifications
1378	1378	for the vacant position to serve for the remainder of the term [A
1379	1379	person may not be appointed to serve more than two consecutive
1380	1380	terms].
1381	1381	SECTION 8.048. Section 401.107, Occupations Code, is
1382	1382	amended to read as follows:
1383	1383	Sec. 401.107. PRESIDING OFFICER [BOARD OFFICERS]. (a) The
1384	1384	presiding officer of the commission [governor] shall designate a
1385	1385	member of the advisory board to serve as the presiding officer of
1386	1386	the advisory board for a term of one year [to serve in that capacity
1387	1387	at the will of the governor].
1388	1388	(b) The presiding officer of the advisory board may vote on
1389	1389	any matter before the advisory board [must hold a license under this
1390	1390	chapter].
1391	1391	SECTION 8.049. Section 401.108, Occupations Code, is
1392	1392	amended to read as follows:
1393	1393	Sec. 401.108. MEETINGS. [(a)] The advisory board shall
1394	1394	meet [hold at least two regular meetings each year.
1395	1395	[(b) Additional meetings may be held] at the call of the
1396	1396	presiding officer of the commission or the executive director [on
1397	1397	the written request of any three members of the board].
1398	1398	SECTION 8.050. The heading to Subchapter E, Chapter 401,
1399	1399	Occupations Code, is amended to read as follows:
1400	1400	SUBCHAPTER E. [BOARD AND DEPARTMENT] POWERS AND DUTIES
1401	1401	SECTION 8.051. Section 401.201, Occupations Code, is
1402	1402	amended by amending Subsection (a) and adding Subsection (a-1) to
1403	1403	read as follows:
1404	1404	(a) The executive director shall administer and enforce
1405	1405	this chapter.
1406	1406	(a-1) The [With the assistance of the] department [, the
1407	1407	board] shall:
1408	1408	(1) [administer, coordinate, and enforce this
1409	1409	chapter;
1410	1410	[(2)] evaluate the qualifications of license
1411	1411	applicants;
1412	1412	(2) [(3)] provide for the examination of license
1413	1413	applicants;
1414	1414	(3) [(4)] in connection with a hearing under this
1415	1415	chapter [Section 401.454], issue subpoenas, examine witnesses, and
1416	1416	administer oaths under the laws of this state; and
1417	1417	(4) [(5) conduct hearings and keep records and
1418	1418	minutes necessary to the orderly administration of this chapter;
1419	1419	and
1420	1420	[(6)] investigate persons engaging in practices that
1421	1421	violate this chapter.
1422	1422	SECTION 8.052. Section 401.202, Occupations Code, is
1423	1423	amended to read as follows:
1424	1424	Sec. 401.202. STANDARDS OF ETHICAL PRACTICE [RULEMAKING
1425	1425	AUTHORITY]. The commission [board] shall adopt rules under
1426	1426	[necessary to administer and enforce] this chapter[, including
1427	1427	rules] that establish standards of ethical practice.
1428	1428	SECTION 8.053. Section 401.2021, Occupations Code, is
1429	1429	amended to read as follows:
1430	1430	Sec. 401.2021. [JOINT] RULES FOR HEARING
1431	1431	INSTRUMENTS. With the assistance of the advisory [department,
1432	1432	the] board and the Hearing Instrument Fitters and Dispensers
1433	1433	Advisory Board, the commission [State Committee of Examiners in the
1434	1434	Fitting and Dispensing of Hearing Instruments] shall [jointly]
1435	1435	adopt rules to establish requirements for each sale of a hearing
1436	1436	instrument for purposes of this chapter and Chapter 402. The rules
1437	1437	must:
1438	1438	(1) address:
1439	1439	(A) the information and other provisions
1440	1440	required in each written contract for the purchase of a hearing
1441	1441	instrument;
1442	1442	(B) records that must be retained under this
1443	1443	chapter or Chapter 402; and
1444	1444	(C) guidelines for the 30-day trial period during
1445	1445	which a person may cancel the purchase of a hearing instrument; and
1446	1446	(2) require that the written contract and 30-day trial
1447	1447	period information provided to a purchaser of a hearing instrument
1448	1448	be in plain language designed to be easily understood by the average
1449	1449	consumer.
1450	1450	SECTION 8.054. Section 401.2022, Occupations Code, is
1451	1451	amended to read as follows:
1452	1452	Sec. 401.2022. [JOINT] RULES FOR FITTING AND DISPENSING OF
1453	1453	HEARING INSTRUMENTS BY TELEPRACTICE. (a) In this section,
1454	1454	"telepractice" means the use of telecommunications technology by a
1455	1455	license holder for an assessment, intervention, or consultation
1456	1456	regarding a speech-language pathology or audiology client.
1457	1457	(b) With the assistance of the advisory [department, the]
1458	1458	board and the Hearing Instrument Fitters and Dispensers Advisory
1459	1459	Board, the commission [State Committee of Examiners in the Fitting
1460	1460	and Dispensing of Hearing Instruments] shall [jointly] adopt rules
1461	1461	to establish requirements for the fitting and dispensing of hearing
1462	1462	instruments by the use of telepractice for purposes of this chapter
1463	1463	and Chapter 402, including rules that establish the qualifications
1464	1464	and duties of license holders who use telepractice.
1465	1465	SECTION 8.055. The heading to Section 401.203, Occupations
1466	1466	Code, is amended to read as follows:
1467	1467	Sec. 401.203. ASSISTANCE FILING COMPLAINT [BOARD DUTIES
1468	1468	REGARDING COMPLAINTS].
1469	1469	SECTION 8.056. Section 401.203(c), Occupations Code, is
1470	1470	amended to read as follows:
1471	1471	(c) The department [board] shall provide reasonable
1472	1472	assistance to a person who wishes to file a complaint with the
1473	1473	department regarding a person or activity regulated under this
1474	1474	chapter [board].
1475	1475	SECTION 8.057. Section 401.251, Occupations Code, is
1476	1476	amended to read as follows:
1477	1477	Sec. 401.251. TELEPHONE NUMBER FOR COMPLAINTS. The
1478	1478	department [board] shall list with its regular telephone number any
1479	1479	toll-free telephone number established under other state law that
1480	1480	may be called to present a complaint about a health professional.
1481	1481	SECTION 8.058. The heading to Section 401.253, Occupations
1482	1482	Code, is amended to read as follows:
1483	1483	Sec. 401.253. [GENERAL] RULES REGARDING USE OF PRIVATE
1484	1484	INVESTIGATOR [REGARDING COMPLAINT INVESTIGATION AND DISPOSITION].
1485	1485	SECTION 8.059. Section 401.253(a), Occupations Code, is
1486	1486	amended to read as follows:
1487	1487	(a) For purposes of Section 51.252, the commission must [The
1488	1488	board shall] adopt rules to [concerning the investigation of a
1489	1489	complaint filed with the board. The rules must:
1490	1490	[(1) distinguish among categories of complaints;
1491	1491	[(2) ensure that a complaint is not dismissed without
1492	1492	appropriate consideration;
1493	1493	[(3) require that the board be advised of a complaint
1494	1494	that is dismissed and that a letter be sent to the person who filed
1495	1495	the complaint explaining the action taken on the dismissed
1496	1496	complaint;
1497	1497	[(4) ensure that the person who filed the complaint
1498	1498	has an opportunity to explain the allegations made in the
1499	1499	complaint; and
1500	1500	[(5)] prescribe guidelines concerning the categories
1501	1501	of complaints under this chapter that require the use of a private
1502	1502	investigator and the procedures for the department [board] to
1503	1503	obtain the services of a private investigator.
1504	1504	SECTION 8.060. The heading to Section 401.2535, Occupations
1505	1505	Code, is amended to read as follows:
1506	1506	Sec. 401.2535. CONFIDENTIALITY OF COMPLAINT AND
1507	1507	DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].
1508	1508	SECTION 8.061. Sections 401.2535(h) and (i), Occupations
1509	1509	Code, are amended to read as follows:
1510	1510	(h) All information and materials subpoenaed or compiled by
1511	1511	the department [board] in connection with a complaint and
1512	1512	investigation are confidential and not subject to disclosure under
1513	1513	Chapter 552, Government Code, and not subject to disclosure,
1514	1514	discovery, subpoena, or other means of legal compulsion for their
1515	1515	release to anyone other than the department [board] or its
1516	1516	employees or agents involved in discipline of the holder of a
1517	1517	license, except that this information may be disclosed to:
1518	1518	(1) persons involved with the department [board] in a
1519	1519	disciplinary action against the holder of a license;
1520	1520	(2) professional speech-language pathologist and
1521	1521	audiologist licensing or disciplinary boards in other
1522	1522	jurisdictions;
1523	1523	(3) peer assistance programs approved by the
1524	1524	commission [board] under Chapter 467, Health and Safety Code;
1525	1525	(4) law enforcement agencies; and
1526	1526	(5) persons engaged in bona fide research, if all
1527	1527	individual-identifying information has been deleted.
1528	1528	(i) The filing of formal charges by the department [board]
1529	1529	against a holder of a license, the nature of those charges,
1530	1530	disciplinary proceedings of the department, commission, or
1531	1531	executive director [board], and final disciplinary actions,
1532	1532	including warnings and reprimands, by the department, commission,
1533	1533	or executive director [board] are not confidential and are subject
1534	1534	to disclosure in accordance with Chapter 552, Government Code.
1535	1535	SECTION 8.062. Section 401.302, Occupations Code, is
1536	1536	amended to read as follows:
1537	1537	Sec. 401.302. ISSUANCE OF LICENSE. (a) The department
1538	1538	[board] shall issue a license to an applicant who meets the
1539	1539	requirements of this chapter and who pays to the department [board]
1540	1540	the initial nonrefundable license fee.
1541	1541	(b) The department [board] may issue to an applicant a
1542	1542	license in either speech-language pathology or audiology.
1543	1543	(c) The department [board] may issue a license in both
1544	1544	speech-language pathology and audiology to an applicant.
1545	1545	(d) The commission [board] by rule shall establish
1546	1546	qualifications for dual licensing in speech-language pathology and
1547	1547	audiology and may develop a full range of licensing options and
1548	1548	establish rules for qualifications.
1549	1549	SECTION 8.063. Section 401.303(a), Occupations Code, is
1550	1550	amended to read as follows:
1551	1551	(a) A person who desires a license under this chapter must
1552	1552	apply to the department [board] on a form and in the manner
1553	1553	prescribed by the executive director [board prescribes].
1554	1554	SECTION 8.064. Sections 401.304(a) and (c), Occupations
1555	1555	Code, are amended to read as follows:
1556	1556	(a) To be eligible for licensing as a speech-language
1557	1557	pathologist or audiologist, an applicant must:
1558	1558	(1) if the application is for a license in:
1559	1559	(A) speech-language pathology, possess at least
1560	1560	a master's degree with a major in at least one of the areas of
1561	1561	communicative sciences or disorders from a program accredited by a
1562	1562	national accrediting organization that is approved by the
1563	1563	commission or department [board] and recognized by the United
1564	1564	States secretary of education under the Higher Education Act of
1565	1565	1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved
1566	1566	college or university; or
1567	1567	(B) audiology, possess at least a doctoral degree
1568	1568	in audiology or a related hearing science from a program accredited
1569	1569	by a national accrediting organization that is approved by the
1570	1570	commission or department [board] and recognized by the United
1571	1571	States secretary of education under the Higher Education Act of
1572	1572	1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved
1573	1573	college or university;
1574	1574	(2) submit a transcript from a public or private
1575	1575	institution of higher learning showing successful completion of
1576	1576	course work in amounts set by the commission by rule [board] in:
1577	1577	(A) normal development and use of speech,
1578	1578	language, and hearing;
1579	1579	(B) evaluation, habilitation, and rehabilitation
1580	1580	of speech, language, and hearing disorders; and
1581	1581	(C) related fields that augment the work of
1582	1582	clinical practitioners of speech-language pathology and audiology;
1583	1583	(3) have successfully completed at least 36 semester
1584	1584	hours in courses that are acceptable toward a graduate degree by the
1585	1585	college or university in which the courses are taken, at least 24 of
1586	1586	which must be in the professional area for which the license is
1587	1587	requested;
1588	1588	(4) have completed the minimum number of hours,
1589	1589	established by the commission by rule [board], of supervised
1590	1590	clinical experience with persons who present a variety of
1591	1591	communication disorders; and
1592	1592	(5) have completed the full-time supervised
1593	1593	professional experience, as defined by commission [board] rule, in
1594	1594	which clinical work has been accomplished in the major professional
1595	1595	area for which the license is being sought.
1596	1596	(c) Supervised professional experience under Subsection
1597	1597	(a)(5) must:
1598	1598	(1) be under the supervision of a qualified person
1599	1599	acceptable to the department [board] under guidelines approved by
1600	1600	the commission [board]; and
1601	1601	(2) begin after completion of the academic and
1602	1602	clinical experience required by this section.
1603	1603	SECTION 8.065. Section 401.3041, Occupations Code, is
1604	1604	amended to read as follows:
1605	1605	Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION
1606	1606	REQUIREMENT FOR LICENSE ISSUANCE. (a) The department [board]
1607	1607	shall require that an applicant for a license submit a complete and
1608	1608	legible set of fingerprints, on a form prescribed by the department
1609	1609	[board], to the department [board] or to the Department of Public
1610	1610	Safety for the purpose of obtaining criminal history record
1611	1611	information from the Department of Public Safety and the Federal
1612	1612	Bureau of Investigation.
1613	1613	(b) The department [board] may not issue a license to a
1614	1614	person who does not comply with the requirement of Subsection (a).
1615	1615	(c) The department [board] shall conduct a criminal history
1616	1616	check of each applicant for a license using information:
1617	1617	(1) provided by the individual under this section; and
1618	1618	(2) made available to the department [board] by the
1619	1619	Department of Public Safety, the Federal Bureau of Investigation,
1620	1620	and any other criminal justice agency under Chapter 411, Government
1621	1621	Code.
1622	1622	(d) The department [Department of State Health Services on
1623	1623	behalf of the board] may:
1624	1624	(1) enter into an agreement with the Department of
1625	1625	Public Safety to administer a criminal history check required under
1626	1626	this section; and
1627	1627	(2) authorize the Department of Public Safety to
1628	1628	collect from each applicant the costs incurred by the Department of
1629	1629	Public Safety in conducting the criminal history check.
1630	1630	SECTION 8.066. Section 401.305, Occupations Code, is
1631	1631	amended to read as follows:
1632	1632	Sec. 401.305. EXAMINATION. (a) To obtain a license, an
1633	1633	applicant must:
1634	1634	(1) pass an [a validated] examination approved by the
1635	1635	commission by rule [board]; and
1636	1636	(2) pay fees in a manner prescribed by the commission
1637	1637	by rule [board].
1638	1638	(b) The department [board] shall [:
1639	1639	[(1)] administer an examination at least twice each
1640	1640	year.
1641	1641	(b-1) The commission by rule shall [;
1642	1642	[(2)] determine standards for acceptable performance
1643	1643	on the examination [; and
1644	1644	[(3) maintain a record of all examination scores for
1645	1645	at least two years after the date of examination].
1646	1646	(c) The commission [board] by rule may:
1647	1647	(1) establish procedures for the administration of the
1648	1648	examination; and
1649	1649	(2) require a written or oral examination, or both.
1650	1650	(d) The commission by rule [board] may require the
1651	1651	examination of [examine] an applicant in any theoretical or applied
1652	1652	field of speech-language pathology or audiology it considers
1653	1653	appropriate. The commission by rule [board] may require the
1654	1654	examination of [examine] an applicant on professional skills and
1655	1655	judgment in the use of speech-language pathology or audiology
1656	1656	techniques or methods.
1657	1657	SECTION 8.067. Section 401.307(b), Occupations Code, is
1658	1658	amended to read as follows:
1659	1659	(b) An applicant who fails two examinations may not be
1660	1660	reexamined until the person:
1661	1661	(1) submits a new application accompanied by a
1662	1662	nonrefundable application fee; and
1663	1663	(2) presents evidence acceptable to the department
1664	1664	[board] of additional study in the area for which a license is
1665	1665	sought.
1666	1666	SECTION 8.068. Section 401.308, Occupations Code, is
1667	1667	amended to read as follows:
1668	1668	Sec. 401.308. PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL
1669	1669	COMPETENCE WAIVER. (a) The department [board] may grant a
1670	1670	provisional license to an applicant who:
1671	1671	(1) is licensed in good standing as a speech-language
1672	1672	pathologist or an audiologist in another state that has licensing
1673	1673	requirements that are substantially equivalent to the requirements
1674	1674	of this chapter;
1675	1675	(2) has passed a national or other examination
1676	1676	recognized by the department [board] relating to speech-language
1677	1677	pathology or audiology; and
1678	1678	(3) is sponsored by a license holder with whom the
1679	1679	provisional license holder may practice under this section.
1680	1680	(b) An applicant for a provisional license may be excused
1681	1681	from the requirement of Subsection (a)(3) if the department [board]
1682	1682	determines that compliance with that requirement is a hardship to
1683	1683	the applicant.
1684	1684	(c) A provisional license is valid until the date the
1685	1685	department [board] approves or denies the provisional license
1686	1686	holder's application for a license.
1687	1687	(d) The department [board] shall issue a license under this
1688	1688	chapter to a provisional license holder:
1689	1689	(1) who passes the examination required by Section
1690	1690	401.305;
1691	1691	(2) for whom the department [board] verifies
1692	1692	satisfaction of the academic and experience requirements for a
1693	1693	license under this chapter; and
1694	1694	(3) who satisfies any other license requirements under
1695	1695	this chapter.
1696	1696	(e) The department [board] shall complete the processing of
1697	1697	a provisional license holder's application for a license not later
1698	1698	than the 180th day after the date the provisional license is issued.
1699	1699	(f) The department [board] may waive the examination
1700	1700	requirement and issue a license to an applicant who holds the
1701	1701	Certificate of Clinical Competence of the American
1702	1702	Speech-Language-Hearing Association.
1703	1703	SECTION 8.069. Section 401.310(a), Occupations Code, is
1704	1704	amended to read as follows:
1705	1705	(a) The department [board] shall issue a temporary
1706	1706	certificate of registration to an applicant who:
1707	1707	(1) satisfies the requirements of Section 401.304;
1708	1708	(2) has not previously applied to take the
1709	1709	examination; and
1710	1710	(3) pays the nonrefundable application fee.
1711	1711	SECTION 8.070. Section 401.311(c), Occupations Code, is
1712	1712	amended to read as follows:
1713	1713	(c) The commission [board] by rule shall:
1714	1714	(1) prescribe the terms governing a person's practice
1715	1715	as an intern under this section; and
1716	1716	(2) establish general guidelines and renewal
1717	1717	procedures for the holder of an intern license.
1718	1718	SECTION 8.071. Sections 401.312(a) and (b), Occupations
1719	1719	Code, are amended to read as follows:
1720	1720	(a) The commission by rule [board] may establish minimum
1721	1721	qualifications for licensed assistants in speech-language
1722	1722	pathology and in audiology.
1723	1723	(b) A licensed assistant in speech-language pathology or in
1724	1724	audiology must meet the minimum qualifications established by the
1725	1725	commission [board].
1726	1726	SECTION 8.072. Section 401.351, Occupations Code, as
1727	1727	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
1728	1728	2015, is amended to read as follows:
1729	1729	Sec. 401.351. LICENSE TERM [EXPIRATION]. [(a)] A license
1730	1730	issued under this chapter is valid for two years. [The board by
1731	1731	rule may adopt a system under which licenses expire on various dates
1732	1732	during the year.
1733	1733	[(b) For the year in which the license expiration date is
1734	1734	changed, license fees payable on the original expiration date shall
1735	1735	be prorated on a monthly basis so that each license holder pays only
1736	1736	the portion of the license fee that is allocable to the number of
1737	1737	months during which the license is valid. On renewal of the license
1738	1738	on the new expiration date, the total license renewal fee is
1739	1739	payable.]
1740	1740	SECTION 8.073. Section 401.352(a), Occupations Code, as
1741	1741	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
1742	1742	2015, is amended to read as follows:
1743	1743	(a) Each licensed speech-language pathologist or
1744	1744	audiologist must pay the nonrefundable fee for license renewal.
1745	1745	[The board shall allow a 60-day grace period. After expiration of
1746	1746	the grace period, the board may renew a license on payment of a
1747	1747	penalty set by board rule.]
1748	1748	SECTION 8.074. Section 401.355, Occupations Code, is
1749	1749	amended to read as follows:
1750	1750	Sec. 401.355. CONTINUING EDUCATION. (a) The commission by
1751	1751	rule [board] shall establish uniform mandatory continuing
1752	1752	education requirements. A license holder may not renew the
1753	1753	person's license unless the person meets the continuing education
1754	1754	requirements.
1755	1755	(b) The commission [board] shall establish the requirements
1756	1756	in a manner that allows a license holder to comply without an
1757	1757	extended absence from the license holder's county of residence.
1758	1758	SECTION 8.075. Section 401.401(c), Occupations Code, is
1759	1759	amended to read as follows:
1760	1760	(c) The commission [board] shall adopt rules necessary to
1761	1761	enforce this section.
1762	1762	SECTION 8.076. Section 401.403(b), Occupations Code, is
1763	1763	amended to read as follows:
1764	1764	(b) A person who meets the requirements of this chapter for
1765	1765	licensing as an audiologist or audiologist intern and who fits and
1766	1766	dispenses hearing instruments must:
1767	1767	(1) register with the department [board] the person's
1768	1768	intention to fit and dispense hearing instruments;
1769	1769	(2) comply with the profession's code of ethics;
1770	1770	(3) comply with the federal Food and Drug
1771	1771	Administration guidelines for fitting and dispensing hearing
1772	1772	instruments;
1773	1773	(4) when providing services in this state, use a
1774	1774	written contract that contains the department's [board's] name,
1775	1775	mailing address, and telephone number; and
1776	1776	(5) follow the guidelines adopted by commission
1777	1777	[board] rule for a 30-day trial period on every hearing instrument
1778	1778	purchased.
1779	1779	SECTION 8.077. Section 401.451(a), Occupations Code, is
1780	1780	amended to read as follows:
1781	1781	(a) After a hearing, the commission or executive director
1782	1782	[board] may deny a license to an applicant or may suspend or revoke
1783	1783	a person's license or place on probation a license holder if the
1784	1784	applicant or license holder:
1785	1785	(1) violates this chapter or an order issued or rule
1786	1786	adopted under this chapter [of the board];
1787	1787	(2) obtains a license by means of fraud,
1788	1788	misrepresentation, or concealment of a material fact;
1789	1789	(3) sells, barters, or offers to sell or barter a
1790	1790	license or certificate of registration; or
1791	1791	(4) engages in unprofessional conduct that:
1792	1792	(A) endangers or is likely to endanger the
1793	1793	health, welfare, or safety of the public as defined by commission
1794	1794	[board] rule; or
1795	1795	(B) violates the code of ethics adopted and
1796	1796	published by the commission [board].
1797	1797	SECTION 8.078. Section 401.453(a), Occupations Code, is
1798	1798	amended to read as follows:
1799	1799	(a) The commission or department [board] may deny a license
1800	1800	or may suspend or revoke a license if the applicant or license
1801	1801	holder has been convicted of a misdemeanor involving moral
1802	1802	turpitude or a felony. The commission or department [board] may
1803	1803	take action authorized by this section when:
1804	1804	(1) the time for appeal of the person's conviction has
1805	1805	elapsed;
1806	1806	(2) the judgment or conviction has been affirmed on
1807	1807	appeal; or
1808	1808	(3) an order granting probation is made suspending the
1809	1809	imposition of the person's sentence, without regard to whether a
1810	1810	subsequent order:
1811	1811	(A) allows a withdrawal of a plea of guilty;
1812	1812	(B) sets aside a verdict of guilty; or
1813	1813	(C) dismisses an information or indictment.
1814	1814	SECTION 8.079. Section 401.5021, Occupations Code, is
1815	1815	amended to read as follows:
1816	1816	Sec. 401.5021. [BOARD-ORDERED] REFUND. The commission or
1817	1817	executive director [board] may order an audiologist to pay a refund
1818	1818	to a consumer who returns a hearing instrument during the 30-day
1819	1819	trial period required by rules adopted under Section 401.2021.
1820	1820	SECTION 8.080. Section 401.552(a), Occupations Code, is
1821	1821	amended to read as follows:
1822	1822	(a) The amount of an [the] administrative penalty imposed
1823	1823	for a violation of this chapter or a rule adopted or order issued
1824	1824	under this chapter may not be less than $50 or more than $5,000 for
1825	1825	each violation. Each day a violation continues or occurs is a
1826	1826	separate violation for the purpose of imposing a penalty.
1827	1827	SECTION 8.081. Section 402.001, Occupations Code, is
1828	1828	amended by amending Subdivisions (2), (3), and (6), amending
1829	1829	Subdivision (3-a), as added by S.B. 219, Acts of the 84th
1830	1830	Legislature, Regular Session, 2015, and adding Subdivision (1) to
1831	1831	read as follows:
1832	1832	(1) "Advisory board" means the Hearing Instrument
1833	1833	Fitters and Dispensers Advisory Board.
1834	1834	(2) "Commission" ["Committee"] means the Texas
1835	1835	Commission of Licensing and Regulation [State Committee of
1836	1836	Examiners in the Fitting and Dispensing of Hearing Instruments].
1837	1837	(3) "Department" means the Texas Department of
1838	1838	Licensing and Regulation [State Health Services].
1839	1839	(3-a) "Executive director [commissioner]" means the
1840	1840	executive director [commissioner] of the department [Health and
1841	1841	Human Services Commission].
1842	1842	(6) "License" means a license issued by the department
1843	1843	[committee] under this chapter to a person authorized to fit and
1844	1844	dispense hearing instruments.
1845	1845	SECTION 8.082. The heading to Subchapter B, Chapter 402,
1846	1846	Occupations Code, is amended to read as follows:
1847	1847	SUBCHAPTER B. HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY
1848	1848	BOARD [STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING
1849	1849	OF HEARING INSTRUMENTS]
1850	1850	SECTION 8.083. Section 402.051, Occupations Code, as
1851	1851	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
1852	1852	2015, is amended to read as follows:
1853	1853	Sec. 402.051. ADVISORY BOARD [COMMITTEE;] MEMBERSHIP. (a)
1854	1854	The advisory board [State Committee of Examiners in the Fitting and
1855	1855	Dispensing of Hearing Instruments is part of the department and]
1856	1856	consists of nine members appointed by the presiding officer of the
1857	1857	commission [governor] with the approval [advice and consent] of the
1858	1858	commission [senate] as follows:
1859	1859	(1) six members licensed under this chapter who have
1860	1860	been residents of this state actually engaged in fitting and
1861	1861	dispensing hearing instruments for at least five years preceding
1862	1862	appointment, not more than one of whom may be licensed under Chapter
1863	1863	401;
1864	1864	(2) one member who is actively practicing as a
1865	1865	physician licensed by the Texas Medical Board and who:
1866	1866	(A) has been a resident of this state for at least
1867	1867	two years preceding appointment;
1868	1868	(B) is a citizen of the United States; and
1869	1869	(C) specializes in the practice of
1870	1870	otolaryngology; and
1871	1871	(3) two members of the public.
1872	1872	(b) Appointments to the advisory board [committee] shall be
1873	1873	made without regard to the race, creed, sex, religion, or national
1874	1874	origin of the appointee.
1875	1875	SECTION 8.084. Subchapter B, Chapter 402, Occupations Code,
1876	1876	is amended by adding Section 402.0511 to read as follows:
1877	1877	Sec. 402.0511. DUTIES OF ADVISORY BOARD. The advisory
1878	1878	board shall provide advice and recommendations to the department on
1879	1879	technical matters relevant to the administration of this chapter.
1880	1880	SECTION 8.085. Section 402.055, Occupations Code, is
1881	1881	amended to read as follows:
1882	1882	Sec. 402.055. TERMS; VACANCIES. (a) Members of the
1883	1883	advisory board [committee] serve staggered six-year terms. The
1884	1884	terms of three members expire on February 1 of each odd-numbered
1885	1885	year.
1886	1886	(b) If a vacancy occurs during a member's term, the
1887	1887	presiding officer of the commission, with the commission's
1888	1888	approval, shall appoint a replacement who meets the qualifications
1889	1889	for the vacant position to serve for the remainder of the term [A
1890	1890	member who has served two full consecutive terms on the committee is
1891	1891	not eligible for reappointment to the committee for the 12 months
1892	1892	following the expiration of the second full term].
1893	1893	[(c) In the event of the death, resignation, or removal of a
1894	1894	member, the governor shall fill the vacancy of the unexpired term in
1895	1895	the same manner as other appointments.]
1896	1896	SECTION 8.086. Section 402.057, Occupations Code, is
1897	1897	amended to read as follows:
1898	1898	Sec. 402.057. PRESIDING OFFICER [OFFICERS]. [(a)] The
1899	1899	presiding officer of the commission [governor] shall designate a
1900	1900	member of the advisory board to serve [committee] as the presiding
1901	1901	officer of the advisory board for a term of [committee to serve in
1902	1902	that capacity at the will of the governor.
1903	1903	[(b) The term of office as an officer of the committee is]
1904	1904	one year. The presiding officer of the advisory board may vote on
1905	1905	any matter before the advisory board.
1906	1906	SECTION 8.087. Section 402.058, Occupations Code, is
1907	1907	amended to read as follows:
1908	1908	Sec. 402.058. MEETINGS. [(a)] The advisory board
1909	1909	[committee] shall meet [hold regular meetings at least twice a
1910	1910	year.
1911	1911	[(b) A special meeting of the committee shall be held] at
1912	1912	the call of the presiding officer of the commission or the executive
1913	1913	director [a majority of the members].
1914	1914	SECTION 8.088. The heading to Subchapter C, Chapter 402,
1915	1915	Occupations Code, is amended to read as follows:
1916	1916	SUBCHAPTER C. [COMMITTEE] POWERS AND DUTIES
1917	1917	SECTION 8.089. Section 402.101, Occupations Code, is
1918	1918	amended to read as follows:
1919	1919	Sec. 402.101. GENERAL POWERS AND DUTIES. (a) The executive
1920	1920	director [With the assistance of the department, the committee]
1921	1921	shall[:
1922	1922	[(1)] administer [, coordinate,] and enforce this
1923	1923	chapter.
1924	1924	(b) The department shall:
1925	1925	(1) [;
1926	1926	[(2)] evaluate the qualifications of applicants;
1927	1927	(2) [(3)] examine applicants; and
1928	1928	(3) [(4)] in connection with a hearing under this
1929	1929	chapter [Section 402.502], issue subpoenas, examine witnesses, and
1930	1930	administer oaths under the laws of this state[; and
1931	1931	[(5) conduct hearings and keep records and minutes
1932	1932	necessary to the orderly administration of this chapter].
1933	1933	SECTION 8.090. Section 402.1021, Occupations Code, is
1934	1934	amended to read as follows:
1935	1935	Sec. 402.1021. [JOINT] RULES FOR HEARING
1936	1936	INSTRUMENTS. With the assistance of the advisory board and the
1937	1937	Speech-Language Pathologists and Audiologists Advisory Board
1938	1938	[department], the commission [committee and the State Board of
1939	1939	Examiners for Speech-Language Pathology and Audiology] shall
1940	1940	[jointly] adopt rules to establish requirements for each sale of a
1941	1941	hearing instrument for purposes of this chapter and Chapter 401.
1942	1942	The rules must:
1943	1943	(1) address:
1944	1944	(A) the information and other provisions
1945	1945	required in each written contract for the purchase of a hearing
1946	1946	instrument;
1947	1947	(B) records that must be retained under this
1948	1948	chapter or Chapter 401; and
1949	1949	(C) guidelines for the 30-day trial period during
1950	1950	which a person may cancel the purchase of a hearing instrument; and
1951	1951	(2) require that the written contract and 30-day trial
1952	1952	period information provided to a purchaser of a hearing instrument
1953	1953	be in plain language designed to be easily understood by the average
1954	1954	consumer.
1955	1955	SECTION 8.091. Section 402.1023, Occupations Code, is
1956	1956	amended to read as follows:
1957	1957	Sec. 402.1023. [JOINT] RULES FOR FITTING AND DISPENSING OF
1958	1958	HEARING INSTRUMENTS BY TELEPRACTICE. (a) In this section,
1959	1959	"telepractice" means the use of telecommunications technology by a
1960	1960	license holder for the fitting and dispensing of hearing
1961	1961	instruments.
1962	1962	(b) With the assistance of the advisory board and the
1963	1963	Speech-Language Pathologists and Audiologists Advisory Board
1964	1964	[department], the commission [committee and the State Board of
1965	1965	Examiners for Speech-Language Pathology and Audiology] shall
1966	1966	[jointly] adopt rules to establish requirements for the fitting and
1967	1967	dispensing of hearing instruments by the use of telepractice for
1968	1968	purposes of this chapter and Chapter 401, including rules that
1969	1969	establish the qualifications and duties of license holders who use
1970	1970	telepractice.
1971	1971	SECTION 8.092. The heading to Section 402.103, Occupations
1972	1972	Code, is amended to read as follows:
1973	1973	Sec. 402.103. FALSE, MISLEADING, OR DECEPTIVE [RULES
1974	1974	RESTRICTING] ADVERTISING [OR COMPETITIVE BIDDING].
1975	1975	SECTION 8.093. Section 402.103(c), Occupations Code, is
1976	1976	amended to read as follows:
1977	1977	(c) For purposes of Section 51.204, an [An] advertisement is
1978	1978	false, misleading, or deceptive if the advertisement:
1979	1979	(1) contains a misrepresentation of fact;
1980	1980	(2) contains a false statement as to the license
1981	1981	holder's professional achievements, education, skills, or
1982	1982	qualifications in the hearing instrument dispensing profession;
1983	1983	(3) makes a partial disclosure of relevant fact,
1984	1984	including the advertisement of:
1985	1985	(A) a discounted price of an item without
1986	1986	identifying in the advertisement or at the location of the item:
1987	1987	(i) the specific product being offered at
1988	1988	the discounted price; or
1989	1989	(ii) the usual price of the item; and
1990	1990	(B) the price of a specifically identified
1991	1991	hearing instrument, if more than one hearing instrument appears in
1992	1992	the same advertisement without an accompanying price;
1993	1993	(4) contains a representation that a product
1994	1994	innovation is new, if the product was first offered by the
1995	1995	manufacturer to the general public in this state not less than 12
1996	1996	months before the date of the advertisement;
1997	1997	(5) states that the license holder manufactures
1998	1998	hearing instruments at the license holder's office location unless
1999	1999	the next statement discloses that the instruments are manufactured
2000	2000	by a specified manufacturer and remanufactured by the license
2001	2001	holder; or
2002	2002	(6) contains any other representation, statement, or
2003	2003	claim that is inherently misleading or deceptive.
2004	2004	SECTION 8.094. Sections 402.104(a) and (e), Occupations
2005	2005	Code, are amended to read as follows:
2006	2006	(a) The department [committee] shall develop and maintain
2007	2007	an examination that may include written, oral, or practical
2008	2008	tests. The department shall administer or arrange for the
2009	2009	administration of the examination.
2010	2010	(e) The commission [committee] by rule shall establish the
2011	2011	qualifications for a proctor. The rules must:
2012	2012	(1) require a proctor to be licensed in good standing
2013	2013	as a hearing instrument fitter and dispenser;
2014	2014	(2) specify the number of years a proctor must be
2015	2015	licensed as a hearing instrument fitter and dispenser; and
2016	2016	(3) specify the disciplinary actions or other actions
2017	2017	that disqualify a person from serving as a proctor.
2018	2018	SECTION 8.095. Section 402.152, Occupations Code, is
2019	2019	amended to read as follows:
2020	2020	Sec. 402.152. COMPLAINTS. (a) Each license or permit
2021	2021	holder under this chapter shall at all times prominently display in
2022	2022	the person's place of business a sign containing:
2023	2023	(1) the name, mailing address, e-mail address, and
2024	2024	telephone number of the department [committee]; and
2025	2025	(2) a statement informing consumers that a complaint
2026	2026	against a license or permit holder may be directed to the department
2027	2027	[committee].
2028	2028	(b) Each written contract for services in this state of a
2029	2029	license holder [licensed hearing instrument dispenser] must
2030	2030	contain the department's [committee's] name, mailing address,
2031	2031	e-mail address, and telephone number.
2032	2032	SECTION 8.096. The heading to Section 402.154, Occupations
2033	2033	Code, is amended to read as follows:
2034	2034	Sec. 402.154. CONFIDENTIALITY OF COMPLAINT AND
2035	2035	DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].
2036	2036	SECTION 8.097. Section 402.154, Occupations Code, is
2037	2037	amended by amending Subsection (h), as amended by S.B. 219, Acts of
2038	2038	the 84th Legislature, Regular Session, 2015, and Subsection (i) to
2039	2039	read as follows:
2040	2040	(h) All information and materials subpoenaed or compiled by
2041	2041	the department [committee] in connection with a complaint and
2042	2042	investigation are confidential and not subject to disclosure under
2043	2043	Chapter 552, Government Code, and not subject to disclosure,
2044	2044	discovery, subpoena, or other means of legal compulsion for their
2045	2045	release to anyone other than the department [committee] or its
2046	2046	agents or employees who are involved in discipline of the holder of
2047	2047	a license, except that this information may be disclosed to:
2048	2048	(1) persons involved with the department [committee]
2049	2049	in a disciplinary action against the holder of a license;
2050	2050	(2) professional licensing or disciplinary boards for
2051	2051	the fitting and dispensing of hearing instruments in other
2052	2052	jurisdictions;
2053	2053	(3) peer assistance programs approved by the
2054	2054	commission [executive commissioner] under Chapter 467, Health and
2055	2055	Safety Code;
2056	2056	(4) law enforcement agencies; and
2057	2057	(5) persons engaged in bona fide research, if all
2058	2058	individual-identifying information has been deleted.
2059	2059	(i) The filing of formal charges by the department
2060	2060	[committee] against a holder of a license, the nature of those
2061	2061	charges, disciplinary proceedings of the department, commission,
2062	2062	or executive director [committee], and final disciplinary actions,
2063	2063	including warnings and reprimands, by the department, commission,
2064	2064	or executive director [committee] are not confidential and are
2065	2065	subject to disclosure in accordance with Chapter 552, Government
2066	2066	Code.
2067	2067	SECTION 8.098. Section 402.202(a), Occupations Code, is
2068	2068	amended to read as follows:
2069	2069	(a) To engage in fitting and dispensing hearing instruments
2070	2070	in this state a person must pass an examination required by the
2071	2071	department [committee].
2072	2072	SECTION 8.099. Sections 402.203(a) and (c), Occupations
2073	2073	Code, are amended to read as follows:
2074	2074	(a) An applicant for examination must:
2075	2075	(1) apply to the department in the manner and
2076	2076	[committee] on a form prescribed [provided] by the executive
2077	2077	director [committee];
2078	2078	(2) provide [on the form]:
2079	2079	(A) documentation [sworn evidence] that the
2080	2080	applicant is at least 18 years of [has attained the] age [of
2081	2081	majority] and has graduated from an accredited high school or
2082	2082	equivalent; and
2083	2083	(B) other information determined necessary by
2084	2084	the department [committee]; and
2085	2085	(3) pay any required fees for application and
2086	2086	examination.
2087	2087	(c) The department [committee] may refuse to examine an
2088	2088	applicant who has been convicted of a misdemeanor that involves
2089	2089	moral turpitude or a felony.
2090	2090	SECTION 8.100. Section 402.205(b), Occupations Code, is
2091	2091	amended to read as follows:
2092	2092	(b) An examination shall be conducted in writing and by
2093	2093	other means the department [committee] determines adequate to
2094	2094	ascertain the qualifications of applicants.
2095	2095	SECTION 8.101. Section 402.207, Occupations Code, is
2096	2096	amended to read as follows:
2097	2097	Sec. 402.207. ISSUANCE OF APPRENTICE PERMIT. (a) The
2098	2098	department [committee] shall issue an apprentice permit to fit and
2099	2099	dispense hearing instruments to a temporary training permit holder
2100	2100	who has:
2101	2101	(1) passed all parts of the examination with a score of
2102	2102	70 percent or greater;
2103	2103	(2) paid the required fees; and
2104	2104	(3) met all requirements of this chapter.
2105	2105	(b) An apprentice permit is valid for one year. The
2106	2106	department [committee] may extend the apprentice permit for an
2107	2107	additional period not to exceed one year [six months].
2108	2108	(c) An apprentice permit holder shall work under the
2109	2109	supervision of a license holder [licensed hearing instrument
2110	2110	dispenser] for at least one year. During the apprentice year, the
2111	2111	apprentice permit holder shall complete 20 hours of classroom
2112	2112	continuing education as required by Section 402.303 for a license
2113	2113	holder.
2114	2114	SECTION 8.102. Section 402.208, Occupations Code, is
2115	2115	amended to read as follows:
2116	2116	Sec. 402.208. ISSUANCE OF LICENSE. The department
2117	2117	[committee] shall issue a [hearing instrument dispenser's] license
2118	2118	to an apprentice permit holder when the department [committee] has
2119	2119	received sufficient evidence that the apprentice permit holder has
2120	2120	met all the licensing requirements of this chapter.
2121	2121	SECTION 8.103. Sections 402.209(a), (c), (e), (f), and (i),
2122	2122	Occupations Code, are amended to read as follows:
2123	2123	(a) A person licensed to fit and dispense hearing
2124	2124	instruments in another state may apply for a license under this
2125	2125	chapter by submitting a completed [an] application on a form
2126	2126	prescribed by the department [committee].
2127	2127	(c) An applicant for a license under this section shall
2128	2128	provide as part of the application:
2129	2129	(1) written verification that the applicant is
2130	2130	licensed in good standing as a fitter and dispenser of hearing
2131	2131	instruments in another state and has held the license for at least
2132	2132	three years preceding the date of application;
2133	2133	(2) written verification that:
2134	2134	(A) the requirements to obtain a license to fit
2135	2135	and dispense hearing instruments in the state in which the
2136	2136	applicant is licensed include passing an examination approved by
2137	2137	the commission [committee] by rule; or
2138	2138	(B) the applicant holds a certification from a
2139	2139	professional organization approved by the commission [committee]
2140	2140	by rule;
2141	2141	(3) a written statement from the licensing entity in
2142	2142	the state in which the applicant is licensed that details any
2143	2143	disciplinary action taken by the entity against the applicant; and
2144	2144	(4) a statement of the applicant's criminal history
2145	2145	acceptable to the department [committee].
2146	2146	(e) If the department approves an application, on the next
2147	2147	regularly scheduled examination date the applicant may take the
2148	2148	practical section of the examination required under Section 402.202
2149	2149	and a written examination of Texas law administered by the
2150	2150	department. If the applicant passes the examinations required
2151	2151	under this section, the department [committee] shall issue to the
2152	2152	applicant a license under this chapter.
2153	2153	(f) The department may allow an applicant under this section
2154	2154	who satisfies all application requirements other than the
2155	2155	requirement under Subsection (c)(2) to take all sections of the
2156	2156	examination required under Section 402.202. If the applicant
2157	2157	passes the examination, the department [committee] shall issue to
2158	2158	the applicant a license under this chapter.
2159	2159	(i) The department [committee] may not issue a license under
2160	2160	this section to an applicant who is a licensed audiologist in
2161	2161	another state. The department [committee] shall inform [refer] the
2162	2162	applicant of [to] the licensing requirements of Chapter 401 [State
2163	2163	Board of Examiners for Speech-Language Pathology and Audiology].
2164	2164	SECTION 8.104. Section 402.210, Occupations Code, is
2165	2165	amended to read as follows:
2166	2166	Sec. 402.210. CRIMINAL HISTORY RECORD INFORMATION
2167	2167	REQUIREMENT FOR LICENSE ISSUANCE. (a) The department [committee]
2168	2168	shall require that an applicant for a license submit a complete and
2169	2169	legible set of fingerprints, on a form prescribed by the department
2170	2170	[committee], to the department [committee] or to the Department of
2171	2171	Public Safety for the purpose of obtaining criminal history record
2172	2172	information from the Department of Public Safety and the Federal
2173	2173	Bureau of Investigation.
2174	2174	(b) The department [committee] may not issue a license to a
2175	2175	person who does not comply with the requirement of Subsection (a).
2176	2176	(c) The department [committee] shall conduct a criminal
2177	2177	history check of each applicant for a license using information:
2178	2178	(1) provided by the individual under this section; and
2179	2179	(2) made available to the department [committee] by
2180	2180	the Department of Public Safety, the Federal Bureau of
2181	2181	Investigation, and any other criminal justice agency under Chapter
2182	2182	411, Government Code.
2183	2183	(d) The department [on behalf of the committee] may:
2184	2184	(1) enter into an agreement with the Department of
2185	2185	Public Safety to administer a criminal history check required under
2186	2186	this section; and
2187	2187	(2) authorize the Department of Public Safety to
2188	2188	collect from each applicant the costs incurred by the Department of
2189	2189	Public Safety in conducting the criminal history check.
2190	2190	SECTION 8.105. Section 402.251, Occupations Code, is
2191	2191	amended to read as follows:
2192	2192	Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS.
2193	2193	(a) The department [committee] shall issue a temporary training
2194	2194	permit to a person who:
2195	2195	(1) has never taken the examination administered under
2196	2196	this chapter;
2197	2197	(2) possesses the qualifications required under
2198	2198	Section 402.203(a);
2199	2199	(3) submits a written application on a form prescribed
2200	2200	[provided] by the department [committee] furnishing documentation
2201	2201	[sworn evidence] that the applicant satisfies the requirements of
2202	2202	Subdivisions (1) and (2); and
2203	2203	(4) pays any required [the temporary training permit]
2204	2204	fee.
2205	2205	(b) The department [committee] may issue a new temporary
2206	2206	training permit under this section to a person on or after the 365th
2207	2207	day after the person's previous temporary training permit expired.
2208	2208	SECTION 8.106. Section 402.252, Occupations Code, is
2209	2209	amended to read as follows:
2210	2210	Sec. 402.252. SUPERVISION STATEMENT [AFFIDAVIT]. (a) An
2211	2211	application for a temporary training permit must be accompanied by
2212	2212	the statement [affidavit] of a person licensed to fit and dispense
2213	2213	hearing instruments under this chapter or Chapter 401, other than a
2214	2214	person licensed under Section 401.311 or 401.312.
2215	2215	(b) The statement must be on a form prescribed by the
2216	2216	department and [affidavit must] state that:
2217	2217	(1) the person will supervise the applicant[, if
2218	2218	granted a temporary training permit, will be supervised by the
2219	2219	affiant] in all work done by the applicant under the temporary
2220	2220	training permit;
2221	2221	(2) the person [affiant] will notify the department
2222	2222	[committee] not later than the 10th day after the date of the
2223	2223	applicant's termination of supervision by the person [affiant]; and
2224	2224	(3) if the person [affiant] is licensed under Chapter
2225	2225	401, the person [affiant] will comply with all provisions of this
2226	2226	chapter and rules adopted under this chapter that relate to the
2227	2227	supervision and training of a temporary training permit holder.
2228	2228	SECTION 8.107. Sections 402.253(b) and (c), Occupations
2229	2229	Code, are amended to read as follows:
2230	2230	(b) A temporary training permit automatically expires on
2231	2231	the first anniversary of the date of issuance unless the department
2232	2232	[committee] extends the permit for an additional period not to
2233	2233	exceed one year [six months].
2234	2234	(c) The department [committee] may not extend a temporary
2235	2235	training permit more than once.
2236	2236	SECTION 8.108. Section 402.254(a), Occupations Code, is
2237	2237	amended to read as follows:
2238	2238	(a) The commission by rule [committee] shall establish
2239	2239	formal and practical education guidelines for the training of
2240	2240	temporary training permit holders.
2241	2241	SECTION 8.109. Section 402.255(d), Occupations Code, is
2242	2242	amended to read as follows:
2243	2243	(d) The supervisor shall maintain a log of the contact hours
2244	2244	by practicum category on a form prescribed [provided] by the
2245	2245	department [committee]. After the temporary training permit holder
2246	2246	has completed 150 contact hours, the supervisor and the permit
2247	2247	holder shall sign the form, and the form shall be notarized and
2248	2248	mailed to the department [committee].
2249	2249	SECTION 8.110. Section 402.256, Occupations Code, is
2250	2250	amended to read as follows:
2251	2251	Sec. 402.256. AUTHORITY OF TEMPORARY TRAINING PERMIT
2252	2252	HOLDER. (a) A temporary training permit holder may provide routine
2253	2253	fitting and dispensing of hearing instruments that have [has] been
2254	2254	ordered by the supervisor. The supervisor is the sole judge of
2255	2255	whether the permit holder has the qualifications necessary to
2256	2256	perform routine fitting and dispensing. A supervisor is
2257	2257	accountable to the department [committee] for the actions and
2258	2258	misdeeds of a temporary training permit holder acting at the
2259	2259	supervisor's discretion.
2260	2260	(b) A temporary training permit holder may not:
2261	2261	(1) own, manage, or independently operate a business
2262	2262	that engages in the fitting or sale of hearing instruments; or
2263	2263	(2) advertise or otherwise represent that the permit
2264	2264	holder holds a license under this chapter [as a hearing instrument
2265	2265	dispenser].
2266	2266	SECTION 8.111. Sections 402.257(a), (c), and (d),
2267	2267	Occupations Code, are amended to read as follows:
2268	2268	(a) On the request of a supervisor or temporary training
2269	2269	permit holder, the department [committee] may approve a transfer of
2270	2270	a permit holder from the permit holder's supervisor to another
2271	2271	eligible supervisor before completion of the training.
2272	2272	(c) The department [committee] may approve a second
2273	2273	transfer request before completion of the training only under
2274	2274	exceptional circumstances. The department [committee] may not
2275	2275	approve more than two transfers.
2276	2276	(d) If a transfer is approved, credit may be transferred at
2277	2277	the discretion of the department [committee].
2278	2278	SECTION 8.112. Sections 402.301(a) and (f), Occupations
2279	2279	Code, are amended to read as follows:
2280	2280	(a) A license under this chapter is valid for two
2281	2281	years. The department [committee] shall renew the license every
2282	2282	two years on payment of the renewal fee unless the license is
2283	2283	suspended or revoked.
2284	2284	(f) The department [committee] may not renew a license
2285	2285	unless the license holder provides proof that all equipment that is
2286	2286	used by the license holder to produce a measurement in the testing
2287	2287	of hearing acuity has been properly calibrated or certified by a
2288	2288	qualified technician.
2289	2289	SECTION 8.113. Sections 402.303(a), (b), (c), (d), and
2290	2290	(e-1), Occupations Code, are amended to read as follows:
2291	2291	(a) The commission [committee] by rule shall adopt
2292	2292	requirements for the continuing education of a license holder,
2293	2293	including online continuing education requirements and a
2294	2294	requirement that a license holder complete 20 hours of continuing
2295	2295	education every two years. The department [committee] may not
2296	2296	renew a license unless the license holder demonstrates compliance
2297	2297	with the continuing education requirements established by the
2298	2298	commission by rule [committee].
2299	2299	(b) A license holder shall provide written proof of
2300	2300	attendance or completion of an approved course on a form prescribed
2301	2301	by the department [committee].
2302	2302	(c) The department [committee] may waive compliance with
2303	2303	the continuing education requirement for license renewal for a
2304	2304	license holder who provides evidence of hardship or inability to
2305	2305	meet the requirement. The waiver may be granted after review by the
2306	2306	department [committee] on an annual basis.
2307	2307	(d) The commission [committee] shall adopt rules to
2308	2308	establish reasonable requirements for continuing education
2309	2309	sponsors and courses and to clearly define what constitutes a
2310	2310	manufacturer or nonmanufacturer sponsor. The department shall
2311	2311	review and approve continuing education sponsor and course
2312	2312	applications. The department may request assistance from licensed
2313	2313	members of the advisory board [committee] in approving a sponsor or
2314	2314	course. The department must provide a list of approved continuing
2315	2315	education sponsors and continuing education courses, including
2316	2316	online courses. The list must be revised and updated
2317	2317	periodically. Any continuing education activity must be provided
2318	2318	by an approved sponsor. The department shall approve at least five
2319	2319	hours of specific courses each year.
2320	2320	(e-1) The department [committee] must allow a license
2321	2321	holder to report at least 10 hours of online continuing education
2322	2322	credit hours in a single reporting period.
2323	2323	SECTION 8.114. Section 402.304(b), Occupations Code, is
2324	2324	amended to read as follows:
2325	2325	(b) A license holder may be credited with continuing
2326	2326	education credit hours for a published book or article written by
2327	2327	the license holder that contributes to the license holder's
2328	2328	professional competence. The department [continuing education
2329	2329	committee] may grant credit hours based on the degree to which the
2330	2330	published book or article advances knowledge regarding the fitting
2331	2331	and dispensing of hearing instruments. A license holder may claim
2332	2332	in a reporting period not more than five credit hours for
2333	2333	preparation of a publication.
2334	2334	SECTION 8.115. Section 402.305, Occupations Code, is
2335	2335	amended to read as follows:
2336	2336	Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The
2337	2337	department [committee] may renew the license of a license holder
2338	2338	who does not comply with the continuing education requirements of
2339	2339	Section [Sections] 402.303 or 402.304 if the license holder:
2340	2340	(1) was licensed for the first time during the 24
2341	2341	months before the reporting date;
2342	2342	(2) has served in the regular armed forces of the
2343	2343	United States during part of the 24 months before the reporting
2344	2344	date; or
2345	2345	(3) submits proof from an attending physician that the
2346	2346	license holder suffered a serious or disabling illness or physical
2347	2347	disability that prevented compliance with the continuing education
2348	2348	requirements during the 24 months before the reporting date.
2349	2349	SECTION 8.116. Section 402.306, Occupations Code, is
2350	2350	amended to read as follows:
2351	2351	Sec. 402.306. DUPLICATE LICENSE. The department
2352	2352	[committee] shall issue a duplicate license to a license holder
2353	2353	whose license has been lost or destroyed. The department
2354	2354	[committee] may prescribe the procedure and requirements for
2355	2355	issuance of a duplicate license.
2356	2356	SECTION 8.117. Section 402.351, Occupations Code, is
2357	2357	amended to read as follows:
2358	2358	Sec. 402.351. DISPLAY OF LICENSE. A person engaged in
2359	2359	fitting and dispensing hearing instruments shall display the
2360	2360	person's license in a conspicuous place in the person's principal
2361	2361	office and, when required, shall exhibit the license to the
2362	2362	department [committee] or its authorized representative.
2363	2363	SECTION 8.118. Section 402.353(c), Occupations Code, is
2364	2364	amended to read as follows:
2365	2365	(c) The commission [committee] shall adopt rules necessary
2366	2366	to enforce this section.
2367	2367	SECTION 8.119. Section 402.401, Occupations Code, is
2368	2368	amended to read as follows:
2369	2369	Sec. 402.401. TRIAL PERIOD. The commission by rule
2370	2370	[committee] shall establish guidelines for a 30-day trial period
2371	2371	during which a person may cancel the purchase of a hearing
2372	2372	instrument.
2373	2373	SECTION 8.120. Section 402.403, Occupations Code, is
2374	2374	amended to read as follows:
2375	2375	Sec. 402.403. WRITTEN CONTRACT. The owner of a hearing
2376	2376	instrument fitting and dispensing practice shall ensure that each
2377	2377	client receives a written contract at the time of purchase of a
2378	2378	hearing instrument that contains:
2379	2379	(1) the signature of the license holder who dispensed
2380	2380	the hearing instrument;
2381	2381	(2) the printed name of the license holder who
2382	2382	dispensed the hearing instrument;
2383	2383	(3) the address of the principal office of the license
2384	2384	holder who dispensed the hearing instrument;
2385	2385	(4) the license number of the license holder who
2386	2386	dispensed the hearing instrument;
2387	2387	(5) a description of the make and model of the hearing
2388	2388	instrument;
2389	2389	(6) the amount charged for the hearing instrument;
2390	2390	(7) a statement of whether the hearing instrument is
2391	2391	new, used, or rebuilt;
2392	2392	(8) notice of the 30-day trial period under Section
2393	2393	402.401; and
2394	2394	(9) the name, mailing address, e-mail address, and
2395	2395	telephone number of the department [committee].
2396	2396	SECTION 8.121. Section 402.404, Occupations Code, is
2397	2397	amended to read as follows:
2398	2398	Sec. 402.404. SURETY BONDING. (a) A sole proprietor,
2399	2399	partnership, corporation, or other legal entity engaged in the
2400	2400	fitting and dispensing of hearing instruments shall file with the
2401	2401	department [committee] security in a form provided by Subsection
2402	2402	(b) in the amount of $10,000 and conditioned on the promise to pay
2403	2403	all:
2404	2404	(1) taxes and contributions owed to the state and
2405	2405	political subdivisions of the state by the entity; and
2406	2406	(2) judgments that the entity may be required to pay
2407	2407	for:
2408	2408	(A) negligently or improperly dispensing hearing
2409	2409	instruments; or
2410	2410	(B) breaching a contract relating to the
2411	2411	dispensing of hearing instruments.
2412	2412	(b) The security may be a bond, a cash deposit, or another
2413	2413	negotiable security acceptable to the department [committee].
2414	2414	(c) A bond required by this section remains in effect until
2415	2415	canceled by action of the surety, the principal, or the department
2416	2416	[committee]. A person must take action on the bond not later than
2417	2417	the third anniversary of the date the bond is canceled.
2418	2418	SECTION 8.122. Section 402.451(a), Occupations Code, is
2419	2419	amended to read as follows:
2420	2420	(a) A person may not:
2421	2421	(1) buy, sell, or fraudulently obtain a license or aid
2422	2422	another person to do so;
2423	2423	(2) alter a license with the intent to defraud;
2424	2424	(3) wilfully make a false statement in an application
2425	2425	to the department [committee] for a license, a temporary training
2426	2426	permit, or the renewal of a license;
2427	2427	(4) falsely impersonate a license holder;
2428	2428	(5) engage in the fitting and dispensing of hearing
2429	2429	instruments when the person's license is suspended or revoked;
2430	2430	(6) dispense or fit a hearing instrument on a person
2431	2431	who has ordered the hearing instrument or device by mail unless the
2432	2432	person dispensing or fitting is a license holder under this chapter
2433	2433	or under Chapter 401; or
2434	2434	(7) sell a hearing instrument by mail.
2435	2435	SECTION 8.123. Section 402.501, Occupations Code, as
2436	2436	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2437	2437	2015, is amended to read as follows:
2438	2438	Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
2439	2439	ACTION. The commission or executive director [committee] may
2440	2440	refuse to issue or renew a license, revoke or suspend a license or
2441	2441	permit, place on probation a person whose license or permit has been
2442	2442	suspended, or reprimand a license or permit holder who:
2443	2443	(1) makes a material misstatement in furnishing
2444	2444	information to the department [committee] or to another state or
2445	2445	federal agency;
2446	2446	(2) violates this chapter or a rule adopted under this
2447	2447	chapter;
2448	2448	(3) is convicted of a felony or misdemeanor that
2449	2449	includes dishonesty as an essential element or of a crime directly
2450	2450	related to the practice of fitting and dispensing hearing
2451	2451	instruments;
2452	2452	(4) makes a misrepresentation for the purpose of
2453	2453	obtaining or renewing a license, including falsifying the
2454	2454	educational requirements under this chapter;
2455	2455	(5) is professionally incompetent or engages in
2456	2456	malpractice or dishonorable, unethical, or unprofessional conduct
2457	2457	that is likely to deceive, defraud, or harm the public;
2458	2458	(6) aids or assists another person in violating this
2459	2459	chapter or a rule adopted under this chapter;
2460	2460	(7) does not provide information in response to a
2461	2461	written request made by the department within 60 days;
2462	2462	(8) directly or indirectly knowingly employs, hires,
2463	2463	procures, or induces a person not licensed under this chapter to fit
2464	2464	and dispense hearing instruments unless the person is exempt under
2465	2465	this chapter;
2466	2466	(9) aids a person not licensed under this chapter in
2467	2467	the fitting or dispensing of hearing instruments unless the person
2468	2468	is exempt under this chapter;
2469	2469	(10) is habitually intoxicated or addicted to a
2470	2470	controlled substance;
2471	2471	(11) directly or indirectly gives to or receives from
2472	2472	a person a fee, commission, rebate, or other form of compensation
2473	2473	for a service not actually provided;
2474	2474	(12) violates a term of probation;
2475	2475	(13) wilfully makes or files a false record or report;
2476	2476	(14) has a physical illness that results in the
2477	2477	inability to practice the profession with reasonable judgment,
2478	2478	skill, or safety, including the deterioration or loss of motor
2479	2479	skills through aging;
2480	2480	(15) solicits a service by advertising that is false
2481	2481	or misleading;
2482	2482	(16) participates in subterfuge or misrepresentation
2483	2483	in the fitting or dispensing of a hearing instrument;
2484	2484	(17) knowingly advertises for sale a model or type of
2485	2485	hearing instrument that cannot be purchased;
2486	2486	(18) falsely represents that the service of a licensed
2487	2487	physician or other health professional will be used or made
2488	2488	available in the fitting, adjustment, maintenance, or repair of a
2489	2489	hearing instrument;
2490	2490	(19) falsely uses the term "doctor," "audiologist,"
2491	2491	"clinic," "clinical audiologist," "state licensed," "state
2492	2492	certified," "licensed hearing instrument dispenser," "board
2493	2493	certified hearing instrument specialist," "hearing instrument
2494	2494	specialist," or "certified hearing aid audiologist," or uses any
2495	2495	other term, abbreviation, or symbol that falsely gives the
2496	2496	impression that:
2497	2497	(A) a service is being provided by a person who is
2498	2498	licensed or has been awarded a degree or title; or
2499	2499	(B) the person providing a service has been
2500	2500	recommended by a government agency or health provider;
2501	2501	(20) advertises a manufacturer's product or uses a
2502	2502	manufacturer's name or trademark in a way that implies a
2503	2503	relationship between a license or permit holder and a manufacturer
2504	2504	that does not exist;
2505	2505	(21) directly or indirectly gives or offers to give,
2506	2506	or permits or causes to be given, money or another thing of value to
2507	2507	a person who advises others in a professional capacity as an
2508	2508	inducement to influence the person to influence the others to:
2509	2509	(A) purchase or contract to purchase products
2510	2510	sold or offered for sale by the license or permit holder; or
2511	2511	(B) refrain from purchasing or contracting to
2512	2512	purchase products sold or offered for sale by another license or
2513	2513	permit holder under this chapter;
2514	2514	(22) with fraudulent intent fits and dispenses a
2515	2515	hearing instrument under any name, including a false name or alias;
2516	2516	(23) does not adequately provide for the service or
2517	2517	repair of a hearing instrument fitted and sold by the license
2518	2518	holder; or
2519	2519	(24) violates a regulation of the federal Food and
2520	2520	Drug Administration or the Federal Trade Commission relating to
2521	2521	hearing instruments.
2522	2522	SECTION 8.124. The heading to Section 402.551, Occupations
2523	2523	Code, is amended to read as follows:
2524	2524	Sec. 402.551. AMOUNT OF ADMINISTRATIVE PENALTY.
2525	2525	SECTION 8.125. Section 402.551(b), Occupations Code, is
2526	2526	amended to read as follows:
2527	2527	(b) The amount of an [the] administrative penalty imposed
2528	2528	for a violation of this chapter or a rule adopted or order issued
2529	2529	under this chapter may not exceed $250 plus costs for the first
2530	2530	violation and $1,000 plus costs for each subsequent violation.
2531	2531	SECTION 8.126. Section 402.5521, Occupations Code, is
2532	2532	amended to read as follows:
2533	2533	Sec. 402.5521. [COMMITTEE-ORDERED] REFUND FOR HEARING
2534	2534	INSTRUMENT. The commission or executive director [committee] may
2535	2535	order a license holder to pay a refund to a consumer who returns a
2536	2536	hearing instrument during the 30-day trial period required by rules
2537	2537	adopted under Section 402.1021.
2538	2538	SECTION 8.127. Section 402.553(a), Occupations Code, is
2539	2539	amended to read as follows:
2540	2540	(a) A person who violates this chapter or a rule adopted or
2541	2541	order issued [adopted by the committee] under this chapter is
2542	2542	liable for a civil penalty not to exceed $5,000 a day.
2543	2543	SECTION 8.128. Section 451.001, Occupations Code, is
2544	2544	amended by amending Subdivision (2), amending Subdivisions (5) and
2545	2545	(6), as amended by S.B. 219, Acts of the 84th Legislature, Regular
2546	2546	Session, 2015, and adding Subdivision (7) to read as follows:
2547	2547	(2) "Athletic trainer" means a person who practices
2548	2548	athletic training, is licensed by the department [board], and may
2549	2549	use the initials "LAT," "LATC," and "AT" to designate the person as
2550	2550	an athletic trainer. The terms "sports trainer" and "licensed
2551	2551	athletic trainer" are equivalent to "athletic trainer."
2552	2552	(5) "Commission" ["Commissioner"] means the Texas
2553	2553	Commission of Licensing and Regulation [commissioner of state
2554	2554	health services].
2555	2555	(6) "Department" means the Texas Department of
2556	2556	Licensing and Regulation [State Health Services].
2557	2557	(7) "Executive director" means the executive director
2558	2558	of the department.
2559	2559	SECTION 8.129. Section 451.003, Occupations Code, as
2560	2560	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2561	2561	2015, is amended to read as follows:
2562	2562	Sec. 451.003. APPLICABILITY. This chapter does not apply
2563	2563	to:
2564	2564	(1) a physician licensed by the Texas Medical Board;
2565	2565	(2) a dentist, licensed under the laws of this state,
2566	2566	engaged in the practice of dentistry;
2567	2567	(3) a licensed optometrist or therapeutic optometrist
2568	2568	engaged in the practice of optometry or therapeutic optometry as
2569	2569	defined by statute;
2570	2570	(4) an occupational therapist engaged in the practice
2571	2571	of occupational therapy;
2572	2572	(5) a nurse engaged in the practice of nursing;
2573	2573	(6) a licensed podiatrist engaged in the practice of
2574	2574	podiatry as defined by statute;
2575	2575	(7) a physical therapist engaged in the practice of
2576	2576	physical therapy;
2577	2577	(8) a registered massage therapist engaged in the
2578	2578	practice of massage therapy;
2579	2579	(9) a commissioned or contract physician, physical
2580	2580	therapist, or physical therapist assistant in the United States
2581	2581	Army, Navy, Air Force, or Public Health Service; or
2582	2582	(10) an athletic trainer who does not live in this
2583	2583	state, who is licensed, registered, or certified by an authority
2584	2584	recognized by the department [board], and who provides athletic
2585	2585	training in this state for a period determined by the department
2586	2586	[board].
2587	2587	SECTION 8.130. Section 451.051(b), Occupations Code, is
2588	2588	amended to read as follows:
2589	2589	(b) The board consists of five members appointed by the
2590	2590	presiding officer of the commission [governor] with the approval
2591	2591	[advice and consent] of the commission [senate] as follows:
2592	2592	(1) three members who are athletic trainers; and
2593	2593	(2) two members who represent the public.
2594	2594	SECTION 8.131. Subchapter B, Chapter 451, Occupations Code,
2595	2595	is amended by adding Section 451.0521 to read as follows:
2596	2596	Sec. 451.0521. DUTIES OF BOARD. The board shall provide
2597	2597	advice and recommendations to the department on technical matters
2598	2598	relevant to the administration of this chapter.
2599	2599	SECTION 8.132. Section 451.053(b), Occupations Code, is
2600	2600	amended to read as follows:
2601	2601	(b) If a vacancy occurs on the board, the presiding officer
2602	2602	of the commission, with the commission's approval, [governor] shall
2603	2603	appoint a replacement who meets the qualifications for the vacant
2604	2604	position [successor] to serve for the unexpired portion of the
2605	2605	term.
2606	2606	SECTION 8.133. Section 451.055, Occupations Code, is
2607	2607	amended to read as follows:
2608	2608	Sec. 451.055. PRESIDING OFFICER [OFFICERS]. (a) The
2609	2609	presiding officer of the commission [governor] shall designate a
2610	2610	member of the board [as the board's presiding officer] to serve as
2611	2611	the presiding officer of the board for [in that capacity at the will
2612	2612	of the governor. The board shall elect an assistant presiding
2613	2613	officer and secretary-treasurer from its members. The assistant
2614	2614	presiding officer and secretary-treasurer serve] a one-year term.
2615	2615	The presiding officer of the board may vote on any matter before the
2616	2616	board.
2617	2617	SECTION 8.134. Section 451.056, Occupations Code, is
2618	2618	amended to read as follows:
2619	2619	Sec. 451.056. MEETINGS. The board shall meet at [least
2620	2620	twice a year. The board may hold additional meetings on] the call
2621	2621	of the presiding officer of the commission or the executive
2622	2622	director [at the written request of any three members of the board].
2623	2623	SECTION 8.135. The heading to Subchapter C, Chapter 451,
2624	2624	Occupations Code, is amended to read as follows:
2625	2625	SUBCHAPTER C. [BOARD] POWERS AND DUTIES
2626	2626	SECTION 8.136. Section 451.101, Occupations Code, is
2627	2627	amended by amending Subsection (a) and adding Subsections (a-1) and
2628	2628	(a-2) to read as follows:
2629	2629	(a) The executive director shall administer and enforce
2630	2630	this chapter.
2631	2631	(a-1) The department [board] shall:
2632	2632	(1) adopt an official seal;
2633	2633	(2) prescribe the application form for a license
2634	2634	applicant;
2635	2635	(3) prescribe a suitable form for a license
2636	2636	certificate; [and]
2637	2637	(4) prepare and conduct an examination for license
2638	2638	applicants;
2639	2639	(5) maintain a complete record of all licensed
2640	2640	athletic trainers; and
2641	2641	(6) annually prepare a roster showing the names and
2642	2642	addresses of all licensed athletic trainers.
2643	2643	(a-2) The department shall make a copy of the roster
2644	2644	available to any person requesting it on payment of a fee
2645	2645	established by the department in an amount sufficient to cover the
2646	2646	cost of the roster.
2647	2647	SECTION 8.137. The heading to Section 451.110, Occupations
2648	2648	Code, is amended to read as follows:
2649	2649	Sec. 451.110. CONFIDENTIALITY OF COMPLAINT AND
2650	2650	DISCIPLINARY INFORMATION [SUBPOENAS].
2651	2651	SECTION 8.138. Sections 451.110(h) and (i), Occupations
2652	2652	Code, are amended to read as follows:
2653	2653	(h) All information and materials subpoenaed or compiled by
2654	2654	the department [board] in connection with a complaint and
2655	2655	investigation are confidential and not subject to disclosure under
2656	2656	Chapter 552, Government Code, and not subject to disclosure,
2657	2657	discovery, subpoena, or other means of legal compulsion for their
2658	2658	release to anyone other than the department [board] or its
2659	2659	employees or agents involved in discipline of the holder of a
2660	2660	license, except that this information may be disclosed to:
2661	2661	(1) persons involved with the department [board] in a
2662	2662	disciplinary action against the holder of a license;
2663	2663	(2) athletic trainer licensing or disciplinary boards
2664	2664	in other jurisdictions;
2665	2665	(3) peer assistance programs approved by the
2666	2666	commission [board] under Chapter 467, Health and Safety Code;
2667	2667	(4) law enforcement agencies; and
2668	2668	(5) persons engaged in bona fide research, if all
2669	2669	individual-identifying information has been deleted.
2670	2670	(i) The filing of formal charges by the department [board]
2671	2671	against a holder of a license, the nature of those charges,
2672	2672	disciplinary proceedings of the department, commission, or
2673	2673	executive director [board], and final disciplinary actions,
2674	2674	including warnings and reprimands, by the department, commission,
2675	2675	or executive director [board] are not confidential and are subject
2676	2676	to disclosure in accordance with Chapter 552, Government Code.
2677	2677	SECTION 8.139. Section 451.152, Occupations Code, is
2678	2678	amended to read as follows:
2679	2679	Sec. 451.152. LICENSE APPLICATION. An applicant for an
2680	2680	athletic trainer license must submit to the department [board]:
2681	2681	(1) an application in the manner and on a form
2682	2682	prescribed by the executive director [board]; and
2683	2683	(2) the required examination fee.
2684	2684	SECTION 8.140. Section 451.153, Occupations Code, is
2685	2685	amended to read as follows:
2686	2686	Sec. 451.153. APPLICANT QUALIFICATIONS. (a) An applicant
2687	2687	for an athletic trainer license must:
2688	2688	(1) have met the athletic training curriculum
2689	2689	requirements of a college or university approved by the commission
2690	2690	[board] and give proof of graduation;
2691	2691	(2) hold a degree or certificate in physical therapy
2692	2692	and have completed:
2693	2693	(A) a basic athletic training course from an
2694	2694	accredited college or university; and
2695	2695	(B) an apprenticeship described by Subsection
2696	2696	(b); or
2697	2697	(3) have a degree in corrective therapy with at least a
2698	2698	minor in physical education or health that includes a basic
2699	2699	athletic training course and meet the apprenticeship requirement or
2700	2700	any other requirement established by the commission [board].
2701	2701	(b) The apprenticeship required to be completed by an
2702	2702	applicant consists of 720 hours completed in two years under the
2703	2703	direct supervision of a licensed athletic trainer acceptable to the
2704	2704	department [board]. Actual working hours include a minimum of 20
2705	2705	hours a week during each fall semester.
2706	2706	SECTION 8.141. Section 451.156, Occupations Code, is
2707	2707	amended to read as follows:
2708	2708	Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An
2709	2709	applicant for an athletic trainer license is entitled to receive
2710	2710	the license if the applicant:
2711	2711	(1) satisfies the requirements of Section 451.153 or
2712	2712	451.154;
2713	2713	(2) passes [satisfactorily completes] the examination
2714	2714	required [administered] by the department [board];
2715	2715	(3) pays the required license fee; and
2716	2716	(4) has not committed an act that constitutes grounds
2717	2717	for refusal of a license under Section 451.251.
2718	2718	SECTION 8.142. Section 451.157, Occupations Code, is
2719	2719	amended to read as follows:
2720	2720	Sec. 451.157. TEMPORARY LICENSE. (a) The department
2721	2721	[board] may issue a temporary license to an applicant if the
2722	2722	applicant satisfies:
2723	2723	(1) the requirements of Section 451.153 or 451.154;
2724	2724	and
2725	2725	(2) any other requirement established by the
2726	2726	commission [board].
2727	2727	(b) The commission [board] by rule shall prescribe the time
2728	2728	during which a temporary license is valid.
2729	2729	SECTION 8.143. The heading to Section 451.201, Occupations
2730	2730	Code, is amended to read as follows:
2731	2731	Sec. 451.201. LICENSE EXPIRATION; RENEWAL.
2732	2732	SECTION 8.144. Section 451.201(a), Occupations Code, as
2733	2733	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2734	2734	2015, is amended to read as follows:
2735	2735	(a) A license issued under Section 451.156 expires on the
2736	2736	second anniversary of the date of issuance and may be renewed
2737	2737	biennially.
2738	2738	SECTION 8.145. Section 451.251(a), Occupations Code, is
2739	2739	amended to read as follows:
2740	2740	(a) The commission or executive director [board] may refuse
2741	2741	to issue a license to an applicant and shall reprimand a license
2742	2742	holder or suspend, revoke, or refuse to renew a person's license if
2743	2743	the person:
2744	2744	(1) has been convicted of a misdemeanor involving
2745	2745	moral turpitude or a felony;
2746	2746	(2) obtained the license by fraud or deceit;
2747	2747	(3) violated or conspired to violate this chapter or a
2748	2748	rule adopted under this chapter; or
2749	2749	(4) provided services outside the scope of practice of
2750	2750	athletic training.
2751	2751	SECTION 8.146. The heading to Section 451.351, Occupations
2752	2752	Code, is amended to read as follows:
2753	2753	Sec. 451.351. AMOUNT [IMPOSITION] OF ADMINISTRATIVE
2754	2754	PENALTY.
2755	2755	SECTION 8.147. Section 451.351(c), Occupations Code, is
2756	2756	amended to read as follows:
2757	2757	(c) The amount of an administrative [the] penalty imposed
2758	2758	for a violation of this chapter or a rule adopted or order issued
2759	2759	under this chapter may not exceed $500 for each violation, and each
2760	2760	day a violation continues or occurs is a separate violation for
2761	2761	purposes of imposing a penalty. The total amount of the penalty
2762	2762	assessed for a violation continuing or occurring on separate days
2763	2763	under this subsection may not exceed $2,500.
2764	2764	SECTION 8.148. Section 605.002, Occupations Code, is
2765	2765	amended by amending Subdivision (1), amending Subdivision (5), as
2766	2766	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2767	2767	2015, and adding Subdivisions (2) and (5-a) to read as follows:
2768	2768	(1) "Advisory board" ["Board"] means the Orthotists
2769	2769	and Prosthetists Advisory [Texas] Board [of Orthotics and
2770	2770	Prosthetics].
2771	2771	(2) "Commission" means the Texas Commission of
2772	2772	Licensing and Regulation.
2773	2773	(5) "Department" means the Texas Department of
2774	2774	Licensing and Regulation [State Health Services].
2775	2775	(5-a) "Executive director" means the executive
2776	2776	director of the department.
2777	2777	SECTION 8.149. The heading to Subchapter B, Chapter 605,
2778	2778	Occupations Code, is amended to read as follows:
2779	2779	SUBCHAPTER B. ORTHOTISTS AND PROSTHETISTS ADVISORY [TEXAS] BOARD
2780	2780	[OF ORTHOTICS AND PROSTHETICS]
2781	2781	SECTION 8.150. Section 605.052, Occupations Code, is
2782	2782	amended to read as follows:
2783	2783	Sec. 605.052. ADVISORY [APPOINTMENT OF] BOARD [;]
2784	2784	MEMBERSHIP. (a) The advisory board consists of seven members
2785	2785	appointed by the presiding officer of the commission [governor]
2786	2786	with the approval [advice and consent] of the commission [senate]
2787	2787	as follows:
2788	2788	(1) one licensed orthotist member who has practiced
2789	2789	orthotics for the five years preceding the date of appointment;
2790	2790	(2) one licensed prosthetist member who has practiced
2791	2791	prosthetics for the five years preceding the date of appointment;
2792	2792	(3) one licensed prosthetist orthotist member who has
2793	2793	practiced orthotics and prosthetics for the five years preceding
2794	2794	the date of appointment;
2795	2795	(4) one member who is a representative of the public
2796	2796	who uses an orthosis;
2797	2797	(5) one member who is a representative of the public
2798	2798	who uses a prosthesis; and
2799	2799	(6) two members who are representatives of the public
2800	2800	who do not use an orthosis or prosthesis.
2801	2801	(b) Appointments to the advisory board shall be made without
2802	2802	regard to the race, color, disability, sex, religion, age, or
2803	2803	national origin of the appointee.
2804	2804	SECTION 8.151. Subchapter B, Chapter 605, Occupations Code,
2805	2805	is amended by adding Section 605.0521 to read as follows:
2806	2806	Sec. 605.0521. DUTIES OF ADVISORY BOARD. The advisory
2807	2807	board shall provide advice and recommendations to the department on
2808	2808	technical matters relevant to the administration of this chapter.
2809	2809	SECTION 8.152. Section 605.055, Occupations Code, is
2810	2810	amended to read as follows:
2811	2811	Sec. 605.055. TERMS; VACANCY. (a) Members of the advisory
2812	2812	board serve staggered six-year terms. The terms of two or three
2813	2813	members expire on February 1 of each odd-numbered year.
2814	2814	(b) If a vacancy occurs during a member's term, the
2815	2815	presiding officer of the commission, with the commission's
2816	2816	approval, [governor] shall appoint a replacement who meets the
2817	2817	qualifications for the vacant position [person] to serve for the
2818	2818	remainder of the term.
2819	2819	SECTION 8.153. Section 605.056, Occupations Code, is
2820	2820	amended to read as follows:
2821	2821	Sec. 605.056. PRESIDING OFFICER [OFFICERS]. The presiding
2822	2822	officer of the commission [members of the board] shall designate a
2823	2823	member of the advisory board to serve as the [elect from the board's
2824	2824	membership a] presiding officer of the advisory board for a term of
2825	2825	one year. The presiding officer of the advisory board may vote on
2826	2826	any matter before the advisory board [, a secretary, and other
2827	2827	officers as required to conduct the board's business].
2828	2828	SECTION 8.154. Section 605.059(b), Occupations Code, is
2829	2829	amended to read as follows:
2830	2830	(b) The advisory [A special meeting of the] board shall meet
2831	2831	at the call of [be called by] the presiding officer of the
2832	2832	commission or the executive director [or on the written request of
2833	2833	any three members].
2834	2834	SECTION 8.155. Section 605.151, Occupations Code, is
2835	2835	amended to read as follows:
2836	2836	Sec. 605.151. GENERAL POWERS AND DUTIES [OF BOARD]. The
2837	2837	executive director shall administer and enforce this chapter [board
2838	2838	may:
2839	2839	[(1) investigate complaints;
2840	2840	[(2) issue, suspend, deny, and revoke licenses;
2841	2841	[(3) reprimand license holders and place license
2842	2842	holders on probation;
2843	2843	[(4) in connection with a hearing under Section
2844	2844	605.353, issue subpoenas;
2845	2845	[(5) hold hearings; and
2846	2846	[(6) use personnel, facilities, furniture, equipment,
2847	2847	and other items supplied by the department to administer this
2848	2848	chapter].
2849	2849	SECTION 8.156. Section 605.155, Occupations Code, is
2850	2850	amended to read as follows:
2851	2851	Sec. 605.155. EXAMINATIONS. The department [board] must
2852	2852	approve any examination required for a license under this chapter.
2853	2853	Each examination shall be offered at least once each year.
2854	2854	SECTION 8.157. The heading to Subchapter E, Chapter 605,
2855	2855	Occupations Code, is amended to read as follows:
2856	2856	SUBCHAPTER E. [PUBLIC INTEREST INFORMATION AND] COMPLAINT
2857	2857	INFORMATION [PROCEDURES]
2858	2858	SECTION 8.158. The heading to Section 605.2021, Occupations
2859	2859	Code, is amended to read as follows:
2860	2860	Sec. 605.2021. CONFIDENTIALITY OF COMPLAINT AND
2861	2861	DISCIPLINARY INFORMATION [SUBPOENAS].
2862	2862	SECTION 8.159. Sections 605.2021(h) and (i), Occupations
2863	2863	Code, are amended to read as follows:
2864	2864	(h) All information and materials subpoenaed or compiled by
2865	2865	the department [board] in connection with a complaint and
2866	2866	investigation are confidential and not subject to disclosure under
2867	2867	Chapter 552, Government Code, and not subject to disclosure,
2868	2868	discovery, subpoena, or other means of legal compulsion for their
2869	2869	release to anyone other than the department [board] or its
2870	2870	employees or agents involved in discipline of the holder of a
2871	2871	license, except that this information may be disclosed to:
2872	2872	(1) persons involved with the department [board] in a
2873	2873	disciplinary action against the holder of a license;
2874	2874	(2) professional orthotist or prosthetist
2875	2875	disciplinary boards in other jurisdictions;
2876	2876	(3) peer assistance programs approved by the
2877	2877	commission [board] under Chapter 467, Health and Safety Code;
2878	2878	(4) law enforcement agencies; and
2879	2879	(5) persons engaged in bona fide research, if all
2880	2880	individual-identifying information has been deleted.
2881	2881	(i) The filing of formal charges by the department [board]
2882	2882	against a holder of a license, the nature of those charges,
2883	2883	disciplinary proceedings of the department, commission, or
2884	2884	executive director [board], and final disciplinary actions,
2885	2885	including warnings and reprimands, by the department, commission,
2886	2886	or executive director [board] are not confidential and are subject
2887	2887	to disclosure in accordance with Chapter 552, Government Code.
2888	2888	SECTION 8.160. Section 605.251, Occupations Code, is
2889	2889	amended to read as follows:
2890	2890	Sec. 605.251. LICENSE REQUIRED. A person may not practice,
2891	2891	attempt to practice, or offer to practice orthotics or prosthetics,
2892	2892	act as an assistant to a person who practices orthotics or
2893	2893	prosthetics, or in any way hold the person out as being able to
2894	2894	practice orthotics or prosthetics unless the person holds a license
2895	2895	[issued by the board] under this chapter.
2896	2896	SECTION 8.161. Section 605.252, Occupations Code, is
2897	2897	amended to read as follows:
2898	2898	Sec. 605.252. LICENSE ELIGIBILITY. (a) To be eligible for
2899	2899	a license to practice orthotics or prosthetics in this state, a
2900	2900	person must:
2901	2901	(1) submit an [file a written] application in the
2902	2902	manner and [with the board] on the form prescribed by the executive
2903	2903	director [board];
2904	2904	(2) pay the nonrefundable application fee;
2905	2905	(3) be a resident of this state;
2906	2906	(4) have completed formal training, including the
2907	2907	required hours of classroom education and clinical practice, in an
2908	2908	area of study the commission [board] by rule determines to be
2909	2909	necessary and appropriate;
2910	2910	(5) have completed a clinical residency in the
2911	2911	professional area for which a license is sought that complies with
2912	2912	the standards, guidelines, or procedures established by the
2913	2913	department [board] for a clinical residency that is offered in this
2914	2914	state or another state; and
2915	2915	(6) have passed each written and practical examination
2916	2916	approved and required by the department [board].
2917	2917	(b) The requirements for a license established by
2918	2918	commission [board] rule must include the requirement that the
2919	2919	applicant hold:
2920	2920	(1) a bachelor's or graduate degree in orthotics and
2921	2921	prosthetics from:
2922	2922	(A) an education program recognized and
2923	2923	accredited by the Commission on Accreditation of Allied Health
2924	2924	Education Programs that is offered at an institution of higher
2925	2925	education; or
2926	2926	(B) a practitioner education program that has
2927	2927	education standards that are equivalent to or exceed the standards
2928	2928	adopted by the Commission on Accreditation of Allied Health
2929	2929	Education Programs; or
2930	2930	(2) a bachelor's degree in another subject and an
2931	2931	orthotic or prosthetic certificate issued by a practitioner
2932	2932	education program:
2933	2933	(A) recognized and accredited by the Commission
2934	2934	on Accreditation of Allied Health Education Programs; or
2935	2935	(B) that has education standards that are
2936	2936	equivalent to or exceed the standards adopted by the Commission on
2937	2937	Accreditation of Allied Health Education Programs.
2938	2938	(c) To meet the clinical residency requirements for a
2939	2939	license, the applicant must complete a professional clinical
2940	2940	residency that meets the requirements established by commission
2941	2941	[board] rule and is conducted under the direct supervision of a
2942	2942	licensed orthotist, licensed prosthetist, or a licensed
2943	2943	prosthetist orthotist in the discipline for which licensure is
2944	2944	sought. The clinical residency requirements adopted by the
2945	2945	commission [board] must be equivalent to or exceed the standards
2946	2946	set by the National Commission on Orthotic and Prosthetic
2947	2947	Education.
2948	2948	(d) The department [board] may accept as a substitute for
2949	2949	the examination requirement proof that the license applicant holds
2950	2950	a license in a state that has licensing requirements that are equal
2951	2951	to or exceed the requirements of this chapter.
2952	2952	SECTION 8.162. Sections 605.254(a) and (c), Occupations
2953	2953	Code, are amended to read as follows:
2954	2954	(a) A person is entitled to an exemption from the license
2955	2955	requirements established [by the board] under Section 605.252 if
2956	2956	the person is a resident of this state who [:
2957	2957	[(1) applies for the exemption not later than the
2958	2958	181st day after the date on which the board's initial rules are
2959	2959	finally adopted and:
2960	2960	[(A) has provided comprehensive orthotic or
2961	2961	prosthetic care for at least three years before the date of the
2962	2962	application, including practicing orthotics or prosthetics in this
2963	2963	state for the year preceding that date; or
2964	2964	[(B) has provided comprehensive orthotic and
2965	2965	prosthetic care for at least six years, including practicing
2966	2966	orthotics and prosthetics in this state for the year preceding the
2967	2967	application date; or
2968	2968	[(2)] presents evidence satisfactory to the
2969	2969	department [board] that the person possesses unique qualifications
2970	2970	to practice orthotics, prosthetics, or orthotics and prosthetics.
2971	2971	(c) The department [board] shall issue a license to a person
2972	2972	who is determined to be eligible for a license under Subsection (a)
2973	2973	[or (b)]. A person to whom a license is issued under this
2974	2974	subsection is entitled to the same license privileges as if the
2975	2975	person met the educational and vocational requirements of Section
2976	2976	605.252. The license holder is subject to the license renewal
2977	2977	requirements established by the commission [board], other than the
2978	2978	academic, clinical training, and examination requirements, which
2979	2979	the commission [board] may not impose as a condition of the person's
2980	2980	license.
2981	2981	SECTION 8.163. Sections 605.255(a) and (b), Occupations
2982	2982	Code, are amended to read as follows:
2983	2983	(a) An applicant for a license as an orthotist assistant or
2984	2984	prosthetist assistant must:
2985	2985	(1) submit an application in the manner and [file a
2986	2986	written application with the board] on a form prescribed [provided]
2987	2987	by the executive director [board];
2988	2988	(2) pay the nonrefundable application fee established
2989	2989	[prescribed] by the commission by rule [board]; and
2990	2990	(3) present evidence satisfactory to the department
2991	2991	[board] that the applicant has completed an education program,
2992	2992	including courses in the anatomical, biological, and physical
2993	2993	sciences, and a clinical residency as prescribed and adopted by the
2994	2994	commission by rule [board].
2995	2995	(b) An assistant licensed under this section may provide
2996	2996	only ancillary patient care services, as defined by the commission
2997	2997	by rule [board], in the discipline in which the assistant's
2998	2998	supervisor is licensed under this chapter.
2999	2999	SECTION 8.164. Sections 605.256(a) and (b), Occupations
3000	3000	Code, are amended to read as follows:
3001	3001	(a) The department [board] may issue a license or
3002	3002	registration certificate under this chapter only to an individual.
3003	3003	(b) The department [board] shall issue a license in
3004	3004	orthotics or prosthetics to an applicant who meets the requirements
3005	3005	provided under this chapter. A license may be granted in either
3006	3006	orthotics or prosthetics, or in both, if the person meets the
3007	3007	requirements established by the department [board].
3008	3008	SECTION 8.165. Section 605.257, Occupations Code, is
3009	3009	amended to read as follows:
3010	3010	Sec. 605.257. TEMPORARY LICENSE. (a) The department
3011	3011	[board] may issue a temporary license to an individual who:
3012	3012	(1) has recently become a resident of this state;
3013	3013	(2) has applied for a license as an orthotist,
3014	3014	prosthetist, or both; and
3015	3015	(3) has:
3016	3016	(A) practiced orthotics regularly since January
3017	3017	1, 1996; or
3018	3018	(B) been licensed by the state in which the
3019	3019	person formerly resided if that state has license requirements that
3020	3020	are equal to or exceed the requirements of this chapter.
3021	3021	(b) A temporary license is valid for one year from the date
3022	3022	issued. A temporary license may be renewed for not more than one
3023	3023	additional year if the applicant presents evidence sufficient to
3024	3024	the department [board] of good cause for renewal.
3025	3025	SECTION 8.166. Section 605.258(a), Occupations Code, is
3026	3026	amended to read as follows:
3027	3027	(a) The department [board] may issue a student registration
3028	3028	certificate to an individual who is working toward fulfilling the
3029	3029	requirements for a license as an orthotist, prosthetist, or
3030	3030	prosthetist orthotist and:
3031	3031	(1) holds either:
3032	3032	(A) a bachelor's or graduate degree in orthotics
3033	3033	and prosthetics from:
3034	3034	(i) an education program recognized and
3035	3035	accredited by the Commission on Accreditation of Allied Health
3036	3036	Education Programs that is offered at an institution of higher
3037	3037	education; or
3038	3038	(ii) a practitioner education program that
3039	3039	has education standards that are equivalent to or exceed the
3040	3040	standards adopted by the Commission on Accreditation of Allied
3041	3041	Health Education Programs; or
3042	3042	(B) a bachelor's degree in another subject and an
3043	3043	orthotic or prosthetic certificate issued by a practitioner
3044	3044	education program:
3045	3045	(i) recognized and accredited by the
3046	3046	Commission on Accreditation of Allied Health Education Programs; or
3047	3047	(ii) that has education standards that are
3048	3048	equivalent to or exceed the standards adopted by the Commission on
3049	3049	Accreditation of Allied Health Education Programs; or
3050	3050	(2) is a student who:
3051	3051	(A) is currently enrolled in a graduate program
3052	3052	in this state in orthotics and prosthetics that:
3053	3053	(i) is recognized and accredited by the
3054	3054	Commission on Accreditation of Allied Health Education Programs;
3055	3055	and
3056	3056	(ii) incorporates a professional clinical
3057	3057	residency that meets the requirements of rules adopted under
3058	3058	Section 605.252(c); and
3059	3059	(B) submits to the department [board] a written
3060	3060	certification from the graduate program in which the student is
3061	3061	enrolled that the student has successfully completed the academic
3062	3062	prerequisites to enter a professional clinical residency.
3063	3063	SECTION 8.167. Section 605.259(a), Occupations Code, is
3064	3064	amended to read as follows:
3065	3065	(a) The department [board] may issue a registered orthotic
3066	3066	technician or registered prosthetic technician certificate to an
3067	3067	applicant who:
3068	3068	(1) submits an [files a written] application in the
3069	3069	manner and [with the board] on a form prescribed [provided] by the
3070	3070	executive director [board];
3071	3071	(2) pays the nonrefundable application fee; and
3072	3072	(3) presents evidence satisfactory to the department
3073	3073	[board] that the applicant has completed an education program and
3074	3074	laboratory experience as prescribed by the commission by rule
3075	3075	[board].
3076	3076	SECTION 8.168. Sections 605.260(a), (b), and (c),
3077	3077	Occupations Code, are amended to read as follows:
3078	3078	(a) The commission [board] by rule shall establish
3079	3079	requirements for the accreditation and the renewal of an
3080	3080	accreditation of an orthotic or prosthetic facility in which
3081	3081	orthotics or prosthetics are conducted. The department [board] may
3082	3082	issue an accreditation only to an orthotic or prosthetic facility.
3083	3083	(b) If a person owns more than one facility, the department
3084	3084	[board] may require only one application for the accreditation of
3085	3085	each of the person's facilities. Each orthotic or prosthetic
3086	3086	facility must meet the requirements established by commission rule
3087	3087	[the board].
3088	3088	(c) An orthotic or prosthetic facility must be under the
3089	3089	on-site direction of an orthotist or prosthetist licensed by the
3090	3090	department [board] in the discipline for which accreditation is
3091	3091	sought.
3092	3092	SECTION 8.169. Section 605.261, Occupations Code, is
3093	3093	amended to read as follows:
3094	3094	Sec. 605.261. CONTINUING EDUCATION. (a) The commission
3095	3095	[board] shall:
3096	3096	(1) adopt rules that require a license holder to
3097	3097	participate in an approved continuing education program to renew a
3098	3098	license issued under this chapter; and
3099	3099	(2) prepare or approve continuing education programs
3100	3100	for license holders.
3101	3101	(b) To renew a license under this chapter, an applicant must
3102	3102	submit to the department [board] evidence of satisfactory
3103	3103	completion of the continuing education requirements required by the
3104	3104	commission [board].
3105	3105	(c) The department [board] shall notify a license holder who
3106	3106	has failed to comply with the [board's] continuing education
3107	3107	requirements of the license holder's failure to comply and that
3108	3108	failure to obtain the required continuing education before the
3109	3109	expiration of three months after the date the notice is given
3110	3110	constitutes grounds for the commission or executive director
3111	3111	[board] to suspend or revoke the license holder's license.
3112	3112	SECTION 8.170. Section 605.353, Occupations Code, is
3113	3113	amended to read as follows:
3114	3114	Sec. 605.353. DISCIPLINARY ACTIONS. (a) After notice and
3115	3115	opportunity for a hearing, the commission or executive director
3116	3116	[board] may revoke, suspend, or refuse to renew a license issued
3117	3117	under this chapter on a finding that:
3118	3118	(1) the license was obtained by fraud,
3119	3119	misrepresentation, or concealment of a material fact;
3120	3120	(2) the person engaged in fraud or deceit in
3121	3121	connection with services provided by the person;
3122	3122	(3) the person engaged in unprofessional or unethical
3123	3123	conduct;
3124	3124	(4) the person engaged in gross negligence or
3125	3125	malpractice; or
3126	3126	(5) the person violated this chapter or a rule adopted
3127	3127	under this chapter.
3128	3128	(b) The commission or executive director [board] may
3129	3129	reinstate a license revoked under Subsection (a) after the first
3130	3130	anniversary of the date of the revocation on terms the commission or
3131	3131	executive director [board] determines to be necessary.
3132	3132	SECTION 8.171. Section 605.354(c), Occupations Code, is
3133	3133	amended to read as follows:
3134	3134	(c) The attorney general shall bring an action in the name
3135	3135	of the state at the department's [board's] request to collect a
3136	3136	civil penalty under this section.
3137	3137	SECTION 8.172. Section 605.402(a), Occupations Code, is
3138	3138	amended to read as follows:
3139	3139	(a) The amount of an [the] administrative penalty imposed
3140	3140	for a violation of this chapter or a rule adopted or order issued
3141	3141	under this chapter may not be less than $50 or more than $5,000 for
3142	3142	each violation. Each day a violation continues or occurs is a
3143	3143	separate violation for the purpose of imposing a penalty.
3144	3144	SECTION 8.173. Section 701.002, Occupations Code, is
3145	3145	amended by amending Subdivisions (1), (2), and (4) and adding
3146	3146	Subdivision (1-a) to read as follows:
3147	3147	(1) "Advisory board" means the Dietitians Advisory
3148	3148	Board.
3149	3149	(1-a) "Commission" ["Commissioner"] means the Texas
3150	3150	Commission of Licensing and Regulation [commissioner of state
3151	3151	health services].
3152	3152	(2) "Department" means the Texas Department of
3153	3153	Licensing and Regulation [State Health Services].
3154	3154	(4) "Executive director" ["Dietitians board"] means
3155	3155	the executive director of the department [Texas State Board of
3156	3156	Examiners of Dietitians].
3157	3157	SECTION 8.174. The heading to Subchapter B, Chapter 701,
3158	3158	Occupations Code, is amended to read as follows:
3159	3159	SUBCHAPTER B. [TEXAS STATE BOARD OF EXAMINERS OF] DIETITIANS
3160	3160	ADVISORY BOARD
3161	3161	SECTION 8.175. Section 701.051, Occupations Code, is
3162	3162	amended to read as follows:
3163	3163	Sec. 701.051. DIETITIANS ADVISORY BOARD MEMBERSHIP. (a)
3164	3164	The advisory board [Texas State Board of Examiners of Dietitians]
3165	3165	consists of nine members appointed by the presiding officer of the
3166	3166	commission [governor] with the approval [advice and consent] of the
3167	3167	commission [senate] as follows:
3168	3168	(1) six licensed dietitian members, each of whom has
3169	3169	been licensed under this chapter for not less than three years
3170	3170	before the member's date of appointment; and
3171	3171	(2) three members who represent the public.
3172	3172	(b) In appointing dietitian members to the advisory
3173	3173	[dietitians] board, the presiding officer of the commission
3174	3174	[governor] shall attempt to maintain balanced representation among
3175	3175	the following primary areas of expertise included in the
3176	3176	professional discipline of dietetics:
3177	3177	(1) clinical;
3178	3178	(2) educational;
3179	3179	(3) management;
3180	3180	(4) consultation; and
3181	3181	(5) community.
3182	3182	(c) Appointments to the advisory [dietitians] board shall
3183	3183	be made without regard to the race, color, disability, sex,
3184	3184	religion, age, or national origin of the appointee.
3185	3185	SECTION 8.176. Subchapter B, Chapter 701, Occupations Code,
3186	3186	is amended by adding Section 701.0511 to read as follows:
3187	3187	Sec. 701.0511. DUTIES OF ADVISORY BOARD. The advisory
3188	3188	board shall provide advice and recommendations to the department on
3189	3189	technical matters relevant to the administration of this chapter.
3190	3190	SECTION 8.177. Section 701.054, Occupations Code, is
3191	3191	amended to read as follows:
3192	3192	Sec. 701.054. TERMS; VACANCIES. (a) Members of the
3193	3193	advisory [dietitians] board serve staggered six-year terms. The
3194	3194	terms of three [two] members begin on September 1 of each
3195	3195	odd-numbered year.
3196	3196	(b) If a vacancy occurs during a member's term, the
3197	3197	presiding officer of the commission, with the commission's
3198	3198	approval, shall appoint a replacement who meets the qualifications
3199	3199	for the vacant position to serve for the remainder of the term.
3200	3200	SECTION 8.178. Section 701.057, Occupations Code, is
3201	3201	amended to read as follows:
3202	3202	Sec. 701.057. PRESIDING OFFICER [OFFICERS]. [(a)] The
3203	3203	presiding officer of the commission [governor] shall designate a
3204	3204	member of the advisory [dietitians] board as the presiding officer
3205	3205	of the advisory board to serve for a term of one year [in that
3206	3206	capacity at the pleasure of the governor]. The presiding officer of
3207	3207	the advisory board may vote on any matter before the advisory board.
3208	3208	[(b) Not later than the 30th day after the date the governor
3209	3209	appoints new board members, the dietitians board shall meet to
3210	3210	elect an assistant presiding officer, who holds office according to
3211	3211	board rules.]
3212	3212	SECTION 8.179. Section 701.058, Occupations Code, is
3213	3213	amended to read as follows:
3214	3214	Sec. 701.058. MEETINGS. The advisory [dietitians] board
3215	3215	shall meet at the call of the presiding officer of the commission or
3216	3216	the executive director [hold at least two regular meetings each
3217	3217	year as provided by board rules].
3218	3218	SECTION 8.180. Section 701.151, Occupations Code, is
3219	3219	amended to read as follows:
3220	3220	Sec. 701.151. GENERAL POWERS AND DUTIES [OF DIETITIANS
3221	3221	BOARD]. (a) The executive director shall administer and enforce
3222	3222	this chapter.
3223	3223	(b) The department [dietitians board] shall:
3224	3224	(1) adopt an official seal;
3225	3225	(2) adopt and publish a code of ethics;
3226	3226	(3) establish the qualifications and fitness of
3227	3227	applicants for licenses, including renewed and reciprocal
3228	3228	licenses;
3229	3229	(4) revoke, suspend, or deny a license, probate a
3230	3230	license suspension, or reprimand a license holder for a violation
3231	3231	of this chapter, a [board] rule adopted under this chapter, or the
3232	3232	code of ethics; and
3233	3233	(5) request and receive any necessary assistance from
3234	3234	state educational institutions or other state agencies [spend money
3235	3235	necessary to properly administer the board's duties; and
3236	3236	[(6) establish reasonable and necessary fees to
3237	3237	administer this chapter].
3238	3238	SECTION 8.181. Subchapter D, Chapter 701, Occupations Code,
3239	3239	is amended by adding Section 701.1511 to read as follows:
3240	3240	Sec. 701.1511. REGISTRY. The department shall prepare a
3241	3241	registry of licensed dietitians and provisional licensed
3242	3242	dietitians and make the registry available to the public, license
3243	3243	holders, and appropriate state agencies.
3244	3244	SECTION 8.182. Section 701.154, Occupations Code, as
3245	3245	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
3246	3246	2015, is amended to read as follows:
3247	3247	Sec. 701.154. AMOUNT OF FEES. The commission [(a) After
3248	3248	consulting the department, the dietitians board by rule shall set
3249	3249	fees in amounts reasonable and necessary to cover the cost of
3250	3250	administering this chapter. The fees for issuing or renewing a
3251	3251	license must be in amounts designed to allow the department and the
3252	3252	dietitians board to recover from the license holders all of the
3253	3253	direct and indirect costs to the department and to the dietitians
3254	3254	board in administering and enforcing this chapter.
3255	3255	[(b) The dietitians board] may not set a fee that existed on
3256	3256	September 1, 1993, in an amount that is less than the amount of that
3257	3257	fee on that date.
3258	3258	SECTION 8.183. Section 701.155, Occupations Code, is
3259	3259	amended to read as follows:
3260	3260	Sec. 701.155. SEAL. (a) The commission [dietitians board]
3261	3261	by rule may require a license holder to:
3262	3262	(1) obtain a seal authorized by the department [board]
3263	3263	bearing the license holder's name and the legend "Licensed
3264	3264	Dietitian"; and
3265	3265	(2) affix the seal to formal documentation of
3266	3266	nutrition services provided by the license holder, as determined
3267	3267	necessary and appropriate by the department [board].
3268	3268	(b) If the commission [dietitians board] adopts rules under
3269	3269	Subsection (a), the rules must authorize a license holder to comply
3270	3270	with Subsection (a)(2) by maintaining a facsimile of the license
3271	3271	holder's seal on file at the location where services are provided
3272	3272	if:
3273	3273	(1) the services are provided:
3274	3274	(A) in a facility licensed under the Health and
3275	3275	Safety Code;
3276	3276	(B) on behalf of a local, state, or federal
3277	3277	government agency; or
3278	3278	(C) under other circumstances determined
3279	3279	reasonable and necessary by the department [board]; and
3280	3280	(2) the facsimile is maintained on file at all times
3281	3281	during which the services are provided.
3282	3282	SECTION 8.184. The heading to Subchapter E, Chapter 701,
3283	3283	Occupations Code, is amended to read as follows:
3284	3284	SUBCHAPTER E. [PUBLIC INTEREST INFORMATION AND] COMPLAINT
3285	3285	PROCEDURES
3286	3286	SECTION 8.185. The heading to Section 701.2041, Occupations
3287	3287	Code, is amended to read as follows:
3288	3288	Sec. 701.2041. CONFIDENTIALITY OF COMPLAINT AND
3289	3289	DISCIPLINARY INFORMATION [SUBPOENAS].
3290	3290	SECTION 8.186. Sections 701.2041(h) and (i), Occupations
3291	3291	Code, are amended to read as follows:
3292	3292	(h) All information and materials subpoenaed or compiled by
3293	3293	the department [dieticians board] in connection with a complaint
3294	3294	and investigation are confidential and not subject to disclosure
3295	3295	under Chapter 552, Government Code, and not subject to disclosure,
3296	3296	discovery, subpoena, or other means of legal compulsion for their
3297	3297	release to anyone other than the department [board] or its
3298	3298	employees or agents involved in discipline of the holder of a
3299	3299	license, except that this information may be disclosed to:
3300	3300	(1) persons involved with the department [board] in a
3301	3301	disciplinary action against the holder of a license;
3302	3302	(2) professional dietitian licensing or disciplinary
3303	3303	boards in other jurisdictions;
3304	3304	(3) peer assistance programs approved by the
3305	3305	commission [board] under Chapter 467, Health and Safety Code;
3306	3306	(4) law enforcement agencies; and
3307	3307	(5) persons engaged in bona fide research, if all
3308	3308	individual-identifying information has been deleted.
3309	3309	(i) The filing of formal charges by the department
3310	3310	[dieticians board] against a holder of a license, the nature of
3311	3311	those charges, disciplinary proceedings of the department,
3312	3312	commission, or executive director [board], and final disciplinary
3313	3313	actions, including warnings and reprimands, by the department,
3314	3314	commission, or executive director [board] are not confidential and
3315	3315	are subject to disclosure in accordance with Chapter 552,
3316	3316	Government Code.
3317	3317	SECTION 8.187. Section 701.252, Occupations Code, is
3318	3318	amended to read as follows:
3319	3319	Sec. 701.252. LICENSE APPLICATION. (a) Each applicant for
3320	3320	a dietitian license must submit an [a sworn] application in the
3321	3321	manner and on a form prescribed by the executive director
3322	3322	accompanied by the application fee.
3323	3323	(b) The commission [dietitians board shall prescribe the
3324	3324	application form and may] by rule shall determine the information
3325	3325	and documentation required to be submitted as part of an
3326	3326	application [establish dates by which applications and fees must be
3327	3327	received].
3328	3328	SECTION 8.188. Sections 701.253(c), (e), and (f),
3329	3329	Occupations Code, are amended to read as follows:
3330	3330	(c) The department [dietitians board] shall prepare or
3331	3331	approve an examination. An examination prescribed by the
3332	3332	department [board] may be or may include an examination given by the
3333	3333	Commission on Dietetic Registration or by a national or state
3334	3334	testing service instead of an examination prepared by the
3335	3335	department or the department's designee [board].
3336	3336	(e) The department [dietitians board] shall administer an
3337	3337	examination to qualified applicants at least twice each calendar
3338	3338	year.
3339	3339	(f) The department [dietitians board] shall waive the
3340	3340	examination requirement for an applicant who, at the time of
3341	3341	application, is a dietitian registered by the Commission on
3342	3342	Dietetic Registration.
3343	3343	SECTION 8.189. Section 701.254, Occupations Code, is
3344	3344	amended to read as follows:
3345	3345	Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. To qualify
3346	3346	for the licensing examination under this chapter, an applicant
3347	3347	must:
3348	3348	(1) possess a baccalaureate or postbaccalaureate
3349	3349	degree, conferred by a college or university regionally accredited
3350	3350	at the time of conferral, with:
3351	3351	(A) a major course of study in human nutrition,
3352	3352	food and nutrition, nutrition education, dietetics, or food systems
3353	3353	management; or
3354	3354	(B) an equivalent major course of study approved
3355	3355	by the department [dietitians board]; and
3356	3356	(2) have completed an internship or preplanned,
3357	3357	documented, professional experience program in dietetics practice
3358	3358	of not less than 900 hours under the supervision of a licensed
3359	3359	dietitian or a registered dietitian approved by the department
3360	3360	[board].
3361	3361	SECTION 8.190. Section 701.255(a), Occupations Code, is
3362	3362	amended to read as follows:
3363	3363	(a) Not later than the 45th day after the date a properly
3364	3364	submitted and timely application is received and not later than the
3365	3365	30th day before the next examination date, the department shall
3366	3366	notify an applicant in writing of the receipt and investigation of
3367	3367	the applicant's application and any other relevant evidence
3368	3368	relating to applicant qualifications established by commission
3369	3369	[dietitians board] rule.
3370	3370	SECTION 8.191. Sections 701.2575(a) and (c), Occupations
3371	3371	Code, are amended to read as follows:
3372	3372	(a) The department [dietitians board] shall develop and
3373	3373	administer at least twice each calendar year a jurisprudence
3374	3374	examination to determine an applicant's knowledge of this chapter,
3375	3375	commission [board] rules under this chapter, and any other
3376	3376	applicable laws of this state affecting the applicant's dietetics
3377	3377	practice.
3378	3378	(c) The commission [dietitians board] shall adopt rules to
3379	3379	implement this section, including rules related to the development
3380	3380	and administration of the examination, examination fees,
3381	3381	guidelines for reexamination, grading the examination, and
3382	3382	providing notice of examination results.
3383	3383	SECTION 8.192. Section 701.258, Occupations Code, is
3384	3384	amended to read as follows:
3385	3385	Sec. 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The
3386	3386	department [dietitians board] shall issue a license [certificate]
3387	3387	as a licensed dietitian to a person qualified for a license under
3388	3388	this chapter.
3389	3389	SECTION 8.193. Sections 701.259(a), (b), (c), and (d),
3390	3390	Occupations Code, are amended to read as follows:
3391	3391	(a) The department [dietitians board] may issue a license to
3392	3392	use the title "provisional licensed dietitian" to an applicant who
3393	3393	files an application, pays an application fee, and submits evidence
3394	3394	of successful completion of the education requirement under Section
3395	3395	701.254.
3396	3396	(b) A provisional licensed dietitian must practice under
3397	3397	the supervision and direction of a licensed dietitian. The
3398	3398	supervising licensed dietitian must be designated in [sign] the
3399	3399	applicant's initial application for a provisional license.
3400	3400	(c) The department [dietitians board] shall issue a license
3401	3401	[certificate] as a provisional licensed dietitian to a person
3402	3402	qualified for a provisional license under this chapter.
3403	3403	(d) A provisional license expires on the first anniversary
3404	3404	of the date of issuance and[, if the supervising licensed dietitian
3405	3405	signs the renewal application,] may be renewed annually not more
3406	3406	than twice [by complying with the renewal procedures under Section
3407	3407	701.301].
3408	3408	SECTION 8.194. Section 701.260, Occupations Code, is
3409	3409	amended to read as follows:
3410	3410	Sec. 701.260. TEMPORARY LICENSE. (a) On receipt of an
3411	3411	application and payment of an application fee, the department
3412	3412	[dietitians board] may grant a temporary license to an applicant
3413	3413	who:
3414	3414	(1) is licensed in good standing as a dietitian in
3415	3415	another state that has licensing requirements that are
3416	3416	substantially equivalent to the requirements of this chapter;
3417	3417	(2) has passed a national or other examination that is
3418	3418	recognized by the department [board] and relates to dietetics; and
3419	3419	(3) is sponsored by a person licensed by the
3420	3420	department [board] under this chapter with whom the temporary
3421	3421	license holder may practice.
3422	3422	(b) The department [dietitians board] may waive the
3423	3423	requirement of Subsection (a)(3) if the department [board]
3424	3424	determines that compliance with that provision is a hardship to an
3425	3425	applicant.
3426	3426	(c) A temporary license is valid until the date the
3427	3427	department [dietitians board] approves or denies the temporary
3428	3428	license holder's application for a license. The department [board]
3429	3429	shall issue a license under this chapter to the holder of a
3430	3430	temporary license if:
3431	3431	(1) the temporary license holder passes the competency
3432	3432	examination required by Section 701.253;
3433	3433	(2) the department [board] verifies that the temporary
3434	3434	license holder meets the academic and experience requirements for a
3435	3435	license under this chapter; and
3436	3436	(3) the temporary license holder satisfies any other
3437	3437	license requirements under this chapter.
3438	3438	(d) The department [dietitians board] must complete the
3439	3439	processing of a temporary license holder's application for a
3440	3440	license not later than the 180th day after the date the department
3441	3441	[board] issues the temporary license. The department [board] may
3442	3442	extend this deadline to receive pending examination results.
3443	3443	SECTION 8.195. Section 701.303, Occupations Code, is
3444	3444	amended to read as follows:
3445	3445	Sec. 701.303. CONTINUING EDUCATION. (a) The commission
3446	3446	[dietitians board] by rule shall establish a minimum number of
3447	3447	hours of continuing education required for license renewal under
3448	3448	this chapter.
3449	3449	(b) The commission or department [dietitians board] may
3450	3450	assess the continuing education needs of license holders and may
3451	3451	require license holders to attend continuing education courses
3452	3452	specified by the commission or department [board]. The department
3453	3453	[board] shall develop a process to evaluate and approve continuing
3454	3454	education courses.
3455	3455	(c) The commission or department [dietitians board] shall
3456	3456	identify key factors for a license holder's competent performance
3457	3457	of professional duties. The department [board] shall adopt a
3458	3458	procedure to assess the license holder's participation in
3459	3459	continuing education programs.
3460	3460	SECTION 8.196. Section 701.304, Occupations Code, is
3461	3461	amended to read as follows:
3462	3462	Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission
3463	3463	or department [dietitians board] may refuse to renew the license of
3464	3464	a person who fails to pay an administrative penalty imposed under
3465	3465	Subchapter K, unless enforcement of the penalty is stayed or a court
3466	3466	has ordered that the administrative penalty is not owed.
3467	3467	SECTION 8.197. Section 701.351, Occupations Code, is
3468	3468	amended to read as follows:
3469	3469	Sec. 701.351. DISPLAY OF LICENSE [CERTIFICATE]. (a) A
3470	3470	license holder shall display the person's license [certificate] in
3471	3471	an appropriate and public manner as prescribed by commission rule.
3472	3472	(b) A license [certificate] issued by the department
3473	3473	[dietitians board] is the property of the department [board] and
3474	3474	shall be surrendered on demand.
3475	3475	SECTION 8.198. Section 701.352, Occupations Code, is
3476	3476	amended to read as follows:
3477	3477	Sec. 701.352. LICENSE HOLDER INFORMATION. A license holder
3478	3478	shall keep the department informed of the license holder's current
3479	3479	address as provided by commission rule.
3480	3480	SECTION 8.199. Section 701.353(a), Occupations Code, is
3481	3481	amended to read as follows:
3482	3482	(a) A person may not use a seal authorized by the department
3483	3483	[dietitians board] unless the person holds a license issued under
3484	3484	this chapter.
3485	3485	SECTION 8.200. Section 701.401, Occupations Code, is
3486	3486	amended to read as follows:
3487	3487	Sec. 701.401. GROUNDS FOR DISCIPLINARY ACTION. The
3488	3488	commission or executive director [dietitians board] shall refuse to
3489	3489	renew a license, revoke or suspend a license, place on probation a
3490	3490	person whose license has been suspended, or reprimand a license
3491	3491	holder for a violation of this chapter, [or] a rule or code of
3492	3492	ethics adopted under this chapter, or an order of [by] the
3493	3493	commission or executive director [board].
3494	3494	SECTION 8.201. Section 701.403, Occupations Code, is
3495	3495	amended to read as follows:
3496	3496	Sec. 701.403. SANCTIONS. The State Office of
3497	3497	Administrative Hearings shall use the schedule of sanctions adopted
3498	3498	by the commission by [dietitians board] rule for a sanction imposed
3499	3499	as the result of a hearing conducted by the office.
3500	3500	SECTION 8.202. Section 701.502(a), Occupations Code, is
3501	3501	amended to read as follows:
3502	3502	(a) The amount of an [the] administrative penalty imposed
3503	3503	for a violation of this chapter or a rule adopted or order issued
3504	3504	under this chapter may not be less than $50 or more than $5,000 for
3505	3505	each violation. Each day a violation continues or occurs is a
3506	3506	separate violation for the purpose of imposing a penalty.
3507	3507	SECTION 8.203. Section 701.512, Occupations Code, is
3508	3508	amended to read as follows:
3509	3509	Sec. 701.512. REFUND. (a) Subject to Subsection (b), the
3510	3510	commission or executive director [dietitians board] may order a
3511	3511	license holder to pay a refund to a consumer as provided in an
3512	3512	agreement resulting from an informal settlement conference instead
3513	3513	of or in addition to imposing an administrative penalty under this
3514	3514	chapter.
3515	3515	(b) The amount of a refund ordered as provided in an
3516	3516	agreement resulting from an informal settlement conference may not
3517	3517	exceed the amount the consumer paid to the license holder for a
3518	3518	service regulated by this chapter. The commission or executive
3519	3519	director [board] may not require payment of other damages or
3520	3520	estimate harm in a refund order.
3521	3521	SECTION 8.204. The following provisions of the Occupations
3522	3522	Code, including provisions amended by S.B. 219, Acts of the 84th
3523	3523	Legislature, Regular Session, 2015, are repealed:
3524	3524	(1) Section 203.006;
3525	3525	(2) Section 203.051;
3526	3526	(3) Section 203.053;
3527	3527	(4) Section 203.054;
3528	3528	(5) Section 203.057;
3529	3529	(6) Section 203.058;
3530	3530	(7) Section 203.060;
3531	3531	(8) Subchapter C, Chapter 203;
3532	3532	(9) Section 203.151(b);
3533	3533	(10) Section 203.1515;
3534	3534	(11) Section 203.152(a);
3535	3535	(12) Sections 203.155(a) and (c);
3536	3536	(13) Section 203.156;
3537	3537	(14) Section 203.158;
3538	3538	(15) Section 203.159;
3539	3539	(16) Section 203.160;
3540	3540	(17) Section 203.161;
3541	3541	(18) Subchapter E, Chapter 203;
3542	3542	(19) Section 203.255(b);
3543	3543	(20) Section 203.2556;
3544	3544	(21) Section 203.302;
3545	3545	(22) Section 203.303;
3546	3546	(23) Section 203.405;
3547	3547	(24) Subchapter J, Chapter 203;
3548	3548	(25) Section 203.502(c);
3549	3549	(26) Section 203.505(a);
3550	3550	(27) Section 401.002;
3551	3551	(28) Section 401.101;
3552	3552	(29) Section 401.103;
3553	3553	(30) Section 401.104;
3554	3554	(31) Section 401.106;
3555	3555	(32) Section 401.109;
3556	3556	(33) Section 401.110;
3557	3557	(34) Subchapter D, Chapter 401;
3558	3558	(35) Section 401.201(b);
3559	3559	(36) Sections 401.203(a) and (b);
3560	3560	(37) Section 401.204;
3561	3561	(38) Section 401.205;
3562	3562	(39) Section 401.206;
3563	3563	(40) Section 401.207;
3564	3564	(41) Section 401.252;
3565	3565	(42) Sections 401.253(b), (c), (d), and (e);
3566	3566	(43) Sections 401.2535(a), (b), (c), (d), (e), (f),
3567	3567	and (g);
3568	3568	(44) Section 401.254;
3569	3569	(45) Section 401.306;
3570	3570	(46) Section 401.307(c);
3571	3571	(47) Section 401.313;
3572	3572	(48) Section 401.315;
3573	3573	(49) Sections 401.352(b) and (c);
3574	3574	(50) Section 401.353;
3575	3575	(51) Section 401.354;
3576	3576	(52) Section 401.405;
3577	3577	(53) Section 401.451(b);
3578	3578	(54) Section 401.452;
3579	3579	(55) Section 401.4531;
3580	3580	(56) Section 401.454;
3581	3581	(57) Section 401.455;
3582	3582	(58) Section 401.456;
3583	3583	(59) Section 401.457;
3584	3584	(60) Section 401.458;
3585	3585	(61) Section 401.459;
3586	3586	(62) Section 401.460;
3587	3587	(63) Section 401.502;
3588	3588	(64) Section 401.5022;
3589	3589	(65) Section 401.551;
3590	3590	(66) Section 401.553;
3591	3591	(67) Section 401.554;
3592	3592	(68) Section 401.555;
3593	3593	(69) Section 401.556;
3594	3594	(70) Section 401.557;
3595	3595	(71) Section 401.558;
3596	3596	(72) Section 401.559;
3597	3597	(73) Section 401.560;
3598	3598	(74) Section 401.561;
3599	3599	(75) Section 402.002;
3600	3600	(76) Section 402.052;
3601	3601	(77) Section 402.053;
3602	3602	(78) Section 402.054;
3603	3603	(79) Section 402.056;
3604	3604	(80) Section 402.0581;
3605	3605	(81) Section 402.059;
3606	3606	(82) Section 402.060;
3607	3607	(83) Section 402.061;
3608	3608	(84) Section 402.102;
3609	3609	(85) Section 402.1022;
3610	3610	(86) Sections 402.103(a) and (b);
3611	3611	(87) Section 402.105;
3612	3612	(88) Section 402.106;
3613	3613	(89) Section 402.151;
3614	3614	(90) Section 402.1511;
3615	3615	(91) Section 402.153;
3616	3616	(92) Sections 402.154(a), (b), (c), (d), (e), (f), and
3617	3617	(g);
3618	3618	(93) Section 402.205(d);
3619	3619	(94) Section 402.206;
3620	3620	(95) Sections 402.209(b) and (g);
3621	3621	(96) Section 402.257(b);
3622	3622	(97) Sections 402.301(b), (c), (d), and (e);
3623	3623	(98) Section 402.303(f);
3624	3624	(99) Section 402.354;
3625	3625	(100) Section 402.452;
3626	3626	(101) Section 402.502;
3627	3627	(102) Section 402.503;
3628	3628	(103) Section 402.504;
3629	3629	(104) Section 402.505;
3630	3630	(105) Section 402.506;
3631	3631	(106) Sections 402.551(a) and (c);
3632	3632	(107) Section 402.552;
3633	3633	(108) Section 402.5522;
3634	3634	(109) Section 402.553(b);
3635	3635	(110) Section 451.051(a);
3636	3636	(111) Section 451.0511;
3637	3637	(112) Section 451.0512;
3638	3638	(113) Section 451.0513;
3639	3639	(114) Section 451.052;
3640	3640	(115) Section 451.054;
3641	3641	(116) Section 451.057;
3642	3642	(117) Sections 451.101(b) and (c);
3643	3643	(118) Section 451.1015;
3644	3644	(119) Section 451.1016;
3645	3645	(120) Section 451.102;
3646	3646	(121) Section 451.103;
3647	3647	(122) Section 451.1035;
3648	3648	(123) Section 451.104;
3649	3649	(124) Section 451.105;
3650	3650	(125) Section 451.106;
3651	3651	(126) Section 451.108;
3652	3652	(127) Section 451.109;
3653	3653	(128) Sections 451.110(a), (b), (c), (d), (e), (f),
3654	3654	and (g);
3655	3655	(129) Section 451.155;
3656	3656	(130) Section 451.201(b);
3657	3657	(131) Section 451.202;
3658	3658	(132) Section 451.203;
3659	3659	(133) Section 451.204;
3660	3660	(134) Section 451.2512;
3661	3661	(135) Section 451.252;
3662	3662	(136) Section 451.253;
3663	3663	(137) Section 451.254;
3664	3664	(138) Section 451.255;
3665	3665	(139) Sections 451.351(a), (b), (e), (f), (g), (h),
3666	3666	(i), (j), (k), and (l);
3667	3667	(140) Section 451.352;
3668	3668	(141) Section 605.003;
3669	3669	(142) Section 605.051;
3670	3670	(143) Section 605.053;
3671	3671	(144) Section 605.054;
3672	3672	(145) Section 605.057;
3673	3673	(146) Section 605.058;
3674	3674	(147) Section 605.059(a);
3675	3675	(148) Section 605.060;
3676	3676	(149) Section 605.061;
3677	3677	(150) Subchapter C, Chapter 605;
3678	3678	(151) Section 605.152;
3679	3679	(152) Section 605.153;
3680	3680	(153) Section 605.154;
3681	3681	(154) Section 605.201;
3682	3682	(155) Section 605.202;
3683	3683	(156) Sections 605.2021(a), (b), (c), (d), (e), (f),
3684	3684	and (g);
3685	3685	(157) Section 605.203;
3686	3686	(158) Section 605.253;
3687	3687	(159) Section 605.254(b);
3688	3688	(160) Section 605.255(c);
3689	3689	(161) Section 605.259(b);
3690	3690	(162) Section 605.3535;
3691	3691	(163) Section 605.355;
3692	3692	(164) Section 605.401;
3693	3693	(165) Section 605.403;
3694	3694	(166) Section 605.404;
3695	3695	(167) Section 605.405;
3696	3696	(168) Section 605.406;
3697	3697	(169) Section 605.407;
3698	3698	(170) Section 605.408;
3699	3699	(171) Section 605.409;
3700	3700	(172) Section 605.410;
3701	3701	(173) Section 605.411;
3702	3702	(174) Section 701.003;
3703	3703	(175) Section 701.052;
3704	3704	(176) Section 701.053;
3705	3705	(177) Section 701.055;
3706	3706	(178) Section 701.056;
3707	3707	(179) Section 701.059;
3708	3708	(180) Subchapter C, Chapter 701;
3709	3709	(181) Section 701.152;
3710	3710	(182) Section 701.153;
3711	3711	(183) Section 701.1535;
3712	3712	(184) Section 701.156;
3713	3713	(185) Section 701.157;
3714	3714	(186) Section 701.159;
3715	3715	(187) Section 701.160;
3716	3716	(188) Section 701.161;
3717	3717	(189) Section 701.201;
3718	3718	(190) Section 701.202;
3719	3719	(191) Section 701.203;
3720	3720	(192) Section 701.204;
3721	3721	(193) Sections 701.2041(a), (b), (c), (d), (e), (f),
3722	3722	and (g);
3723	3723	(194) Section 701.205;
3724	3724	(195) Section 701.206;
3725	3725	(196) Section 701.256;
3726	3726	(197) Section 701.261;
3727	3727	(198) Sections 701.301(b), (c), (d), (e), and (f);
3728	3728	(199) Section 701.302;
3729	3729	(200) Section 701.402;
3730	3730	(201) Section 701.404;
3731	3731	(202) Section 701.405;
3732	3732	(203) Section 701.406;
3733	3733	(204) Section 701.407;
3734	3734	(205) Section 701.408;
3735	3735	(206) Section 701.452;
3736	3736	(207) Section 701.453;
3737	3737	(208) Section 701.501;
3738	3738	(209) Section 701.502(c);
3739	3739	(210) Section 701.503;
3740	3740	(211) Section 701.504;
3741	3741	(212) Section 701.505;
3742	3742	(213) Section 701.506;
3743	3743	(214) Section 701.507;
3744	3744	(215) Section 701.508;
3745	3745	(216) Section 701.509;
3746	3746	(217) Section 701.510; and
3747	3747	(218) Section 701.511.
3748	3748	PART 2. TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2019
3749	3749	SECTION 8.205. Sections 106.115(a), (b-1), and (b-3),
3750	3750	Alcoholic Beverage Code, are amended to read as follows:
3751	3751	(a) On the placement of a minor on deferred disposition for
3752	3752	an offense under Section 49.02, Penal Code, or under Section
3753	3753	106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
3754	3754	shall require the defendant to attend an alcohol awareness program
3755	3755	approved by the Texas Department of Licensing and Regulation [State
3756	3756	Health Services] under this section or a drug and alcohol driving
3757	3757	awareness program approved by the Texas Education Agency. On
3758	3758	conviction of a minor of an offense under one or more of those
3759	3759	sections, the court, in addition to assessing a fine as provided by
3760	3760	those sections, shall require a defendant who has not been
3761	3761	previously convicted of an offense under one of those sections to
3762	3762	attend an alcohol awareness program or a drug and alcohol driving
3763	3763	awareness program described by this subsection. If the defendant
3764	3764	has been previously convicted once or more of an offense under one
3765	3765	or more of those sections, the court may require the defendant to
3766	3766	attend an alcohol awareness program or a drug and alcohol driving
3767	3767	awareness program described by this subsection. If the defendant
3768	3768	is younger than 18 years of age, the court may require the parent or
3769	3769	guardian of the defendant to attend the program with the
3770	3770	defendant. The Texas Department of Licensing and Regulation or
3771	3771	Texas Commission of Licensing and Regulation, as appropriate [State
3772	3772	Health Services]:
3773	3773	(1) is responsible for the administration of the
3774	3774	certification of approved alcohol awareness programs;
3775	3775	(2) may charge a nonrefundable application fee for:
3776	3776	(A) initial certification of the approval; or
3777	3777	(B) renewal of the certification;
3778	3778	(3) shall adopt rules regarding alcohol awareness
3779	3779	programs approved under this section; and
3780	3780	(4) shall monitor, coordinate, and provide training to
3781	3781	a person who provides an alcohol awareness program.
3782	3782	(b-1) If the defendant resides in a county with a population
3783	3783	of 75,000 or less and access to an alcohol awareness program is not
3784	3784	readily available in the county, the court may allow the defendant
3785	3785	to take an online alcohol awareness program if the Texas Department
3786	3786	of Licensing and Regulation [State Health Services] approves online
3787	3787	courses or require the defendant to perform not less than eight
3788	3788	hours of community service related to alcohol abuse prevention or
3789	3789	treatment and approved by the Texas Department of Licensing and
3790	3790	Regulation [State Health Services] under Subsection (b-3) instead
3791	3791	of attending the alcohol awareness program. Community service
3792	3792	ordered under this subsection is in addition to community service
3793	3793	ordered under Section 106.071(d).
3794	3794	(b-3) The Texas Department of Licensing and Regulation
3795	3795	[State Health Services] shall create a list of community services
3796	3796	related to alcohol abuse prevention or treatment in each county in
3797	3797	the state to which a judge may sentence a defendant under Subsection
3798	3798	(b-1).
3799	3799	SECTION 8.206. Sections 13(h) and (j), Article 42.12, Code
3800	3800	of Criminal Procedure, are amended to read as follows:
3801	3801	(h) If a person convicted of an offense under Sections
3802	3802	49.04-49.08, Penal Code, is placed on community supervision, the
3803	3803	judge shall require, as a condition of the community supervision,
3804	3804	that the defendant attend and successfully complete before the
3805	3805	181st day after the day community supervision is granted an
3806	3806	educational program jointly approved by the Texas Department of
3807	3807	Licensing and Regulation [Commission on Alcohol and Drug Abuse],
3808	3808	the Department of Public Safety, the Traffic Safety Section of the
3809	3809	Texas Department of Transportation, and the community justice
3810	3810	assistance division of the Texas Department of Criminal Justice
3811	3811	designed to rehabilitate persons who have driven while intoxicated.
3812	3812	The Texas Department of Licensing and Regulation [Commission on
3813	3813	Alcohol and Drug Abuse] shall publish the jointly approved rules
3814	3814	and shall monitor, coordinate, and provide training to persons
3815	3815	providing the educational programs. The Texas Department of
3816	3816	Licensing and Regulation [Commission on Alcohol and Drug Abuse] is
3817	3817	responsible for the administration of the certification of approved
3818	3818	educational programs and may charge a nonrefundable application fee
3819	3819	for the initial certification of approval and for renewal of a
3820	3820	certificate. The judge may waive the educational program
3821	3821	requirement or may grant an extension of time to successfully
3822	3822	complete the program that expires not later than one year after the
3823	3823	beginning date of the person's community supervision, however, if
3824	3824	the defendant by a motion in writing shows good cause. In
3825	3825	determining good cause, the judge may consider but is not limited
3826	3826	to: the defendant's school and work schedule, the defendant's
3827	3827	health, the distance that the defendant must travel to attend an
3828	3828	educational program, and the fact that the defendant resides out of
3829	3829	state, has no valid driver's license, or does not have access to
3830	3830	transportation. The judge shall set out the finding of good cause
3831	3831	for waiver in the judgment. If a defendant is required, as a
3832	3832	condition of community supervision, to attend an educational
3833	3833	program or if the court waives the educational program requirement,
3834	3834	the court clerk shall immediately report that fact to the
3835	3835	Department of Public Safety, on a form prescribed by the
3836	3836	department, for inclusion in the person's driving record. If the
3837	3837	court grants an extension of time in which the person may complete
3838	3838	the program, the court clerk shall immediately report that fact to
3839	3839	the Department of Public Safety on a form prescribed by the
3840	3840	department. The report must include the beginning date of the
3841	3841	person's community supervision. Upon the person's successful
3842	3842	completion of the educational program, the person's instructor
3843	3843	shall give notice to the Department of Public Safety for inclusion
3844	3844	in the person's driving record and to the community supervision and
3845	3845	corrections department. The community supervision and corrections
3846	3846	department shall then forward the notice to the court clerk for
3847	3847	filing. If the Department of Public Safety does not receive notice
3848	3848	that a defendant required to complete an educational program has
3849	3849	successfully completed the program within the period required by
3850	3850	this section, as shown on department records, the department shall
3851	3851	revoke the defendant's driver's license, permit, or privilege or
3852	3852	prohibit the person from obtaining a license or permit, as provided
3853	3853	by Sections 521.344(e) and (f), Transportation Code. The
3854	3854	Department of Public Safety may not reinstate a license suspended
3855	3855	under this subsection unless the person whose license was suspended
3856	3856	makes application to the department for reinstatement of the
3857	3857	person's license and pays to the department a reinstatement fee of
3858	3858	$100. The Department of Public Safety shall remit all fees
3859	3859	collected under this subsection to the comptroller for deposit in
3860	3860	the general revenue fund. This subsection does not apply to a
3861	3861	defendant if a jury recommends community supervision for the
3862	3862	defendant and also recommends that the defendant's driver's license
3863	3863	not be suspended.
3864	3864	(j) The judge shall require a defendant who is punished
3865	3865	under Section 49.09, Penal Code, as a condition of community
3866	3866	supervision, to attend and successfully complete an educational
3867	3867	program for repeat offenders approved by the Texas Department of
3868	3868	Licensing and Regulation [Commission on Alcohol and Drug Abuse].
3869	3869	The Texas Commission of Licensing and Regulation [on Alcohol and
3870	3870	Drug Abuse] shall adopt rules and shall monitor, coordinate, and
3871	3871	provide training to persons providing the educational programs.
3872	3872	The Texas Department of Licensing and Regulation [Commission on
3873	3873	Alcohol and Drug Abuse] is responsible for the administration of
3874	3874	the certification of approved educational programs and may charge a
3875	3875	nonrefundable application fee for initial certification of
3876	3876	approval or for renewal of the certification. The judge may waive
3877	3877	the educational program requirement only if the defendant by a
3878	3878	motion in writing shows good cause. In determining good cause, the
3879	3879	judge may consider the defendant's school and work schedule, the
3880	3880	defendant's health, the distance that the defendant must travel to
3881	3881	attend an educational program, and whether the defendant resides
3882	3882	out of state or does not have access to transportation. The judge
3883	3883	shall set out the finding of good cause in the judgment. If a
3884	3884	defendant is required, as a condition of community supervision, to
3885	3885	attend an educational program, the court clerk shall immediately
3886	3886	report that fact to the Department of Public Safety, on a form
3887	3887	prescribed by the department, for inclusion in the defendant's
3888	3888	driving record. The report must include the beginning date of the
3889	3889	defendant's community supervision. On the defendant's successful
3890	3890	completion of the educational program for repeat offenders, the
3891	3891	defendant's instructor shall give notice to the Department of
3892	3892	Public Safety for inclusion in the defendant's driving record and
3893	3893	to the community supervision and corrections department. The
3894	3894	community supervision and corrections department shall then
3895	3895	forward the notice to the court clerk for filing. If the Department
3896	3896	of Public Safety does not receive notice that a defendant required
3897	3897	to complete an educational program has successfully completed the
3898	3898	program for repeat offenders within the period required by the
3899	3899	judge, as shown on department records, the department shall revoke
3900	3900	the defendant's driver's license, permit, or privilege or prohibit
3901	3901	the defendant from obtaining a license or permit, as provided by
3902	3902	Sections 521.344(e) and (f), Transportation Code.
3903	3903	SECTION 8.207. Section 401.501, Health and Safety Code, as
3904	3904	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
3905	3905	2015, is amended by amending Subdivision (1) and adding
3906	3906	Subdivisions (1-a) and (2) to read as follows:
3907	3907	(1) "Commission" means the Texas Commission of
3908	3908	Licensing and Regulation.
3909	3909	(1-a) "Department" means the Texas Department of
3910	3910	Licensing and Regulation [State Health Services].
3911	3911	(2) "Executive director" means the executive director
3912	3912	of the department.
3913	3913	SECTION 8.208. Subchapter M, Chapter 401, Health and Safety
3914	3914	Code, is amended by adding Section 401.5011 to read as follows:
3915	3915	Sec. 401.5011. GENERAL POWERS AND DUTIES. The executive
3916	3916	director shall administer and enforce this chapter.
3917	3917	SECTION 8.209. Section 401.502, Health and Safety Code, is
3918	3918	amended to read as follows:
3919	3919	Sec. 401.502. EXAMINATION. The commission [executive
3920	3920	commissioner] may adopt rules to govern the development and
3921	3921	administration of an examination for an applicant under this
3922	3922	subchapter.
3923	3923	SECTION 8.210. Section 401.503, Health and Safety Code, is
3924	3924	amended to read as follows:
3925	3925	Sec. 401.503. APPLICATION PROCESS. (a) An application for
3926	3926	a certificate or license under this subchapter must be submitted in
3927	3927	the manner and [made] on a form prescribed [and provided] by the
3928	3928	executive director [department].
3929	3929	(b) The application must require an applicant to provide
3930	3930	sworn statements relating to the applicant's education and to
3931	3931	provide other information required by the commission [department].
3932	3932	SECTION 8.211. Section 401.505(a), Health and Safety Code,
3933	3933	is amended to read as follows:
3934	3934	(a) An applicant for a laser hair removal professional
3935	3935	certificate must:
3936	3936	(1) be certified by a recognized certifying agency,
3937	3937	including the Society for Clinical and Medical Hair Removal or
3938	3938	another certification entity approved by the department;
3939	3939	(2) meet the requirements for a senior laser hair
3940	3940	removal technician certificate under Section 401.506; and
3941	3941	(3) pass an examination required [administered] by the
3942	3942	department.
3943	3943	SECTION 8.212. The heading to Section 401.512, Health and
3944	3944	Safety Code, is amended to read as follows:
3945	3945	Sec. 401.512. TERM [RENEWAL] OF CERTIFICATE OR LICENSE.
3946	3946	SECTION 8.213. Section 401.512(a), Health and Safety Code,
3947	3947	is amended to read as follows:
3948	3948	(a) A certificate or license expires on the second
3949	3949	anniversary of the date of issuance and may be renewed.
3950	3950	SECTION 8.214. Section 401.515(b), Health and Safety Code,
3951	3951	is amended to read as follows:
3952	3952	(b) The commission [executive commissioner] shall adopt
3953	3953	rules relating to the customer notice.
3954	3954	SECTION 8.215. Sections 401.516(a) and (b), Health and
3955	3955	Safety Code, are amended to read as follows:
3956	3956	(a) A laser hair removal facility shall post a warning sign
3957	3957	as prescribed by the commission [department] in a conspicuous
3958	3958	location readily visible to a person entering the facility. The
3959	3959	sign must provide a toll-free telephone number and e-mail address
3960	3960	for the department and inform the customer that the customer may
3961	3961	contact [call] the department.
3962	3962	(b) The commission [executive commissioner] shall adopt
3963	3963	rules specifying the size, content, and design of the sign, with
3964	3964	wording listing the potential dangers involved.
3965	3965	SECTION 8.216. Section 401.518(a), Health and Safety Code,
3966	3966	is amended to read as follows:
3967	3967	(a) A laser hair removal facility operator is responsible
3968	3968	for maintaining the laser hair removal facility's compliance with
3969	3969	the requirements of this subchapter and commission [department]
3970	3970	rules relating to laser and pulsed light devices.
3971	3971	SECTION 8.217. Section 401.519(b), Health and Safety Code,
3972	3972	is amended to read as follows:
3973	3973	(b) Under the rules of the commission [department], a laser
3974	3974	hair removal facility must document with the department the
3975	3975	facility's contractual relationship with the consulting physician.
3976	3976	SECTION 8.218. Section 401.521(b), Health and Safety Code,
3977	3977	is amended to read as follows:
3978	3978	(b) A person who violates Subsection (a) is practicing
3979	3979	medicine in violation of Subtitle B, Title 3, Occupations Code, and
3980	3980	is subject to the penalties under that subtitle and Subchapter F,
3981	3981	Chapter 51, Occupations Code [under Section 401.522].
3982	3982	SECTION 8.219. The heading to Section 401.522, Health and
3983	3983	Safety Code, is amended to read as follows:
3984	3984	Sec. 401.522. AMOUNT OF ADMINISTRATIVE PENALTY
3985	3985	[ENFORCEMENT; PENALTIES].
3986	3986	SECTION 8.220. Section 401.522(a), Health and Safety Code,
3987	3987	is amended to read as follows:
3988	3988	(a) The amount of [department may impose] an administrative
3989	3989	penalty imposed for a violation of this subchapter or a rule adopted
3990	3990	or order issued [on a person who violates this subchapter or a rule
3991	3991	adopted] under this subchapter [. The amount of the penalty] may
3992	3992	not exceed $5,000 for each violation.
3993	3993	SECTION 8.221. Section 455.001, Occupations Code, is
3994	3994	amended by amending Subdivisions (1) and (2) and adding Subdivision
3995	3995	(1-a) to read as follows:
3996	3996	(1) "Commission" means the Texas Commission of
3997	3997	Licensing and Regulation.
3998	3998	(1-a) "Department" means the Texas Department of
3999	3999	Licensing and Regulation [State Health Services].
4000	4000	(2) "Executive director" [commissioner"] means the
4001	4001	executive director [commissioner] of the department [Health and
4002	4002	Human Services Commission].
4003	4003	SECTION 8.222. The heading to Subchapter B, Chapter 455,
4004	4004	Occupations Code, is amended to read as follows:
4005	4005	SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER]
4006	4006	SECTION 8.223. Section 455.053, Occupations Code, is
4007	4007	amended to read as follows:
4008	4008	Sec. 455.053. RULES REGARDING MASSAGE SCHOOLS. Rules
4009	4009	adopted under this chapter relating to a massage school must
4010	4010	contain minimum standards for:
4011	4011	(1) the issuance, denial, renewal, suspension,
4012	4012	revocation, or probation of a license under this chapter;
4013	4013	(2) the qualifications of professional personnel;
4014	4014	(3) the supervision of professional personnel;
4015	4015	(4) the equipment essential to the education, health,
4016	4016	and safety of students, massage school personnel, and the public;
4017	4017	(5) the sanitary and hygienic conditions of a massage
4018	4018	school;
4019	4019	(6) the provision of massage therapy or other massage
4020	4020	services by a massage school or student;
4021	4021	(7) the maximum number of hours a student may
4022	4022	accumulate in a massage school's internship program before the
4023	4023	student is required to be licensed under this chapter;
4024	4024	(8) the educational and clinical records kept by a
4025	4025	massage school;
4026	4026	(9) the organizational structure of a massage school,
4027	4027	including the lines of authority and the delegation of
4028	4028	responsibility;
4029	4029	(10) fire prevention and safety in a massage school;
4030	4030	(11) the massage school's curriculum and educational
4031	4031	material;
4032	4032	(12) massage school inspections; and
4033	4033	(13) any other aspect of the operation of a massage
4034	4034	school that the commission [executive commissioner] considers
4035	4035	necessary to protect students, massage school personnel, or the
4036	4036	public.
4037	4037	SECTION 8.224. The heading to Subchapter C, Chapter 455,
4038	4038	Occupations Code, is amended to read as follows:
4039	4039	SUBCHAPTER C. POWERS AND DUTIES [OF DEPARTMENT]
4040	4040	SECTION 8.225. Section 455.101, Occupations Code, is
4041	4041	amended to read as follows:
4042	4042	Sec. 455.101. GENERAL POWERS AND DUTIES [OF DEPARTMENT].
4043	4043	(a) The executive director [department] shall [:
4044	4044	[(1)] administer and enforce this chapter.
4045	4045	(b) The department shall:
4046	4046	(1) [;
4047	4047	[(2)] investigate a person who may be engaging in a
4048	4048	practice that violates this chapter;
4049	4049	(2) [(3)] regulate the number and content of school
4050	4050	hours provided by a massage school or a massage therapy instructor;
4051	4051	and
4052	4052	(3) [(4)] prepare and administer a state examination
4053	4053	under this chapter.
4054	4054	SECTION 8.226. Section 455.103, Occupations Code, as
4055	4055	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4056	4056	2015, is amended to read as follows:
4057	4057	Sec. 455.103. MEMORANDUM OF UNDERSTANDING REGARDING
4058	4058	MASSAGE SCHOOLS. (a) The commission [department] may enter into a
4059	4059	memorandum of understanding with the Texas Education Agency to
4060	4060	regulate massage schools.
4061	4061	(b) A memorandum must:
4062	4062	(1) be adopted by the commission [executive
4063	4063	commissioner] by rule; and
4064	4064	(2) limit the total amount of the fees charged by the
4065	4065	department and the Texas Education Agency for licensing a massage
4066	4066	school to an amount equal to the amount of the fees the department
4067	4067	would charge for licensing the massage school in the absence of the
4068	4068	memorandum.
4069	4069	SECTION 8.227. Section 455.151(d), Occupations Code, as
4070	4070	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4071	4071	2015, is amended to read as follows:
4072	4072	(d) The department may issue one or more types of licenses
4073	4073	not otherwise provided for by this chapter that authorize the
4074	4074	license holder to perform a service described by Subsection
4075	4075	(c). The commission [executive commissioner] may adopt rules
4076	4076	governing a license issued under this subsection.
4077	4077	SECTION 8.228. Section 455.153, Occupations Code, as
4078	4078	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4079	4079	2015, is amended to read as follows:
4080	4080	Sec. 455.153. APPLICATION FOR LICENSE. An applicant for a
4081	4081	license under this chapter must:
4082	4082	(1) submit an application in the manner and on a form
4083	4083	prescribed [provided] by the executive director [department]; and
4084	4084	(2) include with the application the application fee
4085	4085	set by the commission [executive commissioner] by rule.
4086	4086	SECTION 8.229. Sections 455.1572(c) and (e), Occupations
4087	4087	Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
4088	4088	Session, 2015, are amended to read as follows:
4089	4089	(c) A provisional license is valid until the date the
4090	4090	department approves or denies the provisional license holder's
4091	4091	application for licensing. The department shall issue a license
4092	4092	under this chapter to the provisionally licensed person if the
4093	4093	person:
4094	4094	(1) is eligible for a license under Section 51.404
4095	4095	[455.1571]; or
4096	4096	(2) passes the part of the examination under Section
4097	4097	455.101 that relates to the applicant's knowledge and understanding
4098	4098	of the laws and rules relating to the practice of massage therapy in
4099	4099	this state and:
4100	4100	(A) the department verifies that the person meets
4101	4101	the academic and experience requirements for licensing under this
4102	4102	chapter; and
4103	4103	(B) the person satisfies any other licensing
4104	4104	requirements under this chapter.
4105	4105	(e) The commission [executive commissioner] by rule may
4106	4106	establish a fee for a provisional license.
4107	4107	SECTION 8.230. The heading to Section 455.160, Occupations
4108	4108	Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
4109	4109	Session, 2015, is amended to read as follows:
4110	4110	Sec. 455.160. LICENSE TERM AND RENEWAL.
4111	4111	SECTION 8.231. Section 455.160(a), Occupations Code, as
4112	4112	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4113	4113	2015, is amended to read as follows:
4114	4114	(a) A license issued under this chapter is valid for two
4115	4115	years. A license holder must renew the license biennially. [The
4116	4116	license expires unless the license holder submits an application
4117	4117	for renewal accompanied by the renewal fee prescribed by the
4118	4118	executive commissioner by rule or by the late fee prescribed by this
4119	4119	section.]
4120	4120	SECTION 8.232. Sections 455.203(a) and (b), Occupations
4121	4121	Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
4122	4122	Session, 2015, are amended to read as follows:
4123	4123	(a) A massage school must meet the minimum standards of
4124	4124	operation established by commission [department] rule.
4125	4125	(b) An instructor must meet the minimum requirements
4126	4126	established by commission [department] rule.
4127	4127	SECTION 8.233. Section 455.251, Occupations Code, as
4128	4128	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4129	4129	2015, is amended to read as follows:
4130	4130	Sec. 455.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
4131	4131	ACTION. (a) The commission or executive director [department] may
4132	4132	refuse to issue a license to a person and shall suspend, revoke, or
4133	4133	refuse to renew the license of a person or shall reprimand a person
4134	4134	licensed under this chapter if the person:
4135	4135	(1) obtains a license by fraud, misrepresentation, or
4136	4136	concealment of material facts;
4137	4137	(2) sells, barters, or offers to sell or barter a
4138	4138	license;
4139	4139	(3) violates a rule adopted by the commission
4140	4140	[executive commissioner] under this chapter;
4141	4141	(4) engages in unprofessional conduct as defined by
4142	4142	commission [department] rule that endangers or is likely to
4143	4143	endanger the health, welfare, or safety of the public;
4144	4144	(5) violates an order or ordinance adopted by a
4145	4145	political subdivision under Chapter 243, Local Government Code; or
4146	4146	(6) violates this chapter.
4147	4147	(b) The commission or executive director [department] shall
4148	4148	revoke the license of a person licensed as a massage therapist or
4149	4149	massage therapy instructor if:
4150	4150	(1) the person is convicted of, enters a plea of nolo
4151	4151	contendere or guilty to, or receives deferred adjudication for an
4152	4152	offense involving prostitution or another sexual offense; or
4153	4153	(2) the commission or executive director [department]
4154	4154	determines the person has practiced or administered massage therapy
4155	4155	at or for a sexually oriented business.
4156	4156	(c) The commission or executive director [department] shall
4157	4157	revoke the license of a person licensed as a massage school or
4158	4158	massage establishment if the commission or executive director
4159	4159	[department] determines that:
4160	4160	(1) the school or establishment is a sexually oriented
4161	4161	business; or
4162	4162	(2) an offense involving prostitution or another
4163	4163	sexual offense that resulted in a conviction for the offense, a plea
4164	4164	of nolo contendere or guilty to the offense, or a grant of deferred
4165	4165	adjudication for the offense occurred on the premises of the school
4166	4166	or establishment.
4167	4167	SECTION 8.234. The heading to Section 455.302, Occupations
4168	4168	Code, is amended to read as follows:
4169	4169	Sec. 455.302. AMOUNT OF ADMINISTRATIVE PENALTY.
4170	4170	SECTION 8.235. Section 455.302(a), Occupations Code, is
4171	4171	amended to read as follows:
4172	4172	(a) The amount of an administrative penalty imposed for a
4173	4173	violation of this chapter or a rule adopted or order issued under
4174	4174	this chapter may not exceed $1,000 for each violation. Each day a
4175	4175	violation continues or occurs is a separate violation for purposes
4176	4176	of imposing a penalty.
4177	4177	SECTION 8.236. Section 1952.001, Occupations Code, as
4178	4178	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4179	4179	2015, is amended by adding Subdivision (2-a) and amending
4180	4180	Subdivisions (3) and (4) to read as follows:
4181	4181	(2-a) "Commission" means the Texas Commission of
4182	4182	Licensing and Regulation.
4183	4183	(3) "Department" means the Texas Department of
4184	4184	Licensing and Regulation [State Health Services].
4185	4185	(4) "Executive director [commissioner]" means the
4186	4186	executive director [commissioner] of the department [Health and
4187	4187	Human Services Commission].
4188	4188	SECTION 8.237. The heading to Subchapter B, Chapter 1952,
4189	4189	Occupations Code, as amended by S.B. 219, Acts of the 84th
4190	4190	Legislature, Regular Session, 2015, is amended to read as follows:
4191	4191	SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND
4192	4192	DEPARTMENT]
4193	4193	SECTION 8.238. Section 1952.051, Occupations Code, as
4194	4194	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4195	4195	2015, is amended to read as follows:
4196	4196	Sec. 1952.051. GENERAL POWERS AND DUTIES [RULES]. (a) The
4197	4197	executive director shall administer and enforce this chapter.
4198	4198	(b) The commission [executive commissioner] by rule shall
4199	4199	[:
4200	4200	[(1)] adopt standards and education requirements
4201	4201	consistent with those established under Chapter 654, Government
4202	4202	Code, for the registration of:
4203	4203	(1) [(A)] code enforcement officers; and
4204	4204	(2) [(B)] code enforcement officers in training [; and
4205	4205	[(2) prescribe application forms for original and
4206	4206	renewal certificates of registration].
4207	4207	SECTION 8.239. Section 1952.053(b), Occupations Code, as
4208	4208	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4209	4209	2015, is amended to read as follows:
4210	4210	(b) The register must include:
4211	4211	(1) the name, residence, date of birth, and social
4212	4212	security number of the applicant;
4213	4213	(2) the name and address of the employer or business of
4214	4214	the applicant;
4215	4215	(3) the date of the application;
4216	4216	(4) the education and experience qualifications of the
4217	4217	applicant;
4218	4218	(5) the action taken by the department regarding the
4219	4219	application and the date of the action;
4220	4220	(6) the serial number of any certificate of
4221	4221	registration issued to the applicant; and
4222	4222	(7) any other information required by commission
4223	4223	[department] rule.
4224	4224	SECTION 8.240. Subchapter B, Chapter 1952, Occupations
4225	4225	Code, is amended by adding Section 1952.055 to read as follows:
4226	4226	Sec. 1952.055. ADVISORY COMMITTEE. The department may
4227	4227	establish an advisory committee to provide advice and
4228	4228	recommendations to the department on technical matters relevant to
4229	4229	the administration of this chapter.
4230	4230	SECTION 8.241. Section 1952.102, Occupations Code, as
4231	4231	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4232	4232	2015, is amended to read as follows:
4233	4233	Sec. 1952.102. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT
4234	4234	OFFICER. To be eligible to receive a certificate of registration as
4235	4235	a code enforcement officer, a person must:
4236	4236	(1) submit an application in the manner and on the form
4237	4237	prescribed by the executive director;
4238	4238	(2) have at least one year of full-time experience in
4239	4239	the field of code enforcement;
4240	4240	(3) [(2)] pass the examination required [conducted]
4241	4241	by the department [or the department's designee];
4242	4242	(4) [(3)] pay the application, examination, and
4243	4243	registration fees; and
4244	4244	(5) [(4)] meet any other requirements prescribed by
4245	4245	this chapter or by commission [department] rule.
4246	4246	SECTION 8.242. Section 1952.103(a), Occupations Code, is
4247	4247	amended to read as follows:
4248	4248	(a) An applicant for a certificate of registration under
4249	4249	this chapter who has less than one year of full-time experience in
4250	4250	code enforcement is entitled to receive a certificate of
4251	4251	registration as a code enforcement officer in training on:
4252	4252	(1) passing the examination described by Section
4253	4253	1952.102(3) [1952.102(2)]; [and]
4254	4254	(2) paying the required fees; and
4255	4255	(3) meeting any other requirement prescribed by this
4256	4256	chapter or by commission rule.
4257	4257	SECTION 8.243. The heading to Section 1952.105, Occupations
4258	4258	Code, is amended to read as follows:
4259	4259	Sec. 1952.105. TERM [RENEWAL OR REINSTATEMENT] OF
4260	4260	CERTIFICATE; RENEWAL.
4261	4261	SECTION 8.244. Section 1952.105(a), Occupations Code, as
4262	4262	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4263	4263	2015, is amended to read as follows:
4264	4264	(a) A certificate of registration issued under this chapter
4265	4265	expires on the second anniversary of the date of issuance and may be
4266	4266	renewed biennially on payment of the required renewal fee and on
4267	4267	completion of the continuing education requirements prescribed by
4268	4268	commission [department] rule.
4269	4269	SECTION 8.245. Section 1952.1051, Occupations Code, as
4270	4270	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4271	4271	2015, is amended to read as follows:
4272	4272	Sec. 1952.1051. CONTINUING EDUCATION. The commission
4273	4273	[executive commissioner] by rule shall prescribe continuing
4274	4274	education requirements for code enforcement officers and code
4275	4275	enforcement officers in training that:
4276	4276	(1) establish the number of hours of continuing
4277	4277	education required for renewal of a certificate of registration;
4278	4278	(2) establish an approved curriculum that includes
4279	4279	material regarding changes in applicable law; and
4280	4280	(3) provide that the approved curriculum may be taught
4281	4281	by suitable public agencies and by private entities approved by the
4282	4282	department.
4283	4283	SECTION 8.246. Section 1952.151, Occupations Code, is
4284	4284	amended to read as follows:
4285	4285	Sec. 1952.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
4286	4286	(a) The commission or executive director [department] may deny a
4287	4287	person's application for a certificate of registration if the
4288	4288	person's certificate or license to engage in code enforcement or a
4289	4289	related profession has been revoked by another licensing entity in
4290	4290	this state or another state for:
4291	4291	(1) unprofessional conduct;
4292	4292	(2) fraud, deceit, or negligence; or
4293	4293	(3) misconduct in the practice of code enforcement or
4294	4294	a related profession.
4295	4295	(b) The commission or executive director [department] shall
4296	4296	suspend or revoke a certificate of registration issued under this
4297	4297	chapter if the commission or executive director [department]
4298	4298	determines that the certificate holder:
4299	4299	(1) engaged in fraud or deceit in obtaining a
4300	4300	certificate; or
4301	4301	(2) is grossly negligent, incompetent, or guilty of
4302	4302	misconduct in the practice of code enforcement.
4303	4303	SECTION 8.247. Section 1952.252(a), Occupations Code, is
4304	4304	amended to read as follows:
4305	4305	(a) The amount of an [the] administrative penalty imposed
4306	4306	for a violation of this chapter or a rule adopted or order issued
4307	4307	under this chapter may not be less than $50 or more than $5,000 for
4308	4308	each violation. Each day a violation continues or occurs is a
4309	4309	separate violation for the purpose of imposing a penalty.
4310	4310	SECTION 8.248. Section 1953.001, Occupations Code, as
4311	4311	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4312	4312	2015, is amended by amending Subdivisions (1) and (2) and adding
4313	4313	Subdivision (1-a) to read as follows:
4314	4314	(1) "Commission" means the Texas Commission of
4315	4315	Licensing and Regulation.
4316	4316	(1-a) "Department" means the Texas Department of
4317	4317	Licensing and Regulation [State Health Services].
4318	4318	(2) "Executive director [commissioner]" means the
4319	4319	executive director [commissioner] of the department [Health and
4320	4320	Human Services Commission].
4321	4321	SECTION 8.249. The heading to Subchapter B, Chapter 1953,
4322	4322	Occupations Code, as amended by S.B. 219, Acts of the 84th
4323	4323	Legislature, Regular Session, 2015, is amended to read as follows:
4324	4324	SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND
4325	4325	DEPARTMENT]
4326	4326	SECTION 8.250. Section 1953.051, Occupations Code, as
4327	4327	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4328	4328	2015, is amended to read as follows:
4329	4329	Sec. 1953.051. GENERAL POWERS AND DUTIES [OF DEPARTMENT].
4330	4330	(a) The executive director shall administer and enforce this
4331	4331	chapter.
4332	4332	(b) The department shall:
4333	4333	(1) administer continuing education requirements; and
4334	4334	(2) prescribe necessary forms.
4335	4335	SECTION 8.251. Subchapter B, Chapter 1953, Occupations
4336	4336	Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
4337	4337	Session, 2015, is amended by adding Section 1953.0512 to read as
4338	4338	follows:
4339	4339	Sec. 1953.0512. ADVISORY COMMITTEE. The department may
4340	4340	establish an advisory committee to provide advice and
4341	4341	recommendations to the department on technical matters relevant to
4342	4342	the administration of this chapter.
4343	4343	SECTION 8.252. Section 1953.102, Occupations Code, as
4344	4344	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4345	4345	2015, is amended to read as follows:
4346	4346	Sec. 1953.102. ELIGIBILITY REQUIREMENTS. (a) To be
4347	4347	eligible to receive a certificate of registration as a professional
4348	4348	sanitarian, a person must:
4349	4349	(1) hold at least a bachelor's degree from an
4350	4350	accredited college or university that includes at least 30 semester
4351	4351	hours in basic or applied science;
4352	4352	(2) complete any additional training in the basic
4353	4353	sciences or public health the department [executive commissioner]
4354	4354	determines necessary to effectively serve as a professional
4355	4355	sanitarian; and
4356	4356	(3) have at least two years of full-time experience in
4357	4357	sanitation.
4358	4358	(b) The commission [executive commissioner] by rule may
4359	4359	establish other qualifications for registration.
4360	4360	SECTION 8.253. Section 1953.104(a), Occupations Code, as
4361	4361	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4362	4362	2015, is amended to read as follows:
4363	4363	(a) The department shall issue a certificate of
4364	4364	registration as a professional sanitarian to a person who:
4365	4365	(1) applies in the manner and on the form prescribed by
4366	4366	the executive director [department];
4367	4367	(2) pays the registration fee set by the commission
4368	4368	[executive commissioner] by rule;
4369	4369	(3) meets the eligibility requirements prescribed by
4370	4370	Section 1953.102; and
4371	4371	(4) passes an examination under Subchapter D.
4372	4372	SECTION 8.254. Section 1953.105(a), Occupations Code, as
4373	4373	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4374	4374	2015, is amended to read as follows:
4375	4375	(a) The department shall issue a certificate of
4376	4376	registration as a sanitarian in training to a person who:
4377	4377	(1) is employed in sanitation;
4378	4378	(2) meets the eligibility requirements prescribed by
4379	4379	Section 1953.102, other than the requirements relating to
4380	4380	experience;
4381	4381	(3) pays a registration fee prescribed by the
4382	4382	commission [executive commissioner] by rule for a sanitarian in
4383	4383	training; and
4384	4384	(4) passes an examination under Subchapter D.
4385	4385	SECTION 8.255. The heading to Section 1953.106, Occupations
4386	4386	Code, is amended to read as follows:
4387	4387	Sec. 1953.106. RENEWAL [OR REINSTATEMENT] OF CERTIFICATE.
4388	4388	SECTION 8.256. Section 1953.106(a), Occupations Code, as
4389	4389	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4390	4390	2015, is amended to read as follows:
4391	4391	(a) To renew a certificate of registration under this
4392	4392	chapter, a professional sanitarian must:
4393	4393	(1) pay to the department a renewal fee prescribed by
4394	4394	the commission [executive commissioner] by rule; and
4395	4395	(2) provide proof of completion of continuing
4396	4396	education requirements [contact hours as] prescribed by the
4397	4397	commission by rule [executive commissioner].
4398	4398	SECTION 8.257. Section 1953.151(b), Occupations Code, as
4399	4399	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4400	4400	2015, is amended to read as follows:
4401	4401	(b) An applicant for a certificate of registration may not
4402	4402	take the examination unless the applicant pays the examination fee
4403	4403	prescribed by the commission [executive commissioner] by rule.
4404	4404	SECTION 8.258. Section 1953.201, Occupations Code, as
4405	4405	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4406	4406	2015, is amended to read as follows:
4407	4407	Sec. 1953.201. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
4408	4408	(a) The commission or executive director [department] may deny a
4409	4409	person's application for a certificate of registration if:
4410	4410	(1) the person's certificate or license to engage in a
4411	4411	profession in this state or elsewhere has been revoked for
4412	4412	unprofessional conduct, fraud, deceit, negligence, or misconduct
4413	4413	in the practice of the profession; or
4414	4414	(2) satisfactory proof is presented to the commission
4415	4415	or executive director [department] establishing that the person has
4416	4416	been found guilty of unprofessional conduct, fraud, deceit,
4417	4417	negligence, or misconduct in the practice of a profession.
4418	4418	(b) The commission or executive director [department] may
4419	4419	suspend or revoke a certificate of registration if the certificate
4420	4420	holder:
4421	4421	(1) practiced fraud or deceit in obtaining the
4422	4422	certificate; or
4423	4423	(2) acted in a manner constituting gross negligence,
4424	4424	incompetency, or misconduct in the practice of sanitation.
4425	4425	SECTION 8.259. Section 1953.302(a), Occupations Code, is
4426	4426	amended to read as follows:
4427	4427	(a) The amount of an [the] administrative penalty imposed
4428	4428	for a violation of this chapter or a rule adopted or order issued
4429	4429	under this chapter may not be less than $50 or more than $5,000 for
4430	4430	each violation. Each day a violation continues or occurs is a
4431	4431	separate violation for the purpose of imposing a penalty.
4432	4432	SECTION 8.260. Section 1958.001, Occupations Code, as
4433	4433	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4434	4434	2015, is amended by amending Subdivisions (1) and (2) and adding
4435	4435	Subdivision (1-a) to read as follows:
4436	4436	(1) "Commission" means the Texas Commission of
4437	4437	Licensing and Regulation.
4438	4438	(1-a) "Department" means the Texas Department of
4439	4439	Licensing and Regulation [State Health Services].
4440	4440	(2) "Executive director [commissioner]" means the
4441	4441	executive director [commissioner] of the department [Health and
4442	4442	Human Services Commission].
4443	4443	SECTION 8.261. Section 1958.051, Occupations Code, is
4444	4444	amended to read as follows:
4445	4445	Sec. 1958.051. GENERAL POWERS AND DUTIES [OF DEPARTMENT;
4446	4446	SCOPE OF AUTHORITY]. The executive director [department] shall
4447	4447	administer and enforce this chapter to protect the public from the
4448	4448	adverse health effects of mold.
4449	4449	SECTION 8.262. Section 1958.054, Occupations Code, as
4450	4450	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4451	4451	2015, is amended to read as follows:
4452	4452	Sec. 1958.054. RULES REGARDING PERFORMANCE STANDARDS AND
4453	4453	WORK PRACTICES. The commission [executive commissioner] by rule
4454	4454	shall establish minimum performance standards and work practices
4455	4455	for conducting a mold assessment or mold remediation in this state.
4456	4456	SECTION 8.263. Section 1958.056(b), Occupations Code, as
4457	4457	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4458	4458	2015, is amended to read as follows:
4459	4459	(b) The commission [executive commissioner] shall adopt
4460	4460	rules regarding compliance investigations.
4461	4461	SECTION 8.264. Section 1958.058, Occupations Code, as
4462	4462	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4463	4463	2015, is amended to read as follows:
4464	4464	Sec. 1958.058. SAFETY STANDARDS. The commission [executive
4465	4465	commissioner] by rule may develop and establish mold safety
4466	4466	standards for license holders if appropriate scientific
4467	4467	information exists regarding the effect of mold.
4468	4468	SECTION 8.265. Section 1958.059, Occupations Code, as
4469	4469	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4470	4470	2015, is amended to read as follows:
4471	4471	Sec. 1958.059. CODE OF ETHICS. The commission [executive
4472	4472	commissioner] by rule shall adopt a code of ethics for license
4473	4473	holders that promotes the education of mold assessors and mold
4474	4474	remediators concerning the ethical, legal, and business principles
4475	4475	that should govern their conduct.
4476	4476	SECTION 8.266. Section 1958.101(b), Occupations Code, as
4477	4477	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4478	4478	2015, is amended to read as follows:
4479	4479	(b) The commission [executive commissioner] shall adopt
4480	4480	rules regarding:
4481	4481	(1) the scope of mold-related work for which a license
4482	4482	is required, including the supervision of employees or other
4483	4483	persons by license holders; and
4484	4484	(2) renewal requirements for a license issued under
4485	4485	this chapter.
4486	4486	SECTION 8.267. Section 1958.103, Occupations Code, as
4487	4487	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4488	4488	2015, is amended to read as follows:
4489	4489	Sec. 1958.103. REGISTRATION REQUIREMENTS FOR EMPLOYEES.
4490	4490	The commission [executive commissioner] may adopt rules to require
4491	4491	the registration of employees supervised by license holders.
4492	4492	SECTION 8.268. Section 1958.104, Occupations Code, as
4493	4493	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4494	4494	2015, is amended to read as follows:
4495	4495	Sec. 1958.104. RULES REGARDING LICENSE APPLICATION. The
4496	4496	commission [executive commissioner] shall adopt rules regarding a
4497	4497	license application. The commission [executive commissioner] shall
4498	4498	adopt rules that establish minimum requirements for a license,
4499	4499	including:
4500	4500	(1) the type of license;
4501	4501	(2) the qualifications for the license, including any
4502	4502	previous training required under Section 1958.106;
4503	4503	(3) renewal requirements for the license, including
4504	4504	ongoing continuing education required under Section 1958.106; and
4505	4505	(4) liability insurance requirements for the license.
4506	4506	SECTION 8.269. Section 1958.106(a), Occupations Code, as
4507	4507	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4508	4508	2015, is amended to read as follows:
4509	4509	(a) The commission [executive commissioner] shall adopt
4510	4510	rules regarding training required under this chapter and continuing
4511	4511	education required for a license holder under this chapter.
4512	4512	SECTION 8.270. Section 1958.153(c), Occupations Code, as
4513	4513	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4514	4514	2015, is amended to read as follows:
4515	4515	(c) The commission [executive commissioner] shall adopt
4516	4516	rules to implement this section, including rules:
4517	4517	(1) describing the information that must be provided
4518	4518	in the notice; and
4519	4519	(2) authorizing verbal notification to the department
4520	4520	in an emergency.
4521	4521	SECTION 8.271. Section 1958.154(c), Occupations Code, as
4522	4522	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4523	4523	2015, is amended to read as follows:
4524	4524	(c) The commission [executive commissioner] shall adopt
4525	4525	rules to implement this section, other than rules described by
4526	4526	Subsection (d).
4527	4527	SECTION 8.272. Section 1958.155(c), Occupations Code, as
4528	4528	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4529	4529	2015, is amended to read as follows:
4530	4530	(c) A license holder who is not an individual shall disclose
4531	4531	to the department the name, address, and occupation of each person
4532	4532	that has an ownership interest in the license holder. The license
4533	4533	holder shall report any changes in ownership to the department. The
4534	4534	commission [executive commissioner] shall adopt rules to implement
4535	4535	this section, including rules regarding the form of the disclosure
4536	4536	and the time required to make disclosures or to report a change in
4537	4537	ownership.
4538	4538	SECTION 8.273. Section 1958.201, Occupations Code, is
4539	4539	amended to read as follows:
4540	4540	Sec. 1958.201. DISCIPLINARY ACTION. If a license holder
4541	4541	violates this chapter or an order or rule adopted under this
4542	4542	chapter, the commission or executive director [department], after
4543	4543	providing the person with notice and an opportunity for a hearing,
4544	4544	shall take one or more of the following actions:
4545	4545	(1) revoke, suspend, or refuse to renew the license;
4546	4546	(2) impose an administrative penalty;
4547	4547	(3) bring an action to collect a civil penalty; or
4548	4548	(4) reprimand the person.
4549	4549	SECTION 8.274. Section 1958.252, Occupations Code, as
4550	4550	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4551	4551	2015, is amended to read as follows:
4552	4552	Sec. 1958.252. AMOUNT OF PENALTY. (a) The amount of an
4553	4553	administrative penalty imposed for a violation of this chapter or a
4554	4554	rule adopted or order issued under this chapter may not exceed
4555	4555	$5,000 for each violation. Each day a violation continues under
4556	4556	Section 1958.101 or 1958.155 may be considered a separate violation
4557	4557	for purposes of imposing a penalty.
4558	4558	(b) The amount shall be based on [In determining the amount
4559	4559	of the penalty, the department shall consider]:
4560	4560	(1) whether the violation was committed knowingly,
4561	4561	intentionally, or fraudulently;
4562	4562	(2) the seriousness of the violation;
4563	4563	(3) any hazard created to the health and safety of the
4564	4564	public;
4565	4565	(4) the person's history of previous violations; and
4566	4566	(5) any other matter that justice may require.
4567	4567	SECTION 8.275. Section 1958.253(a), Occupations Code, as
4568	4568	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4569	4569	2015, is amended to read as follows:
4570	4570	(a) The commission or executive director [department] may
4571	4571	choose not to impose an administrative penalty under this
4572	4572	subchapter if, not later than the 10th day after the date of written
4573	4573	notice of the violation [under Section 1958.254], the person
4574	4574	provides conclusive evidence that the circumstances giving rise to
4575	4575	the violation have been corrected and all actual damages are paid.
4576	4576	SECTION 8.276. Section 521.374(a), Transportation Code, is
4577	4577	amended to read as follows:
4578	4578	(a) A person whose license is suspended under Section
4579	4579	521.372 may attend an educational program, approved by the Texas
4580	4580	Department of Licensing and Regulation [Commission on Alcohol and
4581	4581	Drug Abuse] under rules adopted by the Texas Commission of
4582	4582	Licensing and Regulation [commission] and the department, that is
4583	4583	designed to educate persons on the dangers of drug abuse.
4584	4584	SECTION 8.277. Section 521.375, Transportation Code, is
4585	4585	amended to read as follows:
4586	4586	Sec. 521.375. JOINT ADOPTION OF RULES. (a) The Texas
4587	4587	Commission of Licensing and Regulation [on Alcohol and Drug Abuse]
4588	4588	and the department shall jointly adopt rules for the qualification
4589	4589	and approval of providers of educational programs under Section
4590	4590	521.374.
4591	4591	(b) The Texas Department of Licensing and Regulation
4592	4592	[Commission on Alcohol and Drug Abuse] shall publish the jointly
4593	4593	adopted rules.
4594	4594	SECTION 8.278. Section 521.376, Transportation Code, is
4595	4595	amended to read as follows:
4596	4596	Sec. 521.376. DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
4597	4597	REGULATION [COMMISSION ON ALCOHOL AND DRUG ABUSE]; APPLICATION AND
4598	4598	RENEWAL FEES. The Texas Department of Licensing and Regulation
4599	4599	[Commission on Alcohol and Drug Abuse]:
4600	4600	(1) shall monitor, coordinate, and provide training to
4601	4601	persons who provide educational programs under Section 521.374;
4602	4602	(2) shall administer the approval of those educational
4603	4603	programs; and
4604	4604	(3) may charge a nonrefundable application fee for:
4605	4605	(A) initial certification of approval; and
4606	4606	(B) renewal of the certification.
4607	4607	SECTION 8.279. The following provisions of the Health and
4608	4608	Safety Code are repealed:
4609	4609	(1) Section 401.509;
4610	4610	(2) Section 401.511;
4611	4611	(3) Sections 401.512(b) and (c); and
4612	4612	(4) Sections 401.522(b) and (c).
4613	4613	SECTION 8.280. The following provisions of the Occupations
4614	4614	Code, including provisions amended by S.B. 219, Acts of the 84th
4615	4615	Legislature, Regular Session, 2015, are repealed:
4616	4616	(1) Section 455.051;
4617	4617	(2) Section 455.056;
4618	4618	(3) Section 455.057;
4619	4619	(4) Section 455.058;
4620	4620	(5) Section 455.1565;
4621	4621	(6) Section 455.1571;
4622	4622	(7) Sections 455.160(b), (c), (d), (e), (f), and (g);
4623	4623	(8) Section 455.161;
4624	4624	(9) Section 455.252;
4625	4625	(10) Section 455.253;
4626	4626	(11) Section 455.254;
4627	4627	(12) Section 455.301;
4628	4628	(13) Section 455.303;
4629	4629	(14) Section 455.304;
4630	4630	(15) Section 455.305;
4631	4631	(16) Section 455.306;
4632	4632	(17) Section 455.307;
4633	4633	(18) Section 455.308;
4634	4634	(19) Section 455.309;
4635	4635	(20) Section 455.310;
4636	4636	(21) Section 455.311;
4637	4637	(22) Section 1952.052;
4638	4638	(23) Section 1952.054;
4639	4639	(24) Section 1952.105(b);
4640	4640	(25) Section 1952.152;
4641	4641	(26) Section 1952.251;
4642	4642	(27) Section 1952.253;
4643	4643	(28) Section 1952.254;
4644	4644	(29) Section 1952.255;
4645	4645	(30) Section 1952.256;
4646	4646	(31) Section 1952.257;
4647	4647	(32) Section 1952.258;
4648	4648	(33) Section 1952.259;
4649	4649	(34) Section 1952.260;
4650	4650	(35) Section 1952.261;
4651	4651	(36) Section 1953.0511;
4652	4652	(37) Section 1953.052;
4653	4653	(38) Section 1953.054;
4654	4654	(39) Section 1953.055;
4655	4655	(40) Section 1953.103;
4656	4656	(41) Section 1953.106(b);
4657	4657	(42) Section 1953.152;
4658	4658	(43) Section 1953.202;
4659	4659	(44) Section 1953.301;
4660	4660	(45) Section 1953.303;
4661	4661	(46) Section 1953.304;
4662	4662	(47) Section 1953.305;
4663	4663	(48) Section 1953.306;
4664	4664	(49) Section 1953.307;
4665	4665	(50) Section 1953.308;
4666	4666	(51) Section 1953.309;
4667	4667	(52) Section 1953.310;
4668	4668	(53) Section 1953.311;
4669	4669	(54) Section 1958.053;
4670	4670	(55) Section 1958.055(a);
4671	4671	(56) Section 1958.057;
4672	4672	(57) Section 1958.107;
4673	4673	(58) Section 1958.251;
4674	4674	(59) Section 1958.254;
4675	4675	(60) Section 1958.255;
4676	4676	(61) Section 1958.256;
4677	4677	(62) Section 1958.257;
4678	4678	(63) Section 1958.258; and
4679	4679	(64) Section 1958.302.
4680	4680	PART 3. TRANSITION PROVISIONS
4681	4681	SECTION 8.281. (a) A rule or fee of the Department of State
4682	4682	Health Services that relates to a program transferred under this
4683	4683	article and that is in effect on the effective date of the transfer
4684	4684	remains in effect until changed by the Texas Commission of
4685	4685	Licensing and Regulation.
4686	4686	(b) A license, permit, certificate of registration, or
4687	4687	other authorization issued by the Department of State Health
4688	4688	Services for a program transferred under this article is continued
4689	4689	in effect as a license, permit, certificate, or other authorization
4690	4690	of the Texas Department of Licensing and Regulation after the
4691	4691	effective date of the transfer.
4692	4692	(c) A complaint, investigation, contested case, or other
4693	4693	proceeding before the Department of State Health Services relating
4694	4694	to a program transferred under this article that is pending on the
4695	4695	effective date of the transfer is transferred without change in
4696	4696	status to the Texas Commission of Licensing and Regulation or Texas
4697	4697	Department of Licensing and Regulation, as appropriate.
4698	4698	SECTION 8.282. (a) As soon as practicable after the
4699	4699	effective date of a transfer under this article, the Department of
4700	4700	State Health Services and the Texas Department of Licensing and
4701	4701	Regulation shall adopt a transition plan to provide for the orderly
4702	4702	transfer of powers, duties, functions, programs, and activities
4703	4703	under this article. The transition plan must provide for the
4704	4704	transfer to be completed:
4705	4705	(1) not later than August 31, 2017, for a program
4706	4706	transferred under Part 1 of this article; or
4707	4707	(2) not later than August 31, 2019, for a program
4708	4708	transferred under Part 2 of this article.
4709	4709	(b) The Department of State Health Services shall provide
4710	4710	the Texas Department of Licensing and Regulation with access to any
4711	4711	systems or information necessary for the Texas Department of
4712	4712	Licensing and Regulation to accept a program transferred under this
4713	4713	article.
4714	4714	(c) On the date specified in the transition plan required
4715	4715	under Subsection (a) of this section for the transfer of a
4716	4716	particular program to the Texas Department of Licensing and
4717	4717	Regulation, if applicable, the existing board associated with the
4718	4718	program is abolished and the Texas Department of Licensing and
4719	4719	Regulation shall, as soon as practicable after that date, appoint
4720	4720	the advisory board for the program.
4721	4721	(d) Not later than August 31, 2017, the Texas Department of
4722	4722	Licensing and Regulation shall create a health professions division
4723	4723	to oversee programs transferred under this article and to ensure
4724	4724	the department develops the necessary health-related expertise.
4725	4725	ARTICLE 9. REGULATORY PROGRAMS TRANSFERRED TO THE TEXAS MEDICAL
4726	4726	BOARD
4727	4727	SECTION 9.001. Section 151.004, Occupations Code, is
4728	4728	amended to read as follows:
4729	4729	Sec. 151.004. APPLICATION OF SUNSET ACT. The Texas Medical
4730	4730	Board is subject to Chapter 325, Government Code (Texas Sunset
4731	4731	Act). Unless continued in existence as provided by that chapter,
4732	4732	the board is abolished and this subtitle and Chapters 204, 205,
4733	4733	[and] 206, 601, 602, 603, and 604 expire September 1, 2017.
4734	4734	SECTION 9.002. Section 601.002, Occupations Code, as
4735	4735	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4736	4736	2015, is amended by amending Subdivisions (1), (3), and (4) and
4737	4737	adding Subdivisions (1-a), (4-a), and (4-b) to read as follows:
4738	4738	(1) "Advisory board" means the Texas Board of Medical
4739	4739	Radiologic Technology.
4740	4740	(1-a) "Authorized person" means a person who meets or
4741	4741	exceeds the minimum educational standards of the advisory board
4742	4742	[department] under Section 601.201.
4743	4743	(3) "Direct supervision" means supervision and
4744	4744	control by a medical radiologic technologist or a practitioner who:
4745	4745	(A) assumes legal liability for a student
4746	4746	employed to perform a radiologic procedure and enrolled in a
4747	4747	program that meets the requirements adopted under Section 601.052
4748	4748	[601.053]; and
4749	4749	(B) is physically present during the performance
4750	4750	of the radiologic procedure to provide consultation or direct the
4751	4751	action of the student.
4752	4752	(4) "Education program" means clinical training or any
4753	4753	other program offered by an organization approved by the advisory
4754	4754	board [department] that:
4755	4755	(A) has a specified objective;
4756	4756	(B) includes planned activities for
4757	4757	participants; and
4758	4758	(C) uses an approved method for measuring the
4759	4759	progress of participants.
4760	4760	(4-a) "Hospital" has the meaning assigned by Section
4761	4761	157.051.
4762	4762	(4-b) "Medical board" means the Texas Medical Board.
4763	4763	SECTION 9.003. Chapter 601, Occupations Code, is amended by
4764	4764	adding Subchapter A-1 to read as follows:
4765	4765	SUBCHAPTER A-1. TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY
4766	4766	Sec. 601.021. TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY.
4767	4767	The Texas Board of Medical Radiologic Technology is an advisory
4768	4768	board to the Texas Medical Board.
4769	4769	Sec. 601.022. APPOINTMENT OF ADVISORY BOARD. (a) The
4770	4770	advisory board consists of nine members appointed by the governor
4771	4771	with the advice and consent of the senate as follows:
4772	4772	(1) four medical radiologic technologists who each
4773	4773	have at least five years of experience as a medical radiologic
4774	4774	technologist;
4775	4775	(2) two physicians licensed in this state who
4776	4776	supervise medical radiologic technologists; and
4777	4777	(3) three members who represent the public.
4778	4778	(b) Appointments to the advisory board shall be made without
4779	4779	regard to the race, color, disability, sex, religion, age, or
4780	4780	national origin of the appointee.
4781	4781	Sec. 601.023. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS. (a)
4782	4782	In this section, "Texas trade association" means a cooperative and
4783	4783	voluntarily joined statewide association of business or
4784	4784	professional competitors in this state designed to assist its
4785	4785	members and its industry or profession in dealing with mutual
4786	4786	business or professional problems and in promoting their common
4787	4787	interest.
4788	4788	(b) A person may not be a public member of the advisory board
4789	4789	if the person or the person's spouse:
4790	4790	(1) is registered, certified, or licensed by a
4791	4791	regulatory agency in a health care profession;
4792	4792	(2) is employed by or participates in the management
4793	4793	of a business entity or other organization regulated by or
4794	4794	receiving money from the medical board or advisory board;
4795	4795	(3) owns or controls, directly or indirectly, more
4796	4796	than a 10 percent interest in a business entity or other
4797	4797	organization regulated by or receiving money from the medical board
4798	4798	or advisory board; or
4799	4799	(4) uses or receives a substantial amount of tangible
4800	4800	goods, services, or money from the medical board or advisory board
4801	4801	other than compensation or reimbursement authorized by law for
4802	4802	advisory board membership, attendance, or expenses.
4803	4803	(c) A person may not be a member of the advisory board if:
4804	4804	(1) the person is an officer, employee, or paid
4805	4805	consultant of a Texas trade association in the field of health care;
4806	4806	or
4807	4807	(2) the person's spouse is an officer, manager, or paid
4808	4808	consultant of a Texas trade association in the field of health care.
4809	4809	(d) A person may not be a member of the advisory board or act
4810	4810	as the general counsel to the advisory board if the person is
4811	4811	required to register as a lobbyist under Chapter 305, Government
4812	4812	Code, because of the person's activities for compensation on behalf
4813	4813	of a profession related to the operation of the medical board or
4814	4814	advisory board.
4815	4815	Sec. 601.024. TERMS; VACANCIES. (a) Members of the
4816	4816	advisory board are appointed for staggered six-year terms. The
4817	4817	terms of three members expire on February 1 of each odd-numbered
4818	4818	year.
4819	4819	(b) A member may not serve more than:
4820	4820	(1) two consecutive full terms; or
4821	4821	(2) a total of three full terms.
4822	4822	(c) If a vacancy occurs during a member's term, the governor
4823	4823	shall appoint a new member to fill the unexpired term.
4824	4824	Sec. 601.025. OFFICERS. The governor shall designate a
4825	4825	member of the advisory board as the presiding officer of the
4826	4826	advisory board to serve in that capacity at the will of the
4827	4827	governor. The advisory board shall select from its membership an
4828	4828	assistant presiding officer and other officers as the advisory
4829	4829	board considers necessary to carry out the advisory board's duties.
4830	4830	Sec. 601.026. GROUNDS FOR REMOVAL. (a) It is a ground for
4831	4831	removal from the advisory board that a member:
4832	4832	(1) does not have at the time of taking office the
4833	4833	qualifications required by Sections 601.022 and 601.023;
4834	4834	(2) does not maintain during service on the advisory
4835	4835	board the qualifications required by Sections 601.022 and 601.023;
4836	4836	(3) is ineligible for membership under Section
4837	4837	601.023;
4838	4838	(4) cannot, because of illness or disability,
4839	4839	discharge the member's duties for a substantial part of the member's
4840	4840	term; or
4841	4841	(5) is absent from more than half of the regularly
4842	4842	scheduled advisory board meetings that the member is eligible to
4843	4843	attend during a calendar year without an excuse approved by a
4844	4844	majority vote of the advisory board.
4845	4845	(b) The validity of an action of the advisory board is not
4846	4846	affected by the fact that it is taken when a ground for removal of an
4847	4847	advisory board member exists.
4848	4848	(c) If the executive director of the medical board has
4849	4849	knowledge that a potential ground for removal exists, the executive
4850	4850	director shall notify the presiding officer of the advisory board
4851	4851	of the potential ground. The presiding officer shall then notify
4852	4852	the governor and the attorney general that a potential ground for
4853	4853	removal exists. If the potential ground for removal involves the
4854	4854	presiding officer, the executive director shall notify the next
4855	4855	highest ranking officer of the advisory board, who shall then
4856	4856	notify the governor and the attorney general that a potential
4857	4857	ground for removal exists.
4858	4858	Sec. 601.027. PER DIEM. A member of the advisory board is
4859	4859	entitled to receive a per diem as set by legislative appropriation
4860	4860	for each day that the member engages in the business of the advisory
4861	4861	board.
4862	4862	Sec. 601.028. APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
4863	4863	AND ADMINISTRATIVE PROCEDURE LAWS. Except as otherwise provided
4864	4864	by this chapter, the advisory board is subject to Chapters 551, 552,
4865	4865	and 2001, Government Code.
4866	4866	Sec. 601.029. MEETINGS; QUORUM REQUIREMENTS. (a) The
4867	4867	advisory board shall conduct regular meetings at least three times
4868	4868	a year at the times and places the advisory board considers most
4869	4869	convenient for applicants and advisory board members.
4870	4870	(b) The advisory board may hold special meetings in
4871	4871	accordance with rules adopted by the advisory board and approved by
4872	4872	the medical board.
4873	4873	(c) A majority of the advisory board members constitutes a
4874	4874	quorum for all purposes except for an advisory board activity
4875	4875	related to examining the credentials of applicants, acting as a
4876	4876	panel for disciplinary action under Section 601.306, or conducting
4877	4877	an informal meeting under Section 601.311.
4878	4878	Sec. 601.030. TRAINING. (a) A person who is appointed to
4879	4879	and qualifies for office as a member of the advisory board may not
4880	4880	vote, deliberate, or be counted as a member in attendance at a
4881	4881	meeting of the advisory board until the person completes a training
4882	4882	program that complies with this section.
4883	4883	(b) The training program must provide the person with
4884	4884	information regarding:
4885	4885	(1) this chapter and the advisory board's programs,
4886	4886	functions, rules, and budget;
4887	4887	(2) the results of the most recent formal audit of the
4888	4888	advisory board;
4889	4889	(3) the requirements of laws relating to open
4890	4890	meetings, public information, administrative procedure, and
4891	4891	conflicts of interest; and
4892	4892	(4) any applicable ethics policies adopted by the
4893	4893	advisory board or the Texas Ethics Commission.
4894	4894	(c) A person appointed to the advisory board is entitled to
4895	4895	reimbursement, as provided by the General Appropriations Act, for
4896	4896	the travel expenses incurred in attending the training program
4897	4897	regardless of whether the attendance at the program occurs before
4898	4898	or after the person qualifies for office.
4899	4899	SECTION 9.004. The heading to Subchapter B, Chapter 601,
4900	4900	Occupations Code, as amended by S.B. 219, Acts of the 84th
4901	4901	Legislature, Regular Session, 2015, is amended to read as follows:
4902	4902	SUBCHAPTER B. POWERS AND DUTIES OF ADVISORY BOARD [EXECUTIVE
4903	4903	COMMISSIONER] AND MEDICAL BOARD [DEPARTMENT]
4904	4904	SECTION 9.005. Section 601.052, Occupations Code, as
4905	4905	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4906	4906	2015, is amended to read as follows:
4907	4907	Sec. 601.052. GENERAL POWERS AND DUTIES OF ADVISORY
4908	4908	BOARD [RULES]. The advisory board shall:
4909	4909	(1) [executive commissioner may] adopt rules that are
4910	4910	reasonable and necessary for the performance of the advisory
4911	4911	board's duties under [to implement] this chapter, as provided by
4912	4912	Chapter 2001, Government Code, including rules to establish:
4913	4913	(A) the certification program required by
4914	4914	Subchapter C, including minimum standards for issuing, renewing,
4915	4915	suspending, or revoking a certificate;
4916	4916	(B) certification renewal dates;
4917	4917	(C) the registry required by Subchapter E;
4918	4918	(D) procedures for disciplinary actions;
4919	4919	(E) minimum standards for approving and
4920	4920	rescinding approval of curricula and education programs to train
4921	4921	individuals, registered nurses, and physician assistants to
4922	4922	perform radiologic procedures; and
4923	4923	(F) minimum standards for approving and
4924	4924	rescinding approval of instructors to teach approved curricula or
4925	4925	education programs to train individuals to perform radiologic
4926	4926	procedures;
4927	4927	(2) review and approve or reject each application for
4928	4928	the issuance or renewal of a certificate;
4929	4929	(3) issue each certificate;
4930	4930	(4) deny, suspend, or revoke a certificate or
4931	4931	otherwise discipline a certificate holder; and
4932	4932	(5) take any action necessary to carry out the
4933	4933	functions and duties of the advisory board under this chapter.
4934	4934	SECTION 9.006. Subchapter B, Chapter 601, Occupations Code,
4935	4935	as amended by S.B. 219, Acts of the 84th Legislature, Regular
4936	4936	Session, 2015, is amended by adding Sections 601.0521 and 601.0522
4937	4937	to read as follows:
4938	4938	Sec. 601.0521. GUIDELINES FOR EARLY INVOLVEMENT IN
4939	4939	RULEMAKING PROCESS. (a) The advisory board shall adopt guidelines
4940	4940	to establish procedures for receiving input during the rulemaking
4941	4941	process from individuals and groups that have an interest in
4942	4942	matters under the advisory board's jurisdiction. The guidelines
4943	4943	must provide an opportunity for those individuals and groups to
4944	4944	provide input before the advisory board submits the rule to the
4945	4945	medical board for approval.
4946	4946	(b) A rule adopted under this chapter may not be challenged
4947	4947	on the grounds that the advisory board did not comply with this
4948	4948	section. If the advisory board was unable to solicit a significant
4949	4949	amount of input from the public or affected persons early in the
4950	4950	rulemaking process, the advisory board shall state in writing the
4951	4951	reasons why it was unable to do so.
4952	4952	Sec. 601.0522. POWERS AND DUTIES OF MEDICAL BOARD RELATING
4953	4953	TO RADIOLOGIC PROCEDURES. (a) The medical board shall adopt rules
4954	4954	consistent with this chapter to regulate individuals who:
4955	4955	(1) perform radiologic procedures; and
4956	4956	(2) are licensed by the medical board and supervise an
4957	4957	individual who performs radiologic procedures.
4958	4958	(b) The medical board, by a majority vote, shall approve or
4959	4959	reject each rule adopted by the advisory board. If approved, the
4960	4960	rule may take effect. If the rule is rejected, the medical board
4961	4961	shall return the rule to the advisory board for revision.
4962	4962	SECTION 9.007. Section 601.054, Occupations Code, as
4963	4963	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4964	4964	2015, is amended to read as follows:
4965	4965	Sec. 601.054. APPROVAL AND REVIEW OF CURRICULA AND TRAINING
4966	4966	PROGRAMS. (a) An applicant for approval of a curriculum or
4967	4967	training program must apply to the advisory board [department] on a
4968	4968	form [prescribed by the department] and under rules adopted by the
4969	4969	advisory board [executive commissioner].
4970	4970	(b) The advisory board [department] shall approve a
4971	4971	curriculum or training program that meets the minimum standards
4972	4972	adopted under Section 601.052 [601.053]. The advisory board
4973	4973	[department] may review the approval annually.
4974	4974	(c) The advisory board [executive commissioner] may set a
4975	4975	fee for approval of a curriculum or training program not to exceed
4976	4976	the estimated amount that the advisory board [department] projects
4977	4977	to be required for the evaluation of the curriculum or training
4978	4978	program.
4979	4979	SECTION 9.008. Section 601.055, Occupations Code, as
4980	4980	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
4981	4981	2015, is amended to read as follows:
4982	4982	Sec. 601.055. APPROVAL AND REVIEW OF INSTRUCTOR APPROVAL.
4983	4983	(a) An applicant for approval of an instructor must apply to the
4984	4984	advisory board [department] on a form [prescribed by the
4985	4985	department] and under rules adopted by the advisory board
4986	4986	[executive commissioner].
4987	4987	(b) The advisory board [department] shall approve an
4988	4988	instructor who meets the minimum standards adopted under Section
4989	4989	601.052 [601.053]. The advisory board [department] may review the
4990	4990	approval annually.
4991	4991	SECTION 9.009. Sections 601.056(a) and (b), Occupations
4992	4992	Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
4993	4993	Session, 2015, are amended to read as follows:
4994	4994	(a) The advisory board [executive commissioner] with the
4995	4995	assistance of appropriate state agencies shall identify by rule
4996	4996	radiologic procedures, other than radiologic procedures described
4997	4997	by Subsection (c), that are dangerous or hazardous and that may be
4998	4998	performed only by a practitioner or a medical radiologic
4999	4999	technologist certified under this chapter.
5000	5000	(b) In adopting rules under Subsection (a), the advisory
5001	5001	board [executive commissioner] may consider whether the radiologic
5002	5002	procedure will be performed by a registered nurse or a licensed
5003	5003	physician assistant.
5004	5004	SECTION 9.010. Section 601.057, Occupations Code, as
5005	5005	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5006	5006	2015, is amended to read as follows:
5007	5007	Sec. 601.057. FEES. The advisory board by rule [executive
5008	5008	commissioner] may set fees for examination, certificate issuance,
5009	5009	registration of a person under Section 601.202, and application
5010	5010	processing under Section 601.203 in amounts that are reasonable to
5011	5011	cover the costs of administering this chapter without the use of
5012	5012	additional general revenue. [The fees for issuing or renewing a
5013	5013	certificate must be in amounts designed to allow the department to
5014	5014	recover from the certificate holders all of the department's direct
5015	5015	and indirect costs in administering and enforcing this chapter.]
5016	5016	SECTION 9.011. Subchapter B, Chapter 601, Occupations Code,
5017	5017	as amended by S.B. 219, Acts of the 84th Legislature, Regular
5018	5018	Session, 2015, is amended by adding Sections 601.0571 and 601.0572
5019	5019	to read as follows:
5020	5020	Sec. 601.0571. FEE REFUND ON CANCELLATION. The advisory
5021	5021	board may adopt rules relating to the refund of a fee for the
5022	5022	issuance or renewal of a certificate after the cancellation of a
5023	5023	certificate.
5024	5024	Sec. 601.0572. RULES ON CONSEQUENCES OF CRIMINAL
5025	5025	CONVICTION. The advisory board shall adopt rules and guidelines as
5026	5026	necessary to comply with Chapter 53, except to the extent the
5027	5027	requirements of this chapter are stricter than the requirements of
5028	5028	Chapter 53.
5029	5029	SECTION 9.012. Section 601.058, Occupations Code, as
5030	5030	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5031	5031	2015, is amended to read as follows:
5032	5032	Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE
5033	5033	BIDDING. (a) The advisory board [executive commissioner] may not
5034	5034	adopt rules restricting advertising or competitive bidding by a
5035	5035	medical radiologic technologist except to prohibit false,
5036	5036	misleading, or deceptive practices.
5037	5037	(b) In adopting rules to prohibit false, misleading, or
5038	5038	deceptive practices, the advisory board [executive commissioner]
5039	5039	may not include a rule that:
5040	5040	(1) restricts the use of any medium for advertising;
5041	5041	(2) restricts the use of a medical radiologic
5042	5042	technologist's personal appearance or voice in an advertisement;
5043	5043	(3) relates to the size or duration of an
5044	5044	advertisement by the medical radiologic technologist; or
5045	5045	(4) restricts the medical radiologic technologist's
5046	5046	advertisement under a trade name.
5047	5047	SECTION 9.013. Subchapter B, Chapter 601, Occupations Code,
5048	5048	as amended by S.B. 219, Acts of the 84th Legislature, Regular
5049	5049	Session, 2015, is amended by adding Sections 601.059 and 601.060 to
5050	5050	read as follows:
5051	5051	Sec. 601.059. ASSISTANCE BY MEDICAL BOARD; DIVISION OF
5052	5052	RESPONSIBILITIES. (a) The medical board shall provide
5053	5053	administrative and clerical employees as necessary to enable the
5054	5054	advisory board to administer this chapter.
5055	5055	(b) Subject to the advice and approval of the medical board,
5056	5056	the advisory board shall develop and implement policies that
5057	5057	clearly separate the policy-making responsibilities of the
5058	5058	advisory board and the management responsibilities of the executive
5059	5059	director and staff of the medical board.
5060	5060	Sec. 601.060. PUBLIC PARTICIPATION. Subject to the advice
5061	5061	and approval of the medical board, the advisory board shall develop
5062	5062	and implement policies that provide the public with a reasonable
5063	5063	opportunity to appear before the advisory board and to speak on any
5064	5064	issue under the jurisdiction of the advisory board.
5065	5065	SECTION 9.014. Section 601.102, Occupations Code, as
5066	5066	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5067	5067	2015, is amended to read as follows:
5068	5068	Sec. 601.102. CLASSES OF CERTIFICATES. (a) The advisory
5069	5069	board [executive commissioner] shall establish classes of
5070	5070	certificates to include all radiologic procedures used in the
5071	5071	course and scope of the practice of practitioners licensed in this
5072	5072	state.
5073	5073	(b) The advisory board [department] may issue to a person:
5074	5074	(1) a general certificate to perform radiologic
5075	5075	procedures; or
5076	5076	(2) a limited certificate that authorizes the person
5077	5077	to perform radiologic procedures only on specific parts of the
5078	5078	human body.
5079	5079	(c) The advisory board [department] may issue to a person a
5080	5080	temporary general certificate or a temporary limited certificate
5081	5081	that authorizes the person to perform radiologic procedures for a
5082	5082	period not to exceed one year.
5083	5083	SECTION 9.015. Subchapter C, Chapter 601, Occupations Code,
5084	5084	is amended by adding Section 601.1031 to read as follows:
5085	5085	Sec. 601.1031. CRIMINAL HISTORY RECORD INFORMATION
5086	5086	REQUIREMENT FOR REGISTRATION. (a) The advisory board shall
5087	5087	require that an applicant for a certificate submit a complete and
5088	5088	legible set of fingerprints, on a form prescribed by the advisory
5089	5089	board, to the advisory board or to the Department of Public Safety
5090	5090	for the purpose of obtaining criminal history record information
5091	5091	from the Department of Public Safety and the Federal Bureau of
5092	5092	Investigation.
5093	5093	(b) The advisory board may not issue a certificate to a
5094	5094	person who does not comply with the requirement of Subsection (a).
5095	5095	(c) The advisory board shall conduct a criminal history
5096	5096	check of each applicant for a certificate using information:
5097	5097	(1) provided by the individual under this section; and
5098	5098	(2) made available to the advisory board by the
5099	5099	Department of Public Safety, the Federal Bureau of Investigation,
5100	5100	and any other criminal justice agency under Chapter 411, Government
5101	5101	Code.
5102	5102	(d) The advisory board may:
5103	5103	(1) enter into an agreement with the Department of
5104	5104	Public Safety to administer a criminal history check required under
5105	5105	this section; and
5106	5106	(2) authorize the Department of Public Safety to
5107	5107	collect from each applicant the costs incurred by the Department of
5108	5108	Public Safety in conducting the criminal history check.
5109	5109	SECTION 9.016. Section 601.104, Occupations Code, as
5110	5110	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5111	5111	2015, is amended to read as follows:
5112	5112	Sec. 601.104. EXAMINATION. (a) The advisory board
5113	5113	[executive commissioner] may adopt rules providing for the
5114	5114	preparation and administration of an examination for applicants for
5115	5115	a certificate.
5116	5116	(b) An applicant for a certificate must pass a jurisprudence
5117	5117	examination approved by the advisory board.
5118	5118	SECTION 9.017. Section 601.1041, Occupations Code, is
5119	5119	amended to read as follows:
5120	5120	Sec. 601.1041. NOTIFICATION OF EXAMINATION RESULTS. (a)
5121	5121	Not later than the 30th day after the date a person takes an
5122	5122	examination for a certificate under this chapter, the advisory
5123	5123	board [department] shall notify the person of the results of the
5124	5124	examination.
5125	5125	(b) If the examination is graded or reviewed by a testing
5126	5126	service, the advisory board [department] shall notify the person of
5127	5127	the results of the examination not later than the 14th day after the
5128	5128	date the advisory board [department] receives the results from the
5129	5129	testing service. If notice of the examination results will be
5130	5130	delayed for longer than 90 days after the examination date, the
5131	5131	advisory board [department] shall notify the person of the reason
5132	5132	for the delay before the 90th day.
5133	5133	(c) The advisory board [department] may require a testing
5134	5134	service to notify a person of the results of the person's
5135	5135	examination.
5136	5136	(d) If requested in writing by a person who fails an
5137	5137	examination for a certificate administered under this chapter, the
5138	5138	advisory board [department] shall furnish the person with an
5139	5139	analysis of the person's performance on the examination.
5140	5140	SECTION 9.018. Section 601.105, Occupations Code, is
5141	5141	amended by amending Subsection (a) and adding Subsection (c) to
5142	5142	read as follows:
5143	5143	(a) The advisory board [department] shall issue a
5144	5144	certificate to an applicant who:
5145	5145	(1) meets the minimum standards for certification
5146	5146	established under Section 601.052;
5147	5147	(2) passes the required examinations;
5148	5148	(3) complies with the criminal history record
5149	5149	information requirement of Section 601.1031;
5150	5150	(4) submits an application on a form prescribed by the
5151	5151	advisory board;
5152	5152	(5) pays the required application fee;
5153	5153	(6) certifies that the applicant is mentally and
5154	5154	physically able to perform radiologic procedures; and
5155	5155	(7) submits to the advisory board any other
5156	5156	information the advisory board considers necessary to evaluate the
5157	5157	applicant's qualifications [601.053].
5158	5158	(c) The advisory board may delegate authority to medical
5159	5159	board employees to issue certificates under this chapter to
5160	5160	applicants who clearly meet all certification requirements. If the
5161	5161	medical board employees determine that the applicant does not
5162	5162	clearly meet all certification requirements, the application must
5163	5163	be returned to the advisory board. A certificate issued under this
5164	5164	subsection does not require formal advisory board approval.
5165	5165	SECTION 9.019. Section 601.107, Occupations Code, as
5166	5166	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5167	5167	2015, is amended to read as follows:
5168	5168	Sec. 601.107. CERTIFICATION BY ENDORSEMENT. In adopting
5169	5169	minimum standards for certifying medical radiologic technologists,
5170	5170	the advisory board [executive commissioner] may establish criteria
5171	5171	for issuing a certificate to a person licensed or otherwise
5172	5172	registered as a medical radiologic technologist by the American
5173	5173	Registry of Radiologic Technologists, the American Registry of
5174	5174	Clinical Radiography Technologists, or another state whose
5175	5175	requirements for licensure or registration were on the date of
5176	5176	licensing or registration substantially equal to the requirements
5177	5177	of this chapter.
5178	5178	SECTION 9.020. Section 601.108, Occupations Code, as
5179	5179	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5180	5180	2015, is amended to read as follows:
5181	5181	Sec. 601.108. CONTINUING EDUCATION AND OTHER GUIDELINES.
5182	5182	(a) The advisory board [executive commissioner] may establish
5183	5183	guidelines.
5184	5184	(b) The advisory board [executive commissioner] shall
5185	5185	provide for the preparation, recognition, or administration of
5186	5186	continuing education programs for medical radiologic technologists
5187	5187	in which participation is required, to the extent required by the
5188	5188	advisory board [department], to keep the person's certificate.
5189	5189	SECTION 9.021. Section 601.109, Occupations Code, as
5190	5190	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5191	5191	2015, is amended to read as follows:
5192	5192	Sec. 601.109. PROVISIONAL CERTIFICATE. (a) The advisory
5193	5193	board [department] may issue a provisional certificate to an
5194	5194	applicant currently licensed or certified in another jurisdiction
5195	5195	who seeks certification in this state and who:
5196	5196	(1) has been licensed or certified in good standing as
5197	5197	a medical radiologic technologist for at least two years in another
5198	5198	jurisdiction, including a foreign country, that has licensing or
5199	5199	certification requirements substantially equivalent to the
5200	5200	requirements of this chapter;
5201	5201	(2) has passed a national or other examination
5202	5202	recognized by the advisory board [department] relating to the
5203	5203	practice of radiologic technology; and
5204	5204	(3) is sponsored by a medical radiologic technologist
5205	5205	certified by the advisory board [department] under this chapter
5206	5206	with whom the provisional certificate holder will practice during
5207	5207	the time the person holds a provisional certificate.
5208	5208	(b) The advisory board [department] may waive the
5209	5209	requirement of Subsection (a)(3) for an applicant if the advisory
5210	5210	board [department] determines that compliance with that subsection
5211	5211	would be a hardship to the applicant.
5212	5212	(c) A provisional certificate is valid until the date the
5213	5213	advisory board [department] approves or denies the provisional
5214	5214	certificate holder's application for a certificate. The advisory
5215	5215	board [department] shall issue a certificate under this chapter to
5216	5216	the provisional certificate holder if:
5217	5217	(1) the provisional certificate holder is eligible to
5218	5218	be certified under Section 601.107; or
5219	5219	(2) the provisional certificate holder passes the part
5220	5220	of the examination under Section 601.104 that relates to the
5221	5221	applicant's knowledge and understanding of the laws and rules
5222	5222	relating to the practice of radiologic technology in this state
5223	5223	and:
5224	5224	(A) the advisory board [department] verifies
5225	5225	that the provisional certificate holder meets the academic and
5226	5226	experience requirements for a certificate under this chapter; and
5227	5227	(B) the provisional certificate holder satisfies
5228	5228	any other licensing requirements under this chapter.
5229	5229	(d) The advisory board [department] must approve or deny a
5230	5230	provisional certificate holder's application for a certificate not
5231	5231	later than the 180th day after the date the provisional certificate
5232	5232	is issued. The advisory board [department] may extend the 180-day
5233	5233	period if the results of an examination have not been received by
5234	5234	the advisory board [department] before the end of that period.
5235	5235	(e) The advisory board [executive commissioner] by rule may
5236	5236	establish a fee for a provisional certificate in an amount
5237	5237	reasonable and necessary to cover the cost of issuing the
5238	5238	certificate [designed to allow the department to recover from the
5239	5239	certificate holders all of the department's direct and indirect
5240	5240	costs in administering and enforcing this chapter].
5241	5241	SECTION 9.022. Section 601.110, Occupations Code, as
5242	5242	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5243	5243	2015, is amended to read as follows:
5244	5244	Sec. 601.110. CERTIFICATE EXPIRATION. (a) Not later than
5245	5245	the 30th day before the date a person's certificate is scheduled to
5246	5246	expire, the advisory board [department] shall send written notice
5247	5247	of the impending expiration to the person at the person's last known
5248	5248	address according to the records of the advisory board
5249	5249	[department].
5250	5250	(b) The advisory board [executive commissioner] by rule may
5251	5251	adopt a system under which certificates expire on various dates
5252	5252	during the year. For the year in which the certificate expiration
5253	5253	date is changed, the advisory board [department] shall prorate
5254	5254	certificate fees on a monthly basis so that each certificate holder
5255	5255	pays only that portion of the certificate fee that is allocable to
5256	5256	the number of months during which the certificate is valid. On
5257	5257	renewal of the certificate on the new expiration date, the total
5258	5258	certificate renewal fee is payable.
5259	5259	SECTION 9.023. Section 601.111, Occupations Code, is
5260	5260	amended to read as follows:
5261	5261	Sec. 601.111. CERTIFICATE RENEWAL [PROCEDURE]. (a) On
5262	5262	notification from the advisory board, a [A] person who is otherwise
5263	5263	eligible to renew a certificate may renew an unexpired certificate
5264	5264	by:
5265	5265	(1) paying the required renewal fee to the advisory
5266	5266	board [department] before the expiration date of the certificate;
5267	5267	(2) submitting the appropriate form; and
5268	5268	(3) meeting any other requirement established by
5269	5269	advisory board rule.
5270	5270	(a-1) A person whose certificate has expired may not engage
5271	5271	in activities that require a certificate until the certificate has
5272	5272	been renewed.
5273	5273	(b) A person whose certificate has been expired for 90 days
5274	5274	or less may renew the certificate by paying to the advisory board
5275	5275	[department] a renewal fee that is equal to 1-1/2 times the normally
5276	5276	required renewal fee.
5277	5277	(c) A person whose certificate has been expired for more
5278	5278	than 90 days but less than one year may renew the certificate by
5279	5279	paying to the advisory board [department] a renewal fee that is
5280	5280	equal to two times the normally required renewal fee.
5281	5281	(d) A person whose certificate has been expired for one year
5282	5282	or more may not renew the certificate. The person may obtain a new
5283	5283	certificate by complying with the requirements and procedures,
5284	5284	including the examination requirements, for an original
5285	5285	certificate.
5286	5286	SECTION 9.024. Subchapter C, Chapter 601, Occupations Code,
5287	5287	is amended by adding Section 601.1111 to read as follows:
5288	5288	Sec. 601.1111. CRIMINAL HISTORY RECORD INFORMATION
5289	5289	REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a
5290	5290	certificate shall submit a complete and legible set of fingerprints
5291	5291	for purposes of performing a criminal history check of the
5292	5292	applicant as provided by Section 601.1031.
5293	5293	(b) The advisory board may not renew the certificate of a
5294	5294	person who does not comply with the requirement of Subsection (a).
5295	5295	(c) A certificate holder is not required to submit
5296	5296	fingerprints under this section for the renewal of the certificate
5297	5297	if the holder has previously submitted fingerprints under:
5298	5298	(1) Section 601.1031 for the initial issuance of the
5299	5299	certificate of registration; or
5300	5300	(2) this section as part of a prior renewal of a
5301	5301	certificate of registration.
5302	5302	SECTION 9.025. The heading to Section 601.112, Occupations
5303	5303	Code, is amended to read as follows:
5304	5304	Sec. 601.112. RENEWAL OF CERTIFICATE BY OUT-OF-STATE PERSON
5305	5305	[PRACTITIONER].
5306	5306	SECTION 9.026. Section 601.112(b), Occupations Code, is
5307	5307	amended to read as follows:
5308	5308	(b) The person must pay to the advisory board [department] a
5309	5309	fee that is equal to two times the normally required renewal fee for
5310	5310	the certificate.
5311	5311	SECTION 9.027. Section 601.154, Occupations Code, as
5312	5312	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5313	5313	2015, is amended to read as follows:
5314	5314	Sec. 601.154. HOSPITAL PROCEDURES. A person is not
5315	5315	required to hold a certificate issued under this chapter to perform
5316	5316	a radiologic procedure in a hospital if:
5317	5317	(1) the hospital participates in the federal Medicare
5318	5318	program or is accredited by the Joint Commission on Accreditation
5319	5319	of Hospitals; and
5320	5320	(2) the person has completed a training program
5321	5321	approved by the advisory board [department] under Section 601.201.
5322	5322	SECTION 9.028. Section 601.156, Occupations Code, as
5323	5323	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5324	5324	2015, is amended to read as follows:
5325	5325	Sec. 601.156. PROCEDURE PERFORMED AS PART OF CONTINUING
5326	5326	EDUCATION PROGRAM. A person is not required to hold a certificate
5327	5327	issued under this chapter or to comply with the registration
5328	5328	requirements adopted under Section 601.252 if the person is:
5329	5329	(1) licensed or otherwise registered as a medical
5330	5330	radiologic technologist by another state, the American Registry of
5331	5331	Radiologic Technologists, the American Registry of Clinical
5332	5332	Radiography Technologists, or a professional organization or
5333	5333	association recognized by the advisory board [department];
5334	5334	(2) enrolled in a continuing education program that
5335	5335	meets the requirements adopted under Section 601.108; and
5336	5336	(3) performing a radiologic procedure as part of the
5337	5337	continuing education program for not more than 10 days.
5338	5338	SECTION 9.029. Subchapter E, Chapter 601, Occupations Code,
5339	5339	as amended by S.B. 219, Acts of the 84th Legislature, Regular
5340	5340	Session, 2015, is amended to read as follows:
5341	5341	SUBCHAPTER E. MANDATORY TRAINING FOR CERTAIN AUTHORIZED PERSONS
5342	5342	Sec. 601.201. MANDATORY TRAINING. (a) The minimum
5343	5343	standards of the advisory board [department] for approval of a
5344	5344	curriculum or an education program under Section 601.052 [601.053]
5345	5345	must include mandatory training guidelines for a person, other than
5346	5346	a practitioner or a medical radiologic technologist, who
5347	5347	intentionally uses radiologic technology, including a person who
5348	5348	does not hold a certificate issued under this chapter and who is
5349	5349	performing a radiologic procedure at a hospital or under the
5350	5350	direction of a practitioner, other than a dentist.
5351	5351	(b) The training program approved by the advisory board
5352	5352	[department] must contain an appropriate number of hours of
5353	5353	education that must be completed before the person may perform a
5354	5354	radiologic procedure.
5355	5355	Sec. 601.202. REGISTRY. The advisory board [executive
5356	5356	commissioner] by rule shall establish a registry of persons
5357	5357	required to comply with this subchapter.
5358	5358	Sec. 601.203. HARDSHIP EXEMPTION. (a) On application to
5359	5359	the advisory board [department] by a hospital, a federally
5360	5360	qualified health center as defined by 42 U.S.C. Section 1396d, or a
5361	5361	practitioner, the advisory board [department] shall exempt the
5362	5362	applicant from the requirements of Section 601.201 in employing a
5363	5363	person certified under this chapter or trained as required by
5364	5364	Section 601.201 if the applicant shows a hardship in employing a
5365	5365	person certified under this chapter or trained as required by
5366	5366	Section 601.201.
5367	5367	(b) The following conditions are considered to be a hardship
5368	5368	for the purposes of Subsection (a):
5369	5369	(1) that the applicant reports an inability to attract
5370	5370	and retain medical radiologic technologists;
5371	5371	(2) that the applicant is located at a great distance
5372	5372	from a school of medical radiologic technology;
5373	5373	(3) that there is a list of qualified persons who have
5374	5374	applied to a school of medical radiologic technology whose
5375	5375	admissions are pending because of a lack of faculty or space;
5376	5376	(4) that the school of medical radiologic technology
5377	5377	produces an insufficient number of graduates in medical radiologic
5378	5378	technology to meet the needs of the applicant; or
5379	5379	(5) any other criteria determined by advisory board
5380	5380	[department] rule.
5381	5381	SECTION 9.030. Chapter 601, Occupations Code, is amended by
5382	5382	adding Subchapter F-1 to read as follows:
5383	5383	SUBCHAPTER F-1. COMPLAINTS AND INVESTIGATIVE INFORMATION
5384	5384	Sec. 601.271. COMPLAINT INFORMATION AND STATUS. (a) The
5385	5385	advisory board shall maintain a system to promptly and efficiently
5386	5386	act on complaints filed with the advisory board. The advisory
5387	5387	board shall maintain:
5388	5388	(1) information about the parties to the complaint and
5389	5389	the subject matter of the complaint;
5390	5390	(2) a summary of the results of the review or
5391	5391	investigation of the complaint; and
5392	5392	(3) information about the disposition of the
5393	5393	complaint.
5394	5394	(b) The advisory board shall make information available
5395	5395	describing its procedures for complaint investigation and
5396	5396	resolution.
5397	5397	(c) If a written complaint is filed with the advisory board
5398	5398	relating to a certificate holder or a person approved under Section
5399	5399	601.054 or 601.055, the advisory board, as often as quarterly and
5400	5400	until final determination of the action to be taken on the
5401	5401	complaint, shall notify the parties to the complaint of the status
5402	5402	of the complaint unless the notice would jeopardize an active
5403	5403	investigation.
5404	5404	Sec. 601.272. CONDUCT OF INVESTIGATION. The advisory board
5405	5405	shall complete a preliminary investigation of a complaint filed
5406	5406	with the advisory board not later than the 45th day after the date
5407	5407	of receiving the complaint. The advisory board shall first
5408	5408	determine whether the person constitutes a continuing threat to the
5409	5409	public welfare. On completion of the preliminary investigation,
5410	5410	the advisory board shall determine whether to officially proceed on
5411	5411	the complaint. If the advisory board fails to complete the
5412	5412	preliminary investigation in the time required by this section, the
5413	5413	advisory board's official investigation of the complaint is
5414	5414	considered to commence on that date.
5415	5415	Sec. 601.273. ACCESS TO COMPLAINT INFORMATION. (a) Except
5416	5416	as provided by Subsection (b), the advisory board shall provide a
5417	5417	person who is the subject of a formal complaint filed under this
5418	5418	chapter with access to all information in its possession that the
5419	5419	advisory board intends to offer into evidence in presenting its
5420	5420	case in chief at the contested hearing on the complaint, subject to
5421	5421	any other privilege or restriction established by rule, statute, or
5422	5422	legal precedent. The advisory board shall provide the information
5423	5423	not later than the 30th day after receipt of a written request from
5424	5424	the person or the person's counsel, unless good cause is shown for
5425	5425	delay.
5426	5426	(b) The advisory board is not required to provide:
5427	5427	(1) advisory board investigative reports;
5428	5428	(2) investigative memoranda;
5429	5429	(3) the identity of a nontestifying complainant;
5430	5430	(4) attorney-client communications;
5431	5431	(5) attorney work product; or
5432	5432	(6) other material covered by a privilege recognized
5433	5433	by the Texas Rules of Civil Procedure or the Texas Rules of
5434	5434	Evidence.
5435	5435	(c) Providing information under this section does not
5436	5436	constitute a waiver of privilege or confidentiality under this
5437	5437	chapter or other law.
5438	5438	Sec. 601.274. HEALTH CARE ENTITY REQUEST FOR INFORMATION.
5439	5439	On the written request of a health care entity, the advisory board
5440	5440	shall provide to the entity:
5441	5441	(1) information about a complaint filed against a
5442	5442	person that was resolved after investigation by:
5443	5443	(A) a disciplinary order of the advisory board;
5444	5444	or
5445	5445	(B) an agreed settlement; and
5446	5446	(2) the basis of and current status of any complaint
5447	5447	that has been referred by the executive director of the medical
5448	5448	board for enforcement action.
5449	5449	Sec. 601.275. CONFIDENTIALITY OF INVESTIGATIVE
5450	5450	INFORMATION. A complaint, adverse report, investigation file,
5451	5451	other report, or other investigative information in the possession
5452	5452	of or received or gathered by the advisory board, the medical board,
5453	5453	or an employee or agent of the medical board relating to a
5454	5454	certificate holder, a person approved under Section 601.054 or
5455	5455	601.055, an application for certification or approval, or a
5456	5456	criminal investigation or proceeding is privileged and
5457	5457	confidential and is not subject to discovery, subpoena, or other
5458	5458	means of legal compulsion for release to any person other than the
5459	5459	advisory board, the medical board, or an employee or agent of the
5460	5460	advisory board or medical board involved in discipline under this
5461	5461	chapter. For purposes of this section, "investigative information"
5462	5462	includes information related to the identity of a person performing
5463	5463	or supervising compliance monitoring for the advisory board or
5464	5464	medical board and a report prepared by the person related to
5465	5465	compliance monitoring.
5466	5466	Sec. 601.276. PERMITTED DISCLOSURE OF INVESTIGATIVE
5467	5467	INFORMATION. (a) Investigative information in the possession of
5468	5468	the advisory board, the medical board, or an employee or agent of
5469	5469	the medical board that relates to the discipline of a certificate
5470	5470	holder or a person approved under Section 601.054 or 601.055, may be
5471	5471	disclosed to:
5472	5472	(1) a licensing authority in another state or country
5473	5473	in which the certificate holder or person is licensed, certified,
5474	5474	or permitted or has applied for a license, certification, or
5475	5475	permit; or
5476	5476	(2) a medical peer review committee reviewing:
5477	5477	(A) an application for privileges; or
5478	5478	(B) the qualifications of the certificate holder
5479	5479	or person with respect to retaining privileges.
5480	5480	(b) If investigative information in the possession of the
5481	5481	advisory board, the medical board, or an employee or agent of the
5482	5482	medical board indicates that a crime may have been committed, the
5483	5483	advisory board or medical board, as appropriate, shall report the
5484	5484	information to the proper law enforcement agency. The advisory
5485	5485	board and medical board shall cooperate with and assist each law
5486	5486	enforcement agency conducting a criminal investigation of a
5487	5487	certificate holder or a person approved under Section 601.054 or
5488	5488	601.055 by providing information relevant to the investigation.
5489	5489	Confidential information disclosed to a law enforcement agency
5490	5490	under this subsection remains confidential and may not be disclosed
5491	5491	by the law enforcement agency except as necessary to further the
5492	5492	investigation.
5493	5493	SECTION 9.031. Subchapter G, Chapter 601, Occupations Code,
5494	5494	as amended by S.B. 219, Acts of the 84th Legislature, Regular
5495	5495	Session, 2015, is amended to read as follows:
5496	5496	SUBCHAPTER G. CERTIFICATE DENIAL AND DISCIPLINARY ACTION
5497	5497	Sec. 601.301. CERTIFICATE DENIAL AND DISCIPLINARY ACTION.
5498	5498	The advisory board [department] may, for a violation of this
5499	5499	chapter or a rule adopted under this chapter:
5500	5500	(1) suspend, revoke, or refuse to renew a certificate;
5501	5501	(2) rescind approval of a curriculum, training
5502	5502	program, or instructor;
5503	5503	(3) deny an application for certification or approval;
5504	5504	(4) issue a reprimand; or
5505	5505	(5) place the offender's certificate on probation and
5506	5506	require compliance with a requirement of the advisory board
5507	5507	[department], including requiring the offender to:
5508	5508	(A) submit to medical or psychological
5509	5509	treatment;
5510	5510	(B) meet additional education requirements;
5511	5511	(C) pass an examination; or
5512	5512	(D) work under the supervision of a medical
5513	5513	radiologic technologist or other practitioner.
5514	5514	Sec. 601.302. GROUNDS FOR CERTIFICATE DENIAL OR
5515	5515	DISCIPLINARY ACTION. The advisory board [department] may take
5516	5516	action under Section 601.301 against a person subject to this
5517	5517	chapter for:
5518	5518	(1) obtaining or attempting to obtain a certificate
5519	5519	issued under this chapter by bribery or fraud;
5520	5520	(2) making or filing a false report or record made in
5521	5521	the person's capacity as a medical radiologic technologist;
5522	5522	(3) intentionally or negligently failing to file a
5523	5523	report or record required by law;
5524	5524	(4) intentionally obstructing or inducing another to
5525	5525	intentionally obstruct the filing of a report or record required by
5526	5526	law;
5527	5527	(5) engaging in unprofessional conduct, including the
5528	5528	violation of the standards of practice of radiologic technology
5529	5529	established by the advisory board [department];
5530	5530	(6) developing an incapacity that prevents the
5531	5531	practice of radiologic technology with reasonable skill,
5532	5532	competence, and safety to the public as the result of:
5533	5533	(A) an illness;
5534	5534	(B) drug or alcohol dependency; or
5535	5535	(C) another physical or mental condition or
5536	5536	illness;
5537	5537	(7) failing to report to the advisory board
5538	5538	[department] the violation of this chapter by another person;
5539	5539	(8) employing, for the purpose of applying ionizing
5540	5540	radiation to a person, a person who is not certified under or in
5541	5541	compliance with this chapter;
5542	5542	(9) violating this chapter, a rule adopted under this
5543	5543	chapter, an order of the advisory board [department] previously
5544	5544	entered in a disciplinary proceeding, or an order to comply with a
5545	5545	subpoena issued by the advisory board [department];
5546	5546	(10) having a certificate revoked, suspended, or
5547	5547	otherwise subjected to adverse action or being denied a certificate
5548	5548	by another certification authority in another state, territory, or
5549	5549	country; or
5550	5550	(11) being convicted of or pleading nolo contendere to
5551	5551	a crime directly related to the practice of radiologic technology.
5552	5552	Sec. 601.303. STUDENT PRACTICING WITHOUT DIRECT
5553	5553	SUPERVISION. The advisory board [department] may take disciplinary
5554	5554	action against a student for intentionally practicing radiologic
5555	5555	technology without direct supervision.
5556	5556	Sec. 601.304. ADMINISTRATIVE PROCEDURE. The procedure by
5557	5557	which the advisory board [department] takes a disciplinary action
5558	5558	and the procedure by which a disciplinary action is appealed are
5559	5559	governed by:
5560	5560	(1) advisory board [department] rules for a contested
5561	5561	case hearing; and
5562	5562	(2) Chapter 2001, Government Code.
5563	5563	Sec. 601.305. SURRENDER OF CERTIFICATE [REINSTATEMENT].
5564	5564	(a) The advisory board may accept the voluntary surrender of a
5565	5565	certificate. A person who has surrendered a certificate may not
5566	5566	engage in activities that require a certificate, and the advisory
5567	5567	board may not return the certificate to the person, until the person
5568	5568	demonstrates to the satisfaction of the advisory board [subject to
5569	5569	disciplinary action under Section 601.302(6) shall, at reasonable
5570	5570	intervals, be given an opportunity to demonstrate] that the person
5571	5571	is able to resume the practice of radiologic technology.
5572	5572	(b) The advisory board shall by rule establish guidelines
5573	5573	for determining when a person is competent to resume [department
5574	5574	may not reinstate a certificate to a holder or issue a certificate
5575	5575	to an applicant previously denied a certificate unless the
5576	5576	department is satisfied that the holder or applicant has complied
5577	5577	with requirements set by the department and is capable of engaging
5578	5578	in] the practice of radiologic technology.
5579	5579	Sec. 601.306. EMERGENCY SUSPENSION. (a) The presiding
5580	5580	officer of the advisory board shall appoint a three-member
5581	5581	disciplinary panel consisting of advisory board members to
5582	5582	determine whether a certificate should be temporarily suspended.
5583	5583	(a-1) The disciplinary panel [department] shall temporarily
5584	5584	suspend the certificate of a certificate holder if the panel
5585	5585	[department] determines from the evidence or information presented
5586	5586	to it that continued practice by the certificate holder would
5587	5587	constitute a continuing [and imminent] threat to the public
5588	5588	welfare.
5589	5589	(b) A certificate may be suspended under this section
5590	5590	without notice or hearing on the complaint if:
5591	5591	(1) action is taken to initiate proceedings for a
5592	5592	hearing before the advisory board [State Office of Administrative
5593	5593	Hearings] simultaneously with the temporary suspension; and
5594	5594	(2) a hearing is held as soon as practicable under this
5595	5595	chapter and Chapter 2001, Government Code.
5596	5596	(c) Notwithstanding Chapter 551, Government Code, the
5597	5597	disciplinary panel may hold a meeting by telephone conference call
5598	5598	if immediate action is required and convening of the panel at one
5599	5599	location is inconvenient for any member of the panel [The State
5600	5600	Office of Administrative Hearings shall hold a preliminary hearing
5601	5601	not later than the 14th day after the date of the temporary
5602	5602	suspension to determine if there is probable cause to believe that a
5603	5603	continuing and imminent threat to the public welfare still exists.
5604	5604	A final hearing on the matter shall be held not later than the 61st
5605	5605	day after the date of the temporary suspension].
5606	5606	Sec. 601.307. DELEGATION OF CERTAIN COMPLAINT
5607	5607	DISPOSITIONS. (a) The advisory board may delegate to a committee
5608	5608	of medical board employees the authority to dismiss or enter into an
5609	5609	agreed settlement of a complaint that does not relate directly to
5610	5610	patient care or that involves only administrative violations. The
5611	5611	disposition determined by the committee must be approved by the
5612	5612	advisory board at a public meeting.
5613	5613	(b) A complaint delegated under this section shall be
5614	5614	referred for an informal proceeding under Section 601.311 if:
5615	5615	(1) the committee of employees determines that the
5616	5616	complaint should not be dismissed or settled;
5617	5617	(2) the committee is unable to reach an agreed
5618	5618	settlement; or
5619	5619	(3) the affected person requests that the complaint be
5620	5620	referred for an informal proceeding.
5621	5621	Sec. 601.308. SUBPOENA. (a) The executive director of the
5622	5622	medical board, the director's designee, or the secretary-treasurer
5623	5623	of the medical board may issue a subpoena or subpoena duces tecum
5624	5624	for the advisory board:
5625	5625	(1) to conduct an investigation or a contested
5626	5626	proceeding related to:
5627	5627	(A) alleged misconduct by a certificate holder or
5628	5628	a person approved under Section 601.054 or 601.055;
5629	5629	(B) an alleged violation of this chapter or other
5630	5630	law related to radiologic technology; or
5631	5631	(C) the provision of health care under this
5632	5632	chapter; or
5633	5633	(2) for purposes of determining whether to issue,
5634	5634	suspend, restrict, or revoke a certificate or approval under this
5635	5635	chapter.
5636	5636	(b) Failure to timely comply with a subpoena issued under
5637	5637	this section is a ground for:
5638	5638	(1) disciplinary action by the advisory board or
5639	5639	another licensing or regulatory agency with jurisdiction over the
5640	5640	person subject to the subpoena; and
5641	5641	(2) denial of an application for certification or
5642	5642	approval.
5643	5643	Sec. 601.309. PROTECTION OF PATIENT IDENTITY. In a
5644	5644	disciplinary investigation or proceeding conducted under this
5645	5645	chapter, the advisory board shall protect the identity of each
5646	5646	patient whose medical records are examined and used in a public
5647	5647	proceeding unless the patient:
5648	5648	(1) testifies in the public proceeding; or
5649	5649	(2) submits a written release in regard to the
5650	5650	patient's records or identity.
5651	5651	Sec. 601.310. REQUIRED SUSPENSION OF LICENSE OF
5652	5652	INCARCERATED CERTIFICATE HOLDER. Regardless of the offense, the
5653	5653	advisory board shall suspend the certificate or approval of a
5654	5654	person serving a prison term in a state or federal penitentiary
5655	5655	during the term of the incarceration.
5656	5656	Sec. 601.311. INFORMAL PROCEEDINGS. (a) The advisory
5657	5657	board by rule shall adopt procedures governing:
5658	5658	(1) informal disposition of a contested case under
5659	5659	Section 2001.056, Government Code; and
5660	5660	(2) informal proceedings held in compliance with
5661	5661	Section 2001.054, Government Code.
5662	5662	(b) Rules adopted under this section must require that:
5663	5663	(1) an informal meeting in compliance with Section
5664	5664	2001.054, Government Code, be scheduled and the advisory board give
5665	5665	notice to the person who is the subject of a complaint of the time
5666	5666	and place of the meeting not later than the 45th day before the date
5667	5667	the meeting is held;
5668	5668	(2) the complainant and the person who is the subject
5669	5669	of the complaint be provided an opportunity to be heard;
5670	5670	(3) at least one of the advisory board members
5671	5671	participating in the informal meeting as a panelist be a member who
5672	5672	represents the public;
5673	5673	(4) a member of the medical board's staff be at the
5674	5674	meeting to present to the advisory board's representative the facts
5675	5675	the staff reasonably believes it could prove by competent evidence
5676	5676	or qualified witnesses at a hearing; and
5677	5677	(5) the advisory board's legal counsel or a
5678	5678	representative of the attorney general be present to advise the
5679	5679	advisory board or the medical board's staff.
5680	5680	(c) The person who is the subject of the complaint is
5681	5681	entitled to:
5682	5682	(1) reply to the staff's presentation; and
5683	5683	(2) present the facts the person reasonably believes
5684	5684	the person could prove by competent evidence or qualified witnesses
5685	5685	at a hearing.
5686	5686	(d) After ample time is given for the presentations, the
5687	5687	advisory board representative shall recommend that the
5688	5688	investigation be closed or shall attempt to mediate the disputed
5689	5689	matters and make a recommendation regarding the disposition of the
5690	5690	case in the absence of a hearing under applicable law concerning
5691	5691	contested cases.
5692	5692	(e) If the person who is the subject of the complaint has
5693	5693	previously been the subject of disciplinary action by the advisory
5694	5694	board, the advisory board shall schedule the informal meeting as
5695	5695	soon as practicable.
5696	5696	Sec. 601.312. ADVISORY BOARD REPRESENTATION IN INFORMAL
5697	5697	PROCEEDINGS. (a) In an informal meeting under Section 601.311, at
5698	5698	least two panelists shall be appointed to determine whether an
5699	5699	informal disposition is appropriate.
5700	5700	(b) Notwithstanding Subsection (a) and Section
5701	5701	601.311(b)(3), an informal proceeding may be conducted by one
5702	5702	panelist if the person who is the subject of the complaint waives
5703	5703	the requirement that at least two panelists conduct the informal
5704	5704	proceeding. If the person waives that requirement, the panelist
5705	5705	may be any member of the advisory board.
5706	5706	(c) Except as provided by Subsection (d), the panel
5707	5707	requirements described by Subsections (a) and (b) apply to an
5708	5708	informal proceeding conducted by the advisory board under Section
5709	5709	601.311, including a proceeding to:
5710	5710	(1) consider a disciplinary case to determine if a
5711	5711	violation has occurred; or
5712	5712	(2) request modification or termination of an order.
5713	5713	(d) The panel requirements described by Subsections (a) and
5714	5714	(b) do not apply to an informal proceeding conducted by the advisory
5715	5715	board under Section 601.311 to show compliance with an order of the
5716	5716	advisory board.
5717	5717	Sec. 601.313. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN
5718	5718	INFORMAL PROCEEDINGS. (a) An advisory board member who serves as a
5719	5719	panelist at an informal meeting under Section 601.311 shall make
5720	5720	recommendations for the disposition of a complaint or
5721	5721	allegation. The member may request the assistance of a medical
5722	5722	board employee at any time.
5723	5723	(b) Medical board employees shall present a summary of the
5724	5724	allegations against the person who is the subject of the complaint
5725	5725	and of the facts pertaining to the allegation that the employees
5726	5726	reasonably believe may be proven by competent evidence at a formal
5727	5727	hearing.
5728	5728	(c) An attorney for the advisory board or medical board
5729	5729	shall act as counsel to the panel and, notwithstanding Subsection
5730	5730	(e), shall be present during the informal meeting and the panel's
5731	5731	deliberations to advise the panel on legal issues that arise during
5732	5732	the proceeding. The attorney may ask questions of a participant in
5733	5733	the informal meeting to clarify any statement made by the
5734	5734	participant. The attorney shall provide to the panel a historical
5735	5735	perspective on comparable cases that have appeared before the
5736	5736	advisory board or medical board, keep the proceedings focused on
5737	5737	the case being discussed, and ensure that the medical board's
5738	5738	employees and the person who is the subject of the complaint have an
5739	5739	opportunity to present information related to the case. During the
5740	5740	panel's deliberations, the attorney may be present only to advise
5741	5741	the panel on legal issues and to provide information on comparable
5742	5742	cases that have appeared before the advisory board or medical
5743	5743	board.
5744	5744	(d) The panel and medical board employees shall provide an
5745	5745	opportunity for the person who is the subject of the complaint and
5746	5746	the person's authorized representative to reply to the medical
5747	5747	board employees' presentation and to present oral and written
5748	5748	statements and facts that the person and representative reasonably
5749	5749	believe could be proven by competent evidence at a formal hearing.
5750	5750	(e) An employee of the medical board who participated in the
5751	5751	presentation of the allegation or information gathered in the
5752	5752	investigation of the complaint, the person who is the subject of the
5753	5753	complaint, the person's authorized representative, the
5754	5754	complainant, the witnesses, and members of the public may not be
5755	5755	present during the deliberations of the panel. Only the members of
5756	5756	the panel and the attorney serving as counsel to the panel may be
5757	5757	present during the deliberations.
5758	5758	(f) The panel shall recommend the dismissal of the complaint
5759	5759	or allegations or, if the panel determines that the person has
5760	5760	violated a statute or advisory board rule, the panel may recommend
5761	5761	advisory board action and terms for an informal settlement of the
5762	5762	case.
5763	5763	(g) The panel's recommendations under Subsection (f) must
5764	5764	be made in a written order and presented to the affected person and
5765	5765	the person's authorized representative. The person may accept the
5766	5766	proposed settlement within the time established by the panel at the
5767	5767	informal meeting. If the person rejects the proposed settlement or
5768	5768	does not act within the required time, the advisory board may
5769	5769	proceed with the filing of a formal complaint with the State Office
5770	5770	of Administrative Hearings.
5771	5771	Sec. 601.314. LIMIT ON ACCESS TO INVESTIGATION FILES. The
5772	5772	advisory board shall prohibit or limit access to an investigation
5773	5773	file relating to a person subject to an informal proceeding in the
5774	5774	manner provided by Sections 164.007(c) and 601.275.
5775	5775	Sec. 601.315. REFUND. (a) Subject to Subsection (b), the
5776	5776	advisory board may order a certificate holder to pay a refund to a
5777	5777	consumer as provided in an agreement resulting from an informal
5778	5778	settlement conference instead of or in addition to imposing an
5779	5779	administrative penalty under Subchapter H.
5780	5780	(b) The amount of a refund ordered as provided in an
5781	5781	agreement resulting from an informal settlement conference may not
5782	5782	exceed the amount the consumer paid to the certificate holder for a
5783	5783	service regulated by this chapter. The advisory board may not
5784	5784	require payment of other damages or estimate harm in a refund order.
5785	5785	Sec. 601.316. EXPERT IMMUNITY. An expert who assists the
5786	5786	advisory board is immune from suit and judgment and may not be
5787	5787	subjected to a suit for damages for any investigation, report,
5788	5788	recommendation, statement, evaluation, finding, or other action
5789	5789	taken in the course of assisting the advisory board in a
5790	5790	disciplinary proceeding. The attorney general shall represent the
5791	5791	expert in any suit resulting from a service provided by the person
5792	5792	in good faith to the advisory board.
5793	5793	SECTION 9.032. Section 601.351, Occupations Code, is
5794	5794	amended to read as follows:
5795	5795	Sec. 601.351. IMPOSITION OF PENALTY. The advisory board
5796	5796	[department] may impose an administrative penalty against a person
5797	5797	who violates this chapter or a rule adopted under this chapter.
5798	5798	SECTION 9.033. Section 601.353(a), Occupations Code, is
5799	5799	amended to read as follows:
5800	5800	(a) If, after investigating a possible violation and the
5801	5801	facts surrounding that possible violation, the advisory board
5802	5802	[department] determines that a violation occurred, the advisory
5803	5803	board [department] shall give written notice of the violation to
5804	5804	the person alleged to have committed the violation.
5805	5805	SECTION 9.034. Section 601.354, Occupations Code, as
5806	5806	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5807	5807	2015, is amended to read as follows:
5808	5808	Sec. 601.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
5809	5809	Not later than the 20th day after the date the person receives the
5810	5810	notice, the person may:
5811	5811	(1) accept the [department's] determination,
5812	5812	including the proposed administrative penalty; or
5813	5813	(2) make a written request for a hearing on that
5814	5814	determination.
5815	5815	(b) If the person accepts the [department's] determination,
5816	5816	the advisory board [department] by order shall approve the
5817	5817	determination and impose the proposed penalty.
5818	5818	SECTION 9.035. Section 601.355, Occupations Code, as
5819	5819	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5820	5820	2015, is amended to read as follows:
5821	5821	Sec. 601.355. HEARING. (a) If the person timely requests a
5822	5822	hearing, the advisory board [department] shall:
5823	5823	(1) set a hearing;
5824	5824	(2) give written notice of the hearing to the person;
5825	5825	and
5826	5826	(3) designate a hearings examiner to conduct the
5827	5827	hearing.
5828	5828	(b) The hearings examiner shall make findings of fact and
5829	5829	conclusions of law and promptly issue to the advisory board
5830	5830	[department] a proposal for decision as to the occurrence of the
5831	5831	violation and the amount of any proposed administrative penalty.
5832	5832	SECTION 9.036. Section 601.356, Occupations Code, as
5833	5833	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5834	5834	2015, is amended to read as follows:
5835	5835	Sec. 601.356. DECISION BY ADVISORY BOARD [DEPARTMENT]. (a)
5836	5836	Based on the findings of fact and conclusions of law and the
5837	5837	recommendations of the hearings examiner, the advisory board
5838	5838	[department] by order may determine that:
5839	5839	(1) a violation has occurred and may impose an
5840	5840	administrative penalty; or
5841	5841	(2) a violation did not occur.
5842	5842	(b) The advisory board [department] shall give notice of the
5843	5843	order to the person. The notice must include:
5844	5844	(1) separate statements of the findings of fact and
5845	5845	conclusions of law;
5846	5846	(2) the amount of any penalty imposed; and
5847	5847	(3) a statement of the right of the person to judicial
5848	5848	review of the order.
5849	5849	SECTION 9.037. Sections 601.357(b) and (c), Occupations
5850	5850	Code, are amended to read as follows:
5851	5851	(b) Within the 30-day period, a person who acts under
5852	5852	Subsection (a)(3) may:
5853	5853	(1) stay enforcement of the penalty by:
5854	5854	(A) paying the penalty to the court for placement
5855	5855	in an escrow account; or
5856	5856	(B) giving to the court a supersedeas bond that
5857	5857	is approved by the court for the amount of the penalty and that is
5858	5858	effective until all judicial review of the order is final; or
5859	5859	(2) request the court to stay enforcement of the
5860	5860	penalty by:
5861	5861	(A) filing with the court a sworn affidavit of
5862	5862	the person stating that the person is financially unable to pay the
5863	5863	penalty and is financially unable to give the supersedeas bond; and
5864	5864	(B) giving a copy of the affidavit to the
5865	5865	advisory board [department] by certified mail.
5866	5866	(c) If the advisory board [department] receives a copy of an
5867	5867	affidavit as provided by Subsection (b)(2), the advisory board
5868	5868	[department] may file with the court a contest to the affidavit not
5869	5869	later than the fifth day after the date the copy is received.
5870	5870	SECTION 9.038. Section 601.358, Occupations Code, is
5871	5871	amended to read as follows:
5872	5872	Sec. 601.358. COLLECTION OF PENALTY. If the person does not
5873	5873	pay the administrative penalty and the enforcement of the penalty
5874	5874	is not stayed, the advisory board [department] may refer the matter
5875	5875	to the attorney general for collection.
5876	5876	SECTION 9.039. Section 601.360(a), Occupations Code, is
5877	5877	amended to read as follows:
5878	5878	(a) If, after judicial review, the administrative penalty
5879	5879	is reduced or not imposed by the court, the court shall, after the
5880	5880	judgment becomes final:
5881	5881	(1) order the appropriate amount, plus accrued
5882	5882	interest, be remitted to the person by the advisory board
5883	5883	[department] if the person paid the penalty under Section
5884	5884	601.357(a)(2); or
5885	5885	(2) if the person paid the penalty under Section
5886	5886	601.357(b)(1)(A) or posted a supersedeas bond, order the advisory
5887	5887	board [department] to:
5888	5888	(A) execute a complete release of the escrow
5889	5889	account or bond, as appropriate, if the penalty is not imposed; or
5890	5890	(B) release the escrow account or bond, as
5891	5891	appropriate, after the reduced penalty has been paid from the
5892	5892	account or by the person.
5893	5893	SECTION 9.040. Section 601.361, Occupations Code, as
5894	5894	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
5895	5895	2015, is amended to read as follows:
5896	5896	Sec. 601.361. EXPENSES AND COSTS. (a) In this section,
5897	5897	"reasonable expenses and costs" includes expenses incurred by the
5898	5898	advisory board [department] and the attorney general in the
5899	5899	investigation, initiation, or prosecution of an action, including
5900	5900	reasonable investigative costs, court costs, attorney's fees,
5901	5901	witness fees, and deposition expenses.
5902	5902	(b) The advisory board [department] may assess reasonable
5903	5903	expenses and costs against a person in an administrative hearing
5904	5904	if, as a result of the hearing, an administrative penalty is
5905	5905	assessed against the person. The person shall pay expenses and
5906	5906	costs assessed under this subsection not later than the 30th day
5907	5907	after the date the order of the advisory board [department]
5908	5908	requiring the payment of expenses and costs is final. The advisory
5909	5909	board [department] may refer the matter to the attorney general for
5910	5910	collection of the expenses and costs.
5911	5911	(c) If the attorney general brings an action against a
5912	5912	person to enforce an administrative penalty assessed under this
5913	5913	chapter and the person is found liable for an administrative
5914	5914	penalty, the attorney general may recover, on behalf of the
5915	5915	attorney general and the advisory board [department], reasonable
5916	5916	expenses and costs.
5917	5917	SECTION 9.041. Sections 601.401(a) and (c), Occupations
5918	5918	Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
5919	5919	Session, 2015, are amended to read as follows:
5920	5920	(a) If it appears that a person has violated, is violating,
5921	5921	or is threatening to violate this chapter or a rule adopted under
5922	5922	this chapter, the advisory board [department] may bring an action
5923	5923	to enjoin the continued or threatened violation.
5924	5924	(c) At the request of the advisory board [department], the
5925	5925	attorney general shall bring an action in the name of the state for
5926	5926	the injunctive relief, to recover the civil penalty, or both.
5927	5927	SECTION 9.042. Section 601.402(a), Occupations Code, is
5928	5928	amended to read as follows:
5929	5929	(a) A person who is required to be certified under this
5930	5930	chapter commits an offense if the person:
5931	5931	(1) knowingly administers a radiologic procedure to
5932	5932	another person without holding a valid certificate issued by the
5933	5933	advisory board [department];
5934	5934	(2) practices radiologic technology without holding a
5935	5935	certificate under this chapter;
5936	5936	(3) uses or attempts to use a suspended or revoked
5937	5937	certificate;
5938	5938	(4) knowingly allows a student enrolled in an
5939	5939	education program to perform a radiologic procedure without direct
5940	5940	supervision;
5941	5941	(5) obtains or attempts to obtain a certificate
5942	5942	through bribery or fraudulent misrepresentation;
5943	5943	(6) uses the title or name "certified medical
5944	5944	radiologic technologist" or any other name or title that implies
5945	5945	the person is certified to practice radiologic technology, unless
5946	5946	the person is certified under this chapter;
5947	5947	(7) knowingly conceals information relating to
5948	5948	enforcement of this chapter or a rule adopted under this chapter; or
5949	5949	(8) employs a person not certified by or in compliance
5950	5950	with this chapter for the purpose of applying ionizing radiation to
5951	5951	a person.
5952	5952	SECTION 9.043. Section 602.002, Occupations Code, is
5953	5953	amended by amending Subdivision (1), as amended by S.B. 219, Acts of
5954	5954	the 84th Legislature, Regular Session, 2015, amending Subdivision
5955	5955	(4), and adding Subdivision (5-a) to read as follows:
5956	5956	(1) "Advisory committee" ["Board"] means the Medical
5957	5957	Physicist [Texas Board of] Licensure Advisory Committee [for
5958	5958	Professional Medical Physicists].
5959	5959	(4) "License" means a certificate issued by the
5960	5960	medical board that authorizes the holder to engage in the practice
5961	5961	of medical physics.
5962	5962	(5-a) "Medical board" means the Texas Medical Board.
5963	5963	SECTION 9.044. The heading to Subchapter B, Chapter 602,
5964	5964	Occupations Code, is amended to read as follows:
5965	5965	SUBCHAPTER B. MEDICAL PHYSICIST [TEXAS BOARD OF] LICENSURE ADVISORY
5966	5966	COMMITTEE [FOR PROFESSIONAL MEDICAL PHYSICISTS]
5967	5967	SECTION 9.045. Section 602.051, Occupations Code, is
5968	5968	amended to read as follows:
5969	5969	Sec. 602.051. ADVISORY COMMITTEE [BOARD]. (a) The advisory
5970	5970	committee [Texas Board of Licensure for Professional Medical
5971	5971	Physicists] is an informal advisory committee to the medical board
5972	5972	and is not subject to Chapter 2110, Government Code [the division of
5973	5973	the department responsible for regulating the practice of medical
5974	5974	physics].
5975	5975	(b) The advisory committee has no independent rulemaking
5976	5976	authority.
5977	5977	SECTION 9.046. The heading to Section 602.052, Occupations
5978	5978	Code, is amended to read as follows:
5979	5979	Sec. 602.052. APPOINTMENT OF ADVISORY COMMITTEE [BOARD
5980	5980	MEMBERS].
5981	5981	SECTION 9.047. Sections 602.052(a) and (d), Occupations
5982	5982	Code, are amended to read as follows:
5983	5983	(a) The advisory committee [board] consists of seven [nine]
5984	5984	members appointed by the president of the medical board [governor
5985	5985	with the advice and consent of the senate] as follows:
5986	5986	(1) four [five licensed] medical physicists licensed
5987	5987	in this state who each have at least five years of experience as a
5988	5988	medical physicist [, with at least one board certified
5989	5989	representative of each of the following specialties:
5990	5990	[(A) diagnostic radiological physics;
5991	5991	[(B) medical health physics;
5992	5992	[(C) medical nuclear physics; and
5993	5993	[(D) therapeutic radiological physics];
5994	5994	(2) two [three] physicians licensed in this state who
5995	5995	each have at least five years of clinical experience related to
5996	5996	medical physics [, with a board certified representative of each of
5997	5997	the following specialties:
5998	5998	[(A) diagnostic radiology;
5999	5999	[(B) nuclear medicine; and
6000	6000	[(C) radiation therapy]; and
6001	6001	(3) one member who represents the public.
6002	6002	(d) Appointments to the advisory committee [board] shall be
6003	6003	made without regard to the race, color, disability, creed, sex,
6004	6004	religion, age, or national origin of the appointee.
6005	6005	SECTION 9.048. The heading to Section 602.053, Occupations
6006	6006	Code, is amended to read as follows:
6007	6007	Sec. 602.053. PUBLIC MEMBER [BOARD MEMBERSHIP;]
6008	6008	ELIGIBILITY.
6009	6009	SECTION 9.049. Section 602.053(d), Occupations Code, is
6010	6010	amended to read as follows:
6011	6011	(d) An advisory committee [A public board] member
6012	6012	representing the public must be a resident of this [the] state for a
6013	6013	period of not less than four years preceding appointment. A person
6014	6014	may not be a [public] member of the advisory committee representing
6015	6015	the public [board] if the person or the person's spouse:
6016	6016	(1) is registered, certified, or licensed by a
6017	6017	regulatory agency in a health care profession [the field of medical
6018	6018	physics];
6019	6019	(2) is employed by or participates in the management
6020	6020	of a business entity or other organization regulated by or
6021	6021	receiving money from the medical board;
6022	6022	(3) owns or controls, directly or indirectly, more
6023	6023	than a 10 percent interest in a business entity or other
6024	6024	organization regulated by or receiving money from the medical
6025	6025	board; or
6026	6026	(4) uses or receives a substantial amount of tangible
6027	6027	goods, services, or money from the medical board other than
6028	6028	compensation or reimbursement authorized by law for medical board
6029	6029	membership, attendance, or expenses.
6030	6030	SECTION 9.050. Sections 602.054(b) and (c), Occupations
6031	6031	Code, are amended to read as follows:
6032	6032	(b) A person may not be a member of the advisory committee
6033	6033	[board] if:
6034	6034	(1) the person is an officer, employee, or paid
6035	6035	consultant of a Texas trade association in the field of medicine; or
6036	6036	(2) the person's spouse is an officer, manager, or paid
6037	6037	consultant of a Texas trade association in the field of medicine.
6038	6038	(c) A person may not serve as a member of the advisory
6039	6039	committee [board] if the person is required to register as a
6040	6040	lobbyist under Chapter 305, Government Code, because of the
6041	6041	person's activities for compensation on behalf of a profession
6042	6042	related to the operation of the advisory committee or medical
6043	6043	board.
6044	6044	SECTION 9.051. Section 602.055, Occupations Code, is
6045	6045	amended to read as follows:
6046	6046	Sec. 602.055. TERMS; VACANCY. (a) Members of the advisory
6047	6047	committee [board] serve two-year [staggered six-year] terms. The
6048	6048	terms of the [three] members expire on February 1 of each
6049	6049	odd-numbered year.
6050	6050	(b) A person is not eligible to serve more than two [one]
6051	6051	consecutive full terms [six-year term]. [A person may serve
6052	6052	consecutively one six-year term and a shorter term that arises
6053	6053	because of filling an unexpired vacancy.]
6054	6054	(c) If a vacancy occurs during a member's term [on the
6055	6055	board], the president of the medical board [governor] shall appoint
6056	6056	a person to serve for the unexpired term.
6057	6057	SECTION 9.052. Sections 602.056(a) and (b), Occupations
6058	6058	Code, are amended to read as follows:
6059	6059	(a) It is a ground for removal from the advisory committee
6060	6060	[board] that a member:
6061	6061	(1) does not have at the time of appointment the
6062	6062	qualifications required by Section 602.052 [602.053] for
6063	6063	appointment to the board;
6064	6064	(2) does not maintain during service on the board the
6065	6065	qualifications required by Section 602.052 [602.053] for
6066	6066	appointment to the board;
6067	6067	(3) is ineligible for membership under Section
6068	6068	602.053(d) or Section 602.054; or
6069	6069	(4) cannot, because of illness or disability,
6070	6070	discharge the member's duties for a substantial part of the member's
6071	6071	term[; or
6072	6072	[(5) does not attend at least half of the regularly
6073	6073	scheduled board meetings held in a calendar year, excluding
6074	6074	meetings held while the person was not a board member, without an
6075	6075	excuse approved by the board].
6076	6076	(b) The validity of an [A board] action of the advisory
6077	6077	committee is not affected by the fact that it is taken while a
6078	6078	ground for removal of a member of the advisory committee [board]
6079	6079	exists [is not invalid for that reason].
6080	6080	SECTION 9.053. Section 602.057, Occupations Code, is
6081	6081	amended to read as follows:
6082	6082	Sec. 602.057. COMPENSATION. A member of the advisory
6083	6083	committee [board] is entitled to a per diem in an amount set by the
6084	6084	legislature for each day that the member engages in the business of
6085	6085	the advisory committee [board].
6086	6086	SECTION 9.054. Section 602.058, Occupations Code, is
6087	6087	amended to read as follows:
6088	6088	Sec. 602.058. ADVISORY COMMITTEE [BOARD] OFFICERS;
6089	6089	MEETINGS. (a) The president of the medical board [governor] shall
6090	6090	biennially designate a member of the advisory committee [board] as
6091	6091	the presiding officer of the advisory committee [board] to serve in
6092	6092	that capacity at the will of the president [governor]. The advisory
6093	6093	committee may [At the first regularly scheduled meeting of each
6094	6094	calendar year, the board shall] elect from its members additional
6095	6095	officers as necessary [an assistant presiding officer].
6096	6096	(b) The advisory committee [board] shall meet as requested
6097	6097	by the medical board. A meeting may be held by telephone conference
6098	6098	call [hold a meeting at least once a year and at other times in
6099	6099	accordance with board rule].
6100	6100	SECTION 9.055. The heading to Subchapter D, Chapter 602,
6101	6101	Occupations Code, is amended to read as follows:
6102	6102	SUBCHAPTER D. MEDICAL BOARD POWERS AND DUTIES
6103	6103	SECTION 9.056. Section 602.151, Occupations Code, as
6104	6104	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6105	6105	2015, is amended to read as follows:
6106	6106	Sec. 602.151. GENERAL POWERS AND DUTIES. The medical board
6107	6107	shall:
6108	6108	(1) adopt [and revise, with the approval of the
6109	6109	executive commissioner of the Health and Human Services
6110	6110	Commission,] rules reasonably necessary to properly perform its
6111	6111	duties under this chapter;
6112	6112	(2) establish [adopt an official seal;
6113	6113	[(3) determine the] qualifications for a medical
6114	6114	physicist to practice in this state [and fitness of each applicant
6115	6115	for a license or license renewal];
6116	6116	(3) establish minimum education and training
6117	6117	requirements necessary for a license under this chapter;
6118	6118	(4) establish requirements for [charge a fee for
6119	6119	processing and issuing or renewing a license;
6120	6120	[(5) conduct] examinations for licensure;
6121	6121	(5) prescribe the application form for a license under
6122	6122	this chapter; and
6123	6123	(6) [issue, deny, renew, revoke, and suspend licenses;
6124	6124	[(7)] adopt and publish a code of ethics[; and
6125	6125	[(8) conduct hearings on complaints concerning
6126	6126	violations of this chapter or rules adopted under this chapter].
6127	6127	SECTION 9.057. Section 602.152, Occupations Code, is
6128	6128	amended to read as follows:
6129	6129	Sec. 602.152. CONSUMER INTEREST INFORMATION; COMPLAINTS.
6130	6130	(a) The medical board shall prepare information of consumer
6131	6131	interest describing the regulatory functions of the medical board
6132	6132	and the procedures by which complaints are filed with and resolved
6133	6133	by the medical board.
6134	6134	(b) The medical board shall maintain a file on each written
6135	6135	complaint filed with the medical board. The file must include:
6136	6136	(1) the name of the person who filed the complaint;
6137	6137	(2) the date the complaint is received by the medical
6138	6138	board;
6139	6139	(3) the subject matter of the complaint;
6140	6140	(4) the name of each person contacted in relation to
6141	6141	the complaint;
6142	6142	(5) a summary of the results of the review or
6143	6143	investigation of the complaint; and
6144	6144	(6) an explanation of the reason the file was closed,
6145	6145	if the medical board closed the file without taking action other
6146	6146	than to investigate the complaint.
6147	6147	(c) The medical board shall provide to the person filing the
6148	6148	complaint and to each person who is a subject of the complaint a
6149	6149	copy of the medical board's policies and procedures relating to
6150	6150	complaint investigation and resolution.
6151	6151	(d) The medical board, at least quarterly until final
6152	6152	disposition of the complaint, shall notify the person filing the
6153	6153	complaint and each person who is a subject of the complaint of the
6154	6154	status of the complaint unless the notice would jeopardize an
6155	6155	undercover investigation.
6156	6156	SECTION 9.058. Section 602.1521, Occupations Code, is
6157	6157	amended to read as follows:
6158	6158	Sec. 602.1521. PUBLIC PARTICIPATION. The medical board
6159	6159	shall develop and implement policies that provide the public with a
6160	6160	reasonable opportunity to appear before the medical board and to
6161	6161	speak on any issue relating to medical physicists [under the
6162	6162	jurisdiction of the board].
6163	6163	SECTION 9.059. The heading to Section 602.1525, Occupations
6164	6164	Code, is amended to read as follows:
6165	6165	Sec. 602.1525. SUBPOENAS; CONFIDENTIALITY OF INFORMATION.
6166	6166	SECTION 9.060. Section 602.1525, Occupations Code, is
6167	6167	amended by amending Subsection (a), as amended by S.B. 219, Acts of
6168	6168	the 84th Legislature, Regular Session, 2015, amending Subsections
6169	6169	(h) and (i), and adding Subsection (a-1) to read as follows:
6170	6170	(a) The executive director of the medical board, the
6171	6171	director's designee, or the secretary-treasurer of the medical
6172	6172	board may issue [In an investigation of a complaint filed with the
6173	6173	board, the board may request that the commissioner or the
6174	6174	commissioner's designee approve the issuance of] a subpoena or
6175	6175	subpoena duces tecum:
6176	6176	(1) to conduct an investigation or a contested case
6177	6177	proceeding related to:
6178	6178	(A) alleged misconduct by a medical physicist;
6179	6179	(B) an alleged violation of this chapter or
6180	6180	another law related to the practice of medical physics; or
6181	6181	(C) the provision of health care under this
6182	6182	chapter; or
6183	6183	(2) for purposes of determining whether to issue,
6184	6184	suspend, restrict, or revoke a license under this chapter[. If the
6185	6185	request is approved, the board may issue a subpoena to compel the
6186	6186	attendance of a relevant witness or the production, for inspection
6187	6187	or copying, of relevant evidence that is in this state].
6188	6188	(a-1) Failure to timely comply with a subpoena issued under
6189	6189	this section is a ground for:
6190	6190	(1) disciplinary action by the medical board or
6191	6191	another licensing or regulatory agency with jurisdiction over the
6192	6192	person subject to the subpoena; and
6193	6193	(2) denial of a license application.
6194	6194	(h) All information and materials subpoenaed or compiled by
6195	6195	the medical board in connection with a complaint and investigation
6196	6196	are confidential and not subject to disclosure under Chapter 552,
6197	6197	Government Code, and not subject to disclosure, discovery,
6198	6198	subpoena, or other means of legal compulsion for their release to
6199	6199	anyone other than the medical board or its agents or employees who
6200	6200	are involved in discipline of the holder of a license, except that
6201	6201	this information may be disclosed to:
6202	6202	(1) persons involved with the medical board in a
6203	6203	disciplinary action against the holder of a license;
6204	6204	(2) professional medical physics licensing or
6205	6205	disciplinary boards in other jurisdictions;
6206	6206	(3) peer assistance programs approved by the medical
6207	6207	board under Chapter 467, Health and Safety Code;
6208	6208	(4) law enforcement agencies; and
6209	6209	(5) persons engaged in bona fide research, if all
6210	6210	individual-identifying information has been deleted.
6211	6211	(i) The filing of formal charges by the medical board
6212	6212	against a holder of a license, the nature of those charges,
6213	6213	disciplinary proceedings of the medical board, and final
6214	6214	disciplinary actions, including warnings and reprimands, by the
6215	6215	medical board are not confidential and are subject to disclosure in
6216	6216	accordance with Chapter 552, Government Code.
6217	6217	SECTION 9.061. Section 602.153, Occupations Code, is
6218	6218	amended to read as follows:
6219	6219	Sec. 602.153. CONTINUING EDUCATION. The medical board
6220	6220	shall recognize, prepare, or administer continuing education
6221	6221	programs for persons licensed under this chapter [by the board]. A
6222	6222	license holder must participate in the programs to the extent
6223	6223	required by the medical board to keep the person's license.
6224	6224	SECTION 9.062. Section 602.154, Occupations Code, is
6225	6225	amended to read as follows:
6226	6226	Sec. 602.154. RULES RELATING TO ADVERTISING OR COMPETITIVE
6227	6227	BIDDING. (a) The medical board may not adopt rules restricting
6228	6228	advertising or competitive bidding by a license holder except to
6229	6229	prohibit false, misleading, or deceptive practices.
6230	6230	(b) In its rules to prohibit false, misleading, or deceptive
6231	6231	practices, the medical board may not include a rule that:
6232	6232	(1) restricts the use of any medium for advertising;
6233	6233	(2) restricts the use of a license holder's personal
6234	6234	appearance or voice in an advertisement;
6235	6235	(3) relates to the size or duration of an
6236	6236	advertisement by the license holder; or
6237	6237	(4) restricts the license holder's advertisement under
6238	6238	a trade name.
6239	6239	SECTION 9.063. Subchapter D, Chapter 602, Occupations Code,
6240	6240	is amended by adding Section 602.156 to read as follows:
6241	6241	Sec. 602.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
6242	6242	The medical board shall adopt rules and guidelines as necessary to
6243	6243	comply with Chapter 53, except to the extent the requirements of
6244	6244	this chapter are stricter than the requirements of Chapter 53.
6245	6245	SECTION 9.064. Section 602.203, Occupations Code, is
6246	6246	amended to read as follows:
6247	6247	Sec. 602.203. LICENSE APPLICATION. (a) A person may apply
6248	6248	for a license by filing an application with the medical board.
6249	6249	(b) An application must be on a form prescribed by the
6250	6250	medical board and must include:
6251	6251	(1) evidence of relevant work experience, including a
6252	6252	description of the duties performed;
6253	6253	(2) an official transcript from the college or
6254	6254	university granting the applicant's degree;
6255	6255	(3) a statement of the medical physics specialty for
6256	6256	which the application is submitted;
6257	6257	(4) three professional references; and
6258	6258	(5) any additional information required by medical
6259	6259	board rule.
6260	6260	(c) The applicant must submit with the application the fee
6261	6261	prescribed by the medical board.
6262	6262	(d) The medical board [or the executive secretary] may
6263	6263	require an applicant to appear before the medical board [or
6264	6264	secretary] to present additional information in support of the
6265	6265	application.
6266	6266	SECTION 9.065. Section 602.205, Occupations Code, as
6267	6267	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6268	6268	2015, is amended to read as follows:
6269	6269	Sec. 602.205. TEMPORARY LICENSE. The medical board may
6270	6270	issue a temporary license to an applicant who has satisfied the
6271	6271	educational requirements for a license but who has not yet
6272	6272	completed the experience and examination requirements of Section
6273	6273	602.207. A temporary license is valid for one year from the date of
6274	6274	issuance.
6275	6275	SECTION 9.066. Section 602.206(a), Occupations Code, is
6276	6276	amended to read as follows:
6277	6277	(a) The medical board shall administer a written
6278	6278	examination for a license to qualified applicants at least two
6279	6279	times each year.
6280	6280	SECTION 9.067. Section 602.207(a), Occupations Code, is
6281	6281	amended to read as follows:
6282	6282	(a) To be eligible to take an examination for a license, an
6283	6283	applicant must:
6284	6284	(1) have a master's or doctoral degree from an
6285	6285	accredited college or university that signifies the completion of
6286	6286	courses approved by the medical board in physics, medical physics,
6287	6287	biophysics, radiological physics, medical health physics, or
6288	6288	equivalent courses;
6289	6289	(2) have demonstrated, to the medical board's
6290	6290	satisfaction, completion of at least two years of full-time work
6291	6291	experience in the five years preceding the date of application in
6292	6292	the medical physics specialty for which application is made; and
6293	6293	(3) submit a completed application as required by
6294	6294	Section 602.203.
6295	6295	SECTION 9.068. Section 602.208, Occupations Code, is
6296	6296	amended to read as follows:
6297	6297	Sec. 602.208. EXAMINATION RESULTS; REEXAMINATION. (a) The
6298	6298	medical board shall notify each examinee of the results of the
6299	6299	examination not later than the 30th day after the date the
6300	6300	examination is administered. If an examination is graded or
6301	6301	reviewed by a national or state testing service, the medical board
6302	6302	shall notify each examinee of the results of the examination not
6303	6303	later than the 14th day after the date the medical board receives
6304	6304	the results from the testing service.
6305	6305	(b) If the medical board learns that the notice of the
6306	6306	examination results will be delayed for more than 90 days after the
6307	6307	examination date, the medical board shall notify each examinee of
6308	6308	the reason for the delay not later than the 90th day.
6309	6309	(c) If requested by a person who fails the examination, the
6310	6310	medical board shall provide to the person an analysis of the
6311	6311	person's performance on the examination.
6312	6312	(d) The medical board by rule shall establish procedures and
6313	6313	requirements for reexamination of an applicant who fails the
6314	6314	examination.
6315	6315	SECTION 9.069. Subchapter E, Chapter 602, Occupations Code,
6316	6316	is amended by adding Section 602.2081 to read as follows:
6317	6317	Sec. 602.2081. CRIMINAL HISTORY RECORD INFORMATION
6318	6318	REQUIREMENT FOR LICENSE. (a) The medical board shall require that
6319	6319	an applicant for a license submit a complete and legible set of
6320	6320	fingerprints, on a form prescribed by the medical board, to the
6321	6321	medical board or to the Department of Public Safety for the purpose
6322	6322	of obtaining criminal history record information from the
6323	6323	Department of Public Safety and the Federal Bureau of
6324	6324	Investigation.
6325	6325	(b) The medical board may not issue a license to a person who
6326	6326	does not comply with the requirement of Subsection (a).
6327	6327	(c) The medical board shall conduct a criminal history check
6328	6328	of each applicant for a license using information:
6329	6329	(1) provided by the individual under this section; and
6330	6330	(2) made available to the medical board by the
6331	6331	Department of Public Safety, the Federal Bureau of Investigation,
6332	6332	and any other criminal justice agency under Chapter 411, Government
6333	6333	Code.
6334	6334	(d) The medical board may:
6335	6335	(1) enter into an agreement with the Department of
6336	6336	Public Safety to administer a criminal history check required under
6337	6337	this section; and
6338	6338	(2) authorize the Department of Public Safety to
6339	6339	collect from each applicant the costs incurred by the Department of
6340	6340	Public Safety in conducting the criminal history check.
6341	6341	SECTION 9.070. Sections 602.209(a), (b), (c), and (e),
6342	6342	Occupations Code, are amended to read as follows:
6343	6343	(a) The medical board may issue a license to an eligible
6344	6344	applicant who:
6345	6345	(1) passes the examination under Section 602.206; and
6346	6346	(2) meets all other license requirements.
6347	6347	(b) Not later than the 30th day after the date the medical
6348	6348	board makes a decision on an application submitted under Section
6349	6349	602.203, the medical board shall notify the applicant of the
6350	6350	decision.
6351	6351	(c) If the medical board approves the application, the
6352	6352	medical board shall issue a license to the applicant. If the
6353	6353	medical board denies the application, the medical board shall
6354	6354	include in the notice of decision a description of the areas of
6355	6355	deficiency.
6356	6356	(e) A license certificate is the medical board's property
6357	6357	and must be surrendered on demand.
6358	6358	SECTION 9.071. Section 602.210, Occupations Code, is
6359	6359	amended by amending Subsections (b), (c), (d), (e), and (f) and
6360	6360	adding Subsection (g) to read as follows:
6361	6361	(b) The medical board by rule may adopt a system under which
6362	6362	licenses expire on various dates during the year.
6363	6363	(c) A person may renew an unexpired license by paying the
6364	6364	required renewal fee to the medical board before the expiration
6365	6365	date of the license.
6366	6366	(d) If a person's license has been expired for 90 days or
6367	6367	less, the person may renew the license by paying to the medical
6368	6368	board the required renewal fee and a penalty fee in an amount equal
6369	6369	to one-half of the amount of the renewal fee.
6370	6370	(e) If a person's license has been expired for longer than
6371	6371	90 days but less than one year [two years], the person may renew the
6372	6372	license by paying to the medical board the renewal fee that was due
6373	6373	at expiration and a penalty fee in an amount equal to the amount of
6374	6374	the renewal fee.
6375	6375	(f) If a person's license has been expired for one year [two
6376	6376	years] or longer, the person may not renew the license. To obtain a
6377	6377	new license, a person must comply with the requirements and
6378	6378	procedures for obtaining an original license, including the
6379	6379	examination requirement [application requirements of this chapter
6380	6380	and must submit to the board:
6381	6381	[(1) a supplemental experience record as required by
6382	6382	the board;
6383	6383	[(2) a description of professional activities
6384	6384	undertaken during the expiration period;
6385	6385	[(3) a list of current professional references; and
6386	6386	[(4) a transcript for any degree or college credit
6387	6387	earned since the person's previous license application].
6388	6388	(g) Not later than the 30th day before the date a person's
6389	6389	license expires, the medical board shall send written notice of the
6390	6390	impending license expiration to the person at the license holder's
6391	6391	last known address according to the records of the medical board.
6392	6392	SECTION 9.072. Subchapter E, Chapter 602, Occupations Code,
6393	6393	is amended by adding Section 602.2101 to read as follows:
6394	6394	Sec. 602.2101. CRIMINAL HISTORY RECORD INFORMATION
6395	6395	REQUIREMENT FOR RENEWAL. (a) An applicant renewing a license shall
6396	6396	submit a complete and legible set of fingerprints for purposes of
6397	6397	performing a criminal history check of the applicant as provided by
6398	6398	Section 602.2081.
6399	6399	(b) The medical board may not renew the license of a person
6400	6400	who does not comply with the requirement of Subsection (a).
6401	6401	(c) A license holder is not required to submit fingerprints
6402	6402	under this section for the renewal of the license if the license
6403	6403	holder has previously submitted fingerprints under:
6404	6404	(1) Section 602.2081 for the initial issuance of the
6405	6405	license; or
6406	6406	(2) this section as part of a prior renewal of the
6407	6407	license.
6408	6408	SECTION 9.073. Section 602.211, Occupations Code, is
6409	6409	amended to read as follows:
6410	6410	Sec. 602.211. LICENSE BY ENDORSEMENT OR RECIPROCITY. (a)
6411	6411	On receipt of an application and fee under Section 602.203, the
6412	6412	medical board may waive any prerequisite for obtaining a license to
6413	6413	a person who holds a license to practice medical or radiological
6414	6414	physics in another state, territory, or jurisdiction acceptable to
6415	6415	the medical board that has requirements for the licensing of
6416	6416	medical or radiological physicists that are substantially the same
6417	6417	as the requirements of this chapter.
6418	6418	(b) The medical board may waive any prerequisite for
6419	6419	obtaining a license to practice medical physics in this state for an
6420	6420	applicant who holds a license issued by another jurisdiction with
6421	6421	which this state has a reciprocity agreement. The medical board may
6422	6422	make an agreement, subject to the approval of the governor, with
6423	6423	another state to allow for licensing by reciprocity.
6424	6424	SECTION 9.074. Section 602.212, Occupations Code, is
6425	6425	amended to read as follows:
6426	6426	Sec. 602.212. LICENSE HOLDER DUTIES. A license holder
6427	6427	shall:
6428	6428	(1) publicly display the license holder's license in
6429	6429	an appropriate manner; and
6430	6430	(2) report immediately to the medical board any change
6431	6431	in the license holder's address.
6432	6432	SECTION 9.075. Section 602.213, Occupations Code, as
6433	6433	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6434	6434	2015, is amended to read as follows:
6435	6435	Sec. 602.213. PROVISIONAL LICENSE. (a) The medical board
6436	6436	may issue a provisional license to an applicant currently licensed
6437	6437	or certified in another jurisdiction who seeks a license in this
6438	6438	state and who:
6439	6439	(1) has been licensed or certified in good standing as
6440	6440	a practitioner of medical or radiologic physics for at least two
6441	6441	years in another jurisdiction, including a foreign country, that
6442	6442	has licensing or certification requirements substantially
6443	6443	equivalent to the requirements of this chapter;
6444	6444	(2) has passed a national or other examination
6445	6445	recognized by the medical board relating to the practice of medical
6446	6446	or radiologic physics; and
6447	6447	(3) is sponsored by a person licensed by the medical
6448	6448	board under this chapter with whom the provisional license holder
6449	6449	will practice during the time the person holds a provisional
6450	6450	license.
6451	6451	(b) The medical board may waive the requirement of
6452	6452	Subsection (a)(3) for an applicant if the medical board determines
6453	6453	that compliance with that subsection would be a hardship to the
6454	6454	applicant.
6455	6455	(c) A provisional license is valid until the date the
6456	6456	medical board approves or denies the provisional license holder's
6457	6457	application for a license. The medical board shall issue a license
6458	6458	under this chapter to the provisional license holder if:
6459	6459	(1) the provisional license holder is eligible to be
6460	6460	certified under Section 602.211; or
6461	6461	(2) the provisional license holder passes the part of
6462	6462	the examination under Section 602.206 that relates to the
6463	6463	applicant's knowledge and understanding of the laws and rules
6464	6464	relating to the practice of medical physics in this state and:
6465	6465	(A) the medical board verifies that the
6466	6466	provisional license holder meets the academic and experience
6467	6467	requirements for a license under this chapter; and
6468	6468	(B) the provisional license holder satisfies any
6469	6469	other licensing requirements under this chapter.
6470	6470	(d) The medical board must approve or deny a provisional
6471	6471	license holder's application for a license not later than the 180th
6472	6472	day after the date the provisional license is issued. The medical
6473	6473	board may extend the 180-day period if the results of an examination
6474	6474	have not been received by the medical board before the end of that
6475	6475	period.
6476	6476	(e) The medical board may establish a fee for provisional
6477	6477	licenses.
6478	6478	SECTION 9.076. Section 602.251, Occupations Code, is
6479	6479	amended to read as follows:
6480	6480	Sec. 602.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
6481	6481	ACTION. The medical board shall refuse to issue or renew a license,
6482	6482	suspend or revoke a license, or reprimand a license holder for:
6483	6483	(1) obtaining or renewing a license by means of fraud,
6484	6484	misrepresentation, or concealment of a material fact;
6485	6485	(2) having previously applied for or held a license
6486	6486	issued by the licensing authority of another state, territory, or
6487	6487	jurisdiction that was denied, suspended, or revoked by that
6488	6488	licensing authority;
6489	6489	(3) engaging in unprofessional conduct that
6490	6490	endangered or is likely to endanger the health, safety, or welfare
6491	6491	of the public as defined by medical board rule;
6492	6492	(4) violating this chapter, a lawful order or rule of
6493	6493	the medical board, or the medical board's code of ethics; or
6494	6494	(5) being convicted of:
6495	6495	(A) a felony; or
6496	6496	(B) a misdemeanor involving moral turpitude or
6497	6497	that directly relates to the person's duties as a licensed medical
6498	6498	physicist.
6499	6499	SECTION 9.077. Section 602.252, Occupations Code, is
6500	6500	amended to read as follows:
6501	6501	Sec. 602.252. ADMINISTRATIVE PROCEDURE. Chapters 2001 and
6502	6502	2002, Government Code, and medical board rules for a contested
6503	6503	hearing apply to a proceeding by the medical board under this
6504	6504	subchapter.
6505	6505	SECTION 9.078. Subchapter F, Chapter 602, Occupations Code,
6506	6506	is amended by adding Section 602.2521 to read as follows:
6507	6507	Sec. 602.2521. INFORMAL PROCEDURES. (a) The medical board
6508	6508	by rule shall adopt procedures governing:
6509	6509	(1) informal disposition of a contested case under
6510	6510	Section 2001.056, Government Code; and
6511	6511	(2) informal proceedings held in compliance with
6512	6512	Section 2001.054, Government Code.
6513	6513	(b) Rules adopted under Subsection (a) must:
6514	6514	(1) provide the complainant, if applicable and
6515	6515	permitted by law, an opportunity to be heard;
6516	6516	(2) provide the license holder an opportunity to be
6517	6517	heard; and
6518	6518	(3) require the medical board's legal counsel or a
6519	6519	representative of the attorney general to be present to advise the
6520	6520	medical board or the medical board's employees.
6521	6521	SECTION 9.079. Section 602.253, Occupations Code, is
6522	6522	amended to read as follows:
6523	6523	Sec. 602.253. PROBATION. The medical board may place on
6524	6524	probation a person whose license is suspended. If a license
6525	6525	suspension is probated, the medical board may require the person
6526	6526	to:
6527	6527	(1) report regularly to the medical board [department]
6528	6528	on matters that are the basis of the probation;
6529	6529	(2) limit practice to the areas prescribed by the
6530	6530	medical board; or
6531	6531	(3) continue or review professional education until
6532	6532	the person attains a degree of skill satisfactory to the medical
6533	6533	board in those areas that are the basis of the probation.
6534	6534	SECTION 9.080. Section 602.254(a), Occupations Code, is
6535	6535	amended to read as follows:
6536	6536	(a) The medical board or a three-member panel [committee] of
6537	6537	medical board members designated by the president of the medical
6538	6538	board shall temporarily suspend the license of a license holder if
6539	6539	the medical board or panel [committee] determines from the evidence
6540	6540	or information presented to it that continued practice by the
6541	6541	license holder would constitute a continuing and imminent threat to
6542	6542	the public welfare.
6543	6543	SECTION 9.081. Section 602.301, Occupations Code, is
6544	6544	amended to read as follows:
6545	6545	Sec. 602.301. INJUNCTION. The medical board shall
6546	6546	prosecute or file suit to enjoin a violation of this chapter or a
6547	6547	rule adopted under this chapter.
6548	6548	SECTION 9.082. Section 602.3015, Occupations Code, is
6549	6549	amended to read as follows:
6550	6550	Sec. 602.3015. CIVIL PENALTY. (a) A person who violates
6551	6551	this chapter or a rule adopted or order issued [adopted by the
6552	6552	board] under this chapter is liable for a civil penalty not to
6553	6553	exceed $5,000 a day.
6554	6554	(b) At the request of the medical board, the attorney
6555	6555	general shall bring an action to recover a civil penalty authorized
6556	6556	under this section.
6557	6557	SECTION 9.083. Sections 602.351(a), (e), (g), (h), (i),
6558	6558	(j), (k), and (l), Occupations Code, are amended to read as follows:
6559	6559	(a) The medical board may impose an administrative penalty
6560	6560	on a person licensed under this chapter who violates this chapter or
6561	6561	a rule adopted or order issued [adopted] under this chapter. A
6562	6562	penalty collected under this subchapter shall be deposited in the
6563	6563	state treasury in the general revenue fund.
6564	6564	(e) If the medical board [executive secretary] determines
6565	6565	that a violation occurred, the medical board [executive secretary]
6566	6566	shall give written notice [of the report] by certified mail to the
6567	6567	person.
6568	6568	(g) Within 20 days after the date the person receives the
6569	6569	notice under Subsection (e), the person in writing may:
6570	6570	(1) accept the determination and recommended penalty
6571	6571	[of the executive secretary]; or
6572	6572	(2) make a request for a hearing on the occurrence of
6573	6573	the violation, the amount of the penalty, or both.
6574	6574	(h) If the person accepts the determination and recommended
6575	6575	penalty or if the person fails to respond to the notice, the medical
6576	6576	board by order shall approve the determination and impose the
6577	6577	recommended penalty.
6578	6578	(i) If the person requests a hearing, the medical board
6579	6579	shall refer the matter to the State Office of Administrative
6580	6580	Hearings, which shall promptly set a hearing date and give written
6581	6581	notice of the time and place of the hearing to the person. An
6582	6582	administrative law judge of the State Office of Administrative
6583	6583	Hearings shall conduct the hearing.
6584	6584	(j) The administrative law judge shall make findings of fact
6585	6585	and conclusions of law and promptly issue to the medical board a
6586	6586	proposal for a decision about the occurrence of the violation and
6587	6587	the amount of a proposed penalty.
6588	6588	(k) Based on the findings of fact, conclusions of law, and
6589	6589	proposal for a decision, the medical board by order may determine
6590	6590	that:
6591	6591	(1) a violation occurred and impose a penalty; or
6592	6592	(2) a violation did not occur.
6593	6593	(l) The notice of the medical board's order under Subsection
6594	6594	(k) that is sent to the person in accordance with Chapter 2001,
6595	6595	Government Code, must include a statement of the right of the person
6596	6596	to judicial review of the order.
6597	6597	SECTION 9.084. Sections 602.352(a), (b), and (c),
6598	6598	Occupations Code, are amended to read as follows:
6599	6599	(a) Within 30 days after the date an order of the medical
6600	6600	board under Section 602.351(k) that imposes an administrative
6601	6601	penalty becomes final, the person shall:
6602	6602	(1) pay the penalty; or
6603	6603	(2) file a petition for judicial review of the medical
6604	6604	board's order contesting the occurrence of the violation, the
6605	6605	amount of the penalty, or both.
6606	6606	(b) Within the 30-day period prescribed by Subsection (a), a
6607	6607	person who files a petition for judicial review may:
6608	6608	(1) stay enforcement of the penalty by:
6609	6609	(A) paying the penalty to the court for placement
6610	6610	in an escrow account; or
6611	6611	(B) giving the court a supersedeas bond approved
6612	6612	by the court that is:
6613	6613	(i) for the amount of the penalty; and
6614	6614	(ii) effective until all judicial review of
6615	6615	the medical board's order is final; or
6616	6616	(2) request the court to stay enforcement of the
6617	6617	penalty by:
6618	6618	(A) filing with the court a sworn affidavit of
6619	6619	the person stating that the person is financially unable to pay the
6620	6620	penalty and is financially unable to give the supersedeas bond; and
6621	6621	(B) sending a copy of the affidavit to the
6622	6622	medical board by certified mail.
6623	6623	(c) If the medical board receives a copy of an affidavit
6624	6624	under Subsection (b)(2), the medical board may file with the court,
6625	6625	within five days after the date the copy is received, a contest to
6626	6626	the affidavit. The court shall hold a hearing on the facts alleged
6627	6627	in the affidavit as soon as practicable and shall stay the
6628	6628	enforcement of the penalty on finding that the alleged facts are
6629	6629	true. The person who files an affidavit has the burden of proving
6630	6630	that the person is financially unable to pay the penalty or to give
6631	6631	a supersedeas bond.
6632	6632	SECTION 9.085. Sections 603.002(2) and (3), Occupations
6633	6633	Code, are amended to read as follows:
6634	6634	(2) "Advisory committee" ["Committee"] means the
6635	6635	[Texas State] Perfusionist Licensure Advisory Committee.
6636	6636	(3) "Medical board" ["Department"] means the Texas
6637	6637	Medical Board [Department of State Health Services].
6638	6638	SECTION 9.086. Section 603.006, Occupations Code, is
6639	6639	amended to read as follows:
6640	6640	Sec. 603.006. APPLICABILITY OF OTHER LAW. Chapter 2110,
6641	6641	Government Code, does not apply to the advisory committee.
6642	6642	SECTION 9.087. The heading to Subchapter B, Chapter 603,
6643	6643	Occupations Code, is amended to read as follows:
6644	6644	SUBCHAPTER B. [TEXAS STATE] PERFUSIONIST LICENSURE ADVISORY
6645	6645	COMMITTEE
6646	6646	SECTION 9.088. Section 603.051, Occupations Code, as
6647	6647	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6648	6648	2015, is amended to read as follows:
6649	6649	Sec. 603.051. ADVISORY COMMITTEE MEMBERSHIP. (a) The
6650	6650	advisory committee is an informal advisory committee to the medical
6651	6651	board. The advisory committee has no independent rulemaking
6652	6652	authority.
6653	6653	(a-1) The advisory committee [Texas State Perfusionist
6654	6654	Advisory Committee] consists of seven [five] members appointed by
6655	6655	the president of the medical board [commissioner] as follows:
6656	6656	(1) four perfusionists licensed in this state [two
6657	6657	licensed perfusionist members] who each have [been licensed under
6658	6658	this chapter for] at least five [three] years of experience as a
6659	6659	perfusionist [before the date of appointment];
6660	6660	(2) two physicians [one physician member] licensed in
6661	6661	this state [by the Texas Medical Board] who supervise perfusionists
6662	6662	[is certified by that board in cardiovascular surgery]; and
6663	6663	(3) one member [two members] who represents
6664	6664	[represent] the public.
6665	6665	(b) Appointments to the advisory committee shall reflect
6666	6666	the historical and cultural diversity of the inhabitants of this
6667	6667	state.
6668	6668	(c) Appointments to the advisory committee shall be made
6669	6669	without regard to the race, color, disability, sex, religion, age,
6670	6670	or national origin of the appointee.
6671	6671	SECTION 9.089. Section 603.0511, Occupations Code, is
6672	6672	amended to read as follows:
6673	6673	Sec. 603.0511. PUBLIC MEMBER ELIGIBILITY [OF PUBLIC
6674	6674	MEMBERS]. A person may not be a public member of the advisory
6675	6675	committee if the person or the person's spouse:
6676	6676	(1) is registered, certified, or licensed by a
6677	6677	regulatory agency in a [the field of] health care profession;
6678	6678	(2) is employed by or participates in the management
6679	6679	of a business entity or other organization regulated by or
6680	6680	receiving money from the medical board [department];
6681	6681	(3) owns or controls, directly or indirectly, more
6682	6682	than a 10 percent interest in a business entity or other
6683	6683	organization regulated by or receiving money from the medical board
6684	6684	[department]; or
6685	6685	(4) uses or receives a substantial amount of tangible
6686	6686	goods, services, or money from the medical board [department] other
6687	6687	than compensation or reimbursement authorized by law for advisory
6688	6688	committee membership, attendance, or expenses.
6689	6689	SECTION 9.090. Sections 603.052(b) and (c), Occupations
6690	6690	Code, are amended to read as follows:
6691	6691	(b) A person may not be an advisory [a] committee member
6692	6692	[and may not be a department employee employed in a "bona fide
6693	6693	executive, administrative, or professional capacity," as that
6694	6694	phrase is used for purposes of establishing an exemption to the
6695	6695	overtime provisions of the federal Fair Labor Standards Act of 1938
6696	6696	(29 U.S.C. Section 201 et seq.)] if:
6697	6697	(1) the person is an officer, employee, or paid
6698	6698	consultant of a Texas trade association in the field of health care;
6699	6699	or
6700	6700	(2) the person's spouse is an officer, manager, or paid
6701	6701	consultant of a Texas trade association in the field of health care.
6702	6702	(c) A person may not be a member of the advisory committee or
6703	6703	act as the general counsel to the advisory committee [or the
6704	6704	department] if the person is required to register as a lobbyist
6705	6705	under Chapter 305, Government Code, because of the person's
6706	6706	activities for compensation on behalf of a profession related to
6707	6707	the operation of the advisory committee or medical board
6708	6708	[department].
6709	6709	SECTION 9.091. Section 603.053, Occupations Code, is
6710	6710	amended to read as follows:
6711	6711	Sec. 603.053. TERMS; VACANCY. (a) Members of the advisory
6712	6712	committee serve two-year [staggered six-year] terms. The terms of
6713	6713	the [one or two] members [, as appropriate,] expire on February 1 of
6714	6714	each odd-numbered year.
6715	6715	(b) If a vacancy occurs during a member's term, the
6716	6716	president of the medical board shall appoint a person to serve for
6717	6717	the unexpired term.
6718	6718	SECTION 9.092. Sections 603.054(a) and (b), Occupations
6719	6719	Code, are amended to read as follows:
6720	6720	(a) It is a ground for removal from the advisory committee
6721	6721	that a member:
6722	6722	(1) does not have at the time of taking office the
6723	6723	qualifications required by Section 603.051;
6724	6724	(2) does not maintain during service on the advisory
6725	6725	committee the qualifications required by Section 603.051;
6726	6726	(3) is ineligible for membership under Section
6727	6727	603.0511 or 603.052; or
6728	6728	(4) cannot, because of illness or disability,
6729	6729	discharge the member's duties for a substantial part of the member's
6730	6730	term [; or
6731	6731	[(5) is absent from more than half of the regularly
6732	6732	scheduled committee meetings that the member is eligible to attend
6733	6733	during a calendar year without an excuse approved by a majority vote
6734	6734	of the committee].
6735	6735	(b) The validity of an action of the advisory committee is
6736	6736	not affected by the fact that it is taken when a ground for removal
6737	6737	of a member of the advisory committee exists.
6738	6738	SECTION 9.093. Section 603.056, Occupations Code, is
6739	6739	amended to read as follows:
6740	6740	Sec. 603.056. OFFICERS. (a) The president of the medical
6741	6741	board [Not later than the 30th day after the date the commissioner
6742	6742	appoints new committee members, the commissioner] shall designate
6743	6743	biennially an advisory committee member as the [a] presiding
6744	6744	officer of the advisory committee to serve in that capacity at the
6745	6745	will of the president. [The presiding officer serves at the
6746	6746	pleasure of the commissioner.]
6747	6747	(b) The advisory committee may appoint additional officers
6748	6748	as necessary.
6749	6749	SECTION 9.094. Section 603.057, Occupations Code, is
6750	6750	amended to read as follows:
6751	6751	Sec. 603.057. MEETINGS. The advisory committee shall meet
6752	6752	as requested by the medical board [subject to the call of the
6753	6753	commissioner]. A meeting may be held by telephone conference call.
6754	6754	SECTION 9.095. The heading to Subchapter D, Chapter 603,
6755	6755	Occupations Code, is amended to read as follows:
6756	6756	SUBCHAPTER D. MEDICAL BOARD POWERS AND DUTIES
6757	6757	SECTION 9.096. Section 603.151, Occupations Code, as
6758	6758	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6759	6759	2015, is amended to read as follows:
6760	6760	Sec. 603.151. GENERAL POWERS AND DUTIES [OF DEPARTMENT].
6761	6761	The medical board [department] shall:
6762	6762	(1) establish the qualifications for a perfusionist to
6763	6763	practice in this state [and fitness of applicants for licenses,
6764	6764	including renewed and reciprocal licenses];
6765	6765	(2) establish requirements for an examination for a
6766	6766	license under this chapter [revoke, suspend, or deny a license,
6767	6767	probate a license suspension, or reprimand a license holder for a
6768	6768	violation of this chapter, a rule adopted by the executive
6769	6769	commissioner under this chapter, or the code of ethics adopted by
6770	6770	the executive commissioner];
6771	6771	(3) establish minimum education and training
6772	6772	requirements necessary for a license under this chapter [spend
6773	6773	money necessary to administer the department's duties];
6774	6774	(4) prescribe the application form for a license under
6775	6775	this chapter; and [request and receive necessary assistance from
6776	6776	another state agency, including a state educational institution;]
6777	6777	(5) adopt [an official seal;] and
6778	6778	[(6)] publish a [the] code of ethics [adopted by the
6779	6779	executive commissioner].
6780	6780	SECTION 9.097. Section 603.152, Occupations Code, is
6781	6781	amended to read as follows:
6782	6782	Sec. 603.152. GENERAL RULEMAKING AUTHORITY. The medical
6783	6783	board [executive commissioner] may adopt rules necessary to:
6784	6784	(1) regulate the practice of perfusion;
6785	6785	(2) enforce this chapter; and
6786	6786	(3) perform medical board [department] duties under
6787	6787	this chapter.
6788	6788	SECTION 9.098. Section 603.153, Occupations Code, as
6789	6789	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6790	6790	2015, is amended to read as follows:
6791	6791	Sec. 603.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE
6792	6792	BIDDING. (a) The medical board [executive commissioner] may not
6793	6793	adopt a rule restricting advertising or competitive bidding by a
6794	6794	person regulated by the medical board [department] under this
6795	6795	chapter except to prohibit a false, misleading, or deceptive
6796	6796	practice.
6797	6797	(b) The medical board [executive commissioner] may not
6798	6798	include in rules to prohibit a false, misleading, or deceptive
6799	6799	practice by a person regulated by the medical board [department]
6800	6800	under this chapter a rule that:
6801	6801	(1) restricts the person's use of any medium for
6802	6802	advertising;
6803	6803	(2) restricts the person's personal appearance or use
6804	6804	of the person's voice in an advertisement;
6805	6805	(3) relates to the size or duration of any
6806	6806	advertisement by the person; or
6807	6807	(4) restricts the use by the person of a trade name in
6808	6808	advertising.
6809	6809	SECTION 9.099. Section 603.1535, Occupations Code, as
6810	6810	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6811	6811	2015, is amended to read as follows:
6812	6812	Sec. 603.1535. RULES ON CONSEQUENCES OF CRIMINAL
6813	6813	CONVICTION. (a) The medical board [executive commissioner] shall
6814	6814	adopt rules necessary to comply with Chapter 53, except to the
6815	6815	extent the requirements of this chapter are stricter than the
6816	6816	requirements of Chapter 53.
6817	6817	(b) In rules under this section, the medical board
6818	6818	[executive commissioner] shall list the specific offenses for which
6819	6819	a conviction would constitute grounds for the medical board
6820	6820	[department] to take action under Section 53.021.
6821	6821	SECTION 9.100. Section 603.154, Occupations Code, as
6822	6822	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6823	6823	2015, is amended by amending Subsection (a) to read as follows:
6824	6824	(a) The medical board [After consulting the commissioner or
6825	6825	the department, the executive commissioner] shall set fees in
6826	6826	amounts reasonable and necessary to cover the costs of
6827	6827	administering this chapter.
6828	6828	SECTION 9.101. Section 603.155, Occupations Code, is
6829	6829	amended to read as follows:
6830	6830	Sec. 603.155. [EXECUTIVE COMMISSIONER AND DEPARTMENT]
6831	6831	DUTIES REGARDING COMPLAINTS. (a) The medical board [executive
6832	6832	commissioner] by rule shall:
6833	6833	(1) adopt a form to standardize information concerning
6834	6834	complaints made to the medical board [department]; and
6835	6835	(2) prescribe information to be provided to a person
6836	6836	when the person files a complaint with the medical board
6837	6837	[department].
6838	6838	(b) The medical board [department] shall provide reasonable
6839	6839	assistance to a person who wishes to file a complaint with the
6840	6840	medical board [department].
6841	6841	SECTION 9.102. Section 603.156, Occupations Code, is
6842	6842	amended to read as follows:
6843	6843	Sec. 603.156. REGISTRY. The medical board [department]
6844	6844	shall prepare a registry of licensed perfusionists and
6845	6845	provisionally licensed perfusionists that is available to the
6846	6846	public, license holders, and appropriate state agencies.
6847	6847	SECTION 9.103. Section 603.201, Occupations Code, is
6848	6848	amended to read as follows:
6849	6849	Sec. 603.201. PUBLIC INTEREST INFORMATION. (a) The
6850	6850	medical board [department] shall prepare information of consumer
6851	6851	interest describing the profession of perfusion, the regulatory
6852	6852	functions of the medical board [department], and the procedures by
6853	6853	which consumer complaints are filed with and resolved by the
6854	6854	medical board [department].
6855	6855	(b) The medical board [department] shall make the
6856	6856	information available to the public and appropriate state agencies.
6857	6857	SECTION 9.104. Section 603.202, Occupations Code, as
6858	6858	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6859	6859	2015, is amended to read as follows:
6860	6860	Sec. 603.202. COMPLAINTS. (a) The medical board
6861	6861	[executive commissioner] by rule shall establish methods by which
6862	6862	consumers and service recipients are notified of the name, mailing
6863	6863	address, and telephone number of the medical board [department] for
6864	6864	the purpose of directing complaints under this chapter to the
6865	6865	medical board [department]. The medical board [department] may
6866	6866	provide for that notice:
6867	6867	(1) on each license form, application, or written
6868	6868	contract for services of a person licensed under this chapter;
6869	6869	(2) on a sign prominently displayed in the place of
6870	6870	business of each person licensed under this chapter; or
6871	6871	(3) in a bill for services provided by a person
6872	6872	licensed under this chapter.
6873	6873	(b) The medical board [department] shall list with its
6874	6874	regular telephone number any toll-free telephone number
6875	6875	established under other state law that may be called to present a
6876	6876	complaint about a health professional.
6877	6877	SECTION 9.105. Section 603.203, Occupations Code, as
6878	6878	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6879	6879	2015, is amended to read as follows:
6880	6880	Sec. 603.203. RECORDS OF COMPLAINTS. (a) The medical board
6881	6881	[department] shall maintain a system to promptly and efficiently
6882	6882	act on complaints filed [with the department] under this
6883	6883	chapter. The medical board [department] shall maintain:
6884	6884	(1) information about the parties to the complaint and
6885	6885	the subject matter of the complaint;
6886	6886	(2) a summary of the results of the review or
6887	6887	investigation of the complaint; and
6888	6888	(3) information about the disposition of the
6889	6889	complaint.
6890	6890	(b) The medical board [department] shall make information
6891	6891	available describing its procedures for complaint investigation
6892	6892	and resolution.
6893	6893	(c) The medical board [department] shall periodically
6894	6894	notify the parties of the status of the complaint until final
6895	6895	disposition of the complaint.
6896	6896	SECTION 9.106. Section 603.204, Occupations Code, is
6897	6897	amended by amending Subsections (a) and (d), as amended by S.B. 219,
6898	6898	Acts of the 84th Legislature, Regular Session, 2015, and amending
6899	6899	Subsection (b) to read as follows:
6900	6900	(a) The medical board [executive commissioner] shall adopt
6901	6901	rules concerning the investigation of a complaint filed [with the
6902	6902	department] under this chapter. The rules shall:
6903	6903	(1) distinguish among categories of complaints;
6904	6904	(2) ensure that a complaint is not dismissed without
6905	6905	appropriate consideration;
6906	6906	(3) require that if [the department be advised of] a
6907	6907	complaint [that] is dismissed, [and that] a letter shall be sent to
6908	6908	the person who filed the complaint explaining the action taken on
6909	6909	the dismissed complaint;
6910	6910	(4) ensure that the person who filed the complaint has
6911	6911	an opportunity to explain the allegations made in the complaint;
6912	6912	and
6913	6913	(5) prescribe guidelines concerning the categories of
6914	6914	complaints that require the use of a private investigator and the
6915	6915	procedures for the medical board [department] to obtain the
6916	6916	services of a private investigator.
6917	6917	(b) The medical board [department] shall:
6918	6918	(1) dispose of each complaint in a timely manner; and
6919	6919	(2) establish, not later than the 30th day after the
6920	6920	date the medical board [department] receives a complaint, a
6921	6921	schedule for conducting each phase of the complaint resolution
6922	6922	process that is under the control of the medical board
6923	6923	[department].
6924	6924	(d) The executive director of the medical board [secretary]
6925	6925	shall notify the president of the medical board [department] of a
6926	6926	complaint that is not resolved within the time prescribed by the
6927	6927	medical board [department] for resolving the complaint so that the
6928	6928	president [department] may take necessary action on the complaint.
6929	6929	SECTION 9.107. The heading to Section 603.2041, Occupations
6930	6930	Code, is amended to read as follows:
6931	6931	Sec. 603.2041. SUBPOENAS; CONFIDENTIALITY OF INFORMATION.
6932	6932	SECTION 9.108. Section 603.2041, Occupations Code, is
6933	6933	amended by amending Subsections (a), (h), and (i), as amended by
6934	6934	S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, and
6935	6935	adding Subsection (a-1) to read as follows:
6936	6936	(a) The executive director of the medical board, the
6937	6937	director's designee, or the secretary-treasurer of the medical
6938	6938	board [In an investigation of a complaint filed with the
6939	6939	department, the department] may issue a subpoena or subpoena duces
6940	6940	tecum:
6941	6941	(1) to conduct an investigation or a contested case
6942	6942	proceeding related to:
6943	6943	(A) alleged misconduct by a perfusionist;
6944	6944	(B) an alleged violation of this chapter or
6945	6945	another law related to the practice of perfusion; or
6946	6946	(C) the provision of health care under this
6947	6947	chapter; or
6948	6948	(2) for purposes of determining whether to issue,
6949	6949	suspend, restrict, or revoke a license under this chapter [to
6950	6950	compel the attendance of a relevant witness or the production, for
6951	6951	inspection or copying, of relevant evidence that is in this state].
6952	6952	(a-1) Failure to timely comply with a subpoena issued under
6953	6953	this section is a ground for:
6954	6954	(1) disciplinary action by the medical board or
6955	6955	another licensing or regulatory agency with jurisdiction over the
6956	6956	person subject to the subpoena; and
6957	6957	(2) denial of a license application.
6958	6958	(h) All information and materials subpoenaed or compiled by
6959	6959	the medical board [department] in connection with a complaint and
6960	6960	investigation under this chapter are confidential and not subject
6961	6961	to disclosure under Chapter 552, Government Code, and not subject
6962	6962	to disclosure, discovery, subpoena, or other means of legal
6963	6963	compulsion for their release to anyone other than the medical board
6964	6964	[department] or its agents or employees involved in discipline of
6965	6965	the holder of a license, except that this information may be
6966	6966	disclosed to:
6967	6967	(1) persons involved with the medical board
6968	6968	[department] in a disciplinary action against the holder of a
6969	6969	license under this chapter;
6970	6970	(2) professional perfusionist licensing or
6971	6971	disciplinary boards in other jurisdictions;
6972	6972	(3) peer assistance programs approved by the medical
6973	6973	board [department] under Chapter 467, Health and Safety Code;
6974	6974	(4) law enforcement agencies; and
6975	6975	(5) persons engaged in bona fide research, if all
6976	6976	individual-identifying information has been deleted.
6977	6977	(i) The filing of formal charges by the medical board
6978	6978	[department] against a holder of a license under this chapter, the
6979	6979	nature of those charges, disciplinary proceedings of the medical
6980	6980	board [department], and final disciplinary actions, including
6981	6981	warnings and reprimands, by the medical board [department] are not
6982	6982	confidential and are subject to disclosure in accordance with
6983	6983	Chapter 552, Government Code.
6984	6984	SECTION 9.109. Section 603.205, Occupations Code, as
6985	6985	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6986	6986	2015, is amended to read as follows:
6987	6987	Sec. 603.205. PUBLIC PARTICIPATION. (a) The medical board
6988	6988	[department] shall develop and implement policies that provide the
6989	6989	public with a reasonable opportunity to appear before the medical
6990	6990	board [department] and to speak on any issue related to the practice
6991	6991	of perfusion.
6992	6992	(b) The medical board [department] shall prepare and
6993	6993	maintain a written plan that describes how a person who does not
6994	6994	speak English or who has a physical, mental, or developmental
6995	6995	disability may be provided reasonable access to the medical board's
6996	6996	[department's] programs under this chapter.
6997	6997	SECTION 9.110. Section 603.252(b), Occupations Code, as
6998	6998	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
6999	6999	2015, is amended to read as follows:
7000	7000	(b) The medical board [department] shall prescribe the
7001	7001	application form and [the executive commissioner] by rule may
7002	7002	establish dates by which applications and fees must be received.
7003	7003	SECTION 9.111. Sections 603.253(b), (c), (d), and (e),
7004	7004	Occupations Code, are amended to read as follows:
7005	7005	(b) The medical board [department] shall prepare or approve
7006	7006	an examination. The medical board [department] may prescribe an
7007	7007	examination that consists of or includes a written examination
7008	7008	given by the American Board of Cardiovascular Perfusion or by a
7009	7009	national or state testing service.
7010	7010	(c) The medical board [department] shall have any written
7011	7011	portion of the examination validated by an independent testing
7012	7012	professional.
7013	7013	(d) The medical board [department] shall administer an
7014	7014	examination to qualified applicants at least once each calendar
7015	7015	year.
7016	7016	(e) On receipt of an application and application fee, the
7017	7017	medical board [department] shall waive the examination requirement
7018	7018	for an applicant who, at the time of application:
7019	7019	(1) is licensed or certified by another state that has
7020	7020	licensing or certification requirements the medical board
7021	7021	[department] determines to be substantially equivalent to the
7022	7022	requirements of this chapter; or
7023	7023	(2) holds a certificate as a certified clinical
7024	7024	perfusionist issued by the American Board of Cardiovascular
7025	7025	Perfusion before January 1, 1994, authorizing the holder to
7026	7026	practice perfusion in a state that does not license or certify
7027	7027	perfusionists.
7028	7028	SECTION 9.112. Sections 603.2535(b) and (c), Occupations
7029	7029	Code, are amended to read as follows:
7030	7030	(b) The medical board [department] shall develop and
7031	7031	administer at least twice each calendar year a jurisprudence
7032	7032	examination to determine an applicant's knowledge of this chapter,
7033	7033	rules adopted under this chapter [by the executive commissioner],
7034	7034	and any other applicable laws of this state affecting the
7035	7035	applicant's practice of perfusion.
7036	7036	(c) The medical board [executive commissioner] shall adopt
7037	7037	rules to implement this section, including rules related to the
7038	7038	development and administration of the examination, examination
7039	7039	fees, guidelines for reexamination, grading the examination, and
7040	7040	providing notice of examination results.
7041	7041	SECTION 9.113. Section 603.254, Occupations Code, is
7042	7042	amended to read as follows:
7043	7043	Sec. 603.254. QUALIFICATION FOR EXAMINATION. (a) To
7044	7044	qualify for the licensing examinations under this chapter, an
7045	7045	applicant must have successfully completed a perfusion education
7046	7046	program approved by the medical board [department].
7047	7047	(b) The medical board [department] may approve a perfusion
7048	7048	education program only if the program has educational standards
7049	7049	that are:
7050	7050	(1) at least as stringent as those established by the
7051	7051	Accreditation Committee for Perfusion Education of the American
7052	7052	Medical Association or its successor; and
7053	7053	(2) approved by the Commission on Accreditation of the
7054	7054	Allied Health Education Program of the American Medical Association
7055	7055	or its successor.
7056	7056	SECTION 9.114. Section 603.255(a), Occupations Code, as
7057	7057	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7058	7058	2015, is amended to read as follows:
7059	7059	(a) The medical board [department] shall notify an
7060	7060	applicant in writing of the receipt and investigation of the
7061	7061	applicant's application and any other relevant evidence relating to
7062	7062	qualifications established by [department] rule not later than:
7063	7063	(1) the 45th day after the date a properly submitted
7064	7064	and timely application is received; and
7065	7065	(2) the 30th day before the next examination date.
7066	7066	SECTION 9.115. Section 603.256, Occupations Code, is
7067	7067	amended to read as follows:
7068	7068	Sec. 603.256. EXAMINATION RESULTS. (a) The medical board
7069	7069	[department] shall notify each examinee of the examination results
7070	7070	not later than the 30th day after the date the examination is
7071	7071	administered. If an examination is graded or reviewed by a national
7072	7072	or state testing service, the medical board [department] shall
7073	7073	notify each examinee of the examination results not later than the
7074	7074	14th day after the date the medical board [department] receives the
7075	7075	results from the testing service.
7076	7076	(b) If the notice of the results of an examination graded or
7077	7077	reviewed by a national or state testing service will be delayed for
7078	7078	longer than 90 days after the examination date, the medical board
7079	7079	[department] shall notify each examinee of the reason for the delay
7080	7080	before the 90th day.
7081	7081	(c) If requested in writing by a person who fails the
7082	7082	examination, the medical board [department] shall provide to the
7083	7083	person an analysis of the person's performance on the examination.
7084	7084	SECTION 9.116. Section 603.257, Occupations Code, is
7085	7085	amended to read as follows:
7086	7086	Sec. 603.257. REEXAMINATION AND ALTERNATIVES TO
7087	7087	EXAMINATION. The medical board [executive commissioner] by rule
7088	7088	shall establish:
7089	7089	(1) a limit on the number of times an applicant who
7090	7090	fails an examination may retake the examination;
7091	7091	(2) requirements for retaking an examination; and
7092	7092	(3) alternative methods of examining competency.
7093	7093	SECTION 9.117. Subchapter F, Chapter 603, Occupations Code,
7094	7094	is amended by adding Section 603.2571 to read as follows:
7095	7095	Sec. 603.2571. CRIMINAL HISTORY RECORD INFORMATION
7096	7096	REQUIREMENT FOR LICENSE. (a) The medical board shall require that
7097	7097	an applicant for a license submit a complete and legible set of
7098	7098	fingerprints, on a form prescribed by the medical board, to the
7099	7099	medical board or to the Department of Public Safety for the purpose
7100	7100	of obtaining criminal history record information from the
7101	7101	Department of Public Safety and the Federal Bureau of
7102	7102	Investigation.
7103	7103	(b) The medical board may not issue a license to a person who
7104	7104	does not comply with the requirement of Subsection (a).
7105	7105	(c) The medical board shall conduct a criminal history check
7106	7106	of each applicant for a license using information:
7107	7107	(1) provided by the individual under this section; and
7108	7108	(2) made available to the medical board by the
7109	7109	Department of Public Safety, the Federal Bureau of Investigation,
7110	7110	and any other criminal justice agency under Chapter 411, Government
7111	7111	Code.
7112	7112	(d) The medical board may:
7113	7113	(1) enter into an agreement with the Department of
7114	7114	Public Safety to administer a criminal history check required under
7115	7115	this section; and
7116	7116	(2) authorize the Department of Public Safety to
7117	7117	collect from each applicant the costs incurred by the Department of
7118	7118	Public Safety in conducting the criminal history check.
7119	7119	SECTION 9.118. Section 603.259, Occupations Code, is
7120	7120	amended by amending Subsections (a) and (d) and Subsection (c), as
7121	7121	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7122	7122	2015, to read as follows:
7123	7123	(a) The medical board [department] may issue a provisional
7124	7124	license to an applicant who files an application, pays an
7125	7125	application fee, and submits evidence satisfactory to the medical
7126	7126	board [department] of successful completion of the education
7127	7127	requirement under Section 603.254.
7128	7128	(c) A provisionally licensed perfusionist must practice
7129	7129	under the supervision and direction of a licensed perfusionist
7130	7130	while performing perfusion. If the medical board [department]
7131	7131	finds that a licensed perfusionist is not reasonably available to
7132	7132	provide supervision and direction and if the medical board
7133	7133	[department] approves an application submitted [to the department]
7134	7134	by the provisionally licensed perfusionist, supervision and
7135	7135	direction may be provided by a physician who is licensed by the
7136	7136	medical board [Texas Medical Board] and certified by the American
7137	7137	Board of Thoracic Surgery or certified in cardiovascular surgery by
7138	7138	the American Osteopathic Board of Surgery.
7139	7139	(d) The medical board [executive commissioner] may not
7140	7140	adopt a rule governing supervision and direction that requires the
7141	7141	immediate physical presence of the supervising person.
7142	7142	SECTION 9.119. Sections 603.301(b), (c), (d), and (f),
7143	7143	Occupations Code, are amended to read as follows:
7144	7144	(b) The medical board [executive commissioner] by rule may
7145	7145	adopt a system under which licenses expire on various dates during
7146	7146	the year.
7147	7147	(c) A person may renew an unexpired license by paying the
7148	7148	required renewal fee to the medical board [department] before the
7149	7149	license expiration date.
7150	7150	(d) A person whose license has been expired for 90 days or
7151	7151	less may renew the license by paying to the medical board
7152	7152	[department] a fee that is equal to 1-1/4 times the amount of the
7153	7153	renewal fee. If a license has been expired for more than 90 days
7154	7154	but less than one year, the person may renew the license by paying
7155	7155	to the medical board [department] a fee that is equal to 1-1/2 times
7156	7156	the amount of the renewal fee.
7157	7157	(f) Before the 30th day before a person's license expiration
7158	7158	date, the medical board [department] shall send written notice of
7159	7159	the impending license expiration to the person at the person's last
7160	7160	known address according to medical board [department] records.
7161	7161	SECTION 9.120. Section 603.303, Occupations Code, is
7162	7162	amended to read as follows:
7163	7163	Sec. 603.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
7164	7164	PRACTITIONER. (a) The medical board [department] may renew
7165	7165	without reexamination an expired license of a person who was
7166	7166	licensed as a perfusionist in this state, moved to another state,
7167	7167	and is licensed or certified and has been in practice in the other
7168	7168	state for the two years preceding the date the person applies for
7169	7169	renewal.
7170	7170	(b) The person must pay to the medical board [department] a
7171	7171	fee that is equal to the amount of the renewal fee for the license.
7172	7172	SECTION 9.121. Subchapter G, Chapter 603, Occupations Code,
7173	7173	is amended by adding Section 603.3031 to read as follows:
7174	7174	Sec. 603.3031. CRIMINAL HISTORY RECORD INFORMATION
7175	7175	REQUIREMENT FOR RENEWAL. (a) An applicant renewing a license shall
7176	7176	submit a complete and legible set of fingerprints for purposes of
7177	7177	performing a criminal history check of the applicant as provided by
7178	7178	Section 603.2571.
7179	7179	(b) The medical board may not renew the license of a person
7180	7180	who does not comply with the requirement of Subsection (a).
7181	7181	(c) A license holder is not required to submit fingerprints
7182	7182	under this section for the renewal of the license if the license
7183	7183	holder has previously submitted fingerprints under:
7184	7184	(1) Section 603.2571 for the initial issuance of the
7185	7185	license; or
7186	7186	(2) this section as part of a prior renewal of the
7187	7187	license.
7188	7188	SECTION 9.122. Section 603.304, Occupations Code, as
7189	7189	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7190	7190	2015, is amended to read as follows:
7191	7191	Sec. 603.304. CONTINUING EDUCATION. (a) To renew a license
7192	7192	under this chapter, a person must submit proof satisfactory to the
7193	7193	medical board [department] that the person has complied with the
7194	7194	continuing education requirements prescribed by the medical board
7195	7195	[executive commissioner].
7196	7196	(b) The medical board [executive commissioner] shall
7197	7197	establish continuing education programs for licensed perfusionists
7198	7198	and provisionally licensed perfusionists under this chapter. The
7199	7199	standards of the programs must be at least as stringent as the
7200	7200	standards of the American Board of Cardiovascular Perfusion or its
7201	7201	successor.
7202	7202	(c) The medical board [executive commissioner] shall:
7203	7203	(1) establish a minimum number of hours of continuing
7204	7204	education required for license renewal under this chapter; and
7205	7205	(2) develop a process to evaluate and approve
7206	7206	continuing education courses.
7207	7207	(d) The medical board [executive commissioner] shall
7208	7208	identify key factors for a license holder's competent performance
7209	7209	of professional duties. The medical board [executive
7210	7210	commissioner] shall adopt a procedure to assess a license holder's
7211	7211	participation in continuing education programs.
7212	7212	SECTION 9.123. Section 603.305, Occupations Code, is
7213	7213	amended to read as follows:
7214	7214	Sec. 603.305. GROUNDS FOR REFUSING RENEWAL. The medical
7215	7215	board [department] may refuse to renew the license of a person who
7216	7216	fails to pay an administrative penalty imposed under Subchapter K
7217	7217	unless enforcement of the penalty is stayed or a court has ordered
7218	7218	that the administrative penalty is not owed.
7219	7219	SECTION 9.124. Section 603.352, Occupations Code, is
7220	7220	amended to read as follows:
7221	7221	Sec. 603.352. LICENSE HOLDER INFORMATION. A person
7222	7222	licensed under this chapter shall keep the medical board
7223	7223	[department] informed of any change in the license holder's
7224	7224	address.
7225	7225	SECTION 9.125. Section 603.353, Occupations Code, is
7226	7226	amended to read as follows:
7227	7227	Sec. 603.353. SURRENDER OF LICENSE. A license certificate
7228	7228	issued by the medical board [department] is the property of the
7229	7229	medical board [department] and shall be surrendered on demand.
7230	7230	SECTION 9.126. Section 603.401, Occupations Code, is
7231	7231	amended to read as follows:
7232	7232	Sec. 603.401. GROUNDS FOR DISCIPLINARY ACTION. If a
7233	7233	license holder violates this chapter or a rule or code of ethics
7234	7234	adopted under this chapter [by the executive commissioner], the
7235	7235	medical board [department] shall:
7236	7236	(1) revoke or suspend the license;
7237	7237	(2) place on probation the person if the person's
7238	7238	license has been suspended;
7239	7239	(3) reprimand the license holder; or
7240	7240	(4) refuse to renew the license.
7241	7241	SECTION 9.127. Section 603.402, Occupations Code, as
7242	7242	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7243	7243	2015, is amended to read as follows:
7244	7244	Sec. 603.402. HEARING. (a) If the medical board
7245	7245	[department] proposes to revoke, suspend, or refuse to renew a
7246	7246	person's license, the person is entitled to a hearing before a
7247	7247	hearings officer appointed by the State Office of Administrative
7248	7248	Hearings.
7249	7249	(b) The medical board [executive commissioner] shall
7250	7250	prescribe procedures for appealing [to the department] a decision
7251	7251	to revoke, suspend, or refuse to renew a license.
7252	7252	SECTION 9.128. Section 603.404(a), Occupations Code, is
7253	7253	amended to read as follows:
7254	7254	(a) The medical board [executive commissioner] by rule
7255	7255	shall adopt a broad schedule of sanctions for a violation of this
7256	7256	chapter.
7257	7257	SECTION 9.129. Section 603.405, Occupations Code, is
7258	7258	amended to read as follows:
7259	7259	Sec. 603.405. PROBATION. The medical board [department]
7260	7260	may require a person whose license suspension is probated to:
7261	7261	(1) report regularly to the medical board [department]
7262	7262	on matters that are the basis of the probation;
7263	7263	(2) limit practice to areas prescribed by the medical
7264	7264	board [department]; or
7265	7265	(3) continue the person's professional education until
7266	7266	the license holder attains a degree of skill satisfactory to the
7267	7267	medical board [department] in those areas that are the basis of the
7268	7268	probation.
7269	7269	SECTION 9.130. Section 603.406, Occupations Code, is
7270	7270	amended to read as follows:
7271	7271	Sec. 603.406. MONITORING OF LICENSE HOLDER. (a) The
7272	7272	medical board [executive commissioner] by rule shall develop a
7273	7273	system for monitoring a license holder's compliance with the
7274	7274	requirements of this chapter.
7275	7275	(b) Rules adopted under this section must include
7276	7276	procedures to:
7277	7277	(1) monitor for compliance a license holder who is
7278	7278	ordered by the medical board [department] to perform certain acts;
7279	7279	and
7280	7280	(2) identify and monitor license holders who represent
7281	7281	a risk to the public.
7282	7282	SECTION 9.131. Section 603.407, Occupations Code, is
7283	7283	amended to read as follows:
7284	7284	Sec. 603.407. INFORMAL PROCEDURES. (a) The medical board
7285	7285	[executive commissioner] by rule shall adopt procedures governing:
7286	7286	(1) informal disposition of a contested case under
7287	7287	Section 2001.056, Government Code; and
7288	7288	(2) an informal proceeding held in compliance with
7289	7289	Section 2001.054, Government Code.
7290	7290	(b) Rules adopted under Subsection (a) must:
7291	7291	(1) provide the complainant, if applicable and
7292	7292	permitted by law, an opportunity to be heard;
7293	7293	(2) provide [and] the license holder an opportunity to
7294	7294	be heard; and
7295	7295	(3) [(2)] require the presence of a representative of
7296	7296	the attorney general or the medical board's [department's] legal
7297	7297	counsel to advise the medical board [department] or the medical
7298	7298	board's [department's] employees.
7299	7299	SECTION 9.132. Section 603.408(a), Occupations Code, is
7300	7300	amended to read as follows:
7301	7301	(a) The medical board or a three-member panel of medical
7302	7302	board members designated by the president of the medical board
7303	7303	[department] shall temporarily suspend the license of a license
7304	7304	holder if the medical board or panel [department] determines from
7305	7305	the evidence or information presented to it that continued practice
7306	7306	by the license holder would constitute a continuing and imminent
7307	7307	threat to the public welfare.
7308	7308	SECTION 9.133. Section 603.409, Occupations Code, is
7309	7309	amended to read as follows:
7310	7310	Sec. 603.409. REFUND. (a) Subject to Subsection (b), the
7311	7311	medical board [department] may order a license holder to pay a
7312	7312	refund to a consumer as provided in an agreement resulting from an
7313	7313	informal settlement conference instead of or in addition to
7314	7314	imposing an administrative penalty under this chapter.
7315	7315	(b) The amount of a refund ordered as provided in an
7316	7316	agreement resulting from an informal settlement conference may not
7317	7317	exceed the amount the consumer paid to the license holder for a
7318	7318	service regulated by this chapter. The medical board [department]
7319	7319	may not require payment of other damages or estimate harm in a
7320	7320	refund order.
7321	7321	SECTION 9.134. Section 603.451(a), Occupations Code, is
7322	7322	amended to read as follows:
7323	7323	(a) The medical board [department] may request the attorney
7324	7324	general or the appropriate county or district attorney to commence
7325	7325	an action to enjoin a violation of this chapter.
7326	7326	SECTION 9.135. Section 603.4515, Occupations Code, as
7327	7327	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7328	7328	2015, is amended to read as follows:
7329	7329	Sec. 603.4515. CIVIL PENALTY. (a) A person who violates
7330	7330	this chapter or[,] a rule adopted [by the executive commissioner
7331	7331	under this chapter,] or an order issued [adopted by the department]
7332	7332	under this chapter is liable for a civil penalty not to exceed
7333	7333	$5,000 a day.
7334	7334	(b) At the request of the medical board [department], the
7335	7335	attorney general shall bring an action to recover a civil penalty
7336	7336	authorized under this section.
7337	7337	SECTION 9.136. Section 603.453(a), Occupations Code, as
7338	7338	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7339	7339	2015, is amended to read as follows:
7340	7340	(a) If it appears to the medical board [department] that a
7341	7341	person who is not licensed under this chapter is violating this
7342	7342	chapter, a rule adopted under this chapter, or another state
7343	7343	statute or rule relating to the practice of perfusion, the medical
7344	7344	board [department] after notice and an opportunity for a hearing
7345	7345	may issue a cease and desist order prohibiting the person from
7346	7346	engaging in the activity.
7347	7347	SECTION 9.137. Section 603.501, Occupations Code, is
7348	7348	amended to read as follows:
7349	7349	Sec. 603.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The
7350	7350	medical board [department] may impose an administrative penalty on
7351	7351	a person licensed under this chapter who violates this chapter or a
7352	7352	rule or order adopted under this chapter.
7353	7353	SECTION 9.138. Section 603.502(c), Occupations Code, as
7354	7354	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7355	7355	2015, is amended to read as follows:
7356	7356	(c) The medical board [executive commissioner] by rule
7357	7357	shall adopt an administrative penalty schedule based on the
7358	7358	criteria listed in Subsection (b) for violations of this chapter or
7359	7359	applicable rules to ensure that the amounts of penalties imposed
7360	7360	are appropriate to the violation. The medical board [department]
7361	7361	shall provide the administrative penalty schedule to the public on
7362	7362	request.
7363	7363	SECTION 9.139. Section 603.503, Occupations Code, as
7364	7364	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7365	7365	2015, is amended to read as follows:
7366	7366	Sec. 603.503. NOTICE OF VIOLATION AND PENALTY. If the
7367	7367	medical board [department] determines that a violation occurred,
7368	7368	the medical board [department] shall give written notice of the
7369	7369	violation to the person. The notice must:
7370	7370	(1) include a brief summary of the alleged violation;
7371	7371	(2) state the amount of the recommended administrative
7372	7372	penalty [recommended by the department]; and
7373	7373	(3) inform the person of the person's right to a
7374	7374	hearing on the occurrence of the violation, the amount of the
7375	7375	penalty, or both.
7376	7376	SECTION 9.140. Section 603.504, Occupations Code, as
7377	7377	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7378	7378	2015, is amended to read as follows:
7379	7379	Sec. 603.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
7380	7380	Within 10 days after the date the person receives the notice, the
7381	7381	person in writing may:
7382	7382	(1) accept the determination and recommended
7383	7383	administrative penalty of the medical board [department]; or
7384	7384	(2) make a request for a hearing on the occurrence of
7385	7385	the violation, the amount of the penalty, or both.
7386	7386	(b) If the person accepts the determination and recommended
7387	7387	penalty of the medical board [department], the medical board
7388	7388	[department] by order shall approve the determination and impose
7389	7389	the recommended penalty.
7390	7390	SECTION 9.141. Sections 603.505(a) and (c), Occupations
7391	7391	Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
7392	7392	Session, 2015, are amended to read as follows:
7393	7393	(a) If the person requests a hearing or fails to respond in a
7394	7394	timely manner to the notice, the medical board [department] shall
7395	7395	set a hearing and give written notice of the hearing to the person.
7396	7396	(c) The administrative law judge shall make findings of fact
7397	7397	and conclusions of law and promptly issue to the medical board
7398	7398	[department] a proposal for a decision about the occurrence of the
7399	7399	violation and the amount of a proposed administrative penalty.
7400	7400	SECTION 9.142. Section 603.506, Occupations Code, as
7401	7401	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7402	7402	2015, is amended to read as follows:
7403	7403	Sec. 603.506. DECISION BY MEDICAL BOARD [DEPARTMENT]. (a)
7404	7404	Based on the findings of fact, conclusions of law, and proposal for
7405	7405	decision, the medical board [department] by order may determine
7406	7406	that:
7407	7407	(1) a violation occurred and impose an administrative
7408	7408	penalty; or
7409	7409	(2) a violation did not occur.
7410	7410	(b) The notice of the medical board's [department's] order
7411	7411	given to the person must include a statement of the right of the
7412	7412	person to judicial review of the order.
7413	7413	SECTION 9.143. Sections 603.507(a), (b), and (c),
7414	7414	Occupations Code, as amended by S.B. 219, Acts of the 84th
7415	7415	Legislature, Regular Session, 2015, are amended to read as follows:
7416	7416	(a) Within 30 days after the date the medical board's
7417	7417	[department's] order becomes final, the person shall:
7418	7418	(1) pay the administrative penalty; or
7419	7419	(2) file a petition for judicial review contesting the
7420	7420	occurrence of the violation, the amount of the penalty, or both.
7421	7421	(b) Within the 30-day period prescribed by Subsection (a), a
7422	7422	person who files a petition for judicial review may:
7423	7423	(1) stay enforcement of the penalty by:
7424	7424	(A) paying the penalty to the court for placement
7425	7425	in an escrow account; or
7426	7426	(B) giving the court a supersedeas bond approved
7427	7427	by the court that:
7428	7428	(i) is for the amount of the penalty; and
7429	7429	(ii) is effective until all judicial review
7430	7430	of the medical board's [department's] order is final; or
7431	7431	(2) request the court to stay enforcement of the
7432	7432	penalty by:
7433	7433	(A) filing with the court a sworn affidavit of
7434	7434	the person stating that the person is financially unable to pay the
7435	7435	penalty and is financially unable to give the supersedeas bond; and
7436	7436	(B) giving a copy of the affidavit to the medical
7437	7437	board [department] by certified mail.
7438	7438	(c) If the medical board [department] receives a copy of an
7439	7439	affidavit under Subsection (b)(2), the medical board [department]
7440	7440	may file with the court, within five days after the date the copy is
7441	7441	received, a contest to the affidavit.
7442	7442	SECTION 9.144. Sections 604.001(1) and (2), Occupations
7443	7443	Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
7444	7444	Session, 2015, are amended to read as follows:
7445	7445	(1) "Advisory board" means the Texas Board of
7446	7446	Respiratory Care ["Department" means the Department of State Health
7447	7447	Services].
7448	7448	(2) "Medical board" means the Texas Medical Board
7449	7449	["Executive commissioner" means the executive commissioner of the
7450	7450	Health and Human Services Commission].
7451	7451	SECTION 9.145. Section 604.003, Occupations Code, is
7452	7452	amended to read as follows:
7453	7453	Sec. 604.003. EFFECT OF CHAPTER. This chapter does not
7454	7454	prohibit:
7455	7455	(1) the practice of respiratory care as an integral
7456	7456	part of the program of study by a student enrolled in a respiratory
7457	7457	care education program approved by the advisory board [department];
7458	7458	(2) the employment by a health care facility of a
7459	7459	person to deliver limited respiratory care support services under
7460	7460	the supervision of another person who holds a certificate issued
7461	7461	under this chapter, if the person delivering the services does not
7462	7462	perform an invasive procedure related to critical respiratory care,
7463	7463	including a therapeutic, diagnostic, or palliative procedure, as
7464	7464	part of the person's employment and if that person:
7465	7465	(A) is enrolled for credit in the clinical
7466	7466	portion of an approved respiratory care education program; or
7467	7467	(B) has completed all of the clinical portion of
7468	7468	an approved respiratory care education program within the preceding
7469	7469	12 months and is actively pursuing a course of study leading to
7470	7470	graduation from the program;
7471	7471	(3) the care of an ill person provided without charge
7472	7472	by a friend or family member;
7473	7473	(4) care provided in an emergency by a person who does
7474	7474	not claim to be a respiratory care practitioner;
7475	7475	(5) the performance by a respiratory care practitioner
7476	7476	of an advance in the art and techniques of respiratory care learned
7477	7477	through formal or specialized training;
7478	7478	(6) the practice of respiratory care by health care
7479	7479	personnel who have been formally trained in the care used and who
7480	7480	are:
7481	7481	(A) licensed under the law regulating their
7482	7482	professions; or
7483	7483	(B) acting under the delegated authority of a
7484	7484	licensed physician;
7485	7485	(7) the practice of a legally qualified respiratory
7486	7486	care practitioner who is discharging the practitioner's official
7487	7487	duties as an employee of the United States government; or
7488	7488	(8) the practice by a person of a profession or
7489	7489	occupation for which the person is licensed, registered, or
7490	7490	certified under another law of this state.
7491	7491	SECTION 9.146. Chapter 604, Occupations Code, is amended by
7492	7492	adding Subchapter A-1 to read as follows:
7493	7493	SUBCHAPTER A-1. TEXAS BOARD OF RESPIRATORY CARE
7494	7494	Sec. 604.021. TEXAS BOARD OF RESPIRATORY CARE. The Texas
7495	7495	Board of Respiratory Care is an advisory board to the Texas Medical
7496	7496	Board.
7497	7497	Sec. 604.022. APPOINTMENT OF ADVISORY BOARD. (a) The
7498	7498	advisory board consists of nine members appointed by the governor
7499	7499	with the advice and consent of the senate as follows:
7500	7500	(1) four respiratory care practitioners who each have
7501	7501	at least five years of experience as a respiratory care
7502	7502	practitioner;
7503	7503	(2) two physicians licensed in this state who
7504	7504	supervise respiratory care practitioners; and
7505	7505	(3) three members who represent the public.
7506	7506	(b) Appointments to the advisory board shall be made without
7507	7507	regard to the race, color, disability, sex, religion, age, or
7508	7508	national origin of the appointee.
7509	7509	Sec. 604.023. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS. (a)
7510	7510	In this section, "Texas trade association" means a cooperative and
7511	7511	voluntarily joined statewide association of business or
7512	7512	professional competitors in this state designed to assist its
7513	7513	members and its industry or profession in dealing with mutual
7514	7514	business or professional problems and in promoting their common
7515	7515	interest.
7516	7516	(b) A person may not be a public member of the advisory board
7517	7517	if the person or the person's spouse:
7518	7518	(1) is registered, certified, or licensed by a
7519	7519	regulatory agency in a health care profession;
7520	7520	(2) is employed by or participates in the management
7521	7521	of a business entity or other organization regulated by or
7522	7522	receiving money from the medical board or advisory board;
7523	7523	(3) owns or controls, directly or indirectly, more
7524	7524	than a 10 percent interest in a business entity or other
7525	7525	organization regulated by or receiving money from the medical board
7526	7526	or advisory board; or
7527	7527	(4) uses or receives a substantial amount of tangible
7528	7528	goods, services, or money from the medical board or advisory board
7529	7529	other than compensation or reimbursement authorized by law for
7530	7530	advisory board membership, attendance, or expenses.
7531	7531	(c) A person may not be a member of the advisory board if:
7532	7532	(1) the person is an officer, employee, or paid
7533	7533	consultant of a Texas trade association in the field of health care;
7534	7534	or
7535	7535	(2) the person's spouse is an officer, manager, or paid
7536	7536	consultant of a Texas trade association in the field of health care.
7537	7537	(d) A person may not be a member of the advisory board or act
7538	7538	as the general counsel to the advisory board if the person is
7539	7539	required to register as a lobbyist under Chapter 305, Government
7540	7540	Code, because of the person's activities for compensation on behalf
7541	7541	of a profession related to the operation of the medical board or
7542	7542	advisory board.
7543	7543	Sec. 604.024. TERMS; VACANCIES. (a) Members of the
7544	7544	advisory board are appointed for staggered six-year terms. The
7545	7545	terms of three members expire on February 1 of each odd-numbered
7546	7546	year.
7547	7547	(b) A member may not serve more than:
7548	7548	(1) two consecutive full terms; or
7549	7549	(2) a total of three full terms.
7550	7550	(c) If a vacancy occurs during a member's term, the governor
7551	7551	shall appoint a new member to fill the unexpired term.
7552	7552	Sec. 604.025. OFFICERS. The governor shall designate a
7553	7553	member of the advisory board as the presiding officer of the
7554	7554	advisory board to serve in that capacity at the will of the
7555	7555	governor. The advisory board shall select from its membership an
7556	7556	assistant presiding officer and other officers as the advisory
7557	7557	board considers necessary to carry out the advisory board's duties.
7558	7558	Sec. 604.026. GROUNDS FOR REMOVAL. (a) It is a ground for
7559	7559	removal from the advisory board that a member:
7560	7560	(1) does not have at the time of taking office the
7561	7561	qualifications required by Sections 604.022 and 604.023;
7562	7562	(2) does not maintain during service on the advisory
7563	7563	board the qualifications required by Sections 604.022 and 604.023;
7564	7564	(3) is ineligible for membership under Section
7565	7565	604.023;
7566	7566	(4) cannot, because of illness or disability,
7567	7567	discharge the member's duties for a substantial part of the member's
7568	7568	term; or
7569	7569	(5) is absent from more than half of the regularly
7570	7570	scheduled advisory board meetings that the member is eligible to
7571	7571	attend during a calendar year without an excuse approved by a
7572	7572	majority vote of the advisory board.
7573	7573	(b) The validity of an action of the advisory board is not
7574	7574	affected by the fact that it is taken when a ground for removal of an
7575	7575	advisory board member exists.
7576	7576	(c) If the executive director of the medical board has
7577	7577	knowledge that a potential ground for removal exists, the executive
7578	7578	director shall notify the presiding officer of the advisory board
7579	7579	of the potential ground. The presiding officer shall then notify
7580	7580	the governor and the attorney general that a potential ground for
7581	7581	removal exists. If the potential ground for removal involves the
7582	7582	presiding officer, the executive director shall notify the next
7583	7583	highest ranking officer of the advisory board, who shall then
7584	7584	notify the governor and the attorney general that a potential
7585	7585	ground for removal exists.
7586	7586	Sec. 604.027. PER DIEM. A member of the advisory board is
7587	7587	entitled to receive a per diem as set by legislative appropriation
7588	7588	for each day that the member engages in the business of the advisory
7589	7589	board.
7590	7590	Sec. 604.028. APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
7591	7591	AND ADMINISTRATIVE PROCEDURE LAWS. Except as otherwise provided
7592	7592	by this chapter, the advisory board is subject to Chapters 551, 552,
7593	7593	and 2001, Government Code.
7594	7594	Sec. 604.029. MEETINGS; QUORUM REQUIREMENTS. (a) The
7595	7595	advisory board shall conduct regular meetings at least three times
7596	7596	a year at the times and places the advisory board considers most
7597	7597	convenient for applicants and advisory board members.
7598	7598	(b) The advisory board may hold special meetings in
7599	7599	accordance with rules adopted by the advisory board and approved by
7600	7600	the medical board.
7601	7601	(c) A majority of the advisory board members constitutes a
7602	7602	quorum for all purposes except for an advisory board activity
7603	7603	related to examining the credentials of applicants, acting as a
7604	7604	panel for disciplinary action under Section 604.202, or conducting
7605	7605	an informal meeting under Section 604.209.
7606	7606	Sec. 604.030. TRAINING. (a) A person who is appointed to
7607	7607	and qualifies for office as a member of the advisory board may not
7608	7608	vote, deliberate, or be counted as a member in attendance at a
7609	7609	meeting of the advisory board until the person completes a training
7610	7610	program that complies with this section.
7611	7611	(b) The training program must provide the person with
7612	7612	information regarding:
7613	7613	(1) this chapter and the advisory board's programs,
7614	7614	functions, rules, and budget;
7615	7615	(2) the results of the most recent formal audit of the
7616	7616	advisory board;
7617	7617	(3) the requirements of laws relating to open
7618	7618	meetings, public information, administrative procedure, and
7619	7619	conflicts of interest; and
7620	7620	(4) any applicable ethics policies adopted by the
7621	7621	advisory board or the Texas Ethics Commission.
7622	7622	(c) A person appointed to the advisory board is entitled to
7623	7623	reimbursement, as provided by the General Appropriations Act, for
7624	7624	the travel expenses incurred in attending the training program
7625	7625	regardless of whether the attendance at the program occurs before
7626	7626	or after the person qualifies for office.
7627	7627	SECTION 9.147. The heading to Subchapter B, Chapter 604,
7628	7628	Occupations Code, as amended by S.B. 219, Acts of the 84th
7629	7629	Legislature, Regular Session, 2015, is amended to read as follows:
7630	7630	SUBCHAPTER B. POWERS AND DUTIES OF ADVISORY BOARD [EXECUTIVE
7631	7631	COMMISSIONER] AND MEDICAL BOARD [DEPARTMENT]
7632	7632	SECTION 9.148. The heading to Section 604.052, Occupations
7633	7633	Code, is amended to read as follows:
7634	7634	Sec. 604.052. GENERAL POWERS AND DUTIES OF ADVISORY BOARD
7635	7635	[RULES].
7636	7636	SECTION 9.149. Section 604.052(a), Occupations Code, as
7637	7637	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7638	7638	2015, is amended to read as follows:
7639	7639	(a) The advisory board [executive commissioner by rule]
7640	7640	shall:
7641	7641	(1) adopt rules that are reasonable and necessary for
7642	7642	the performance of the advisory board's duties under this chapter,
7643	7643	as provided by Chapter 2001, Government Code, including rules to
7644	7644	establish:
7645	7645	(A) the certification and permitting program;
7646	7646	and
7647	7647	(B) minimum qualifications for respiratory care
7648	7648	practitioners;
7649	7649	(2) review and approve or reject each application for
7650	7650	the issuance or renewal of a certificate or temporary permit;
7651	7651	(3) issue each certificate or permit;
7652	7652	(4) deny, suspend, or revoke [standards for issuing,
7653	7653	denying, renewing, suspending, suspending on an emergency basis, or
7654	7654	revoking] a certificate or temporary permit or otherwise discipline
7655	7655	a certificate or permit holder; and
7656	7656	(5) take any action necessary to carry out the
7657	7657	functions and duties of the advisory board under this chapter.
7658	7658	SECTION 9.150. Subchapter B, Chapter 604, Occupations Code,
7659	7659	is amended by adding Sections 604.0521 and 604.0522 to read as
7660	7660	follows:
7661	7661	Sec. 604.0521. GUIDELINES FOR EARLY INVOLVEMENT IN
7662	7662	RULEMAKING PROCESS. (a) The advisory board shall adopt guidelines
7663	7663	to establish procedures for receiving input during the rulemaking
7664	7664	process from individuals and groups that have an interest in
7665	7665	matters under the advisory board's jurisdiction. The guidelines
7666	7666	must provide an opportunity for those individuals and groups to
7667	7667	provide input before the advisory board submits the rule to the
7668	7668	medical board for approval.
7669	7669	(b) A rule adopted under this chapter may not be challenged
7670	7670	on the grounds that the advisory board did not comply with this
7671	7671	section. If the advisory board was unable to solicit a significant
7672	7672	amount of input from the public or affected persons early in the
7673	7673	rulemaking process, the advisory board shall state in writing the
7674	7674	reasons why it was unable to do so.
7675	7675	Sec. 604.0522. POWERS AND DUTIES OF MEDICAL BOARD RELATING
7676	7676	TO RESPIRATORY CARE PRACTITIONERS. (a) The medical board shall
7677	7677	adopt rules consistent with this chapter to regulate:
7678	7678	(1) respiratory care practitioners; and
7679	7679	(2) physicians who supervise respiratory care
7680	7680	practitioners.
7681	7681	(b) The medical board, by a majority vote, shall approve or
7682	7682	reject each rule adopted by the advisory board. If approved, the
7683	7683	rule may take effect. If the rule is rejected, the medical board
7684	7684	shall return the rule to the advisory board for revision.
7685	7685	SECTION 9.151. Section 604.053, Occupations Code, as
7686	7686	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7687	7687	2015, is amended to read as follows:
7688	7688	Sec. 604.053. FEES. (a) The advisory board [executive
7689	7689	commissioner] by rule shall set fees for an application,
7690	7690	examination, certificate, temporary permit, permit and certificate
7691	7691	renewal, and certificate reinstatement.
7692	7692	(b) The advisory board [executive commissioner] by rule
7693	7693	shall set fees in reasonable amounts that are sufficient to cover
7694	7694	the costs of administering this chapter. [The executive
7695	7695	commissioner shall set fees for issuing or renewing a certificate
7696	7696	or permit in amounts designed to allow the department to recover
7697	7697	from the certificate and permit holders all of the department's
7698	7698	direct and indirect costs in administering and enforcing this
7699	7699	chapter.]
7700	7700	SECTION 9.152. Section 604.054, Occupations Code, is
7701	7701	amended to read as follows:
7702	7702	Sec. 604.054. APPROVAL OF EDUCATION PROGRAMS. In
7703	7703	determining whether to approve a respiratory care education
7704	7704	program, the advisory board [department] shall consider relevant
7705	7705	information about the quality of the program, including
7706	7706	accreditation of the program by a professional medical association,
7707	7707	such as the Commission on Accreditation of Allied Health Education
7708	7708	Programs.
7709	7709	SECTION 9.153. Section 604.055, Occupations Code, as
7710	7710	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7711	7711	2015, is amended to read as follows:
7712	7712	Sec. 604.055. PEER ASSISTANCE PROGRAM. The medical board
7713	7713	[department] may establish, approve, and fund a peer assistance
7714	7714	program in accordance with Section 467.003, Health and Safety Code,
7715	7715	and medical board [department] rules.
7716	7716	SECTION 9.154. Section 604.057, Occupations Code, as
7717	7717	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7718	7718	2015, is amended to read as follows:
7719	7719	Sec. 604.057. RULES REGARDING ADVERTISING OR COMPETITIVE
7720	7720	BIDDING. (a) The advisory board [executive commissioner] may not
7721	7721	adopt rules restricting advertising or competitive bidding by a
7722	7722	temporary permit or certificate holder except to prohibit false,
7723	7723	misleading, or deceptive practices.
7724	7724	(b) In adopting rules to prohibit false, misleading, or
7725	7725	deceptive practices, the advisory board [executive commissioner]
7726	7726	may not include a rule that:
7727	7727	(1) restricts the use of any medium for advertising;
7728	7728	(2) restricts the use of a temporary permit or
7729	7729	certificate holder's personal appearance or voice in an
7730	7730	advertisement;
7731	7731	(3) relates to the size or duration of an
7732	7732	advertisement by the temporary permit or certificate holder; or
7733	7733	(4) restricts the temporary permit or certificate
7734	7734	holder's advertisement under a trade name.
7735	7735	SECTION 9.155. Subchapter B, Chapter 604, Occupations Code,
7736	7736	is amended by adding Sections 604.058, 604.059, and 604.060 to read
7737	7737	as follows:
7738	7738	Sec. 604.058. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
7739	7739	The advisory board shall adopt rules and guidelines as necessary to
7740	7740	comply with Chapter 53, except to the extent the requirements of
7741	7741	this chapter are stricter than the requirements of Chapter 53.
7742	7742	Sec. 604.059. ASSISTANCE BY MEDICAL BOARD; DIVISION OF
7743	7743	RESPONSIBILITIES. (a) The medical board shall provide
7744	7744	administrative and clerical employees as necessary to enable the
7745	7745	advisory board to administer this chapter.
7746	7746	(b) Subject to the advice and approval of the medical board,
7747	7747	the advisory board shall develop and implement policies that
7748	7748	clearly separate the policy-making responsibilities of the
7749	7749	advisory board and the management responsibilities of the executive
7750	7750	director and staff of the medical board.
7751	7751	Sec. 604.060. PUBLIC PARTICIPATION. Subject to the advice
7752	7752	and approval of the medical board, the advisory board shall develop
7753	7753	and implement policies that provide the public with a reasonable
7754	7754	opportunity to appear before the advisory board and to speak on any
7755	7755	issue under the jurisdiction of the advisory board.
7756	7756	SECTION 9.156. Section 604.101(b), Occupations Code, as
7757	7757	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7758	7758	2015, is amended to read as follows:
7759	7759	(b) A person may not practice respiratory care other than
7760	7760	under the direction of a qualified medical director or other
7761	7761	physician licensed by the medical board [Texas Medical Board].
7762	7762	SECTION 9.157. Section 604.103, Occupations Code, as
7763	7763	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7764	7764	2015, is amended to read as follows:
7765	7765	Sec. 604.103. APPLICATION; APPLICATION FEE. An applicant
7766	7766	for a certificate or temporary permit must:
7767	7767	(1) apply to the advisory board [department] on a form
7768	7768	prescribed by [the department] and under rules adopted by the
7769	7769	advisory board [executive commissioner]; and
7770	7770	(2) submit a nonrefundable application fee with the
7771	7771	application.
7772	7772	SECTION 9.158. Subchapter C, Chapter 604, Occupations Code,
7773	7773	is amended by adding Section 604.1031 to read as follows:
7774	7774	Sec. 604.1031. CRIMINAL HISTORY RECORD INFORMATION
7775	7775	REQUIREMENT FOR CERTIFICATE OR TEMPORARY PERMIT. (a) The advisory
7776	7776	board shall require that an applicant for a certificate or
7777	7777	temporary permit submit a complete and legible set of fingerprints,
7778	7778	on a form prescribed by the advisory board, to the advisory board or
7779	7779	to the Department of Public Safety for the purpose of obtaining
7780	7780	criminal history record information from the Department of Public
7781	7781	Safety and the Federal Bureau of Investigation.
7782	7782	(b) The advisory board may not issue a certificate or
7783	7783	temporary permit to a person who does not comply with the
7784	7784	requirement of Subsection (a).
7785	7785	(c) The advisory board shall conduct a criminal history
7786	7786	check of each applicant for a certificate or temporary permit using
7787	7787	information:
7788	7788	(1) provided by the individual under this section; and
7789	7789	(2) made available to the advisory board by the
7790	7790	Department of Public Safety, the Federal Bureau of Investigation,
7791	7791	and any other criminal justice agency under Chapter 411, Government
7792	7792	Code.
7793	7793	(d) The advisory board may:
7794	7794	(1) enter into an agreement with the Department of
7795	7795	Public Safety to administer a criminal history check required under
7796	7796	this section; and
7797	7797	(2) authorize the Department of Public Safety to
7798	7798	collect from each applicant the costs incurred by the Department of
7799	7799	Public Safety in conducting the criminal history check.
7800	7800	SECTION 9.159. Section 604.104, Occupations Code, is
7801	7801	amended to read as follows:
7802	7802	Sec. 604.104. REQUIREMENT FOR CERTIFICATE. An applicant
7803	7803	for a certificate must submit to the advisory board [department]
7804	7804	written evidence, verified by oath, that the applicant has
7805	7805	completed:
7806	7806	(1) an approved four-year high school course of study
7807	7807	or the equivalent as determined by the appropriate educational
7808	7808	agency; and
7809	7809	(2) a respiratory care education program approved by
7810	7810	the advisory board [department].
7811	7811	SECTION 9.160. Section 604.1041, Occupations Code, as
7812	7812	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7813	7813	2015, is amended to read as follows:
7814	7814	Sec. 604.1041. EXAMINATION. (a) The advisory board
7815	7815	[executive commissioner] by rule shall establish examination
7816	7816	requirements for a certificate under this chapter. The advisory
7817	7817	board [executive commissioner] may use the entry level examination
7818	7818	prepared by the National Board for Respiratory Care or an
7819	7819	equivalent examination.
7820	7820	(b) An applicant for a certificate or temporary permit must
7821	7821	pass a jurisprudence examination approved by the advisory board.
7822	7822	SECTION 9.161. Section 604.1042, Occupations Code, is
7823	7823	amended to read as follows:
7824	7824	Sec. 604.1042. NOTIFICATION OF EXAMINATION RESULTS. (a)
7825	7825	Not later than the 30th day after the date a person takes a
7826	7826	certification examination under this chapter, the advisory board
7827	7827	[department] shall notify the person of the results of the
7828	7828	examination.
7829	7829	(b) If the examination is graded or reviewed by a testing
7830	7830	service, the advisory board [department] shall notify the person of
7831	7831	the results of the examination not later than the 14th day after the
7832	7832	date the advisory board [department] receives the results from the
7833	7833	testing service. If notice of the examination results will be
7834	7834	delayed for longer than 90 days after the examination date, the
7835	7835	advisory board [department] shall notify the person of the reason
7836	7836	for the delay before the 90th day.
7837	7837	(c) The advisory board [department] may require a testing
7838	7838	service to notify a person of the results of the person's
7839	7839	examination.
7840	7840	(d) If requested in writing by a person who fails a
7841	7841	certification examination administered under this chapter, the
7842	7842	advisory board [department] shall furnish the person with an
7843	7843	analysis of the person's performance on the examination.
7844	7844	SECTION 9.162. Section 604.105, Occupations Code, is
7845	7845	amended to read as follows:
7846	7846	Sec. 604.105. ISSUANCE OF CERTIFICATE. The advisory board
7847	7847	[department] shall issue a certificate to an applicant who:
7848	7848	(1) meets the minimum qualifications [standards]
7849	7849	adopted under Section 604.052(a);
7850	7850	(2) passes the required examinations;
7851	7851	(3) complies with the criminal history record
7852	7852	information requirement of Section 604.1031;
7853	7853	(4) submits an application on a form prescribed by the
7854	7854	advisory board;
7855	7855	(5) certifies that the applicant is mentally and
7856	7856	physically able to be a respiratory care practitioner;
7857	7857	(6) submits to the advisory board any other
7858	7858	information the advisory board considers necessary to evaluate the
7859	7859	applicant's qualifications; and
7860	7860	(7) pays the certificate fee.
7861	7861	SECTION 9.163. Section 604.106, Occupations Code, is
7862	7862	amended to read as follows:
7863	7863	Sec. 604.106. ISSUANCE OF CERTIFICATE BY RECIPROCITY. The
7864	7864	advisory board [department] may issue a certificate to a person who
7865	7865	is licensed or certified to practice respiratory care by another
7866	7866	state whose requirements for licensure or certification were on the
7867	7867	date the license or certificate was issued substantially equal to
7868	7868	the requirements of this chapter.
7869	7869	SECTION 9.164. Section 604.107, Occupations Code, is
7870	7870	amended to read as follows:
7871	7871	Sec. 604.107. REQUIREMENTS FOR TEMPORARY PERMIT. An
7872	7872	applicant for a temporary permit to practice respiratory care must
7873	7873	submit to the advisory board:
7874	7874	(1) [department] written evidence, verified by oath,
7875	7875	that the applicant is:
7876	7876	(A) [(1)] practicing or has within the 12-month
7877	7877	period preceding the application date practiced respiratory care in
7878	7878	another state or country and is licensed to practice respiratory
7879	7879	care in that state or country;
7880	7880	(B) [(2)] a student in an approved respiratory
7881	7881	care education program who expects to graduate from the program not
7882	7882	later than the 30th day after the date the temporary permit is
7883	7883	issued; or
7884	7884	(C) [(3)] a graduate of an approved respiratory
7885	7885	care education program; and
7886	7886	(2) any additional information required by advisory
7887	7887	board rules.
7888	7888	SECTION 9.165. Section 604.108, Occupations Code, is
7889	7889	amended by amending Subsection (a) and Subsection (b), as amended
7890	7890	by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, to
7891	7891	read as follows:
7892	7892	(a) The advisory board [department] shall issue a temporary
7893	7893	permit to an applicant who:
7894	7894	(1) meets the requirements of Sections 604.103 and
7895	7895	604.107;
7896	7896	(2) complies with the criminal history record
7897	7897	information requirement of Section 604.1031; and
7898	7898	(3) pays the permit fee.
7899	7899	(b) A temporary permit is valid for the period set by
7900	7900	advisory board [department] rule. The period may not be less than
7901	7901	six months or more than 12 months.
7902	7902	SECTION 9.166. Subchapter C, Chapter 604, Occupations Code,
7903	7903	is amended by adding Section 604.110 to read as follows:
7904	7904	Sec. 604.110. DELEGATION OF AUTHORITY TO ISSUE CERTIFICATE
7905	7905	OR TEMPORARY PERMIT. The advisory board may delegate authority to
7906	7906	medical board employees to issue certificates or temporary permits
7907	7907	under this chapter to applicants who clearly meet all applicable
7908	7908	requirements. If the medical board employees determine that the
7909	7909	applicant does not clearly meet all applicable requirements, the
7910	7910	application must be returned to the advisory board. A certificate
7911	7911	or temporary permit issued under this section does not require
7912	7912	formal advisory board approval.
7913	7913	SECTION 9.167. Section 604.151(b), Occupations Code, as
7914	7914	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7915	7915	2015, is amended to read as follows:
7916	7916	(b) The advisory board [executive commissioner] by rule may
7917	7917	adopt a system under which certificates expire on various dates
7918	7918	during the year. For the year in which the certificate expiration
7919	7919	date is changed, the advisory board [department] shall prorate
7920	7920	certificate fees on a monthly basis so that each certificate holder
7921	7921	pays only that portion of the certificate fee that is allocable to
7922	7922	the number of months during which the certificate is valid. On
7923	7923	renewal of the certificate on the new expiration date, the total
7924	7924	certificate renewal fee is payable.
7925	7925	SECTION 9.168. Section 604.152, Occupations Code, is
7926	7926	amended to read as follows:
7927	7927	Sec. 604.152. NOTICE OF CERTIFICATE RENEWAL. (a) Not later
7928	7928	than the 30th day before the expiration date of a person's
7929	7929	certificate, the advisory board [department] shall mail a renewal
7930	7930	notice to the person at the person's last known address.
7931	7931	(b) To renew a certificate, the certificate holder must:
7932	7932	(1) complete the renewal notice and return the notice
7933	7933	with the renewal fee to the advisory board [department] on or before
7934	7934	the expiration date; and
7935	7935	(2) meet any other requirement established by advisory
7936	7936	board rule.
7937	7937	SECTION 9.169. Sections 604.1521(a) and (b), Occupations
7938	7938	Code, are amended to read as follows:
7939	7939	(a) A person whose certificate has been expired for 90 days
7940	7940	or less may renew the certificate by paying to the advisory board
7941	7941	[department] a renewal fee that is equal to 1-1/2 times the normally
7942	7942	required renewal fee.
7943	7943	(b) A person whose certificate has been expired for more
7944	7944	than 90 days but less than one year may renew the certificate by
7945	7945	paying to the advisory board [department] a renewal fee that is
7946	7946	equal to two times the normally required renewal fee.
7947	7947	SECTION 9.170. Section 604.1522(b), Occupations Code, is
7948	7948	amended to read as follows:
7949	7949	(b) The person must pay to the advisory board [department] a
7950	7950	fee that is equal to two times the normally required renewal fee for
7951	7951	the certificate.
7952	7952	SECTION 9.171. Subchapter D, Chapter 604, Occupations Code,
7953	7953	is amended by adding Section 604.1523 to read as follows:
7954	7954	Sec. 604.1523. CRIMINAL HISTORY RECORD INFORMATION
7955	7955	REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a
7956	7956	certificate or temporary permit shall submit a complete and legible
7957	7957	set of fingerprints for purposes of performing a criminal history
7958	7958	check of the applicant as provided by Section 604.1031.
7959	7959	(b) The advisory board may not renew the certificate or
7960	7960	temporary permit of a person who does not comply with the
7961	7961	requirement of Subsection (a).
7962	7962	(c) A person is not required to submit fingerprints under
7963	7963	this section for the renewal of a certificate or temporary permit if
7964	7964	the person has previously submitted fingerprints under:
7965	7965	(1) Section 604.1031 for the initial issuance of the
7966	7966	certificate or permit; or
7967	7967	(2) this section as part of a prior renewal of a
7968	7968	certificate or permit.
7969	7969	SECTION 9.172. Section 604.153(a), Occupations Code, is
7970	7970	amended to read as follows:
7971	7971	(a) The advisory board [department] shall issue to the
7972	7972	certificate holder a certificate for the renewal period on receipt
7973	7973	of the completed renewal notice and other information required by
7974	7974	advisory board rule and payment of the renewal fee.
7975	7975	SECTION 9.173. Section 604.154, Occupations Code, as
7976	7976	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7977	7977	2015, is amended to read as follows:
7978	7978	Sec. 604.154. CONTINUING EDUCATION REQUIREMENTS. (a) The
7979	7979	advisory board [executive commissioner] shall establish for the
7980	7980	renewal of a certificate uniform continuing education requirements
7981	7981	of not less than 12 or more than 24 continuing education hours for
7982	7982	each renewal period.
7983	7983	(b) The advisory board [executive commissioner] may adopt
7984	7984	rules relating to meeting the continuing education requirements in
7985	7985	a hardship situation.
7986	7986	SECTION 9.174. Section 604.156, Occupations Code, as
7987	7987	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
7988	7988	2015, is amended to read as follows:
7989	7989	Sec. 604.156. INACTIVE STATUS. (a) A respiratory care
7990	7990	practitioner who does not practice respiratory care during a
7991	7991	renewal period and who notifies the advisory board [department]
7992	7992	that the practitioner is not practicing respiratory care is not
7993	7993	required to pay the renewal fee until the practitioner resumes
7994	7994	practice.
7995	7995	(b) To resume the practice of respiratory care, the
7996	7996	practitioner must:
7997	7997	(1) notify the advisory board [department];
7998	7998	(2) satisfy requirements adopted by the advisory board
7999	7999	[executive commissioner]; and
8000	8000	(3) pay the reinstatement fee and the renewal fee for
8001	8001	the renewal period in which the practitioner will resume practice.
8002	8002	SECTION 9.175. Section 604.157(b), Occupations Code, as
8003	8003	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
8004	8004	2015, is amended to read as follows:
8005	8005	(b) The advisory board [department] may renew a temporary
8006	8006	permit for not more than one additional period, pending compliance
8007	8007	with this chapter and advisory board [department] rules. The
8008	8008	additional period may not be less than six months or more than 12
8009	8009	months.
8010	8010	SECTION 9.176. Chapter 604, Occupations Code, is amended by
8011	8011	adding Subchapter D-1 to read as follows:
8012	8012	SUBCHAPTER D-1. COMPLAINTS AND INVESTIGATIVE INFORMATION
8013	8013	Sec. 604.171. COMPLAINT INFORMATION AND STATUS. (a) The
8014	8014	advisory board shall maintain a system to promptly and efficiently
8015	8015	act on complaints filed with the advisory board. The advisory
8016	8016	board shall maintain:
8017	8017	(1) information about the parties to the complaint and
8018	8018	the subject matter of the complaint;
8019	8019	(2) a summary of the results of the review or
8020	8020	investigation of the complaint; and
8021	8021	(3) information about the disposition of the
8022	8022	complaint.
8023	8023	(b) The advisory board shall make information available
8024	8024	describing its procedures for complaint investigation and
8025	8025	resolution.
8026	8026	(c) If a written complaint is filed with the advisory board
8027	8027	relating to a certificate or temporary permit holder, the advisory
8028	8028	board, as often as quarterly and until final determination of the
8029	8029	action to be taken on the complaint, shall notify the parties to the
8030	8030	complaint of the status of the complaint unless the notice would
8031	8031	jeopardize an active investigation.
8032	8032	Sec. 604.172. CONDUCT OF INVESTIGATION. The advisory board
8033	8033	shall complete a preliminary investigation of a complaint filed
8034	8034	with the advisory board not later than the 45th day after the date
8035	8035	of receiving the complaint. The advisory board shall first
8036	8036	determine whether the person constitutes a continuing threat to the
8037	8037	public welfare. On completion of the preliminary investigation,
8038	8038	the advisory board shall determine whether to officially proceed on
8039	8039	the complaint. If the advisory board fails to complete the
8040	8040	preliminary investigation in the time required by this section, the
8041	8041	advisory board's official investigation of the complaint is
8042	8042	considered to commence on that date.
8043	8043	Sec. 604.173. ACCESS TO COMPLAINT INFORMATION. (a) Except
8044	8044	as provided by Subsection (b), the advisory board shall provide a
8045	8045	person who is the subject of a formal complaint filed under this
8046	8046	chapter with access to all information in its possession that the
8047	8047	advisory board intends to offer into evidence in presenting its
8048	8048	case in chief at the contested hearing on the complaint, subject to
8049	8049	any other privilege or restriction established by rule, statute, or
8050	8050	legal precedent. The advisory board shall provide the information
8051	8051	not later than the 30th day after receipt of a written request from
8052	8052	the person or the person's counsel, unless good cause is shown for
8053	8053	delay.
8054	8054	(b) The advisory board is not required to provide:
8055	8055	(1) advisory board investigative reports;
8056	8056	(2) investigative memoranda;
8057	8057	(3) the identity of a nontestifying complainant;
8058	8058	(4) attorney-client communications;
8059	8059	(5) attorney work product; or
8060	8060	(6) other material covered by a privilege recognized
8061	8061	by the Texas Rules of Civil Procedure or the Texas Rules of
8062	8062	Evidence.
8063	8063	(c) Providing information under this section does not
8064	8064	constitute a waiver of privilege or confidentiality under this
8065	8065	chapter or other law.
8066	8066	Sec. 604.174. HEALTH CARE ENTITY REQUEST FOR INFORMATION.
8067	8067	On the written request of a health care entity, the advisory board
8068	8068	shall provide to the entity:
8069	8069	(1) information about a complaint filed against a
8070	8070	person that was resolved after investigation by:
8071	8071	(A) a disciplinary order of the advisory board;
8072	8072	or
8073	8073	(B) an agreed settlement; and
8074	8074	(2) the basis of and current status of any complaint
8075	8075	that has been referred by the executive director of the medical
8076	8076	board for enforcement action.
8077	8077	Sec. 604.175. CONFIDENTIALITY OF INVESTIGATIVE
8078	8078	INFORMATION. A complaint, adverse report, investigation file,
8079	8079	other report, or other investigative information in the possession
8080	8080	of or received or gathered by the advisory board, the medical board,
8081	8081	or an employee or agent of the medical board relating to a
8082	8082	certificate or temporary permit holder, an application for a
8083	8083	certificate or temporary permit, or a criminal investigation or
8084	8084	proceeding is privileged and confidential and is not subject to
8085	8085	discovery, subpoena, or other means of legal compulsion for release
8086	8086	to any person other than the advisory board, the medical board, or
8087	8087	an employee or agent of the advisory board or medical board involved
8088	8088	in discipline under this chapter. For purposes of this section,
8089	8089	"investigative information" includes information related to the
8090	8090	identity of a person performing or supervising compliance
8091	8091	monitoring for the advisory board or medical board and a report
8092	8092	prepared by the person related to compliance monitoring.
8093	8093	Sec. 604.176. PERMITTED DISCLOSURE OF INVESTIGATIVE
8094	8094	INFORMATION. (a) Investigative information in the possession of
8095	8095	the advisory board, the medical board, or an employee or agent of
8096	8096	the medical board that relates to the discipline of a certificate or
8097	8097	temporary permit holder may be disclosed to:
8098	8098	(1) a licensing authority in another state or country
8099	8099	in which the certificate or temporary permit holder is licensed,
8100	8100	certified, or permitted or has applied for a license,
8101	8101	certification, or permit; or
8102	8102	(2) a medical peer review committee reviewing:
8103	8103	(A) an application for privileges; or
8104	8104	(B) the qualifications of the certificate holder
8105	8105	or person with respect to retaining privileges.
8106	8106	(b) If investigative information in the possession of the
8107	8107	advisory board, the medical board, or an employee or agent of the
8108	8108	medical board indicates that a crime may have been committed, the
8109	8109	advisory board or medical board, as appropriate, shall report the
8110	8110	information to the proper law enforcement agency. The advisory
8111	8111	board and medical board shall cooperate with and assist each law
8112	8112	enforcement agency conducting a criminal investigation of a
8113	8113	certificate or temporary permit holder by providing information
8114	8114	relevant to the investigation. Confidential information disclosed
8115	8115	to a law enforcement agency under this subsection remains
8116	8116	confidential and may not be disclosed by the law enforcement agency
8117	8117	except as necessary to further the investigation.
8118	8118	SECTION 9.177. Section 604.201, Occupations Code, is
8119	8119	amended to read as follows:
8120	8120	Sec. 604.201. DISCIPLINARY ACTION. (a) For a violation of
8121	8121	this chapter or a rule adopted under this chapter, the advisory
8122	8122	board [department] may:
8123	8123	(1) deny, suspend, suspend on an emergency basis,
8124	8124	revoke, or refuse to renew a certificate or temporary permit;
8125	8125	(2) place the certificate or permit holder on
8126	8126	probation under conditions set by the advisory board [department];
8127	8127	or
8128	8128	(3) reprimand the certificate or permit holder.
8129	8129	(b) The advisory board [department] shall take disciplinary
8130	8130	action authorized under Subsection (a) if the advisory board
8131	8131	[department] determines that a person who holds a certificate or
8132	8132	temporary permit:
8133	8133	(1) is guilty of fraud or deceit in procuring,
8134	8134	renewing, or attempting to procure a certificate or temporary
8135	8135	permit;
8136	8136	(2) is unfit or incompetent because of negligence or
8137	8137	another cause of incompetency;
8138	8138	(3) is addicted to or has improperly obtained,
8139	8139	possessed, used, or distributed a habit-forming drug or narcotic or
8140	8140	is habitually intemperate in the use of alcoholic beverages;
8141	8141	(4) is guilty of dishonest or unethical conduct as
8142	8142	determined by the advisory board [department];
8143	8143	(5) has practiced respiratory care after the person's
8144	8144	certificate or temporary permit has expired;
8145	8145	(6) has practiced respiratory care under a certificate
8146	8146	or temporary permit illegally or fraudulently obtained or issued;
8147	8147	(7) has practiced respiratory care without the
8148	8148	direction of a qualified medical director or other licensed
8149	8149	physician; or
8150	8150	(8) has violated this chapter or aided or abetted
8151	8151	another in violating this chapter.
8152	8152	SECTION 9.178. Subchapter E, Chapter 604, Occupations Code,
8153	8153	is amended by adding Section 604.2011 to read as follows:
8154	8154	Sec. 604.2011. SURRENDER OF CERTIFICATE OR TEMPORARY
8155	8155	PERMIT. (a) The advisory board may accept the voluntary surrender
8156	8156	of a certificate or temporary permit. A person who has surrendered a
8157	8157	certificate or temporary permit may not engage in activities that
8158	8158	require a certificate or permit, and the advisory board may not
8159	8159	return the certificate or permit to the person, until the person
8160	8160	demonstrates to the satisfaction of the advisory board that the
8161	8161	person is able to resume practice as a respiratory care
8162	8162	practitioner.
8163	8163	(b) The advisory board shall by rule establish guidelines
8164	8164	for determining when a person is competent to resume practice as a
8165	8165	respiratory care practitioner.
8166	8166	SECTION 9.179. Section 604.202, Occupations Code, is
8167	8167	amended to read as follows:
8168	8168	Sec. 604.202. EMERGENCY SUSPENSION. (a) The presiding
8169	8169	officer of the advisory board shall appoint a three-member
8170	8170	disciplinary panel consisting of advisory board members to
8171	8171	determine whether a certificate or permit should be temporarily
8172	8172	suspended.
8173	8173	(a-1) The disciplinary panel shall temporarily [department
8174	8174	may] suspend a certificate or temporary permit issued under this
8175	8175	chapter on a determination that continued practice by a certificate
8176	8176	or temporary permit holder would constitute a continuing threat to
8177	8177	the public welfare [the health and safety of a person is threatened
8178	8178	and may make the suspension effective immediately].
8179	8179	(b) A [person whose] certificate or temporary permit may be
8180	8180	[is] suspended under this section without notice or hearing on the
8181	8181	complaint if:
8182	8182	(1) action is taken to initiate proceedings for [is
8183	8183	entitled to] a hearing before the advisory board simultaneously
8184	8184	with the temporary suspension; and
8185	8185	(2) a hearing is held as soon as practicable under this
8186	8186	chapter and Chapter 2001, Government Code [department not later
8187	8187	than the 10th day after the effective date of the emergency
8188	8188	suspension].
8189	8189	(c) Notwithstanding Chapter 551, Government Code, the
8190	8190	disciplinary panel may hold a meeting by telephone conference call
8191	8191	if immediate action is required and convening of the panel at one
8192	8192	location is inconvenient for any member of the panel.
8193	8193	SECTION 9.180. Section 604.203, Occupations Code, as
8194	8194	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
8195	8195	2015, is amended to read as follows:
8196	8196	Sec. 604.203. DISCIPLINARY PROCEDURE. The procedure by
8197	8197	which the advisory board [department] takes a disciplinary action
8198	8198	and the procedure by which a disciplinary action is appealed are
8199	8199	governed by:
8200	8200	(1) advisory board [department] rules for a contested
8201	8201	case hearing; and
8202	8202	(2) Chapter 2001, Government Code.
8203	8203	SECTION 9.181. Subchapter E, Chapter 604, Occupations Code,
8204	8204	is amended by adding Sections 604.205 through 604.214 to read as
8205	8205	follows:
8206	8206	Sec. 604.205. DELEGATION OF CERTAIN COMPLAINT
8207	8207	DISPOSITIONS. (a) The advisory board may delegate to a committee
8208	8208	of medical board employees the authority to dismiss or enter into an
8209	8209	agreed settlement of a complaint that does not relate directly to
8210	8210	patient care or that involves only administrative violations. The
8211	8211	disposition determined by the committee must be approved by the
8212	8212	advisory board at a public meeting.
8213	8213	(b) A complaint delegated under this section shall be
8214	8214	referred for an informal proceeding under Section 604.209 if:
8215	8215	(1) the committee of employees determines that the
8216	8216	complaint should not be dismissed or settled;
8217	8217	(2) the committee is unable to reach an agreed
8218	8218	settlement; or
8219	8219	(3) the affected person requests that the complaint be
8220	8220	referred for an informal proceeding.
8221	8221	Sec. 604.206. SUBPOENA. (a) The executive director of the
8222	8222	medical board, the director's designee, or the secretary-treasurer
8223	8223	of the medical board may issue a subpoena or subpoena duces tecum
8224	8224	for the advisory board:
8225	8225	(1) to conduct an investigation or a contested
8226	8226	proceeding related to:
8227	8227	(A) alleged misconduct by a certificate or
8228	8228	temporary permit holder;
8229	8229	(B) an alleged violation of this chapter or other
8230	8230	law related to respiratory care; or
8231	8231	(C) the provision of health care under this
8232	8232	chapter; or
8233	8233	(2) for purposes of determining whether to issue,
8234	8234	suspend, restrict, or revoke a certificate or temporary permit
8235	8235	under this chapter.
8236	8236	(b) Failure to timely comply with a subpoena issued under
8237	8237	this section is a ground for:
8238	8238	(1) disciplinary action by the advisory board or
8239	8239	another licensing or regulatory agency with jurisdiction over the
8240	8240	person subject to the subpoena; and
8241	8241	(2) denial of an application for a certificate or
8242	8242	temporary permit.
8243	8243	Sec. 604.207. PROTECTION OF PATIENT IDENTITY. In a
8244	8244	disciplinary investigation or proceeding conducted under this
8245	8245	chapter, the advisory board shall protect the identity of each
8246	8246	patient whose medical records are examined and used in a public
8247	8247	proceeding unless the patient:
8248	8248	(1) testifies in the public proceeding; or
8249	8249	(2) submits a written release in regard to the
8250	8250	patient's records or identity.
8251	8251	Sec. 604.208. REQUIRED SUSPENSION OF LICENSE OF
8252	8252	INCARCERATED CERTIFICATE OR TEMPORARY PERMIT HOLDER. Regardless of
8253	8253	the offense, the advisory board shall suspend the certificate or
8254	8254	temporary permit of a person serving a prison term in a state or
8255	8255	federal penitentiary during the term of the incarceration.
8256	8256	Sec. 604.209. INFORMAL PROCEEDINGS. (a) The advisory
8257	8257	board by rule shall adopt procedures governing:
8258	8258	(1) informal disposition of a contested case under
8259	8259	Section 2001.056, Government Code; and
8260	8260	(2) informal proceedings held in compliance with
8261	8261	Section 2001.054, Government Code.
8262	8262	(b) Rules adopted under this section must require that:
8263	8263	(1) an informal meeting in compliance with Section
8264	8264	2001.054, Government Code, be scheduled and the advisory board give
8265	8265	notice to the person who is the subject of a complaint of the time
8266	8266	and place of the meeting not later than the 45th day before the date
8267	8267	the meeting is held;
8268	8268	(2) the complainant and the person who is the subject
8269	8269	of the complaint be provided an opportunity to be heard;
8270	8270	(3) at least one of the advisory board members
8271	8271	participating in the informal meeting as a panelist be a member who
8272	8272	represents the public;
8273	8273	(4) a member of the medical board's staff be at the
8274	8274	meeting to present to the advisory board's representative the facts
8275	8275	the staff reasonably believes it could prove by competent evidence
8276	8276	or qualified witnesses at a hearing; and
8277	8277	(5) the advisory board's legal counsel or a
8278	8278	representative of the attorney general be present to advise the
8279	8279	advisory board or the medical board's staff.
8280	8280	(c) The person who is the subject of the complaint is
8281	8281	entitled to:
8282	8282	(1) reply to the staff's presentation; and
8283	8283	(2) present the facts the person reasonably believes
8284	8284	the person could prove by competent evidence or qualified witnesses
8285	8285	at a hearing.
8286	8286	(d) After ample time is given for the presentations, the
8287	8287	advisory board representative shall recommend that the
8288	8288	investigation be closed or shall attempt to mediate the disputed
8289	8289	matters and make a recommendation regarding the disposition of the
8290	8290	case in the absence of a hearing under applicable law concerning
8291	8291	contested cases.
8292	8292	(e) If the person who is the subject of the complaint has
8293	8293	previously been the subject of disciplinary action by the advisory
8294	8294	board, the advisory board shall schedule the informal meeting as
8295	8295	soon as practicable.
8296	8296	Sec. 604.210. ADVISORY BOARD REPRESENTATION IN INFORMAL
8297	8297	PROCEEDINGS. (a) In an informal meeting under Section 604.209, at
8298	8298	least two panelists shall be appointed to determine whether an
8299	8299	informal disposition is appropriate.
8300	8300	(b) Notwithstanding Subsection (a) and Section
8301	8301	604.209(b)(3), an informal proceeding may be conducted by one
8302	8302	panelist if the person who is the subject of the complaint waives
8303	8303	the requirement that at least two panelists conduct the informal
8304	8304	proceeding. If the person waives that requirement, the panelist
8305	8305	may be any member of the advisory board.
8306	8306	(c) Except as provided by Subsection (d), the panel
8307	8307	requirements described by Subsections (a) and (b) apply to an
8308	8308	informal proceeding conducted by the advisory board under Section
8309	8309	604.209, including a proceeding to:
8310	8310	(1) consider a disciplinary case to determine if a
8311	8311	violation has occurred; or
8312	8312	(2) request modification or termination of an order.
8313	8313	(d) The panel requirements described by Subsections (a) and
8314	8314	(b) do not apply to an informal proceeding conducted by the advisory
8315	8315	board under Section 604.209 to show compliance with an order of the
8316	8316	advisory board.
8317	8317	Sec. 604.211. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN
8318	8318	INFORMAL PROCEEDINGS. (a) An advisory board member who serves as a
8319	8319	panelist at an informal meeting under Section 604.209 shall make
8320	8320	recommendations for the disposition of a complaint or
8321	8321	allegation. The member may request the assistance of a medical
8322	8322	board employee at any time.
8323	8323	(b) Medical board employees shall present a summary of the
8324	8324	allegations against the person who is the subject of the complaint
8325	8325	and of the facts pertaining to the allegation that the employees
8326	8326	reasonably believe may be proven by competent evidence at a formal
8327	8327	hearing.
8328	8328	(c) An attorney for the advisory board or medical board
8329	8329	shall act as counsel to the panel and, notwithstanding Subsection
8330	8330	(e), shall be present during the informal meeting and the panel's
8331	8331	deliberations to advise the panel on legal issues that arise during
8332	8332	the proceeding. The attorney may ask questions of a participant in
8333	8333	the informal meeting to clarify any statement made by the
8334	8334	participant. The attorney shall provide to the panel a historical
8335	8335	perspective on comparable cases that have appeared before the
8336	8336	advisory board or medical board, keep the proceedings focused on
8337	8337	the case being discussed, and ensure that the medical board's
8338	8338	employees and the person who is the subject of the complaint have an
8339	8339	opportunity to present information related to the case. During the
8340	8340	panel's deliberations, the attorney may be present only to advise
8341	8341	the panel on legal issues and to provide information on comparable
8342	8342	cases that have appeared before the advisory board or medical
8343	8343	board.
8344	8344	(d) The panel and medical board employees shall provide an
8345	8345	opportunity for the person who is the subject of the complaint and
8346	8346	the person's authorized representative to reply to the medical
8347	8347	board employees' presentation and to present oral and written
8348	8348	statements and facts that the person and representative reasonably
8349	8349	believe could be proven by competent evidence at a formal hearing.
8350	8350	(e) An employee of the medical board who participated in the
8351	8351	presentation of the allegation or information gathered in the
8352	8352	investigation of the complaint, the person who is the subject of the
8353	8353	complaint, the person's authorized representative, the
8354	8354	complainant, the witnesses, and members of the public may not be
8355	8355	present during the deliberations of the panel. Only the members of
8356	8356	the panel and the attorney serving as counsel to the panel may be
8357	8357	present during the deliberations.
8358	8358	(f) The panel shall recommend the dismissal of the complaint
8359	8359	or allegations or, if the panel determines that the person has
8360	8360	violated a statute or advisory board rule, the panel may recommend
8361	8361	advisory board action and terms for an informal settlement of the
8362	8362	case.
8363	8363	(g) The panel's recommendations under Subsection (f) must
8364	8364	be made in a written order and presented to the affected person and
8365	8365	the person's authorized representative. The person may accept the
8366	8366	proposed settlement within the time established by the panel at the
8367	8367	informal meeting. If the person rejects the proposed settlement or
8368	8368	does not act within the required time, the advisory board may
8369	8369	proceed with the filing of a formal complaint with the State Office
8370	8370	of Administrative Hearings.
8371	8371	Sec. 604.212. LIMIT ON ACCESS TO INVESTIGATION FILES. The
8372	8372	advisory board shall prohibit or limit access to an investigation
8373	8373	file relating to a person subject to an informal proceeding in the
8374	8374	manner provided by Sections 164.007(c) and 604.175.
8375	8375	Sec. 604.213. REFUND. (a) Subject to Subsection (b), the
8376	8376	advisory board may order a certificate or temporary permit holder
8377	8377	to pay a refund to a consumer as provided in an agreement resulting
8378	8378	from an informal settlement conference instead of or in addition to
8379	8379	imposing an administrative penalty under Subchapter F.
8380	8380	(b) The amount of a refund ordered as provided in an
8381	8381	agreement resulting from an informal settlement conference may not
8382	8382	exceed the amount the consumer paid to the certificate or temporary
8383	8383	permit holder for a service regulated by this chapter. The
8384	8384	advisory board may not require payment of other damages or estimate
8385	8385	harm in a refund order.
8386	8386	Sec. 604.214. EXPERT IMMUNITY. An expert who assists the
8387	8387	advisory board is immune from suit and judgment and may not be
8388	8388	subjected to a suit for damages for any investigation, report,
8389	8389	recommendation, statement, evaluation, finding, or other action
8390	8390	taken in the course of assisting the advisory board in a
8391	8391	disciplinary proceeding. The attorney general shall represent the
8392	8392	expert in any suit resulting from a service provided by the person
8393	8393	in good faith to the advisory board.
8394	8394	SECTION 9.182. Section 604.301, Occupations Code, is
8395	8395	amended to read as follows:
8396	8396	Sec. 604.301. IMPOSITION OF PENALTY. The advisory board
8397	8397	[department] may impose an administrative penalty on a person who
8398	8398	violates this chapter or a rule adopted under this chapter.
8399	8399	SECTION 9.183. Section 604.303, Occupations Code, is
8400	8400	amended to read as follows:
8401	8401	Sec. 604.303. NOTICE OF VIOLATION AND PENALTY. If, after
8402	8402	investigation of a possible violation and the facts surrounding the
8403	8403	possible violation, the advisory board [department] determines
8404	8404	that a violation occurred, the advisory board [department] shall
8405	8405	give written notice of the violation to the person alleged to have
8406	8406	committed the violation. The notice must:
8407	8407	(1) include a brief summary of the alleged violation;
8408	8408	(2) state the amount of the proposed administrative
8409	8409	penalty based on the factors set forth in Section 604.302(b); and
8410	8410	(3) inform the person of the person's right to a
8411	8411	hearing on the occurrence of the violation, the amount of the
8412	8412	penalty, or both.
8413	8413	SECTION 9.184. Section 604.304, Occupations Code, as
8414	8414	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
8415	8415	2015, is amended to read as follows:
8416	8416	Sec. 604.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
8417	8417	Not later than the 20th day after the date the person receives the
8418	8418	notice under Section 604.303, the person may:
8419	8419	(1) accept the advisory board's [department's]
8420	8420	determination and proposed administrative penalty; or
8421	8421	(2) make a written request for a hearing on that
8422	8422	determination.
8423	8423	(b) If the person accepts the [department's] determination,
8424	8424	the advisory board [department] by order shall approve the
8425	8425	determination and assess the proposed penalty.
8426	8426	SECTION 9.185. Section 604.305, Occupations Code, as
8427	8427	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
8428	8428	2015, is amended to read as follows:
8429	8429	Sec. 604.305. HEARING. (a) If the person requests a
8430	8430	hearing in a timely manner, the advisory board [department] shall:
8431	8431	(1) set a hearing; and
8432	8432	(2) give written notice of the hearing to the person.
8433	8433	(b) The hearings examiner shall:
8434	8434	(1) make findings of fact and conclusions of law; and
8435	8435	(2) promptly issue to the advisory board [department]
8436	8436	a proposal for decision as to the occurrence of the violation and
8437	8437	the amount of any proposed administrative penalty.
8438	8438	SECTION 9.186. Section 604.306, Occupations Code, as
8439	8439	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
8440	8440	2015, is amended to read as follows:
8441	8441	Sec. 604.306. DECISION BY ADVISORY BOARD [DEPARTMENT]. (a)
8442	8442	Based on the findings of fact, conclusions of law, and proposal for
8443	8443	decision, the advisory board [department] by order may determine
8444	8444	that:
8445	8445	(1) a violation occurred and impose an administrative
8446	8446	penalty; or
8447	8447	(2) a violation did not occur.
8448	8448	(b) The advisory board [department] shall give notice of the
8449	8449	order to the person. The notice must include:
8450	8450	(1) separate statements of the findings of fact and
8451	8451	conclusions of law;
8452	8452	(2) the amount of any penalty imposed; and
8453	8453	(3) a statement of the person's right to judicial
8454	8454	review of the order.
8455	8455	SECTION 9.187. Sections 604.307(b) and (c), Occupations
8456	8456	Code, are amended to read as follows:
8457	8457	(b) Within the 30-day period, a person who acts under
8458	8458	Subsection (a)(3) may:
8459	8459	(1) stay enforcement of the penalty by:
8460	8460	(A) paying the penalty to the court for placement
8461	8461	in an escrow account; or
8462	8462	(B) giving to the court a supersedeas bond
8463	8463	approved by the court that:
8464	8464	(i) is for the amount of the penalty; and
8465	8465	(ii) is effective until judicial review of
8466	8466	the order is final; or
8467	8467	(2) request the court to stay enforcement of the
8468	8468	penalty by:
8469	8469	(A) filing with the court a sworn affidavit of
8470	8470	the person stating that the person is financially unable to pay the
8471	8471	penalty and is financially unable to give the supersedeas bond; and
8472	8472	(B) giving a copy of the affidavit to the
8473	8473	advisory board [department] by certified mail.
8474	8474	(c) If the advisory board [department] receives a copy of an
8475	8475	affidavit under Subsection (b)(2), the advisory board [department]
8476	8476	may file with the court a contest to the affidavit not later than
8477	8477	the fifth day after the date the copy is received.
8478	8478	SECTION 9.188. Section 604.308, Occupations Code, is
8479	8479	amended to read as follows:
8480	8480	Sec. 604.308. COLLECTION OF PENALTY. If the person does not
8481	8481	pay the penalty and enforcement of the penalty is not stayed, the
8482	8482	advisory board [department] may refer the matter to the attorney
8483	8483	general for collection of the penalty.
8484	8484	SECTION 9.189. Section 604.311, Occupations Code, as
8485	8485	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
8486	8486	2015, is amended to read as follows:
8487	8487	Sec. 604.311. ADMINISTRATIVE PENALTY EXPENSES AND COSTS.
8488	8488	(a) In this section, "reasonable expenses and costs" includes
8489	8489	expenses incurred by the advisory board [department] or the
8490	8490	attorney general in the investigation, initiation, or prosecution
8491	8491	of an action, including reasonable investigative costs, court
8492	8492	costs, attorney's fees, witness fees, and deposition expenses.
8493	8493	(b) The advisory board [department] may assess reasonable
8494	8494	expenses and costs against a person in an administrative hearing
8495	8495	if, as a result of the hearing, an administrative penalty is
8496	8496	assessed against the person. The person shall pay expenses and
8497	8497	costs assessed under this subsection not later than the 30th day
8498	8498	after the date the order of the advisory board [department]
8499	8499	requiring the payment of expenses and costs is final. The advisory
8500	8500	board [department] may refer the matter to the attorney general for
8501	8501	collection of the expenses and costs.
8502	8502	(c) If the attorney general brings an action against a
8503	8503	person to enforce an administrative penalty assessed under this
8504	8504	subchapter and the person is found liable for an administrative
8505	8505	penalty, the attorney general may recover, on behalf of the
8506	8506	attorney general and the advisory board [department], reasonable
8507	8507	expenses and costs.
8508	8508	SECTION 9.190. The heading to Subchapter G, Chapter 604,
8509	8509	Occupations Code, is amended to read as follows:
8510	8510	SUBCHAPTER G. CRIMINAL PENALTIES AND ENFORCEMENT PROVISIONS
8511	8511	SECTION 9.191. Section 604.352(a), Occupations Code, is
8512	8512	amended to read as follows:
8513	8513	(a) A person commits an offense if the person knowingly:
8514	8514	(1) sells, fraudulently obtains, or furnishes a
8515	8515	respiratory care diploma, certificate, temporary permit, or
8516	8516	record;
8517	8517	(2) practices respiratory care under a respiratory
8518	8518	care diploma, certificate, temporary permit, or record illegally or
8519	8519	fraudulently obtained or issued;
8520	8520	(3) impersonates in any manner a respiratory care
8521	8521	practitioner;
8522	8522	(4) practices respiratory care while the person's
8523	8523	certificate or temporary permit is suspended, revoked, or expired;
8524	8524	(5) conducts a formal respiratory care education
8525	8525	program to prepare respiratory care personnel other than a program
8526	8526	approved by the advisory board [department];
8527	8527	(6) employs a person as a respiratory care
8528	8528	practitioner who does not hold a certificate or temporary permit in
8529	8529	the practice of respiratory care; or
8530	8530	(7) otherwise practices medicine in violation of
8531	8531	Section 604.002.
8532	8532	SECTION 9.192. The following provisions of the Occupations
8533	8533	Code are repealed:
8534	8534	(1) Sections 601.002(2) and (5);
8535	8535	(2) Section 601.051;
8536	8536	(3) Section 601.053;
8537	8537	(4) Section 601.103;
8538	8538	(5) Sections 602.002(1-a) and (2);
8539	8539	(6) Sections 602.052(b) and (c);
8540	8540	(7) Sections 602.053(a), (b), and (c);
8541	8541	(8) Section 602.056(c);
8542	8542	(9) Section 602.059;
8543	8543	(10) Subchapter C, Chapter 602;
8544	8544	(11) Sections 602.1525(b), (c), (d), (e), (f), and
8545	8545	(g);
8546	8546	(12) Section 602.155;
8547	8547	(13) Section 602.204;
8548	8548	(14) Sections 603.002(1) and (4);
8549	8549	(15) Section 603.005;
8550	8550	(16) Section 603.054(c);
8551	8551	(17) Section 603.058;
8552	8552	(18) Subchapter C, Chapter 603;
8553	8553	(19) Section 603.154(b);
8554	8554	(20) Section 603.158;
8555	8555	(21) Section 603.159;
8556	8556	(22) Sections 603.2041(b), (c), (d), (f), and (g);
8557	8557	(23) Section 604.051;
8558	8558	(24) Sections 604.052(b) and (c); and
8559	8559	(25) Section 604.056.
8560	8560	SECTION 9.193. Sections 601.1031, 601.1111, 602.2081,
8561	8561	602.2101, 603.2571, 603.3031, 604.1031, and 604.1523, Occupations
8562	8562	Code, as added by this article, apply only to an application for the
8563	8563	issuance or renewal of a license, certificate, or permit filed
8564	8564	under Chapter 601, 602, 603, or 604, Occupations Code, on or after
8565	8565	January 1, 2016. An application filed before that date is governed
8566	8566	by the law in effect at the time the application was filed, and the
8567	8567	former law is continued in effect for that purpose.
8568	8568	SECTION 9.194. (a) A rule or fee of the Department of State
8569	8569	Health Services that relates to a program transferred under this
8570	8570	article and that is in effect on the effective date of this Act
8571	8571	remains in effect until changed by the Texas Medical Board, the
8572	8572	Texas Board of Medical Radiologic Technology, or the Texas Board of
8573	8573	Respiratory Care, as appropriate.
8574	8574	(b) A license, certificate, or permit issued by the
8575	8575	Department of State Health Services for a program transferred under
8576	8576	this article is continued in effect as a license, certificate, or
8577	8577	permit of the Texas Medical Board, the Texas Board of Medical
8578	8578	Radiologic Technology, or the Texas Board of Respiratory Care, as
8579	8579	appropriate, after the effective date of this Act.
8580	8580	(c) A complaint, investigation, contested case, or other
8581	8581	proceeding before the Department of State Health Services relating
8582	8582	to a program transferred under this article that is pending on the
8583	8583	effective date of this Act is transferred without change in status
8584	8584	to the Texas Medical Board, the Texas Board of Medical Radiologic
8585	8585	Technology, or the Texas Board of Respiratory Care, as appropriate.
8586	8586	SECTION 9.195. (a) As soon as practicable after the
8587	8587	effective date of this Act, the Department of State Health Services
8588	8588	and the Texas Medical Board shall adopt a transition plan to provide
8589	8589	for the orderly transfer of powers, duties, functions, programs,
8590	8590	and activities under this article. The transition plan must
8591	8591	provide for the transfer to be completed as soon as practicable
8592	8592	after the effective date of this Act.
8593	8593	(b) The Department of State Health Services shall provide
8594	8594	the Texas Medical Board with access to any systems or information
8595	8595	necessary for the Texas Medical Board to accept a program
8596	8596	transferred under this article.
8597	8597	(c) On the effective date of this Act, the Texas Board of
8598	8598	Licensure for Professional Medical Physicists and the Texas State
8599	8599	Perfusionist Advisory Committee are abolished and the governor and
8600	8600	the president of the Texas Medical Board, as appropriate, shall, as
8601	8601	soon as practicable after the effective date of this Act, appoint
8602	8602	the members of the Texas Board of Medical Radiologic Technology,
8603	8603	the Medical Physicist Licensure Advisory Committee, the
8604	8604	Perfusionist Licensure Advisory Committee, and the Texas Board of
8605	8605	Respiratory Care.
8606	8606	ARTICLE 10. DEREGULATION OF CERTAIN ACTIVITIES AND OCCUPATIONS
8607	8607	SECTION 10.001. Section 2165.303(b), Government Code, is
8608	8608	amended to read as follows:
8609	8609	(b) The commission shall report the findings and test
8610	8610	results obtained under a contract for air monitoring under this
8611	8611	section to the office [and the department] in a form and manner
8612	8612	prescribed by the office [and the department] for that purpose.
8613	8613	SECTION 10.002. Section 2165.305(c), Government Code, is
8614	8614	amended to read as follows:
8615	8615	(c) In developing a seminar required by this section, the
8616	8616	office shall receive assistance from:
8617	8617	(1) the commission; and
8618	8618	(2) [the department; and
8619	8619	[(3)] an entity that specializes in research and
8620	8620	technical assistance related to indoor air quality but does not
8621	8621	receive appropriations from the state.
8622	8622	SECTION 10.003. The heading to Subtitle G, Title 2, Health
8623	8623	and Safety Code, is amended to read as follows:
8624	8624	SUBTITLE G. LICENSES AND OTHER REGULATION
8625	8625	SECTION 10.004. The heading to Subchapter C, Chapter 144,
8626	8626	Health and Safety Code, is amended to read as follows:
8627	8627	SUBCHAPTER C. OPERATING PROCEDURES [FOR ALL LICENSE HOLDERS]
8628	8628	SECTION 10.005. Section 144.021, Health and Safety Code, as
8629	8629	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
8630	8630	2015, is amended to read as follows:
8631	8631	Sec. 144.021. GENERAL REQUIREMENTS FOR RENDERING
8632	8632	OPERATIONS [OPERATING LICENSES]. [(a)] Each rendering
8633	8633	establishment, related station, transfer station, dead animal
8634	8634	hauler, or renderable raw material hauler [applicant for or holder
8635	8635	of an operating license] shall adopt operating procedures that:
8636	8636	(1) provide for the sanitary performance of rendering
8637	8637	operations and processes;
8638	8638	(2) prevent the spread of infectious or noxious
8639	8639	materials; and
8640	8640	(3) ensure that finished products are free from
8641	8641	disease-producing organisms.
8642	8642	[(b) As a condition of licensure, the department, in
8643	8643	accordance with department rules, may prescribe other reasonable
8644	8644	and appropriate construction, operational, maintenance, and
8645	8645	inspection requirements to ensure compliance with this chapter and
8646	8646	other applicable rules.]
8647	8647	SECTION 10.006. Section 144.022, Health and Safety Code, as
8648	8648	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
8649	8649	2015, is amended to read as follows:
8650	8650	Sec. 144.022. RECORDS. (a) Each [licensed] rendering
8651	8651	establishment, related station, or dead animal hauler shall have a
8652	8652	dead animal log that meets the requirements prescribed by
8653	8653	department rule. The name of the [licensed] rendering
8654	8654	establishment, related station, or dead animal hauler must be on
8655	8655	the front of the log.
8656	8656	(b) A rendering establishment, related station, or dead
8657	8657	animal hauler that [When a license holder] receives a dead animal [,
8658	8658	the license holder] shall enter the following information in the
8659	8659	log:
8660	8660	(1) the date and time of the pickup of the dead animal;
8661	8661	(2) the name of the driver of the collection vehicle;
8662	8662	(3) a description of the dead animal;
8663	8663	(4) the location of the dead animal, including the
8664	8664	county; and
8665	8665	(5) the owner of the dead animal, if known.
8666	8666	(c) The rendering establishment, related station, or dead
8667	8667	animal hauler [license holder] shall also keep a record in the log,
8668	8668	or in an appendix to the log, of the general route followed in
8669	8669	making the collection.
8670	8670	(d) The log is subject to inspection at all reasonable times
8671	8671	by the department or a person with written authorization from the
8672	8672	department. [Repeated or wilful failure or refusal to produce the
8673	8673	log for inspection or to permit inspection by persons properly
8674	8674	authorized to inspect the log constitutes grounds for license
8675	8675	revocation.]
8676	8676	(e) This section does not apply to a [licensed] renderable
8677	8677	raw material hauler.
8678	8678	SECTION 10.007. The heading to Section 144.023, Health and
8679	8679	Safety Code, is amended to read as follows:
8680	8680	Sec. 144.023. VEHICLES[; PERMIT REQUIRED].
8681	8681	SECTION 10.008. Section 144.023(c), Health and Safety Code,
8682	8682	is amended to read as follows:
8683	8683	(c) A truck bed used to transport dead animals or renderable
8684	8684	raw materials shall be thoroughly washed and sanitized before use
8685	8685	for the transport of finished rendered products. A truck bed used to
8686	8686	transport dead animals or renderable raw materials to a rendering
8687	8687	establishment, or to transfer finished rendered products from an
8688	8688	establishment, shall, before being used to transport any product
8689	8689	intended for human consumption, be thoroughly sanitized with a
8690	8690	bactericidal agent that is [determined by the department to be]
8691	8691	safe for use in a rendering establishment. A truck bed may not be
8692	8692	used to transport dead animals or renderable raw materials at the
8693	8693	same time the truck bed or any part of the truck bed is used to
8694	8694	transport any product intended for human consumption,
8695	8695	notwithstanding the manner in which part of the truck bed is sealed
8696	8696	or separated from the remainder of the bed.
8697	8697	SECTION 10.009. Section 144.027(c), Health and Safety Code,
8698	8698	is amended to read as follows:
8699	8699	(c) A drinking water supply [approved by the department]
8700	8700	shall be provided at convenient locations in the establishment for
8701	8701	the use of employees.
8702	8702	SECTION 10.010. Section 144.078(a), Health and Safety Code,
8703	8703	is amended to read as follows:
8704	8704	(a) The [On request of the department, the] attorney general
8705	8705	may bring an action in any district court of this state that has
8706	8706	jurisdiction and venue for an injunction to compel compliance with
8707	8707	this chapter or to restrain any actual or threatened violation of
8708	8708	this chapter.
8709	8709	SECTION 10.011. Section 144.079(c), Health and Safety Code,
8710	8710	is amended to read as follows:
8711	8711	(c) A renderer, hauler, or any other person may not[:
8712	8712	[(1) take possession of recyclable cooking oil from an
8713	8713	unlicensed hauler or an employee or contractor of an unlicensed
8714	8714	hauler; or
8715	8715	[(2)] knowingly take possession of stolen recyclable
8716	8716	cooking oil.
8717	8717	SECTION 10.012. Sections 145.006(a) and (b), Health and
8718	8718	Safety Code, as amended by S.B. 219, Acts of the 84th Legislature,
8719	8719	Regular Session, 2015, are amended to read as follows:
8720	8720	(a) A tanning facility shall post a warning sign in a
8721	8721	conspicuous location where it is readily visible by persons
8722	8722	entering the establishment. [The executive commissioner by rule
8723	8723	shall specify the size, design, and graphic design of the sign.]
8724	8724	The sign must have dimensions of at least 11 inches by 17 inches and
8725	8725	must contain the following wording:
8726	8726	Repeated exposure to ultraviolet radiation may cause chronic
8727	8727	sun damage characterized by wrinkling, dryness, fragility,
8728	8728	bruising of the skin, and skin cancer.
8729	8729	DANGER: ULTRAVIOLET RADIATION
8730	8730	Failure to use protective eyewear may result in severe burns
8731	8731	or permanent injury to the eyes.
8732	8732	Medications or cosmetics may increase your sensitivity to
8733	8733	ultraviolet radiation. Consult a physician before using a sunlamp
8734	8734	if you are using medications, have a history of skin problems, or
8735	8735	believe you are especially sensitive to sunlight. Pregnant women
8736	8736	or women taking oral contraceptives who use this product may
8737	8737	develop discolored skin.
8738	8738	[A customer may call the Department of State Health Services
8739	8739	at (insert toll-free telephone number) to report an alleged injury
8740	8740	regarding this tanning facility.]
8741	8741	IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM USE OF AN
8742	8742	ULTRAVIOLET LAMP OR SUNLAMP.
8743	8743	(b) A tanning facility operator shall also post a warning
8744	8744	sign at each tanning device in a conspicuous location that is
8745	8745	readily visible to a person about to use the device. [The executive
8746	8746	commissioner by rule shall specify the size, design, and graphic
8747	8747	design of the sign.] The sign must have dimensions of at least 11
8748	8748	inches by 17 inches and must contain the following wording:
8749	8749	DANGER: ULTRAVIOLET RADIATION
8750	8750	1. Follow the manufacturer's instructions for use of this
8751	8751	device.
8752	8752	2. Avoid too frequent or lengthy exposure. As with natural
8753	8753	sunlight, exposure can cause serious eye and skin injuries and
8754	8754	allergic reactions. Repeated exposure may cause skin cancer.
8755	8755	3. Wear protective eyewear. Failure to use protective
8756	8756	eyewear may result in severe burns or permanent damage to the eyes.
8757	8757	4. Do not sunbathe before or after exposure to ultraviolet
8758	8758	radiation from sunlamps.
8759	8759	5. Medications or cosmetics may increase your sensitivity
8760	8760	to ultraviolet radiation. Consult a physician before using a
8761	8761	sunlamp if you are using medication, have a history of skin
8762	8762	problems, or believe you are especially sensitive to sunlight.
8763	8763	Pregnant women or women using oral contraceptives who use this
8764	8764	product may develop discolored skin.
8765	8765	[A customer may call the Department of State Health Services
8766	8766	at (insert toll-free telephone number) to report an alleged injury
8767	8767	regarding this tanning device.]
8768	8768	IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM USE OF
8769	8769	THIS DEVICE.
8770	8770	SECTION 10.013. Sections 145.008(i) and (j), Health and
8771	8771	Safety Code, as amended by S.B. 219, Acts of the 84th Legislature,
8772	8772	Regular Session, 2015, are amended to read as follows:
8773	8773	(i) A record of each customer using a tanning device shall
8774	8774	be maintained at the tanning facility at least until the third
8775	8775	anniversary of the date of the customer's last use of a tanning
8776	8776	device. [The executive commissioner by rule shall prescribe the
8777	8777	form and content of the records.] The record shall include:
8778	8778	(1) the date and time of the customer's use of a
8779	8779	tanning device;
8780	8780	(2) the length of time the tanning device was used;
8781	8781	(3) any injury or illness resulting from the use of a
8782	8782	tanning device;
8783	8783	(4) any written informed consent statement required to
8784	8784	be signed under Subsection (e);
8785	8785	(5) the customer's skin type, as determined by the
8786	8786	customer by using the Fitzpatrick scale for classifying a skin
8787	8787	type;
8788	8788	(6) whether the customer has a family history of skin
8789	8789	cancer; and
8790	8790	(7) whether the customer has a past medical history of
8791	8791	skin cancer.
8792	8792	(j) An operator shall keep an incident log at each tanning
8793	8793	facility. The log shall be maintained at the tanning facility at
8794	8794	least until the third anniversary of the date of an incident. [The
8795	8795	executive commissioner by rule shall prescribe the form and content
8796	8796	of the log.] The log shall include each:
8797	8797	(1) alleged injury;
8798	8798	(2) use of a tanning device by a customer not wearing
8799	8799	protective eyewear;
8800	8800	(3) mechanical problem with a tanning device; and
8801	8801	(4) customer complaint.
8802	8802	SECTION 10.014. Section 145.0096, Health and Safety Code,
8803	8803	is amended by amending Subsections (a) and (b) and adding
8804	8804	Subsection (a-1) to read as follows:
8805	8805	(a) This section applies only to a business that:
8806	8806	(1) is operated under a license or permit as a sexually
8807	8807	oriented business issued in accordance with Section 243.007, Local
8808	8808	Government Code; or
8809	8809	(2) offers, as its primary business, a service or the
8810	8810	sale, rental, or exhibition of a device or other item that is
8811	8811	intended to provide sexual stimulation or sexual gratification to a
8812	8812	customer.
8813	8813	(a-1) A business to which this section applies [described by
8814	8814	Section 145.0095(a)(1) or (2)] may not use the word "tan" or
8815	8815	"tanning" in a sign or any other form of advertising.
8816	8816	(b) A person commits an offense if the person violates
8817	8817	Subsection (a-1) [(a)]. Except as provided by Subsection (c), an
8818	8818	offense under this subsection is a Class C misdemeanor.
8819	8819	SECTION 10.015. The heading to Section 145.011, Health and
8820	8820	Safety Code, is amended to read as follows:
8821	8821	Sec. 145.011. ACCESS TO RECORDS [RULES; INSPECTION].
8822	8822	SECTION 10.016. Section 145.011(c), Health and Safety Code,
8823	8823	is amended to read as follows:
8824	8824	(c) A person who is required to maintain records under this
8825	8825	chapter or a person in charge of the custody of those records shall,
8826	8826	at the request of a [an authorized agent or] health authority,
8827	8827	permit the [authorized agent or] health authority access to copy or
8828	8828	verify the records at reasonable times.
8829	8829	SECTION 10.017. Sections 145.0121(a) and (f), Health and
8830	8830	Safety Code, as amended by S.B. 219, Acts of the 84th Legislature,
8831	8831	Regular Session, 2015, are amended to read as follows:
8832	8832	(a) If it appears that a person has violated or is violating
8833	8833	this chapter [or an order issued or a rule adopted under this
8834	8834	chapter], [the department may request] the attorney general, or the
8835	8835	district, [or] county, [attorney] or [the] municipal attorney [of a
8836	8836	municipality] in the jurisdiction where the violation is alleged to
8837	8837	have occurred or may occur, may [to] institute a civil suit for:
8838	8838	(1) an order enjoining the violation;
8839	8839	(2) a permanent or temporary injunction, a temporary
8840	8840	restraining order, or other appropriate remedy [if the department
8841	8841	shows that the person has engaged in or is engaging in a violation];
8842	8842	(3) the assessment and recovery of a civil penalty; or
8843	8843	(4) both injunctive relief and a civil penalty.
8844	8844	(f) The [department or the] attorney general may [each]
8845	8845	recover reasonable expenses incurred in obtaining injunctive
8846	8846	relief or a civil penalty under this section, including
8847	8847	investigation and court costs, reasonable attorney's fees, witness
8848	8848	fees, and other expenses. [The expenses recovered by the
8849	8849	department under this section shall be used for the administration
8850	8850	and enforcement of this chapter.] The expenses recovered by the
8851	8851	attorney general shall be used by the attorney general.
8852	8852	SECTION 10.018. Section 145.016(b), Health and Safety Code,
8853	8853	is amended to read as follows:
8854	8854	(b) An operator or other person may disclose a customer
8855	8855	record:
8856	8856	(1) if the customer, or a person authorized to act on
8857	8857	behalf of the customer, requests the record;
8858	8858	(2) if a [the commissioner or an authorized agent or]
8859	8859	health authority requests the record under Section 145.011;
8860	8860	(3) if the customer consents in writing to the
8861	8861	disclosure to another person;
8862	8862	(4) in a criminal proceeding in which the customer is a
8863	8863	victim, witness, or defendant;
8864	8864	(5) if the record is requested in a criminal or civil
8865	8865	proceeding by court order or subpoena; or
8866	8866	(6) as otherwise required by law.
8867	8867	SECTION 10.019. Section 437.0057(a), Health and Safety
8868	8868	Code, is amended to read as follows:
8869	8869	(a) A county, a public health district, or the department
8870	8870	may require a food handler be certified through a food handler
8871	8871	program that is accredited by the American National Standards
8872	8872	Institute, if the [certification under Subchapter D, Chapter 438,
8873	8873	for each] food handler [who] is employed by a food service
8874	8874	establishment in which food is prepared on-site for sale to the
8875	8875	public and which holds a permit issued by the county, the public
8876	8876	health district, or the department. This section applies without
8877	8877	regard to whether the food service establishment is at a fixed
8878	8878	location or is a mobile food unit.
8879	8879	SECTION 10.020. Section 437.0195(a), Health and Safety
8880	8880	Code, is amended to read as follows:
8881	8881	(a) An individual who operates a cottage food production
8882	8882	operation must have successfully completed a basic food safety
8883	8883	education or training program for food handlers accredited by the
8884	8884	American National Standards Institute and the Conference for Food
8885	8885	Protection [under Subchapter D, Chapter 438].
8886	8886	SECTION 10.021. The heading to Section 438.041, Health and
8887	8887	Safety Code, is amended to read as follows:
8888	8888	Sec. 438.041. DEFINITIONS [DEFINITION].
8889	8889	SECTION 10.022. Section 438.041, Health and Safety Code, is
8890	8890	amended by adding Subdivision (3) to read as follows:
8891	8891	(3) "Food manager" means an individual who manages or
8892	8892	operates a food establishment.
8893	8893	SECTION 10.023. Section 438.042, Health and Safety Code, as
8894	8894	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
8895	8895	2015, is amended to read as follows:
8896	8896	Sec. 438.042. DUTIES OF EXECUTIVE COMMISSIONER. (a) The
8897	8897	executive commissioner shall adopt standards and procedures for the
8898	8898	accreditation of education and training programs for food managers
8899	8899	[persons employed in the food service industry].
8900	8900	(b) The executive commissioner shall adopt standards and
8901	8901	procedures for the accreditation of education and training programs
8902	8902	for recertification of food managers [persons employed in the food
8903	8903	service industry] who have previously completed a program
8904	8904	accredited in accordance with this subchapter or have been
8905	8905	certified by a local health jurisdiction and have completed
8906	8906	training and testing requirements substantially similar to those
8907	8907	required by this subchapter for program accreditation. The
8908	8908	requirements for accreditation in Section 438.043 need not be met
8909	8909	by an education or training program for recertification.
8910	8910	SECTION 10.024. Sections 438.046(b) and (c), Health and
8911	8911	Safety Code, are amended to read as follows:
8912	8912	(b) A local health jurisdiction that requires training for a
8913	8913	food service worker shall accept as sufficient to meet the
8914	8914	jurisdiction's training and testing requirements a food manager
8915	8915	training course that is accredited by the department or a food
8916	8916	handler training course that is accredited by the American National
8917	8917	Standards Institute [and listed with the registry]. A food service
8918	8918	worker trained in a course for the employees of a single entity is
8919	8919	considered to have met a local health jurisdiction's training and
8920	8920	testing requirements only as to food service performed for that
8921	8921	entity.
8922	8922	(c) Any fee charged by a local health jurisdiction for a
8923	8923	certificate issued to a food service worker trained by an
8924	8924	accredited course as provided by Subsection (b) [listed in the
8925	8925	registry] may not exceed the lesser of:
8926	8926	(1) the reasonable cost incurred by the jurisdiction
8927	8927	in issuing the certificate; or
8928	8928	(2) the fee charged by the jurisdiction to issue a
8929	8929	certificate to a food service worker certified by the jurisdiction
8930	8930	as having met the training and testing requirements by any other
8931	8931	means.
8932	8932	SECTION 10.025. Section 1001.071(b), Health and Safety
8933	8933	Code, as redesignated by S.B. 219, Acts of the 84th Legislature,
8934	8934	Regular Session, 2015, is amended to read as follows:
8935	8935	(b) The department is responsible for administering human
8936	8936	services programs regarding the public health, including:
8937	8937	(1) implementing the state's public health care
8938	8938	delivery programs under the authority of the department;
8939	8939	(2) administering state health facilities, hospitals,
8940	8940	and health care systems;
8941	8941	(3) developing and providing health care services, as
8942	8942	directed by law;
8943	8943	(4) providing for the prevention and control of
8944	8944	communicable diseases;
8945	8945	(5) providing public education on health-related
8946	8946	matters, as directed by law;
8947	8947	(6) compiling and reporting health-related
8948	8948	information, as directed by law;
8949	8949	(7) acting as the lead agency for implementation of
8950	8950	state policies regarding the human immunodeficiency virus and
8951	8951	acquired immunodeficiency syndrome and administering programs
8952	8952	related to the human immunodeficiency virus and acquired
8953	8953	immunodeficiency syndrome;
8954	8954	(8) investigating the causes of injuries and methods
8955	8955	of prevention;
8956	8956	(9) administering a grant program to provide
8957	8957	appropriated money to counties, municipalities, public health
8958	8958	districts, and other political subdivisions for their use to
8959	8959	provide or pay for essential public health services;
8960	8960	(10) administering the registration of vital
8961	8961	statistics;
8962	8962	(11) licensing, inspecting, and enforcing regulations
8963	8963	regarding health facilities, other than long-term care facilities
8964	8964	regulated by the Department of Aging and Disability Services;
8965	8965	(12) implementing established standards and
8966	8966	procedures for the management and control of sanitation and for
8967	8967	health protection measures;
8968	8968	(13) enforcing regulations regarding radioactive
8969	8969	materials;
8970	8970	(14) enforcing regulations regarding food, [bottled
8971	8971	and vended drinking water,] drugs, cosmetics, and health devices;
8972	8972	(15) enforcing regulations regarding food service
8973	8973	establishments, retail food stores, mobile food units, and roadside
8974	8974	food vendors;
8975	8975	(16) enforcing regulations controlling hazardous
8976	8976	substances in households and workplaces; and
8977	8977	(17) implementing a mental health program for
8978	8978	veterans.
8979	8979	SECTION 10.026. Section 32.074(a), Human Resources Code, is
8980	8980	amended to read as follows:
8981	8981	(a) In this section, "personal emergency response system"
8982	8982	has the meaning assigned by Section 1702.331, Occupations [781.001,
8983	8983	Health and Safety] Code.
8984	8984	SECTION 10.027. Section 843.002(24), Insurance Code, is
8985	8985	amended to read as follows:
8986	8986	(24) "Provider" means:
8987	8987	(A) a person, other than a physician, who is
8988	8988	licensed or otherwise authorized to provide a health care service
8989	8989	in this state, including:
8990	8990	(i) a chiropractor, registered nurse,
8991	8991	pharmacist, optometrist, [registered optician,] or acupuncturist;
8992	8992	or
8993	8993	(ii) a pharmacy, hospital, or other
8994	8994	institution or organization;
8995	8995	(B) a person who is wholly owned or controlled by
8996	8996	a provider or by a group of providers who are licensed or otherwise
8997	8997	authorized to provide the same health care service; or
8998	8998	(C) a person who is wholly owned or controlled by
8999	8999	one or more hospitals and physicians, including a
9000	9000	physician-hospital organization.
9001	9001	SECTION 10.028. Sections 351.005(a) and (d), Occupations
9002	9002	Code, are amended to read as follows:
9003	9003	(a) This chapter does not:
9004	9004	(1) apply to an officer or agent of the United States
9005	9005	or this state in performing official duties;
9006	9006	(2) prevent or interfere with the right of a physician
9007	9007	licensed by the Texas [State Board of] Medical Board [Examiners]
9008	9008	to:
9009	9009	(A) treat or prescribe for a patient; or
9010	9010	(B) direct or instruct a person under the
9011	9011	physician's control, supervision, or direction to aid or attend to
9012	9012	the needs of a patient according to the physician's specific
9013	9013	direction, instruction, or prescription;
9014	9014	(3) prevent a person from selling ready-to-wear
9015	9015	eyeglasses as merchandise at retail;
9016	9016	(4) prevent an unlicensed person from making simple
9017	9017	repairs to eyeglasses;
9018	9018	(5) [prevent or interfere with the right of a
9019	9019	dispensing optician registered under Chapter 352 to engage in
9020	9020	spectacle or contact lens dispensing under that chapter;
9021	9021	[(6)] prevent an ophthalmic dispenser who does not
9022	9022	practice optometry or therapeutic optometry from measuring
9023	9023	interpupillary distances or making facial measurements to dispense
9024	9024	or adapt an ophthalmic prescription, lens, product, or accessory in
9025	9025	accordance with the specific directions of a written prescription
9026	9026	signed by an optometrist, therapeutic optometrist, or licensed
9027	9027	physician;
9028	9028	(6) [(7)] prevent the administrator or executor of the
9029	9029	estate of a deceased optometrist or therapeutic optometrist from
9030	9030	employing an optometrist or therapeutic optometrist to continue the
9031	9031	practice of the deceased during estate administration; or
9032	9032	(7) [(8)] prevent an optometrist or therapeutic
9033	9033	optometrist from working for the administrator or executor of the
9034	9034	estate of a deceased optometrist or therapeutic optometrist to
9035	9035	continue the practice of the deceased during estate administration.
9036	9036	(d) Continuation of the practice of a deceased optometrist
9037	9037	or therapeutic optometrist by an estate under Subsections (a)(6)
9038	9038	and (7) [(a)(7) and (8)] must:
9039	9039	(1) be authorized by the county judge; and
9040	9040	(2) terminate before the first anniversary of the date
9041	9041	of death of the optometrist or therapeutic optometrist.
9042	9042	SECTION 10.029. Section 353.004, Occupations Code, as
9043	9043	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
9044	9044	2015, is amended to read as follows:
9045	9045	Sec. 353.004. PUBLIC INFORMATION ON PRESCRIPTION RELEASE.
9046	9046	[(a)] The [department and the] Texas Optometry Board shall prepare
9047	9047	and provide to the public and appropriate state agencies
9048	9048	information regarding the release and verification of contact lens
9049	9049	prescriptions.
9050	9050	[(b) The executive commissioner may adopt rules necessary
9051	9051	to implement this section.]
9052	9052	SECTION 10.030. Section 353.1015(b), Occupations Code, is
9053	9053	amended to read as follows:
9054	9054	(b) A prescription is considered verified under this
9055	9055	section if:
9056	9056	(1) the prescribing physician, optometrist, or
9057	9057	therapeutic optometrist by a direct communication confirms that the
9058	9058	prescription is accurate;
9059	9059	(2) the prescribing physician, optometrist, or
9060	9060	therapeutic optometrist informs the person dispensing the contact
9061	9061	lenses that the prescription is inaccurate and provides the correct
9062	9062	prescription information; or
9063	9063	(3) the prescribing physician, optometrist, or
9064	9064	therapeutic optometrist fails to communicate with the person
9065	9065	dispensing the contact lenses not later than the eighth business
9066	9066	hour after the prescribing physician, optometrist, or therapeutic
9067	9067	optometrist receives from the person dispensing the contact lenses
9068	9068	the request for verification [or within another similar period
9069	9069	specified by rule].
9070	9070	SECTION 10.031. Section 353.103(a), Occupations Code, is
9071	9071	amended to read as follows:
9072	9072	(a) If a patient presents a contact lens prescription to be
9073	9073	filled or asks a person who dispenses contact lenses [permit
9074	9074	holder] to verify a contact lens prescription under Section
9075	9075	353.1015, but requests that fewer than the total number of lenses
9076	9076	authorized by the prescription be dispensed, the person dispensing
9077	9077	the lenses shall note on the prescription or verification:
9078	9078	(1) the number of lenses dispensed;
9079	9079	(2) the number of lenses that remain eligible to be
9080	9080	dispensed under the prescription; and
9081	9081	(3) the name, address, and telephone number[, and
9082	9082	license or permit number] of the person dispensing the lenses.
9083	9083	SECTION 10.032. Section 353.104(a), Occupations Code, is
9084	9084	amended to read as follows:
9085	9085	(a) If a patient needs an emergency refill of the patient's
9086	9086	contact lens prescription, a physician, optometrist, or
9087	9087	therapeutic optometrist may telephone or fax the prescription to a
9088	9088	person who dispenses [authorized to dispense] contact lenses [under
9089	9089	Section 353.051] or may verify a prescription under Section
9090	9090	353.1015.
9091	9091	SECTION 10.033. Section 353.151, Occupations Code, is
9092	9092	amended to read as follows:
9093	9093	Sec. 353.151. DIRECTIONS FOR INDEPENDENT DISPENSER
9094	9094	[OPTICIAN]; DELEGATION. (a) If a physician's directions,
9095	9095	instructions, or orders are to be performed or a physician's
9096	9096	prescription is to be filled by a person [an optician] who is
9097	9097	independent of the physician's office, the directions,
9098	9098	instructions, orders, or prescription must be:
9099	9099	(1) in writing or verified under Section 353.1015;
9100	9100	(2) of a scope and content and communicated to the
9101	9101	person [optician] in a form and manner that, in the professional
9102	9102	judgment of the physician, best serves the health, safety, and
9103	9103	welfare of the physician's patient; and
9104	9104	(3) in a form and detail consistent with the person's
9105	9105	[optician's] skill and knowledge.
9106	9106	(b) A person who dispenses contact lenses [holds a contact
9107	9107	lens dispensing permit issued under Subchapter B] may measure the
9108	9108	eye or cornea and may evaluate the physical fit of lenses for a
9109	9109	particular patient of a physician if the physician has delegated in
9110	9110	writing those responsibilities regarding that patient to the person
9111	9111	in accordance with Subsection (a) and Section 351.005.
9112	9112	(c) If a physician notes on a spectacle prescription "fit
9113	9113	for contacts" or similar language and has, as required by
9114	9114	Subsections (a) and (b), specifically delegated to a specific
9115	9115	person [optician] the authority to make the additional measurements
9116	9116	and evaluations necessary for a fully written contact lens
9117	9117	prescription, the person [optician] may dispense contact lenses to
9118	9118	the patient even though the prescription is less than a fully
9119	9119	written contact lens prescription.
9120	9120	SECTION 10.034. The heading to Subtitle G, Title 3,
9121	9121	Occupations Code, is amended to read as follows:
9122	9122	SUBTITLE G. PROFESSIONS RELATED TO HEARING AND[,] SPEECH[, AND
9123	9123	DYSLEXIA]
9124	9124	SECTION 10.035. The following provisions of the Government
9125	9125	Code are repealed:
9126	9126	(1) Section 2165.301(2);
9127	9127	(2) Section 2165.302; and
9128	9128	(3) Section 2165.304.
9129	9129	SECTION 10.036. The following provisions of the Health and
9130	9130	Safety Code are repealed:
9131	9131	(1) Section 144.001;
9132	9132	(2) Subchapter B, Chapter 144;
9133	9133	(3) Sections 144.023(d) and (e);
9134	9134	(4) Section 144.031;
9135	9135	(5) Subchapter D, Chapter 144;
9136	9136	(6) Subchapter E, Chapter 144;
9137	9137	(7) Subchapter F, Chapter 144;
9138	9138	(8) Section 144.071;
9139	9139	(9) Section 144.072;
9140	9140	(10) Section 144.073;
9141	9141	(11) Section 144.074;
9142	9142	(12) Section 144.075;
9143	9143	(13) Section 144.076;
9144	9144	(14) Section 144.077;
9145	9145	(15) Section 144.078(c);
9146	9146	(16) Section 144.080;
9147	9147	(17) Section 144.081;
9148	9148	(18) Section 144.082;
9149	9149	(19) Section 144.083;
9150	9150	(20) Section 144.084;
9151	9151	(21) Section 144.085;
9152	9152	(22) Section 145.001;
9153	9153	(23) Section 145.002(1);
9154	9154	(24) Section 145.004(b);
9155	9155	(25) Section 145.006(c);
9156	9156	(26) Section 145.008(k);
9157	9157	(27) Section 145.009;
9158	9158	(28) Section 145.0095;
9159	9159	(29) Section 145.010;
9160	9160	(30) Sections 145.011(a) and (b);
9161	9161	(31) Section 145.012;
9162	9162	(32) Section 145.0122;
9163	9163	(33) Section 145.015;
9164	9164	(34) Chapter 345;
9165	9165	(35) Chapter 385;
9166	9166	(36) Section 437.0057(b);
9167	9167	(37) Section 438.0431;
9168	9168	(38) Chapter 441; and
9169	9169	(39) Chapter 781.
9170	9170	SECTION 10.037. The following provisions of the Occupations
9171	9171	Code are repealed:
9172	9172	(1) Section 351.005(c);
9173	9173	(2) Chapter 352;
9174	9174	(3) Sections 353.002(2) and (4);
9175	9175	(4) Section 353.005;
9176	9176	(5) Subchapter B, Chapter 353;
9177	9177	(6) Section 353.202;
9178	9178	(7) Section 353.2025;
9179	9179	(8) Section 353.203;
9180	9180	(9) Section 353.204(b);
9181	9181	(10) Section 353.205; and
9182	9182	(11) Chapter 403.
9183	9183	SECTION 10.038. On the effective date of this Act, a
9184	9184	license, permit, certification of registration, or other
9185	9185	authorization issued under a law that is repealed by this article
9186	9186	expires.
9187	9187	SECTION 10.039. The changes in law made by this article do
9188	9188	not affect the validity of a disciplinary action or other
9189	9189	proceeding that was initiated before the effective date of this Act
9190	9190	and that is pending before a court or other governmental entity on
9191	9191	the effective date of this Act.
9192	9192	SECTION 10.040. (a) An offense under or other violation of
9193	9193	a law that is repealed by this article is governed by the law in
9194	9194	effect when the offense or violation was committed, and the former
9195	9195	law is continued in effect for that purpose.
9196	9196	(b) For purposes of this section, an offense or violation
9197	9197	was committed before the effective date of this Act if any element
9198	9198	of the offense or violation occurred before that date.
9199	9199	SECTION 10.041. The repeal of a law by this article does not
9200	9200	entitle a person to a refund of an application, licensing, or other
9201	9201	fee paid by the person before the effective date of this Act.
9202	9202	ARTICLE 11. CONTINUATION OF DEPARTMENT OF STATE HEALTH SERVICES
9203	9203	SECTION 11.001. (a) Section 1001.003, Health and Safety
9204	9204	Code, is amended to read as follows:
9205	9205	Sec. 1001.003. SUNSET PROVISION. The Department of State
9206	9206	Health Services is subject to Chapter 325, Government Code (Texas
9207	9207	Sunset Act). Unless continued in existence as provided by that
9208	9208	chapter, the department is abolished and this chapter expires
9209	9209	September 1, 2027 [2015].
9210	9210	(b) This section takes effect only if H.B. 2304, S.B. 200,
9211	9211	or similar legislation of the 84th Legislature, Regular Session,
9212	9212	2015, providing for the transfer of the functions of the Department
9213	9213	of State Health Services to the Health and Human Services
9214	9214	Commission is not enacted or does not become law. If H.B. 2304,
9215	9215	S.B. 200, or similar legislation of the 84th Legislature, Regular
9216	9216	Session, 2015, is enacted, becomes law, and provides for the
9217	9217	transfer of the department's functions to the commission, this
9218	9218	section has no effect.
9219	9219	ARTICLE 12. GENERAL PROVISIONS AND EFFECTIVE DATE
9220	9220	SECTION 12.001. To the extent of any conflict, this Act
9221	9221	prevails over another Act of the 84th Legislature, Regular Session,
9222	9222	2015, relating to nonsubstantive additions to and corrections in
9223	9223	enacted codes.
9224	9224	SECTION 12.002. (a) Except as provided by Subsection (b) of
9225	9225	this section, this Act takes effect September 1, 2015.
9226	9226	(b) Part 2 of Article 8 of this Act takes effect September 1,
9227	9227	2017.