Texas 2015 - 84th Regular

Texas House Bill HB4113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5322 MAW-F
2	2	By: Coleman H.B. No. 4113
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of speech-language
8	8	pathologists and audiologists by the Executive Council of Physical
9	9	Therapy and Occupational Therapy Examiners; providing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 401.001(4), Occupations Code, is amended
12	12	to read as follows:
13	13	(4) "Executive council" ["Department"] means the
14	14	Executive Council of Examiners of Physical Therapists,
15	15	Occupational Therapists, and Speech-Language Pathologists and
16	16	Audiologists [Department of State Health Services].
17	17	SECTION 2. Subchapter A, Chapter 401, Occupations Code, is
18	18	amended by adding Section 401.003 to read as follows:
19	19	Sec. 401.003. CONFLICT WITH OTHER LAW. To the extent of any
20	20	conflict between this chapter and Chapter 452, Chapter 452
21	21	controls.
22	22	SECTION 3. Section 401.053, Occupations Code, is amended to
23	23	read as follows:
24	24	Sec. 401.053. PERSONS TRAINED BY DEPARTMENT OF STATE HEALTH
25	25	SERVICES. (a) In this section, "department" means the Department
26	26	of State Health Services.
27	27	(a-1) This chapter does not apply to a person who shows
28	28	evidence of having received training by the department in a
29	29	communication, speech, language, or hearing screening training
30	30	program approved by the department if the person's activity is
31	31	limited to screening as defined by board rule.
32	32	(b) A person who has received training by the department in
33	33	a program under Subsection (a-1) [(a)] may not:
34	34	(1) practice speech-language pathology or audiology;
35	35	or
36	36	(2) represent that the person is a speech-language
37	37	pathologist or audiologist.
38	38	SECTION 4. Section 401.103, Occupations Code, is amended to
39	39	read as follows:
40	40	Sec. 401.103. ELIGIBILITY OF PUBLIC MEMBERS. A person may
41	41	not be a public member of the board, other than the public member
42	42	described by Section 401.102(d), if the person or the person's
43	43	spouse:
44	44	(1) is registered, certified, or licensed by an
45	45	occupational regulatory agency in the field of health care;
46	46	(2) is employed by or participating in the management
47	47	of an agency or business entity that:
48	48	(A) provides health care services;
49	49	(B) sells, manufactures, or distributes health
50	50	care supplies or equipment; or
51	51	(C) receives money from the board or executive
52	52	council [the department];
53	53	(3) owns, controls, or has a direct or indirect
54	54	interest of more than 10 percent in a business entity that:
55	55	(A) provides health care services;
56	56	(B) sells, manufactures, or distributes health
57	57	care supplies or equipment; or
58	58	(C) receives money from the board or executive
59	59	council [department]; or
60	60	(4) uses or receives a substantial amount of tangible
61	61	goods, services, or money from the board or executive council
62	62	[department] other than compensation or reimbursement authorized
63	63	by law for board membership, attendance, or expenses.
64	64	SECTION 5. Section 401.104(b), Occupations Code, is amended
65	65	to read as follows:
66	66	(b) A person may not serve as a member of the board [or act
67	67	as the general counsel to the board] if the person is required to
68	68	register as a lobbyist under Chapter 305, Government Code, because
69	69	of the person's activities in a health-related area.
70	70	SECTION 6. The heading to Subchapter D, Chapter 401,
71	71	Occupations Code, is amended to read as follows:
72	72	SUBCHAPTER D. [BOARD] PERSONNEL
73	73	SECTION 7. Section 401.151, Occupations Code, is amended to
74	74	read as follows:
75	75	Sec. 401.151. EMPLOYEES. The board may request the
76	76	executive council to assign [department shall provide]
77	77	administrative and clerical employees necessary to administer the
78	78	board's functions [this chapter].
79	79	SECTION 8. Section 401.152, Occupations Code, is amended to
80	80	read as follows:
81	81	Sec. 401.152. DIVISION OF RESPONSIBILITIES. The board
82	82	shall develop and implement policies that clearly define the
83	83	respective responsibilities of the board and the staff of the
84	84	executive council [board].
85	85	SECTION 9. The heading to Subchapter E, Chapter 401,
86	86	Occupations Code, is amended to read as follows:
87	87	SUBCHAPTER E. [BOARD AND DEPARTMENT] POWERS AND DUTIES
88	88	SECTION 10. Section 401.201(a), Occupations Code, is
89	89	amended to read as follows:
90	90	(a) Except as provided by Chapter 452 [With the assistance
91	91	of the department], the board shall:
92	92	(1) administer, coordinate, and enforce this chapter;
93	93	(2) evaluate the qualifications of license
94	94	applicants;
95	95	(3) provide for the examination of license applicants;
96	96	(4) in connection with a hearing under Section
97	97	401.454, issue subpoenas, examine witnesses, and administer oaths
98	98	under the laws of this state;
99	99	(5) conduct hearings and keep records and minutes
100	100	necessary to the orderly administration of this chapter; and
101	101	(6) investigate persons engaging in practices that
102	102	violate this chapter.
103	103	SECTION 11. Section 401.2021, Occupations Code, is amended
104	104	to read as follows:
105	105	Sec. 401.2021. JOINT RULES FOR HEARING INSTRUMENTS.
106	106	The [With the assistance of the department, the] board and the
107	107	State Committee of Examiners in the Fitting and Dispensing of
108	108	Hearing Instruments shall jointly adopt rules to establish
109	109	requirements for each sale of a hearing instrument. The rules
110	110	must:
111	111	(1) address:
112	112	(A) the information and other provisions
113	113	required in each written contract for the purchase of a hearing
114	114	instrument;
115	115	(B) records that must be retained under this
116	116	chapter or Chapter 402; and
117	117	(C) guidelines for the 30-day trial period during
118	118	which a person may cancel the purchase of a hearing instrument; and
119	119	(2) require that the written contract and 30-day trial
120	120	period information provided to a purchaser of a hearing instrument
121	121	be in plain language designed to be easily understood by the average
122	122	consumer.
123	123	SECTION 12. Section 401.2022, Occupations Code, is amended
124	124	to read as follows:
125	125	Sec. 401.2022. JOINT RULES FOR FITTING AND DISPENSING OF
126	126	HEARING INSTRUMENTS BY TELEPRACTICE. The [With the assistance of
127	127	the department, the] board and the State Committee of Examiners in
128	128	the Fitting and Dispensing of Hearing Instruments shall jointly
129	129	adopt rules to establish requirements for the fitting and
130	130	dispensing of hearing instruments by the use of telepractice.
131	131	SECTION 13. Section 401.204, Occupations Code, is amended
132	132	to read as follows:
133	133	Sec. 401.204. FEES. [(a)] The board may recommend to the
134	134	executive council [by rule shall establish fees in amounts]
135	135	reasonable and necessary [so that the] fees for licenses issued or
136	136	services performed under this chapter that in the aggregate provide
137	137	[are] sufficient revenue to cover the costs of administering this
138	138	chapter.
139	139	[(b) All expenses for the administration of this chapter
140	140	shall be paid from fees collected by the board under this chapter.]
141	141	SECTION 14. Section 401.252, Occupations Code, is amended
142	142	to read as follows:
143	143	Sec. 401.252. RECORDS OF COMPLAINTS. (a) The board shall
144	144	keep an information file about each complaint filed with the
145	145	executive council and referred to the board. The file must be
146	146	current and contain a record for each complaint of:
147	147	(1) each person contacted in relation to the
148	148	complaint;
149	149	(2) a summary of findings made at each step of the
150	150	complaint process;
151	151	(3) for a complaint that is dismissed, an explanation
152	152	of the legal basis and reason for dismissal;
153	153	(4) the schedule established for the complaint under
154	154	Section 401.253(b)(2) and a notation of any change in the schedule;
155	155	and
156	156	(5) other relevant information.
157	157	(b) If a written complaint is received by [filed with] the
158	158	board that the board has authority to resolve, the board, at least
159	159	quarterly and until final disposition of the complaint, shall
160	160	notify the parties to the complaint of the status of the complaint
161	161	unless the notice would jeopardize an undercover investigation.
162	162	SECTION 15. Section 401.253(a), Occupations Code, is
163	163	amended to read as follows:
164	164	(a) The board shall adopt rules concerning the
165	165	investigation of a complaint filed with the board. The rules must:
166	166	(1) distinguish among categories of complaints;
167	167	(2) ensure that a complaint is not dismissed without
168	168	appropriate consideration;
169	169	(3) require that the board be advised of a complaint
170	170	that is dismissed and that a letter be sent to the person who filed
171	171	the complaint explaining the action taken on the dismissed
172	172	complaint;
173	173	(4) ensure that the person who filed the complaint has
174	174	an opportunity to explain the allegations made in the complaint;
175	175	[and]
176	176	(5) prescribe guidelines concerning the categories of
177	177	complaints that require the use of a private investigator and the
178	178	procedures for the board to obtain the services of a private
179	179	investigator; and
180	180	(6) require the board to advise the executive council
181	181	of complaints that have been disposed of.
182	182	SECTION 16. Section 401.302(a), Occupations Code, is
183	183	amended to read as follows:
184	184	(a) The board shall issue a license to an applicant who
185	185	meets the requirements of this chapter and who pays to the executive
186	186	council [board] the initial nonrefundable license fee.
187	187	SECTION 17. Section 401.3041(d), Occupations Code, is
188	188	amended to read as follows:
189	189	(d) The executive council [Department of State Health
190	190	Services] on behalf of the board may:
191	191	(1) enter into an agreement with the Department of
192	192	Public Safety to administer a criminal history check required under
193	193	this section; and
194	194	(2) authorize the Department of Public Safety to
195	195	collect from each applicant the costs incurred by the Department of
196	196	Public Safety in conducting the criminal history check.
197	197	SECTION 18. Section 401.352(a), Occupations Code, is
198	198	amended to read as follows:
199	199	(a) Each licensed speech-language pathologist or
200	200	audiologist must annually pay to the executive council the
201	201	nonrefundable fee for license renewal. The board shall allow a
202	202	60-day grace period. After expiration of the grace period, the
203	203	board may renew a license on payment to the executive council of a
204	204	late fee [penalty] set by the executive council [board rule].
205	205	SECTION 19. Section 401.353(b), Occupations Code, is
206	206	amended to read as follows:
207	207	(b) The person must pay to the executive council [board] a
208	208	fee that is equal to the amount of the license examination fee.
209	209	SECTION 20. Section 401.455(b), Occupations Code, is
210	210	amended to read as follows:
211	211	(b) Rules adopted under Subsection (a) must:
212	212	(1) provide the complainant, if applicable and
213	213	permitted by law, an opportunity to be heard;
214	214	(2) provide the license holder an opportunity to be
215	215	heard; and
216	216	(3) require the presence of [a legal representative of
217	217	the department who represents the board or] the board's legal
218	218	counsel [employees] or a representative of the attorney general to
219	219	advise the board or the board's employees.
220	220	SECTION 21. The heading to Chapter 452, Occupations Code,
221	221	is amended to read as follows:
222	222	CHAPTER 452. EXECUTIVE COUNCIL OF EXAMINERS OF PHYSICAL THERAPISTS,
223	223	[THERAPY AND] OCCUPATIONAL THERAPISTS, AND SPEECH-LANGUAGE
224	224	PATHOLOGISTS AND AUDIOLOGISTS [THERAPY EXAMINERS]
225	225	SECTION 22. Section 452.001, Occupations Code, is amended
226	226	by amending Subdivision (1) and adding Subdivision (4) to read as
227	227	follows:
228	228	(1) "Executive council" means the Executive Council of
229	229	Examiners of Physical Therapists, [Therapy and] Occupational
230	230	Therapists, and Speech-Language Pathologists and Audiologists
231	231	[Therapy Examiners].
232	232	(4) "Speech-language pathology and audiology board"
233	233	means the State Board of Examiners for Speech-Language Pathology
234	234	and Audiology.
235	235	SECTION 23. Section 452.002, Occupations Code, is amended
236	236	to read as follows:
237	237	Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive
238	238	Council of Examiners of Physical Therapists, [Therapy and]
239	239	Occupational Therapists, and Speech-Language Pathologists and
240	240	Audiologists [Therapy Examiners] is subject to Chapter 325,
241	241	Government Code (Texas Sunset Act). Unless continued in existence
242	242	as provided by that chapter, the executive council is abolished and
243	243	the following laws expire September 1, 2017:
244	244	(1) this chapter;
245	245	(2) Chapter 401;
246	246	(3) Chapter 453; and
247	247	(4) [(3)] Chapter 454.
248	248	SECTION 24. The heading to Subchapter B, Chapter 452,
249	249	Occupations Code, is amended to read as follows:
250	250	SUBCHAPTER B. EXECUTIVE COUNCIL OF EXAMINERS OF PHYSICAL
251	251	THERAPISTS, [THERAPY AND] OCCUPATIONAL THERAPISTS, AND
252	252	SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS [THERAPY EXAMINERS]
253	253	SECTION 25. Sections 452.051(a) and (b), Occupations Code,
254	254	are amended to read as follows:
255	255	(a) The executive council [Executive Council of Physical
256	256	Therapy and Occupational Therapy Examiners] consists of:
257	257	(1) an occupational therapist member of the
258	258	occupational therapy board appointed by that board;
259	259	(2) a public member of the occupational therapy board
260	260	appointed by that board;
261	261	(3) a physical therapist member of the physical
262	262	therapy board appointed by that board;
263	263	(4) a public member of the physical therapy board
264	264	appointed by that board; [and]
265	265	(5) a speech-language pathologist or audiologist
266	266	member of the speech-language pathology and audiology board
267	267	appointed by that board;
268	268	(6) a public member of the speech-language pathology
269	269	and audiology board appointed by that board; and
270	270	(7) a public member appointed by the governor.
271	271	(b) The occupational therapy board, [and] the physical
272	272	therapy board, and the speech-language pathology and audiology
273	273	board may designate an alternate to attend an executive council
274	274	meeting if a member appointed by that board cannot attend. The
275	275	alternate has the same powers and duties and is subject to the same
276	276	qualifications as the appointed member.
277	277	SECTION 26. Section 452.052, Occupations Code, is amended
278	278	to read as follows:
279	279	Sec. 452.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
280	280	GOVERNOR. A person is not eligible for appointment by the governor
281	281	as a public member of the executive council if the person or the
282	282	person's spouse:
283	283	(1) is registered, certified, or licensed by an
284	284	occupational regulatory agency in the field of health care;
285	285	(2) is employed by or participates in the management
286	286	of a business entity or other organization regulated by or
287	287	receiving funds from the executive council, the occupational
288	288	therapy board, [or] the physical therapy board, or the
289	289	speech-language pathology and audiology board;
290	290	(3) owns or controls, directly or indirectly, more
291	291	than a 10 percent interest in a business entity or other
292	292	organization regulated by or receiving funds from the executive
293	293	council, the occupational therapy board, [or] the physical therapy
294	294	board, or the speech-language pathology and audiology board; or
295	295	(4) uses or receives a substantial amount of tangible
296	296	goods, services, or funds from the executive council, the
297	297	occupational therapy board, [or] the physical therapy board, or the
298	298	speech-language pathology and audiology board, other than
299	299	compensation or reimbursement authorized by law for executive
300	300	council, occupational therapy board, [or] physical therapy board,
301	301	or speech-language pathology and audiology board membership,
302	302	attendance, or expenses.
303	303	SECTION 27. Section 452.053(d), Occupations Code, is
304	304	amended to read as follows:
305	305	(d) A person may not serve as a member of the executive
306	306	council or act as the general counsel to the executive council if
307	307	the person is required to register as a lobbyist under Chapter 305,
308	308	Government Code, because of the person's activities for
309	309	compensation on behalf of a profession related to the operation of
310	310	the executive council, the occupational therapy board, [or] the
311	311	physical therapy board, or the speech-language pathology and
312	312	audiology board.
313	313	SECTION 28. Sections 452.058(b) and (c), Occupations Code,
314	314	are amended to read as follows:
315	315	(b) The executive council may hold additional meetings on
316	316	the request of the presiding officer or on the written request of
317	317	four [three] members of the executive council.
318	318	(c) A quorum of the executive council exists if the
319	319	occupational therapist member, the physical [both] therapist
320	320	member, the speech-language pathologist or audiologist member,
321	321	[members] and one public member are present.
322	322	SECTION 29. Section 452.101, Occupations Code, is amended
323	323	to read as follows:
324	324	Sec. 452.101. DIRECTOR; PERSONNEL. (a) The executive
325	325	council shall employ a director and administrative and clerical
326	326	employees as necessary to carry out the functions of the executive
327	327	council, the occupational therapy board, [and] the physical therapy
328	328	board, and the speech-language pathology and audiology board.
329	329	(b) The director shall employ a coordinator of occupational
330	330	therapy programs, [and] a coordinator of physical therapy programs,
331	331	and a coordinator of speech-language pathology and audiology
332	332	programs to carry out the functions of the respective boards. The
333	333	coordinators may request the executive council to assign additional
334	334	employees to carry out the duties of the coordinators.
335	335	SECTION 30. Section 452.151, Occupations Code, is amended
336	336	to read as follows:
337	337	Sec. 452.151. GENERAL POWERS AND DUTIES. (a) Except as
338	338	otherwise provided by this chapter, the executive council shall
339	339	administer and enforce Chapters 401, 453, and 454.
340	340	(b) The executive council shall:
341	341	(1) develop and prepare a budget for the executive
342	342	council, the occupational therapy board, [and] the physical therapy
343	343	board, and the speech-language pathology and audiology board; and
344	344	(2) manage all physical property used by the executive
345	345	council, the occupational therapy board, [or] the physical therapy
346	346	board, or the speech-language pathology and audiology board.
347	347	SECTION 31. Section 452.152(a), Occupations Code, is
348	348	amended to read as follows:
349	349	(a) In administering Chapters 401, 453, and 454, the
350	350	executive council shall:
351	351	(1) perform data processing functions; and
352	352	(2) administer records relating to payroll, personnel
353	353	files, and employee leave, benefits, and applications.
354	354	SECTION 32. Section 452.158, Occupations Code, is amended
355	355	to read as follows:
356	356	Sec. 452.158. DISBURSEMENT OF FUNDS. The executive council
357	357	may authorize from its appropriated funds all necessary
358	358	disbursements to carry out:
359	359	(1) this chapter;
360	360	(2) Chapter 401;
361	361	(3) Chapter 453; and
362	362	(4) [(3)] Chapter 454.
363	363	SECTION 33. Section 452.201(a), Occupations Code, is
364	364	amended to read as follows:
365	365	(a) The executive council shall prepare information of
366	366	public interest describing the functions of the executive council
367	367	and the procedures by which complaints are filed with and resolved
368	368	by the executive council, the occupational therapy board, [or] the
369	369	physical therapy board, or the speech-language pathology and
370	370	audiology board.
371	371	SECTION 34. Section 452.202(a), Occupations Code, is
372	372	amended to read as follows:
373	373	(a) The executive council by rule shall establish methods by
374	374	which consumers and service recipients are notified of the name,
375	375	mailing address, and telephone number of the executive council for
376	376	the purpose of directing complaints to the executive council. The
377	377	executive council may provide for that notice:
378	378	(1) on each registration form, application, or written
379	379	contract for services of a person regulated by the executive
380	380	council, the occupational therapy board, [or] the physical therapy
381	381	board, or the speech-language pathology and audiology board;
382	382	(2) on a sign prominently displayed in the place of
383	383	business of each person regulated by the executive council, the
384	384	occupational therapy board, [or] the physical therapy board, or the
385	385	speech-language pathology and audiology board; or
386	386	(3) in a bill for service provided by a person
387	387	regulated by the executive council, the occupational therapy board,
388	388	[or] the physical therapy board, or the speech-language pathology
389	389	and audiology board.
390	390	SECTION 35. Section 453.001(3), Occupations Code, is
391	391	amended to read as follows:
392	392	(3) "Executive council" means the Executive Council of
393	393	Examiners of Physical Therapists, [Therapy and] Occupational
394	394	Therapists, and Speech-Language Pathologists and Audiologists
395	395	[Therapy Examiners].
396	396	SECTION 36. Section 454.002(3), Occupations Code, is
397	397	amended to read as follows:
398	398	(3) "Executive council" means the Executive Council of
399	399	Examiners of Physical Therapists, [Therapy and] Occupational
400	400	Therapists, and Speech-Language Pathologists and Audiologists
401	401	[Therapy Examiners].
402	402	SECTION 37. Section 2054.352(a), Government Code, is
403	403	amended to read as follows:
404	404	(a) The following licensing entities shall participate in
405	405	the system established under Section 2054.353:
406	406	(1) Texas Board of Chiropractic Examiners;
407	407	(2) Judicial Branch Certification Commission;
408	408	(3) State Board of Dental Examiners;
409	409	(4) Texas Funeral Service Commission;
410	410	(5) Texas Board of Professional Land Surveying;
411	411	(6) Texas Medical Board;
412	412	(7) Texas Board of Nursing;
413	413	(8) Texas Optometry Board;
414	414	(9) Department of Agriculture, for licenses issued
415	415	under Chapter 1951, Occupations Code;
416	416	(10) Texas State Board of Pharmacy;
417	417	(11) Executive Council of Examiners of Physical
418	418	Therapists, [Therapy and] Occupational Therapists, and
419	419	Speech-Language Pathologists and Audiologists [Therapy Examiners];
420	420	(12) Texas State Board of Plumbing Examiners;
421	421	(13) Texas State Board of Podiatric Medical Examiners;
422	422	(14) Texas State Board of Examiners of Psychologists;
423	423	(15) State Board of Veterinary Medical Examiners;
424	424	(16) Texas Real Estate Commission;
425	425	(17) Texas Appraiser Licensing and Certification
426	426	Board;
427	427	(18) Texas Department of Licensing and Regulation;
428	428	(19) Texas State Board of Public Accountancy;
429	429	(20) State Board for Educator Certification;
430	430	(21) Texas Board of Professional Engineers;
431	431	(22) Department of State Health Services;
432	432	(23) Texas Board of Architectural Examiners;
433	433	(24) Texas Racing Commission;
434	434	(25) Texas Commission on Law Enforcement; and
435	435	(26) Texas Private Security Board.
436	436	SECTION 38. Section 401.101, Occupations Code, is repealed.
437	437	SECTION 39. A fee under Chapter 401, Occupations Code, in
438	438	effect on the effective date of this Act remains in effect until
439	439	changed by the Executive Council of Examiners of Physical
440	440	Therapists, Occupational Therapists, and Speech-Language
441	441	Pathologists and Audiologists.
442	442	SECTION 40. As soon as practicable after the effective date
443	443	of this Act, the Department of State Health Services and the
444	444	Executive Council of Examiners of Physical Therapists,
445	445	Occupational Therapists, and Speech-Language Pathologists and
446	446	Audiologists shall adopt a transition plan to provide for the
447	447	transfer not later than January 1, 2016, of the following from the
448	448	department to the executive council to the extent necessary for the
449	449	exercise of the executive council's powers and duties related to
450	450	Chapters 401 and 452, Occupations Code, as amended by this Act:
451	451	(1) personnel;
452	452	(2) equipment, files, and records; and
453	453	(3) money appropriated for the fiscal biennium ending
454	454	August 31, 2017.
455	455	SECTION 41. Not later than December 1, 2015, the State Board
456	456	of Examiners for Speech-Language Pathology and Audiology shall
457	457	appoint members to the Executive Council of Examiners of Physical
458	458	Therapists, Occupational Therapists, and Speech-Language
459	459	Pathologists and Audiologists as required by Section 452.051,
460	460	Occupations Code, as amended by this Act, for terms expiring
461	461	February 1, 2017.
462	462	SECTION 42. This Act takes effect September 1, 2015.