BILL ANALYSIS S.B. 202 By: Nelson Human Services Committee Report (Unamended) BACKGROUND AND PURPOSE The Department of State Health Services (DSHS) has the broad mission to improve the health and wellbeing of Texans. This legislation contains statutory modifications based on the Sunset Commissions recommendations to reduce DSHS' role in occupational licensing and certain other regulatory functions to allow the agency to focus on its core public health mission. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted in this bill as follows: Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1.001 of this bill. Rulemaking authority is expressly granted to the Texas Board of Medical Radiologic Technology, as approved by the Texas Medical Board, in SECTIONS 2.012 and 2.036 of this bill. Rulemaking authority is expressly granted to the Texas Medical Board in SECTIONS 2.007, 2.068, 2.083, and 2.155 of this bill. Rulemaking authority is expressly granted to the Texas Physician Assistant Board in SECTION 2.034 of this bill. Rulemaking authority is expressly granted to the Texas Board of Respiratory Care, as approved by the Texas Medical Board, in SECTIONS 2.158, 2.160, 2.183, and 2.186 of this bill. It is the committee's opinion that rulemaking authority is transferred in this bill as follows: Rulemaking authority previously granted to the Texas Midwifery Board, as approved by the executive commissioner of the Health and Human Services Commission, is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.012, 1.017, 1.022, 1.024, and 1.029 of this bill. Rulemaking authority previously granted to the State Board of Examiners for SpeechLanguage Pathology and Audiology is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.053, 1.060, 1.063, 1.067, 1.071, 1.072, 1.075, and 1.076 of this bill. Rulemaking authority previously granted to the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, as approved by the executive commissioner of the Health and Human Services Commission, and the State Board of Examiners for SpeechLanguage Pathology and Audiology is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.054, 1.055, 1.091, and 1.092 of this bill. Rulemaking authority previously granted to the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, as approved by the executive commissioner of the Health and Human Services Commission, is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.095, 1.109, 1.114, 1.119, and 1.120 of this bill. Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.132, 1.141, 1.142, 1.223, 1.224, 1.227, 1.232, 1.233, 1.245, 1.247, 1.256, 1.263, 1.270, 1.280, 1.281, 1.282, 1.283, 1.284, 1.285, 1.286, 1.287, 1.288, 1.289, 1.290, and 1.295 of this bill. Rulemaking authority previously granted to the Advisory Board of Athletic Trainers is transferred to the Texas Commission of Licensing and Regulation in SECTION 1.160 of this bill. Rulemaking authority previously granted to the Texas Board of Orthotics and Prosthetics is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.186 and 1.187 of this bill. Rulemaking authority previously granted to the Texas State Board of Examiners of Dieticians is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.201, 1.205, 1.209, and 1.213 of this bill. Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Board of Medical Radiologic Technology, as approved by the Texas Medical Board, in SECTIONS 2.006, 2.011, 2.017, 2.022, 2.023, and 2.030 of this bill. Rulemaking authority previously granted to the Texas Board of Licensure for Professional Medical Physicists, as approved by the executive commissioner of the Health and Human Services Commission, is transferred to the Texas Medical Board in SECTIONS 2.061, 2.073, and 2.076 of this bill. Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Medical Board in SECTIONS 2.010, 2.102, 2.104, 2.106, 2.109, 2.111, 2.115, 2.117, 2.121, 2.124, 2.133, 2.135, 2.136 and 2.143 of this bill. Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Board of Respiratory Care, as approved by the Texas Medical Board, in SECTIONS 2.154, 2.156, 2.165, 2.172, and 2.178 of this bill. ANALYSIS S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, was signed by the Governor on April 2, 2015, giving effect to the bill on that date. S.B. 202 makes technical and conforming changes to align with the changes in law enacted by S.B. 219. Article 1 Regulatory Programs Transferred to the Texas Department of Licensing and Regulation (TDLR) Part 1. Transfers during the biennium ending August 31, 2017 S.B. 202 transfers regulation of midwives; speechlanguage pathologists and audiologists; hearing instrument fitters and dispensers; dyslexia therapists and practitioners; athletic trainers; orthotists and prosthetists; and dieticians from DSHS to TDLR during the biennium ending August 31, 2017. The bill reconstitutes the existing associated boards and committees as advisory boards at TDLR and makes them responsible for providing advice and recommendations to TDLR on technical matters relevant to the administration of the laws associated with the regulatory programs. The bill specifies the advisory boards appointments and terms, including filling vacancies and selecting the presiding officer; duties; and meeting requirements. The bill makes changes to conform the statutory provisions relating to administration and enforcement for each of these regulatory programs to existing TDLR requirements and procedures. S.B. 202 transfers administration and enforcement of these regulatory programs to TDLRs executive director and transfers the associated rulemaking authority to the Texas Commission of Licensing and Regulation, and makes related conforming changes. The bill repeals provisions of law associated with the regulatory programs that duplicate or conflict with other provisions of law that currently apply to TDLR, and makes related conforming changes. The bill removes the separate Sunset dates for the regulatory programs subject to the Sunset Act and maintains certain requirements of DSHS in the Texas Midwifery Act. S.B. 202 prohibits the Texas Commission of Licensing and Regulation, until September 1, 2019, from adopting a new rule relating to the scope of practice of or a health-related standard of care for athletic trainers, dieticians, hearing instrument fitters and dispensers, midwives, orthotists and prosthetists, and speechlanguage pathologists and audiologists unless the rule has been proposed by the advisory board established for that profession. The bill requires the Texas Commission of Licensing and Regulation to adopt rules prescribing the procedure by which the specified advisory boards may propose these rules. The bill requires the Texas Commission of Licensing and Regulation, until September 1, 2019, to either adopt the rule as proposed or return it to the advisory board for revision, and specifies that the Texas Commission of Licensing and Regulation retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process. S.B. 202 requires the Texas Commission of Licensing and Regulation to adopt rules clearly specifying how TDLR and the Texas Commission of Licensing and Regulation will solicit input from, and on request provide information to, advisory boards established for athletic trainers, dieticians, hearing instrument fitters and dispensers, midwives, orthotists and prosthetists, and speechlanguage pathologists and audiologists regarding the general investigative, enforcement, or disciplinary procedures of TDLR or the Texas Commission of Licensing and Regulation. Part 2. Transfers during the biennium ending August 31, 2019 S.B. 202 transfers the regulation of offender education providers, laser hair removal, massage therapy, code enforcement officers, sanitarians, and mold assessors and remediators from DSHS to TDLR during the biennium ending August 31, 2019. The bill makes changes to conform the statutory provisions relating to administration and enforcement for each of these regulatory programs to existing TDLR requirements and procedures. S.B. 202 transfers administration and enforcement of these regulatory programs to TDLRs executive director and transfers the associated rulemaking authority to the Texas Commission of Licensing and Regulation. The bill repeals provisions of law associated with the regulatory programs that duplicate or conflict with other provisions of law that currently apply to TDLR, and makes related conforming changes. S.B. 202 authorizes TDLR to establish advisory committees to provide advice and recommendations to TDLR on technical matters relevant to the administration of the code enforcement officer and sanitarian regulatory programs. The changes in law made by Part 2 of Article 1 are effective September 1, 2017. Part 3. Transition Provisions For a program transferred under Article 1, S.B. 202 specifies that a rule or fee in effect on the effective date of the programs transfer remains in effect until changed by the Texas Commission of Licensing and Regulation; a license, permit, certificate of registration, or other authorization is continued in effect after the effective date of the transfer as one of TDLRs; and a complaint, investigation, contested case, or other proceeding before DSHS that is pending on the effective date of the transfer is transferred without change in status to TDLR or the Texas Commission of Licensing and Regulation, as appropriate. The bill also requires DSHS to provide TDLR with access to any systems or information necessary to accept a transferred program. S.B. 202 requires DSHS and TDLR, as soon as practicable after the effective date of a transfer to adopt a transition plan to provide for the orderly transfer of power, duties, functions, programs, and activities. The bill requires the transition plan to provide for the transfer to be completed by August 31, 2017 for a program transferred under Part 1 of Article 1, and by August 31, 2019 for a program transferred under Part 2 of Article 1. The bill establishes that on the date specified in the transition plan, if applicable, the existing board associated with the program is abolished and TDLR is required, as soon as practicable after that date, to appoint the advisory board for the program. The bill specifies that on the date established in the transition plan for the transfer of a particular program to TDLR, all fulltime equivalent employee positions at DSHS that primarily concern the administration or enforcement of the program being transferred become positions at TDLR. The bill requires TDLR to post the positions for hiring and, when filling the positions, to give consideration to an applicant who was an employee at DSHS primarily involved in administering or enforcing the transferred program immediately before the date of the transfer. The bill specifies TDLR is not required to hire these applicants. The bill requires TDLR to create a health professions division by August 31, 2017 to oversee programs transferred from DSHS and to ensure TDLR develops necessary healthrelated expertise. S.B. 202 requires TDLR to submit a report by December 1 of each year, until January 1, 2020, regarding the implementation of the transfers with respect to that calendar year. The bill specifies the detailed information the report must include and the recipients of the report. S.B. 202 requires TDLR, in preparing a report, to solicit input from DSHS and each advisory board or committee established to advise TDLR regarding a transferred program, and requires TDLR to make each report available to the public on TDLRs website. Article 2 Regulatory Programs Transferred to the Texas Medical Board (TMB) Medical Radiologic Technologists S.B. 202 transfers administration of the Medical Radiologic Technologist Certification Act from DSHS to TMB and specifies that the Medical Radiologic Technologist Certification Act expires on September 1, 2017 unless continued in existence by the Texas Sunset Act. The bill establishes the nine-member Texas Board of Medical Radiologic Technology as a governor-appointed advisory board to TMB. The bill specifies the appointment; membership eligibility and restrictions; terms; vacancies; officers; grounds for removal; per diem; application of open meetings, open records, and administrative procedure laws; meetings; quorum requirements; and training of the advisory board. S.B. 202 transfers the powers and duties of DSHS and the executive commissioner of the Health and Human Services Commission (HHSC), as applicable, in relation to the regulation of medical radiologic technologists and certain persons performing radiological procedures to the advisory board and TMB, as applicable, and makes related conforming changes. To conform statutory provisions relating to administration and enforcement for this regulatory program to TMB requirements and procedures, the bill adds or amends provisions relating to the issuance and renewal of certificates; the division of responsibilities and delegation of certain duties between the advisory board and TMB; public participation; guidelines for early involvement in the rulemaking process; complaints and investigative information; and disciplinary actions and proceedings. The bill repeals provisions of law associated with the regulatory program that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. The bill requires TMB to provide administrative and clerical employees as necessary to the advisory board. S.B. 202 requires the advisory board to adopt specified rules for the performance of the advisory boards duties relating to the regulation of medical radiologic technologists and certain persons performing radiological procedures. The bill requires the advisory board to review and approve or reject each application for the issuance or renewal of a certificate; issue each certificate; deny, suspend, or revoke a certificate or otherwise discipline a certificate holder; and take any action necessary to carry out the functions and duties of the advisory board. The bill requires an applicant to pass a jurisprudence examination approved by the advisory board. S.B. 202 authorizes the advisory board to delegate authority to TMB employees to issue certificates to applicants who clearly meet all certification requirements without formal advisory board approval, and specifies that if the TMB employees determine that the applicant does not clearly meet all certification requirements, the application must be returned to the advisory board. S.B. 202 authorizes the Texas Board of Medical Radiologic Technology to make a referral to the Texas Physician Health Program and to require participation in the program as a prerequisite for issuing or maintaining a certificate or other authorization. The bill requires the advisory board to adopt related procedures in rule. S.B. 202 requires TMB to adopt rules to regulate individuals who perform radiologic procedures and individuals who are licensed by TMB and supervise an individual who performs radiologic procedures. The bill requires TMB, by a majority vote, to approve or reject each rule adopted by the advisory board and specifies that if the rule is approved, it may take effect, and if it is rejected TMB must return the rule to the advisory board for revision. S.B. 202 requires TMB, rather than the executive commissioner of HHSC, with the assistance of the Texas Board of Nursing, the Texas Physician Assistant Board, and other appropriate state agencies, to identify by rule certain radiologic procedures that are dangerous or hazardous and that may be performed only by a practitioner, certified medical radiologic technologist, registered nurse, or licensed physician assistant. S.B. 202 requires an applicant for a certificate and an applicant for renewal of a certificate to undergo a fingerprintbased criminal history check before the advisory board may issue or renew a certificate. The bill authorizes the advisory board to enter into an agreement with the Department of Public Safety to administer the criminal history checks, and authorizes the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires the advisory board to adopt rules and guidelines on consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to applications or renewals of certificates filed on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose. S.B. 202 specifies the advisory boards minimum standards for approval of a curriculum or an education program to train certain individuals, registered nurses, and physician assistants to perform radiologic procedures do not have to include mandatory training guidelines for a registered nurse or licensed physician assistant who intentionally uses radiologic technology. The bill requires, rather than authorizes the Texas Board of Nursing to adopt rules governing registered nurses performing certain radiologic procedures, including rules establishing mandatory training guidelines; and requiring registered nurses performing certain radiologic procedures to register with the Texas Board of Nursing and to identify the practitioner ordering the procedures. S.B. 202 requires the Texas Physician Assistant Board to adopt rules governing licensed physician assistants performing certain radiologic procedures, including rules establishing mandatory training guidelines; and requiring licensed physician assistants performing certain radiologic procedures to register with the Texas Physician Assistant Board and to identify the practitioner ordering the procedures. The bill requires the Texas Physician Assistant Board to notify the agency licensing the practitioner that the physician assistant has registered. The bill specifies that Subchapter F, Chapter 601, Occupations Code applies to the Texas Physician Assistant Board and exempts the Texas Physician Assistant Board from the requirement to adopt rules to regulate the manner in which a persons who holds a license issued by the Texas Physician Assistant Board may order, instruct, or direct another person in the performance of a radiologic procedure. Medical Physicists S.B. 202 transfers the administration of the Medical Physics Practice Act from the Texas Board of Licensure for Professional Medical Physicists at DSHS to TMB and specifies that the Medical Physics Practice Act expires on September 1, 2017 unless continued in existence by the Texas Sunset Act. The bill abolishes the Texas Board of Licensure for Professional Medical Physicists and establishes the Medical Physicist Licensure Advisory Committee as an informal advisory committee to TMB. S.B. 202 specifies the advisory committee consists of seven members appointed by the president of TMB. The bill specifies appointment requirements; membership eligibility and restrictions; terms; vacancies; grounds for removal; compensation; officers; and meeting and quorum requirements of the advisory committee. The bill specifies the advisory committee has no independent rulemaking authority. S.B. 202 authorizes TMB to include any member of the advisory committee in a proceeding of TMB related to a power or duty related to the regulation of medical physicists if TMB considers the expertise of the advisory committee member to be beneficial in the proceeding. The bill subjects the advisory committee to the Open Meetings and Public Information Acts, except as otherwise provided. The bill exempts the advisory committee from Chapter 2110, Government Code. S.B. 202 transfers the powers and duties of the Texas Board of Licensure for Professional Medical Physicists, the executive secretary, DSHS, and the executive commissioner of HHSC related to the regulation of medical physicists to TMB, and makes related conforming changes. The bill requires TMB to adopt rules reasonably necessary to perform its duties in relation to the regulation of medical physicists, including procedural rules governing investigations, informal hearings, the issuance of cease and desist orders, and disciplinary sanctions; and rules governing character and conduct for applicants or license holders and fitness to practice medical physics. The bill requires TMB to establish the qualifications for a medical physicist to practice; minimum education and training requirements necessary for a license; and requirements for examinations for licensure. S.B. 202 requires TMB to prescribe the application form for a medical physicist license; issue, deny, renew, revoke, cancel, restrict, suspend, or accept the surrender of a license; charge fees that are reasonable and necessary to cover the costs of administering the regulation; conduct informal hearings for certain violations; and issue disciplinary sanctions, including agreed orders and non-disciplinary remedial plans. The bill requires TMB to establish procedures for making a confidential referral to the Texas Physician Health Program and for requiring participation in the program as a prerequisite for issuing or maintaining a medical physicist license. To conform statutory provisions relating to administration and enforcement for this regulatory program to certain TMB requirements and procedures, the bill adds or amends provisions of law relating to issuance and renewal of licenses; complaints and investigative information; and disciplinary actions and proceedings relating to medical physicists. The bill repeals provisions of law associated with the regulation of medical physicists that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. S.B. 202 requires an applicant for a license and license renewal to undergo a fingerprintbased criminal history check before TMB may issue or renew a license, unless the license holder has previously submitted fingerprints for the initial issuance or part of a prior renewal of the license. The bill authorizes TMB to enter into an agreement with the Department of Public Safety to administer the criminal history checks and authorize the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires TMB to adopt rules and guidelines as necessary regarding consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to license applications or renewals on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose. Perfusionists S.B. 202 transfers administration of the Licensed Perfusionists Act from the Texas State Perfusionist Advisory Committee at DSHS to TMB and specifies that the Licensed Perfusionists Act expires on September 1, 2017 unless continued in existences by the Texas Sunset Act. The bill abolishes the Texas State Perfusionist Advisory Committee and establishes the Perfusionist Licensure Advisory Committee as an informal advisory committee to TMB. The bill specifies the advisory committee consists of seven members appointed by the president of TMB. The bill specifies appointment requirements; membership eligibility and restrictions; terms; vacancies; grounds for removal; officers; and meeting requirements of the advisory committee. The bill specifies the advisory committee has no independent rulemaking authority. S.B. 202 authorizes TMB to include any member of the advisory committee in a proceeding of the medical board related to a power or duty related to the regulation of perfusionists if TMB considers the expertise of the advisory committee member to be beneficial in the proceeding. The bill provides limited exemptions from the Open Meetings and Public Information Acts relating to informal proceedings. The bill exempts the advisory committee from Chapter 2110, Government Code. S.B. 202 transfers the powers and duties of the Texas State Perfusionist Advisory Committee and the secretary and related duties of DSHS and the executive commissioner of HHSC to TMB and the executive director of TMB related to the regulation of perfusionists and makes related conforming changes. The bill authorizes TMB to adopt rules necessary to regulate the practice of perfusion, enforce the regulation of the practice, and perform its duties in relation to the regulation of perfusionists. S.B. 202 requires TMB to establish the qualifications for a perfusionist to practice in this state, including rules governing character and conduct for applicants or license holders and fitness of applicants or license holders to practice; issue, revoke, restrict, suspend, deny, cancel, or accept the surrender of a license; charge fees that are reasonable and necessary to cover the costs of regulation; and establish minimum education and training and examination requirements for licensure. The bill requires TMB to prescribe the application form for a license; adopt and publish a code of ethics; establish procedural rules governing investigations, informal hearings, the issuance of cease and desist orders, and disciplinary sanctions; conduct informal hearings for certain violations; and issue disciplinary sanctions, including agreed orders and non-disciplinary remedial plans. The bill requires TMB to establish procedures for making a confidential referral to the Texas Physician Health Program and for requiring participation in the program as a prerequisite for issuing or maintaining a perfusionist license. To conform statutory provisions relating to administration and enforcement for this regulatory program to certain TMB requirements and procedures, the bill adds or amends provisions of law relating to issuance and renewal of licenses; complaints and investigative information; and disciplinary actions and proceedings relating to perfusionists. The bill repeals provisions of law associated with the regulation of perfusionists that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. The bill requires an applicant for a license and license renewal to undergo a fingerprintbased criminal history check before TMB may issue or renew a license, unless the license holder has previously submitted fingerprints for the initial issuance or part of a prior renewal of the license. The bill authorizes TMB to enter into an agreement with the Department of Public Safety to administer the criminal history checks and authorize the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires TMB to adopt rules and guidelines as necessary regarding consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to license applications or renewals on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose. Respiratory Care Practitioners S.B. 202 transfers the administration of Chapter 604, Occupations Code, relating to the certification and permitting of respiratory care practitioners from DSHS to TMB and specifies that Chapter 604, Occupations Code expires on September 1, 2017 unless continued in existence by the Texas Sunset Act. The bill establishes the nine-member Texas Board of Respiratory Care as a governor-appointed advisory board to TMB. The bill specifies the appointment; membership eligibility and restrictions; terms; vacancies; officers; grounds for removal; per diem; application of open meetings, open records, and administrative procedure laws; meetings; quorum requirements; and training of the advisory board. S.B. 202 transfers the powers and duties of DSHS and the executive commissioner of HHSC, as applicable, in relation to the certification and permitting of respiratory care practitioners to the advisory board and TMB, as applicable, and makes related conforming changes. To conform statutory provisions relating to administration and enforcement for this regulatory program to certain TMB requirements and procedures, the bill adds or amends provisions relating to the issuance and renewal of certificates and temporary permits; the division of responsibilities and delegation of certain duties between the advisory board and TMB; public participation; guidelines for early involvement in the rulemaking process; complaints and investigative information; and disciplinary actions and proceedings. The bill repeals provisions of law associated with the certification and permitting program that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. The bill requires TMB to provide administrative and clerical employees as necessary to the advisory board. S.B. 202 requires the advisory board to adopt specified rules for the performance of the advisory boards duties. The bill requires the advisory board to review and approve or reject each application for the issuance or renewal of a certificate or temporary permit; adopt procedures for the issuance or renewal of each certificate or permit; deny, suspend, restrict, cancel, or revoke a certificate or temporary permit or otherwise discipline a certificate or permit holder; and take any other action necessary to carry out the functions and duties of the advisory board. The bill requires an applicant for a certificate or temporary permit to pass a jurisprudence examination approved by the advisory board. S.B. 202 authorizes the advisory board to delegate authority to TMB employees to issue certificates or temporary permits to applicants who clearly meet all applicable requirements without formal advisory board approval, and specifies that if the TMB employees determine that the applicant does not clearly meet all applicable requirements, the application must be returned to the advisory board. S.B. 202 authorizes the advisory board to use the Texas Physician Health Program as the advisory boards peer assistant program. The bill authorizes the advisory board, by rule, to establish procedures for making a confidential referral to the program and for requiring participation in the program as a prerequisite for issuing or maintaining a certificate or temporary permit. S.B. 202 requires TMB to adopt rules to regulate respiratory care practitioners and physicians who supervise respiratory care practitioners. The bill requires TMB, by a majority vote, to approve or reject each rule adopted by the advisory board and specifies that if the rule is approved, it may take effect, and if it is rejected TMB must return the rule to the advisory board for revision. S.B. 202 requires an applicant for a certificate or temporary permit or an applicant for a renewal of a certificate or temporary permit to undergo a fingerprintbased criminal history check before the advisory board may issue or renew a certificate or temporary permit. The bill authorizes the advisory board to enter into an agreement with the Department of Public Safety to administer the criminal history checks, and authorizes the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires the advisory board to adopt rules and guidelines on consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to applications or renewals of a certificate or permit filed on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose. Transition Provisions S.B. 202 specifies that rules and fees; licenses, certificates, or permits; and complaints, investigations, contested cases, or other proceedings continue or remain in effect, or transfer without change in status from DSHS to TMB, the Texas Board of Medical Radiologic Technology, or the Texas Board of Respiratory Care, as appropriate. S.B. 202 requires DSHS and TMB to adopt a transition plan to provide for the orderly transfer of powers, duties, functions, programs, and activities and for the transition plan to provide for the transfer to be completed as soon as practicable after the effective date of the Act. The bill requires DSHS to provide TMB with access to any systems or information necessary for TMB to accept a transferred program. The bill abolishes the Texas Board of Licensure for Professional Medical Physicists and the Texas State Perfusionist Advisory Committee on the effective date of the Act and requires the governor and president of TMB, as appropriate, to appoint members to the Texas Board of Medical Radiologic Technology, the Medical Physicist Licensure Advisory Committee, the Perfusionist Licensure Advisory Committee, and the Texas Board of Respiratory Care as soon as practicable after the effective date of the Act. The bill specifies that on the effective date of the Act, all fulltime equivalent employee positions at DSHS that primarily concern the administration or enforcement of the applicable law being transferred become positions at TMB. The bill requires TMB to post the positions for hiring and, when filling the positions, to give consideration to an applicant who, immediately before the effective date of this Act, was an employee at DSHS primarily involved in administering or enforcing the applicable law. The bill specifies that TMB is not required to hire these applicants. Article 3 Deregulation of certain activities and occupations S.B. 202 repeals provisions and makes conforming changes to discontinue state involvement in the licensing, permitting, and certification of registration, or other authorization of the following activities and occupations: indoor air quality in state buildings; rendering; tanning bed facilities; bottled and vended water certifications; personal emergency response systems; opticians; contact lens dispensers; and bedding. S.B. 202 changes the required wording on warning signs that must be posted in tanning facilities and at each tanning device by removing references to DSHS and its toll-free number and replacing it with specified wording to contact local law enforcement or local health authorities if a violation of law relating to the operation of a tanning facility is suspected. S.B. 202 specifies that a license, permit, certification of registration, or other authorization issued under a law that is repealed through this article of this Act expires on the effective date of the Act, but that the changes made by the bill would not affect the validity of a disciplinary action taken, offense committed, or fee paid before the effective date of the Act and that is pending before a court or other governmental entity on the effective date of the Act. The bill specifies that an offense under or other violation of a law that is repealed by this article of this Act is governed by the law in effect when the violation was committed, and continues the former law for that purpose. The bill specifies that an offense or violation was committed before the effective date of the Act if any element of the offense or violation occurred before that date. The bill provides that a repeal of a law by this article of the Act does not entitle a person to a refund of an application, licensing, or other fee paid by the person before the effective date of the Act. Article 4 Effective Date Except as otherwise provided, September 1, 2015. Repealers Article 1. Part 1. The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 203.006 Section 203.051 Section 203.053 Section 203.054 Section 203.057 Section 203.058 Section 203.060 Subchapter C, Chapter 203 Section 203.151(b) Section 203.1515 Section 203.152(a) Sections 203.155(a) and (c) Section 203.156 Section 203.158 Section 203.159 Section 203.160 Section 203.161 Subchapter E, Chapter 203 Section 203.255(b) Section 203.2556 Section 203.302 Section 203.303 Section 203.405 Subchapter J, Chapter 203 Section 203.502(c) Section 203.505(a) Section 401.002 Section 401.101 Section 401.103 Section 401.104 Section 401.106 Section 401.109 Section 401.110 Subchapter D, Chapter 401 Section 401.201(b) Sections 401.203(a) and (b) Section 401.204 Section 401.205 Section 401.206 Section 401.207 Section 401.252 Sections 401.253(b), (c), (d), and (e) Sections 401.2535(a), (b), (c), (d), (e), (f), and (g) Section 401.254 Section 401.306 Section 401.307(c) Section 401.313 Section 401.315 Sections 401.352(b) and (c) Section 401.353 Section 401.354 Section 401.405 Section 401.451(b) Section 401.452 Section 401.4531 Section 401.454 Section 401.455 Section 401.456 Section 401.457 Section 401.458 Section 401.459 Section 401.460 Section 401.502 Section 401.5022 Section 401.551 Section 401.553 Section 401.554 Section 401.555 Section 401.556 Section 401.557 Section 401.558 Section 401.559 Section 401.560 Section 401.561 Section 402.002 Section 402.052 Section 402.053 Section 402.054 Section 402.056 Section 402.0581 Section 402.059 Section 402.060 Section 402.061 Section 402.102 Section 402.1022 Sections 402.103(a) and (b) Section 402.105 Section 402.106 Section 402.151 Section 402.1511 Section 402.153 Sections 402.154(a), (b), (c), (d), (e), (f), and (g) Section 402.205(d) Section 402.206 Sections 402.209(b) and (g) Section 402.257(b) Sections 402.301(b), (c), (d), and (e) Section 402.303(f) Section 402.354 Section 402.452 Section 402.502 Section 402.503 Section 402.504 Section 402.505 Section 402.506 Sections 402.551(a) and (c) Section 402.552 Section 402.5522 Section 402.553(b) Section 403.002 Section 403.053 Section 403.109 Section 403.201 Section 403.205 Section 403.206 Section 403.208 Section 403.210 Section 403.211 Section 403.252 Section 451.051(a) Section 451.0511 Section 451.0512 Section 451.0513 Section 451.052 Section 451.054 Section 451.057 Sections 451.101(b) and (c) Section 451.1015 Section 451.1016 Section 451.102 Section 451.103 Section 451.1035 Section 451.104 Section 451.105 Section 451.106 Section 451.108 Section 451.109 Sections 451.110(a), (b), (c), (d), (e), (f), and (g) Section 451.155 Section 451.201(b) Section 451.202 Section 451.203 Section 451.204 Section 451.2512 Section 451.252 Section 451.253 Section 451.254 Section 451.255 Sections 451.351(a), (b), (e), (f), (g), (h), (i), (j), (k), and (l) Section 451.352 Section 605.003 Section 605.051 Section 605.053 Section 605.054 Section 605.057 Section 605.058 Section 605.059(a) Section 605.060 Section 605.061 Subchapter C, Chapter 605 Section 605.152 Section 605.153 Section 605.154 Section 605.201 Section 605.202 Sections 605.2021(a), (b), (c), (d), (e), (f), and (g) Section 605.203 Section 605.253 Section 605.254(b) Section 605.255(c) Section 605.259(b) Section 605.3535 Section 605.355 Section 605.401 Section 605.403 Section 605.404 Section 605.405 Section 605.406 Section 605.407 Section 605.408 Section 605.409 Section 605.410 Section 605.411 Section 701.003 Section 701.052 Section 701.053 Section 701.055 Section 701.056 Section 701.059 Subchapter C, Chapter 701 Section 701.152 Section 701.153 Section 701.1535 Section 701.156 Section 701.157 Section 701.159 Section 701.160 Section 701.161 Section 701.201 Section 701.202 Section 701.203 Section 701.204 Sections 701.2041(a), (b), (c), (d), (e), (f), and (g) Section 701.205 Section 701.206 Section 701.256 Section 701.261 Sections 701.301(b), (c), (d), (e), and (f) Section 701.302 Section 701.402 Section 701.404 Section 701.405 Section 701.406 Section 701.407 Section 701.408 Section 701.452 Section 701.453 Section 701.501 Section 701.502(c) Section 701.503 Section 701.504 Section 701.505 Section 701.506 Section 701.507 Section 701.508 Section 701.509 Section 701.510 Section 701.511 Article 1. Part 2. The following provisions of the Health and Safety Code are repealed: Section 401.509 Section 401.511 Sections 401.512(b) and (c) Sections 401.522(b) and (c) The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 455.051 Section 455.056 Section 455.057 Section 455.058 Section 455.1565 Section 455.1571 Sections 455.160(b), (c), (d), (e), (f), and (g) Section 455.161 Section 455.252 Section 455.253 Section 455.254 Section 455.301 Section 455.303 Section 455.304 Section 455.305 Section 455.306 Section 455.307 Section 455.308 Section 455.309 Section 455.310 Section 455.311 Section 1952.052 Section 1952.054 Section 1952.105(b) Section 1952.152 Section 1952.251 Section 1952.253 Section 1952.254 Section 1952.255 Section 1952.256 Section 1952.257 Section 1952.258 Section 1952.259 Section 1952.260 Section 1952.261 Section 1953.0511 Section 1953.052 Section 1953.054 Section 1953.055 Section 1953.103 Section 1953.106(b) Section 1953.152 Section 1953.202 Section 1953.301 Section 1953.303 Section 1953.304 Section 1953.305 Section 1953.306 Section 1953.307 Section 1953.308 Section 1953.309 Section 1953.310 Section 1953.311 Section 1958.053 Section 1958.055(a) Section 1958.057 Section 1958.107 Section 1958.251 Section 1958.254 Section 1958.255 Section 1958.256 Section 1958.257 Section 1958.258 Section 1958.302 Article 2 The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Sections 601.002(2) and (5) Section 601.051 Section 601.053 Section 601.056(b) Section 601.103 Section 602.002 (1-a) and (2) Sections 602.052(b) and (c) Sections 602.053(a), (b), and (c) Section 602.056(c) Section 602.059 Subchapter C, Chapter 602 Sections 602.1525(b), (c), (d), (e), (f), and (g) Section 602.155 Section 602.204 Sections 603.002(1) and (4) Section 603.005 Section 603.054(c) Section 603.058 Subchapter C, Chapter 603 Section 603.154(b) Section 603.158 Section 603.159 Sections 603.2041(b), (c), (d), (f), and (g) Section 604.051 Sections 604.052(b) and (c) Section 604.056 Article 3 The following provisions of the Government Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 2165.301(2) Section 2165.302 Section 2165.304 The following provisions of the Health and Safety Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 144.001 Subchapter B, Chapter 144 Sections 144.023(d) and (e) Section 144.031 Subchapter D, Chapter 144 Subchapter E, Chapter 144 Subchapter F, Chapter 144 Section 144.071 Section 144.072 Section 144.073 Section 144.074 Section 144.075 Section 144.076 Section 144.077 Section 144.078(c) Section 144.080 Section 144.081 Section 144.082 Section 144.083 Section 144.084 Section 144.085 Section 145.001 Section 145.002(1) Section 145.004(b) Section 145.006(c) Section 145.008(k) Section 145.009 Section 145.0095 Section 145.010 Sections 145.011(a) and (b) Section 145.012 Section 145.0122 Section 145.015 Chapter 345 Chapter 385 Chapter 441 Chapter 781 The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 351.005(c) Chapter 352 Sections 353.002(2) and (4) Section 353.005 Subchapter B, Chapter 353 Section 353.202 Section 353.2025 Section 353.203 Section 353.204(b) Section 353.205 EFFECTIVE DATE Except as otherwise provided, September 1, 2015.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 202
By: Nelson
Human Services
Committee Report (Unamended)
S.B. 202
By: Nelson
Human Services
Committee Report (Unamended)
BACKGROUND AND PURPOSE The Department of State Health Services (DSHS) has the broad mission to improve the health and wellbeing of Texans. This legislation contains statutory modifications based on the Sunset Commissions recommendations to reduce DSHS' role in occupational licensing and certain other regulatory functions to allow the agency to focus on its core public health mission.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted in this bill as follows: Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1.001 of this bill. Rulemaking authority is expressly granted to the Texas Board of Medical Radiologic Technology, as approved by the Texas Medical Board, in SECTIONS 2.012 and 2.036 of this bill. Rulemaking authority is expressly granted to the Texas Medical Board in SECTIONS 2.007, 2.068, 2.083, and 2.155 of this bill. Rulemaking authority is expressly granted to the Texas Physician Assistant Board in SECTION 2.034 of this bill. Rulemaking authority is expressly granted to the Texas Board of Respiratory Care, as approved by the Texas Medical Board, in SECTIONS 2.158, 2.160, 2.183, and 2.186 of this bill. It is the committee's opinion that rulemaking authority is transferred in this bill as follows: Rulemaking authority previously granted to the Texas Midwifery Board, as approved by the executive commissioner of the Health and Human Services Commission, is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.012, 1.017, 1.022, 1.024, and 1.029 of this bill. Rulemaking authority previously granted to the State Board of Examiners for SpeechLanguage Pathology and Audiology is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.053, 1.060, 1.063, 1.067, 1.071, 1.072, 1.075, and 1.076 of this bill. Rulemaking authority previously granted to the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, as approved by the executive commissioner of the Health and Human Services Commission, and the State Board of Examiners for SpeechLanguage Pathology and Audiology is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.054, 1.055, 1.091, and 1.092 of this bill. Rulemaking authority previously granted to the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, as approved by the executive commissioner of the Health and Human Services Commission, is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.095, 1.109, 1.114, 1.119, and 1.120 of this bill. Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.132, 1.141, 1.142, 1.223, 1.224, 1.227, 1.232, 1.233, 1.245, 1.247, 1.256, 1.263, 1.270, 1.280, 1.281, 1.282, 1.283, 1.284, 1.285, 1.286, 1.287, 1.288, 1.289, 1.290, and 1.295 of this bill. Rulemaking authority previously granted to the Advisory Board of Athletic Trainers is transferred to the Texas Commission of Licensing and Regulation in SECTION 1.160 of this bill. Rulemaking authority previously granted to the Texas Board of Orthotics and Prosthetics is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.186 and 1.187 of this bill. Rulemaking authority previously granted to the Texas State Board of Examiners of Dieticians is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.201, 1.205, 1.209, and 1.213 of this bill. Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Board of Medical Radiologic Technology, as approved by the Texas Medical Board, in SECTIONS 2.006, 2.011, 2.017, 2.022, 2.023, and 2.030 of this bill. Rulemaking authority previously granted to the Texas Board of Licensure for Professional Medical Physicists, as approved by the executive commissioner of the Health and Human Services Commission, is transferred to the Texas Medical Board in SECTIONS 2.061, 2.073, and 2.076 of this bill. Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Medical Board in SECTIONS 2.010, 2.102, 2.104, 2.106, 2.109, 2.111, 2.115, 2.117, 2.121, 2.124, 2.133, 2.135, 2.136 and 2.143 of this bill. Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Board of Respiratory Care, as approved by the Texas Medical Board, in SECTIONS 2.154, 2.156, 2.165, 2.172, and 2.178 of this bill.
ANALYSIS S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, was signed by the Governor on April 2, 2015, giving effect to the bill on that date. S.B. 202 makes technical and conforming changes to align with the changes in law enacted by S.B. 219. Article 1 Regulatory Programs Transferred to the Texas Department of Licensing and Regulation (TDLR) Part 1. Transfers during the biennium ending August 31, 2017 S.B. 202 transfers regulation of midwives; speechlanguage pathologists and audiologists; hearing instrument fitters and dispensers; dyslexia therapists and practitioners; athletic trainers; orthotists and prosthetists; and dieticians from DSHS to TDLR during the biennium ending August 31, 2017. The bill reconstitutes the existing associated boards and committees as advisory boards at TDLR and makes them responsible for providing advice and recommendations to TDLR on technical matters relevant to the administration of the laws associated with the regulatory programs. The bill specifies the advisory boards appointments and terms, including filling vacancies and selecting the presiding officer; duties; and meeting requirements. The bill makes changes to conform the statutory provisions relating to administration and enforcement for each of these regulatory programs to existing TDLR requirements and procedures. S.B. 202 transfers administration and enforcement of these regulatory programs to TDLRs executive director and transfers the associated rulemaking authority to the Texas Commission of Licensing and Regulation, and makes related conforming changes. The bill repeals provisions of law associated with the regulatory programs that duplicate or conflict with other provisions of law that currently apply to TDLR, and makes related conforming changes. The bill removes the separate Sunset dates for the regulatory programs subject to the Sunset Act and maintains certain requirements of DSHS in the Texas Midwifery Act. S.B. 202 prohibits the Texas Commission of Licensing and Regulation, until September 1, 2019, from adopting a new rule relating to the scope of practice of or a health-related standard of care for athletic trainers, dieticians, hearing instrument fitters and dispensers, midwives, orthotists and prosthetists, and speechlanguage pathologists and audiologists unless the rule has been proposed by the advisory board established for that profession. The bill requires the Texas Commission of Licensing and Regulation to adopt rules prescribing the procedure by which the specified advisory boards may propose these rules. The bill requires the Texas Commission of Licensing and Regulation, until September 1, 2019, to either adopt the rule as proposed or return it to the advisory board for revision, and specifies that the Texas Commission of Licensing and Regulation retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process. S.B. 202 requires the Texas Commission of Licensing and Regulation to adopt rules clearly specifying how TDLR and the Texas Commission of Licensing and Regulation will solicit input from, and on request provide information to, advisory boards established for athletic trainers, dieticians, hearing instrument fitters and dispensers, midwives, orthotists and prosthetists, and speechlanguage pathologists and audiologists regarding the general investigative, enforcement, or disciplinary procedures of TDLR or the Texas Commission of Licensing and Regulation. Part 2. Transfers during the biennium ending August 31, 2019 S.B. 202 transfers the regulation of offender education providers, laser hair removal, massage therapy, code enforcement officers, sanitarians, and mold assessors and remediators from DSHS to TDLR during the biennium ending August 31, 2019. The bill makes changes to conform the statutory provisions relating to administration and enforcement for each of these regulatory programs to existing TDLR requirements and procedures. S.B. 202 transfers administration and enforcement of these regulatory programs to TDLRs executive director and transfers the associated rulemaking authority to the Texas Commission of Licensing and Regulation. The bill repeals provisions of law associated with the regulatory programs that duplicate or conflict with other provisions of law that currently apply to TDLR, and makes related conforming changes. S.B. 202 authorizes TDLR to establish advisory committees to provide advice and recommendations to TDLR on technical matters relevant to the administration of the code enforcement officer and sanitarian regulatory programs. The changes in law made by Part 2 of Article 1 are effective September 1, 2017. Part 3. Transition Provisions For a program transferred under Article 1, S.B. 202 specifies that a rule or fee in effect on the effective date of the programs transfer remains in effect until changed by the Texas Commission of Licensing and Regulation; a license, permit, certificate of registration, or other authorization is continued in effect after the effective date of the transfer as one of TDLRs; and a complaint, investigation, contested case, or other proceeding before DSHS that is pending on the effective date of the transfer is transferred without change in status to TDLR or the Texas Commission of Licensing and Regulation, as appropriate. The bill also requires DSHS to provide TDLR with access to any systems or information necessary to accept a transferred program. S.B. 202 requires DSHS and TDLR, as soon as practicable after the effective date of a transfer to adopt a transition plan to provide for the orderly transfer of power, duties, functions, programs, and activities. The bill requires the transition plan to provide for the transfer to be completed by August 31, 2017 for a program transferred under Part 1 of Article 1, and by August 31, 2019 for a program transferred under Part 2 of Article 1. The bill establishes that on the date specified in the transition plan, if applicable, the existing board associated with the program is abolished and TDLR is required, as soon as practicable after that date, to appoint the advisory board for the program. The bill specifies that on the date established in the transition plan for the transfer of a particular program to TDLR, all fulltime equivalent employee positions at DSHS that primarily concern the administration or enforcement of the program being transferred become positions at TDLR. The bill requires TDLR to post the positions for hiring and, when filling the positions, to give consideration to an applicant who was an employee at DSHS primarily involved in administering or enforcing the transferred program immediately before the date of the transfer. The bill specifies TDLR is not required to hire these applicants. The bill requires TDLR to create a health professions division by August 31, 2017 to oversee programs transferred from DSHS and to ensure TDLR develops necessary healthrelated expertise. S.B. 202 requires TDLR to submit a report by December 1 of each year, until January 1, 2020, regarding the implementation of the transfers with respect to that calendar year. The bill specifies the detailed information the report must include and the recipients of the report. S.B. 202 requires TDLR, in preparing a report, to solicit input from DSHS and each advisory board or committee established to advise TDLR regarding a transferred program, and requires TDLR to make each report available to the public on TDLRs website. Article 2 Regulatory Programs Transferred to the Texas Medical Board (TMB) Medical Radiologic Technologists S.B. 202 transfers administration of the Medical Radiologic Technologist Certification Act from DSHS to TMB and specifies that the Medical Radiologic Technologist Certification Act expires on September 1, 2017 unless continued in existence by the Texas Sunset Act. The bill establishes the nine-member Texas Board of Medical Radiologic Technology as a governor-appointed advisory board to TMB. The bill specifies the appointment; membership eligibility and restrictions; terms; vacancies; officers; grounds for removal; per diem; application of open meetings, open records, and administrative procedure laws; meetings; quorum requirements; and training of the advisory board. S.B. 202 transfers the powers and duties of DSHS and the executive commissioner of the Health and Human Services Commission (HHSC), as applicable, in relation to the regulation of medical radiologic technologists and certain persons performing radiological procedures to the advisory board and TMB, as applicable, and makes related conforming changes. To conform statutory provisions relating to administration and enforcement for this regulatory program to TMB requirements and procedures, the bill adds or amends provisions relating to the issuance and renewal of certificates; the division of responsibilities and delegation of certain duties between the advisory board and TMB; public participation; guidelines for early involvement in the rulemaking process; complaints and investigative information; and disciplinary actions and proceedings. The bill repeals provisions of law associated with the regulatory program that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. The bill requires TMB to provide administrative and clerical employees as necessary to the advisory board. S.B. 202 requires the advisory board to adopt specified rules for the performance of the advisory boards duties relating to the regulation of medical radiologic technologists and certain persons performing radiological procedures. The bill requires the advisory board to review and approve or reject each application for the issuance or renewal of a certificate; issue each certificate; deny, suspend, or revoke a certificate or otherwise discipline a certificate holder; and take any action necessary to carry out the functions and duties of the advisory board. The bill requires an applicant to pass a jurisprudence examination approved by the advisory board. S.B. 202 authorizes the advisory board to delegate authority to TMB employees to issue certificates to applicants who clearly meet all certification requirements without formal advisory board approval, and specifies that if the TMB employees determine that the applicant does not clearly meet all certification requirements, the application must be returned to the advisory board. S.B. 202 authorizes the Texas Board of Medical Radiologic Technology to make a referral to the Texas Physician Health Program and to require participation in the program as a prerequisite for issuing or maintaining a certificate or other authorization. The bill requires the advisory board to adopt related procedures in rule. S.B. 202 requires TMB to adopt rules to regulate individuals who perform radiologic procedures and individuals who are licensed by TMB and supervise an individual who performs radiologic procedures. The bill requires TMB, by a majority vote, to approve or reject each rule adopted by the advisory board and specifies that if the rule is approved, it may take effect, and if it is rejected TMB must return the rule to the advisory board for revision. S.B. 202 requires TMB, rather than the executive commissioner of HHSC, with the assistance of the Texas Board of Nursing, the Texas Physician Assistant Board, and other appropriate state agencies, to identify by rule certain radiologic procedures that are dangerous or hazardous and that may be performed only by a practitioner, certified medical radiologic technologist, registered nurse, or licensed physician assistant. S.B. 202 requires an applicant for a certificate and an applicant for renewal of a certificate to undergo a fingerprintbased criminal history check before the advisory board may issue or renew a certificate. The bill authorizes the advisory board to enter into an agreement with the Department of Public Safety to administer the criminal history checks, and authorizes the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires the advisory board to adopt rules and guidelines on consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to applications or renewals of certificates filed on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose. S.B. 202 specifies the advisory boards minimum standards for approval of a curriculum or an education program to train certain individuals, registered nurses, and physician assistants to perform radiologic procedures do not have to include mandatory training guidelines for a registered nurse or licensed physician assistant who intentionally uses radiologic technology. The bill requires, rather than authorizes the Texas Board of Nursing to adopt rules governing registered nurses performing certain radiologic procedures, including rules establishing mandatory training guidelines; and requiring registered nurses performing certain radiologic procedures to register with the Texas Board of Nursing and to identify the practitioner ordering the procedures. S.B. 202 requires the Texas Physician Assistant Board to adopt rules governing licensed physician assistants performing certain radiologic procedures, including rules establishing mandatory training guidelines; and requiring licensed physician assistants performing certain radiologic procedures to register with the Texas Physician Assistant Board and to identify the practitioner ordering the procedures. The bill requires the Texas Physician Assistant Board to notify the agency licensing the practitioner that the physician assistant has registered. The bill specifies that Subchapter F, Chapter 601, Occupations Code applies to the Texas Physician Assistant Board and exempts the Texas Physician Assistant Board from the requirement to adopt rules to regulate the manner in which a persons who holds a license issued by the Texas Physician Assistant Board may order, instruct, or direct another person in the performance of a radiologic procedure. Medical Physicists S.B. 202 transfers the administration of the Medical Physics Practice Act from the Texas Board of Licensure for Professional Medical Physicists at DSHS to TMB and specifies that the Medical Physics Practice Act expires on September 1, 2017 unless continued in existence by the Texas Sunset Act. The bill abolishes the Texas Board of Licensure for Professional Medical Physicists and establishes the Medical Physicist Licensure Advisory Committee as an informal advisory committee to TMB. S.B. 202 specifies the advisory committee consists of seven members appointed by the president of TMB. The bill specifies appointment requirements; membership eligibility and restrictions; terms; vacancies; grounds for removal; compensation; officers; and meeting and quorum requirements of the advisory committee. The bill specifies the advisory committee has no independent rulemaking authority. S.B. 202 authorizes TMB to include any member of the advisory committee in a proceeding of TMB related to a power or duty related to the regulation of medical physicists if TMB considers the expertise of the advisory committee member to be beneficial in the proceeding. The bill subjects the advisory committee to the Open Meetings and Public Information Acts, except as otherwise provided. The bill exempts the advisory committee from Chapter 2110, Government Code. S.B. 202 transfers the powers and duties of the Texas Board of Licensure for Professional Medical Physicists, the executive secretary, DSHS, and the executive commissioner of HHSC related to the regulation of medical physicists to TMB, and makes related conforming changes. The bill requires TMB to adopt rules reasonably necessary to perform its duties in relation to the regulation of medical physicists, including procedural rules governing investigations, informal hearings, the issuance of cease and desist orders, and disciplinary sanctions; and rules governing character and conduct for applicants or license holders and fitness to practice medical physics. The bill requires TMB to establish the qualifications for a medical physicist to practice; minimum education and training requirements necessary for a license; and requirements for examinations for licensure. S.B. 202 requires TMB to prescribe the application form for a medical physicist license; issue, deny, renew, revoke, cancel, restrict, suspend, or accept the surrender of a license; charge fees that are reasonable and necessary to cover the costs of administering the regulation; conduct informal hearings for certain violations; and issue disciplinary sanctions, including agreed orders and non-disciplinary remedial plans. The bill requires TMB to establish procedures for making a confidential referral to the Texas Physician Health Program and for requiring participation in the program as a prerequisite for issuing or maintaining a medical physicist license. To conform statutory provisions relating to administration and enforcement for this regulatory program to certain TMB requirements and procedures, the bill adds or amends provisions of law relating to issuance and renewal of licenses; complaints and investigative information; and disciplinary actions and proceedings relating to medical physicists. The bill repeals provisions of law associated with the regulation of medical physicists that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. S.B. 202 requires an applicant for a license and license renewal to undergo a fingerprintbased criminal history check before TMB may issue or renew a license, unless the license holder has previously submitted fingerprints for the initial issuance or part of a prior renewal of the license. The bill authorizes TMB to enter into an agreement with the Department of Public Safety to administer the criminal history checks and authorize the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires TMB to adopt rules and guidelines as necessary regarding consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to license applications or renewals on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose. Perfusionists S.B. 202 transfers administration of the Licensed Perfusionists Act from the Texas State Perfusionist Advisory Committee at DSHS to TMB and specifies that the Licensed Perfusionists Act expires on September 1, 2017 unless continued in existences by the Texas Sunset Act. The bill abolishes the Texas State Perfusionist Advisory Committee and establishes the Perfusionist Licensure Advisory Committee as an informal advisory committee to TMB. The bill specifies the advisory committee consists of seven members appointed by the president of TMB. The bill specifies appointment requirements; membership eligibility and restrictions; terms; vacancies; grounds for removal; officers; and meeting requirements of the advisory committee. The bill specifies the advisory committee has no independent rulemaking authority. S.B. 202 authorizes TMB to include any member of the advisory committee in a proceeding of the medical board related to a power or duty related to the regulation of perfusionists if TMB considers the expertise of the advisory committee member to be beneficial in the proceeding. The bill provides limited exemptions from the Open Meetings and Public Information Acts relating to informal proceedings. The bill exempts the advisory committee from Chapter 2110, Government Code. S.B. 202 transfers the powers and duties of the Texas State Perfusionist Advisory Committee and the secretary and related duties of DSHS and the executive commissioner of HHSC to TMB and the executive director of TMB related to the regulation of perfusionists and makes related conforming changes. The bill authorizes TMB to adopt rules necessary to regulate the practice of perfusion, enforce the regulation of the practice, and perform its duties in relation to the regulation of perfusionists. S.B. 202 requires TMB to establish the qualifications for a perfusionist to practice in this state, including rules governing character and conduct for applicants or license holders and fitness of applicants or license holders to practice; issue, revoke, restrict, suspend, deny, cancel, or accept the surrender of a license; charge fees that are reasonable and necessary to cover the costs of regulation; and establish minimum education and training and examination requirements for licensure. The bill requires TMB to prescribe the application form for a license; adopt and publish a code of ethics; establish procedural rules governing investigations, informal hearings, the issuance of cease and desist orders, and disciplinary sanctions; conduct informal hearings for certain violations; and issue disciplinary sanctions, including agreed orders and non-disciplinary remedial plans. The bill requires TMB to establish procedures for making a confidential referral to the Texas Physician Health Program and for requiring participation in the program as a prerequisite for issuing or maintaining a perfusionist license. To conform statutory provisions relating to administration and enforcement for this regulatory program to certain TMB requirements and procedures, the bill adds or amends provisions of law relating to issuance and renewal of licenses; complaints and investigative information; and disciplinary actions and proceedings relating to perfusionists. The bill repeals provisions of law associated with the regulation of perfusionists that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. The bill requires an applicant for a license and license renewal to undergo a fingerprintbased criminal history check before TMB may issue or renew a license, unless the license holder has previously submitted fingerprints for the initial issuance or part of a prior renewal of the license. The bill authorizes TMB to enter into an agreement with the Department of Public Safety to administer the criminal history checks and authorize the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires TMB to adopt rules and guidelines as necessary regarding consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to license applications or renewals on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose. Respiratory Care Practitioners S.B. 202 transfers the administration of Chapter 604, Occupations Code, relating to the certification and permitting of respiratory care practitioners from DSHS to TMB and specifies that Chapter 604, Occupations Code expires on September 1, 2017 unless continued in existence by the Texas Sunset Act. The bill establishes the nine-member Texas Board of Respiratory Care as a governor-appointed advisory board to TMB. The bill specifies the appointment; membership eligibility and restrictions; terms; vacancies; officers; grounds for removal; per diem; application of open meetings, open records, and administrative procedure laws; meetings; quorum requirements; and training of the advisory board. S.B. 202 transfers the powers and duties of DSHS and the executive commissioner of HHSC, as applicable, in relation to the certification and permitting of respiratory care practitioners to the advisory board and TMB, as applicable, and makes related conforming changes. To conform statutory provisions relating to administration and enforcement for this regulatory program to certain TMB requirements and procedures, the bill adds or amends provisions relating to the issuance and renewal of certificates and temporary permits; the division of responsibilities and delegation of certain duties between the advisory board and TMB; public participation; guidelines for early involvement in the rulemaking process; complaints and investigative information; and disciplinary actions and proceedings. The bill repeals provisions of law associated with the certification and permitting program that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. The bill requires TMB to provide administrative and clerical employees as necessary to the advisory board. S.B. 202 requires the advisory board to adopt specified rules for the performance of the advisory boards duties. The bill requires the advisory board to review and approve or reject each application for the issuance or renewal of a certificate or temporary permit; adopt procedures for the issuance or renewal of each certificate or permit; deny, suspend, restrict, cancel, or revoke a certificate or temporary permit or otherwise discipline a certificate or permit holder; and take any other action necessary to carry out the functions and duties of the advisory board. The bill requires an applicant for a certificate or temporary permit to pass a jurisprudence examination approved by the advisory board. S.B. 202 authorizes the advisory board to delegate authority to TMB employees to issue certificates or temporary permits to applicants who clearly meet all applicable requirements without formal advisory board approval, and specifies that if the TMB employees determine that the applicant does not clearly meet all applicable requirements, the application must be returned to the advisory board. S.B. 202 authorizes the advisory board to use the Texas Physician Health Program as the advisory boards peer assistant program. The bill authorizes the advisory board, by rule, to establish procedures for making a confidential referral to the program and for requiring participation in the program as a prerequisite for issuing or maintaining a certificate or temporary permit. S.B. 202 requires TMB to adopt rules to regulate respiratory care practitioners and physicians who supervise respiratory care practitioners. The bill requires TMB, by a majority vote, to approve or reject each rule adopted by the advisory board and specifies that if the rule is approved, it may take effect, and if it is rejected TMB must return the rule to the advisory board for revision. S.B. 202 requires an applicant for a certificate or temporary permit or an applicant for a renewal of a certificate or temporary permit to undergo a fingerprintbased criminal history check before the advisory board may issue or renew a certificate or temporary permit. The bill authorizes the advisory board to enter into an agreement with the Department of Public Safety to administer the criminal history checks, and authorizes the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires the advisory board to adopt rules and guidelines on consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to applications or renewals of a certificate or permit filed on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose. Transition Provisions S.B. 202 specifies that rules and fees; licenses, certificates, or permits; and complaints, investigations, contested cases, or other proceedings continue or remain in effect, or transfer without change in status from DSHS to TMB, the Texas Board of Medical Radiologic Technology, or the Texas Board of Respiratory Care, as appropriate. S.B. 202 requires DSHS and TMB to adopt a transition plan to provide for the orderly transfer of powers, duties, functions, programs, and activities and for the transition plan to provide for the transfer to be completed as soon as practicable after the effective date of the Act. The bill requires DSHS to provide TMB with access to any systems or information necessary for TMB to accept a transferred program. The bill abolishes the Texas Board of Licensure for Professional Medical Physicists and the Texas State Perfusionist Advisory Committee on the effective date of the Act and requires the governor and president of TMB, as appropriate, to appoint members to the Texas Board of Medical Radiologic Technology, the Medical Physicist Licensure Advisory Committee, the Perfusionist Licensure Advisory Committee, and the Texas Board of Respiratory Care as soon as practicable after the effective date of the Act. The bill specifies that on the effective date of the Act, all fulltime equivalent employee positions at DSHS that primarily concern the administration or enforcement of the applicable law being transferred become positions at TMB. The bill requires TMB to post the positions for hiring and, when filling the positions, to give consideration to an applicant who, immediately before the effective date of this Act, was an employee at DSHS primarily involved in administering or enforcing the applicable law. The bill specifies that TMB is not required to hire these applicants. Article 3 Deregulation of certain activities and occupations S.B. 202 repeals provisions and makes conforming changes to discontinue state involvement in the licensing, permitting, and certification of registration, or other authorization of the following activities and occupations: indoor air quality in state buildings; rendering; tanning bed facilities; bottled and vended water certifications; personal emergency response systems; opticians; contact lens dispensers; and bedding. S.B. 202 changes the required wording on warning signs that must be posted in tanning facilities and at each tanning device by removing references to DSHS and its toll-free number and replacing it with specified wording to contact local law enforcement or local health authorities if a violation of law relating to the operation of a tanning facility is suspected. S.B. 202 specifies that a license, permit, certification of registration, or other authorization issued under a law that is repealed through this article of this Act expires on the effective date of the Act, but that the changes made by the bill would not affect the validity of a disciplinary action taken, offense committed, or fee paid before the effective date of the Act and that is pending before a court or other governmental entity on the effective date of the Act. The bill specifies that an offense under or other violation of a law that is repealed by this article of this Act is governed by the law in effect when the violation was committed, and continues the former law for that purpose. The bill specifies that an offense or violation was committed before the effective date of the Act if any element of the offense or violation occurred before that date. The bill provides that a repeal of a law by this article of the Act does not entitle a person to a refund of an application, licensing, or other fee paid by the person before the effective date of the Act. Article 4 Effective Date Except as otherwise provided, September 1, 2015. Repealers Article 1. Part 1. The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 203.006 Section 203.051 Section 203.053 Section 203.054 Section 203.057 Section 203.058 Section 203.060 Subchapter C, Chapter 203 Section 203.151(b) Section 203.1515 Section 203.152(a) Sections 203.155(a) and (c) Section 203.156 Section 203.158 Section 203.159 Section 203.160 Section 203.161 Subchapter E, Chapter 203 Section 203.255(b) Section 203.2556 Section 203.302 Section 203.303 Section 203.405 Subchapter J, Chapter 203 Section 203.502(c) Section 203.505(a) Section 401.002 Section 401.101 Section 401.103 Section 401.104 Section 401.106 Section 401.109 Section 401.110 Subchapter D, Chapter 401 Section 401.201(b) Sections 401.203(a) and (b) Section 401.204 Section 401.205 Section 401.206 Section 401.207 Section 401.252 Sections 401.253(b), (c), (d), and (e) Sections 401.2535(a), (b), (c), (d), (e), (f), and (g) Section 401.254 Section 401.306 Section 401.307(c) Section 401.313 Section 401.315 Sections 401.352(b) and (c) Section 401.353 Section 401.354 Section 401.405 Section 401.451(b) Section 401.452 Section 401.4531 Section 401.454 Section 401.455 Section 401.456 Section 401.457 Section 401.458 Section 401.459 Section 401.460 Section 401.502 Section 401.5022 Section 401.551 Section 401.553 Section 401.554 Section 401.555 Section 401.556 Section 401.557 Section 401.558 Section 401.559 Section 401.560 Section 401.561 Section 402.002 Section 402.052 Section 402.053 Section 402.054 Section 402.056 Section 402.0581 Section 402.059 Section 402.060 Section 402.061 Section 402.102 Section 402.1022 Sections 402.103(a) and (b) Section 402.105 Section 402.106 Section 402.151 Section 402.1511 Section 402.153 Sections 402.154(a), (b), (c), (d), (e), (f), and (g) Section 402.205(d) Section 402.206 Sections 402.209(b) and (g) Section 402.257(b) Sections 402.301(b), (c), (d), and (e) Section 402.303(f) Section 402.354 Section 402.452 Section 402.502 Section 402.503 Section 402.504 Section 402.505 Section 402.506 Sections 402.551(a) and (c) Section 402.552 Section 402.5522 Section 402.553(b) Section 403.002 Section 403.053 Section 403.109 Section 403.201 Section 403.205 Section 403.206 Section 403.208 Section 403.210 Section 403.211 Section 403.252 Section 451.051(a) Section 451.0511 Section 451.0512 Section 451.0513 Section 451.052 Section 451.054 Section 451.057 Sections 451.101(b) and (c) Section 451.1015 Section 451.1016 Section 451.102 Section 451.103 Section 451.1035 Section 451.104 Section 451.105 Section 451.106 Section 451.108 Section 451.109 Sections 451.110(a), (b), (c), (d), (e), (f), and (g) Section 451.155 Section 451.201(b) Section 451.202 Section 451.203 Section 451.204 Section 451.2512 Section 451.252 Section 451.253 Section 451.254 Section 451.255 Sections 451.351(a), (b), (e), (f), (g), (h), (i), (j), (k), and (l) Section 451.352 Section 605.003 Section 605.051 Section 605.053 Section 605.054 Section 605.057 Section 605.058 Section 605.059(a) Section 605.060 Section 605.061 Subchapter C, Chapter 605 Section 605.152 Section 605.153 Section 605.154 Section 605.201 Section 605.202 Sections 605.2021(a), (b), (c), (d), (e), (f), and (g) Section 605.203 Section 605.253 Section 605.254(b) Section 605.255(c) Section 605.259(b) Section 605.3535 Section 605.355 Section 605.401 Section 605.403 Section 605.404 Section 605.405 Section 605.406 Section 605.407 Section 605.408 Section 605.409 Section 605.410 Section 605.411 Section 701.003 Section 701.052 Section 701.053 Section 701.055 Section 701.056 Section 701.059 Subchapter C, Chapter 701 Section 701.152 Section 701.153 Section 701.1535 Section 701.156 Section 701.157 Section 701.159 Section 701.160 Section 701.161 Section 701.201 Section 701.202 Section 701.203 Section 701.204 Sections 701.2041(a), (b), (c), (d), (e), (f), and (g) Section 701.205 Section 701.206 Section 701.256 Section 701.261 Sections 701.301(b), (c), (d), (e), and (f) Section 701.302 Section 701.402 Section 701.404 Section 701.405 Section 701.406 Section 701.407 Section 701.408 Section 701.452 Section 701.453 Section 701.501 Section 701.502(c) Section 701.503 Section 701.504 Section 701.505 Section 701.506 Section 701.507 Section 701.508 Section 701.509 Section 701.510 Section 701.511 Article 1. Part 2. The following provisions of the Health and Safety Code are repealed: Section 401.509 Section 401.511 Sections 401.512(b) and (c) Sections 401.522(b) and (c) The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 455.051 Section 455.056 Section 455.057 Section 455.058 Section 455.1565 Section 455.1571 Sections 455.160(b), (c), (d), (e), (f), and (g) Section 455.161 Section 455.252 Section 455.253 Section 455.254 Section 455.301 Section 455.303 Section 455.304 Section 455.305 Section 455.306 Section 455.307 Section 455.308 Section 455.309 Section 455.310 Section 455.311 Section 1952.052 Section 1952.054 Section 1952.105(b) Section 1952.152 Section 1952.251 Section 1952.253 Section 1952.254 Section 1952.255 Section 1952.256 Section 1952.257 Section 1952.258 Section 1952.259 Section 1952.260 Section 1952.261 Section 1953.0511 Section 1953.052 Section 1953.054 Section 1953.055 Section 1953.103 Section 1953.106(b) Section 1953.152 Section 1953.202 Section 1953.301 Section 1953.303 Section 1953.304 Section 1953.305 Section 1953.306 Section 1953.307 Section 1953.308 Section 1953.309 Section 1953.310 Section 1953.311 Section 1958.053 Section 1958.055(a) Section 1958.057 Section 1958.107 Section 1958.251 Section 1958.254 Section 1958.255 Section 1958.256 Section 1958.257 Section 1958.258 Section 1958.302 Article 2 The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Sections 601.002(2) and (5) Section 601.051 Section 601.053 Section 601.056(b) Section 601.103 Section 602.002 (1-a) and (2) Sections 602.052(b) and (c) Sections 602.053(a), (b), and (c) Section 602.056(c) Section 602.059 Subchapter C, Chapter 602 Sections 602.1525(b), (c), (d), (e), (f), and (g) Section 602.155 Section 602.204 Sections 603.002(1) and (4) Section 603.005 Section 603.054(c) Section 603.058 Subchapter C, Chapter 603 Section 603.154(b) Section 603.158 Section 603.159 Sections 603.2041(b), (c), (d), (f), and (g) Section 604.051 Sections 604.052(b) and (c) Section 604.056 Article 3 The following provisions of the Government Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 2165.301(2) Section 2165.302 Section 2165.304 The following provisions of the Health and Safety Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 144.001 Subchapter B, Chapter 144 Sections 144.023(d) and (e) Section 144.031 Subchapter D, Chapter 144 Subchapter E, Chapter 144 Subchapter F, Chapter 144 Section 144.071 Section 144.072 Section 144.073 Section 144.074 Section 144.075 Section 144.076 Section 144.077 Section 144.078(c) Section 144.080 Section 144.081 Section 144.082 Section 144.083 Section 144.084 Section 144.085 Section 145.001 Section 145.002(1) Section 145.004(b) Section 145.006(c) Section 145.008(k) Section 145.009 Section 145.0095 Section 145.010 Sections 145.011(a) and (b) Section 145.012 Section 145.0122 Section 145.015 Chapter 345 Chapter 385 Chapter 441 Chapter 781 The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed: Section 351.005(c) Chapter 352 Sections 353.002(2) and (4) Section 353.005 Subchapter B, Chapter 353 Section 353.202 Section 353.2025 Section 353.203 Section 353.204(b) Section 353.205 Section 203.006 Section 203.051 Section 203.053 Section 203.054 Section 203.057 Section 203.058 Section 203.060 Subchapter C, Chapter 203 Section 203.151(b) Section 203.1515 Section 203.152(a) Sections 203.155(a) and (c) Section 203.156 Section 203.158 Section 203.159 Section 203.160 Section 203.161 Subchapter E, Chapter 203 Section 203.255(b) Section 203.2556 Section 203.302 Section 203.303 Section 203.405 Subchapter J, Chapter 203 Section 203.502(c) Section 203.505(a) Section 401.002 Section 401.101 Section 401.103 Section 401.104 Section 401.106 Section 401.109 Section 401.110 Subchapter D, Chapter 401 Section 401.201(b) Sections 401.203(a) and (b) Section 401.204 Section 401.205 Section 401.206 Section 401.207 Section 401.252 Sections 401.253(b), (c), (d), and (e) Sections 401.2535(a), (b), (c), (d), (e), (f), and (g) Section 401.254 Section 401.306 Section 401.307(c) Section 401.313 Section 401.315 Sections 401.352(b) and (c) Section 401.353 Section 401.354 Section 401.405 Section 401.451(b) Section 401.452 Section 401.4531 Section 401.454 Section 401.455 Section 401.456 Section 401.457 Section 401.458 Section 401.459 Section 401.460 Section 401.502 Section 401.5022 Section 401.551 Section 401.553 Section 401.554 Section 401.555 Section 401.556 Section 401.557 Section 401.558 Section 401.559 Section 401.560 Section 401.561 Section 402.002 Section 402.052 Section 402.053 Section 402.054 Section 402.056 Section 402.0581 Section 402.059 Section 402.060 Section 402.061 Section 402.102 Section 402.1022 Sections 402.103(a) and (b) Section 402.105 Section 402.106 Section 402.151 Section 402.1511 Section 402.153 Sections 402.154(a), (b), (c), (d), (e), (f), and (g) Section 402.205(d) Section 402.206 Sections 402.209(b) and (g) Section 402.257(b) Sections 402.301(b), (c), (d), and (e) Section 402.303(f) Section 402.354 Section 402.452 Section 402.502 Section 402.503 Section 402.504 Section 402.505 Section 402.506 Sections 402.551(a) and (c) Section 402.552 Section 402.5522 Section 402.553(b) Section 403.002 Section 403.053 Section 403.109 Section 403.201 Section 403.205 Section 403.206 Section 403.208 Section 403.210 Section 403.211 Section 403.252 Section 451.051(a) Section 451.0511 Section 451.0512 Section 451.0513 Section 451.052 Section 451.054 Section 451.057 Sections 451.101(b) and (c) Section 451.1015 Section 451.1016 Section 451.102 Section 451.103 Section 451.1035 Section 451.104 Section 451.105 Section 451.106 Section 451.108 Section 451.109 Sections 451.110(a), (b), (c), (d), (e), (f), and (g) Section 451.155 Section 451.201(b) Section 451.202 Section 451.203 Section 451.204 Section 451.2512 Section 451.252 Section 451.253 Section 451.254 Section 451.255 Sections 451.351(a), (b), (e), (f), (g), (h), (i), (j), (k), and (l) Section 451.352 Section 605.003 Section 605.051 Section 605.053 Section 605.054 Section 605.057 Section 605.058 Section 605.059(a) Section 605.060 Section 605.061 Subchapter C, Chapter 605 Section 605.152 Section 605.153 Section 605.154 Section 605.201 Section 605.202 Sections 605.2021(a), (b), (c), (d), (e), (f), and (g) Section 605.203 Section 605.253 Section 605.254(b) Section 605.255(c) Section 605.259(b) Section 605.3535 Section 605.355 Section 605.401 Section 605.403 Section 605.404 Section 605.405 Section 605.406 Section 605.407 Section 605.408 Section 605.409 Section 605.410 Section 605.411 Section 701.003 Section 701.052 Section 701.053 Section 701.055 Section 701.056 Section 701.059 Subchapter C, Chapter 701 Section 701.152 Section 701.153 Section 701.1535 Section 701.156 Section 701.157 Section 701.159 Section 701.160 Section 701.161 Section 701.201 Section 701.202 Section 701.203 Section 701.204 Sections 701.2041(a), (b), (c), (d), (e), (f), and (g) Section 701.205 Section 701.206 Section 701.256 Section 701.261 Sections 701.301(b), (c), (d), (e), and (f) Section 701.302 Section 701.402 Section 701.404 Section 701.405 Section 701.406 Section 701.407 Section 701.408 Section 701.452 Section 701.453 Section 701.501 Section 701.502(c) Section 701.503 Section 701.504 Section 701.505 Section 701.506 Section 701.507 Section 701.508 Section 701.509 Section 701.510 Section 701.511 Section 401.509 Section 401.511 Sections 401.512(b) and (c) Sections 401.522(b) and (c) Section 455.051 Section 455.056 Section 455.057 Section 455.058 Section 455.1565 Section 455.1571 Sections 455.160(b), (c), (d), (e), (f), and (g) Section 455.161 Section 455.252 Section 455.253 Section 455.254 Section 455.301 Section 455.303 Section 455.304 Section 455.305 Section 455.306 Section 455.307 Section 455.308 Section 455.309 Section 455.310 Section 455.311 Section 1952.052 Section 1952.054 Section 1952.105(b) Section 1952.152 Section 1952.251 Section 1952.253 Section 1952.254 Section 1952.255 Section 1952.256 Section 1952.257 Section 1952.258 Section 1952.259 Section 1952.260 Section 1952.261 Section 1953.0511 Section 1953.052 Section 1953.054 Section 1953.055 Section 1953.103 Section 1953.106(b) Section 1953.152 Section 1953.202 Section 1953.301 Section 1953.303 Section 1953.304 Section 1953.305 Section 1953.306 Section 1953.307 Section 1953.308 Section 1953.309 Section 1953.310 Section 1953.311 Section 1958.053 Section 1958.055(a) Section 1958.057 Section 1958.107 Section 1958.251 Section 1958.254 Section 1958.255 Section 1958.256 Section 1958.257 Section 1958.258 Section 1958.302 Sections 601.002(2) and (5) Section 601.051 Section 601.053 Section 601.056(b) Section 601.103 Section 602.002 (1-a) and (2) Sections 602.052(b) and (c) Sections 602.053(a), (b), and (c) Section 602.056(c) Section 602.059 Subchapter C, Chapter 602 Sections 602.1525(b), (c), (d), (e), (f), and (g) Section 602.155 Section 602.204 Sections 603.002(1) and (4) Section 603.005 Section 603.054(c) Section 603.058 Subchapter C, Chapter 603 Section 603.154(b) Section 603.158 Section 603.159 Sections 603.2041(b), (c), (d), (f), and (g) Section 604.051 Sections 604.052(b) and (c) Section 604.056 Section 2165.301(2) Section 2165.302 Section 2165.304 Section 144.001 Subchapter B, Chapter 144 Sections 144.023(d) and (e) Section 144.031 Subchapter D, Chapter 144 Subchapter E, Chapter 144 Subchapter F, Chapter 144 Section 144.071 Section 144.072 Section 144.073 Section 144.074 Section 144.075 Section 144.076 Section 144.077 Section 144.078(c) Section 144.080 Section 144.081 Section 144.082 Section 144.083 Section 144.084 Section 144.085 Section 145.001 Section 145.002(1) Section 145.004(b) Section 145.006(c) Section 145.008(k) Section 145.009 Section 145.0095 Section 145.010 Sections 145.011(a) and (b) Section 145.012 Section 145.0122 Section 145.015 Chapter 345 Chapter 385 Chapter 441 Chapter 781 Section 351.005(c) Chapter 352 Sections 353.002(2) and (4) Section 353.005 Subchapter B, Chapter 353 Section 353.202 Section 353.2025 Section 353.203 Section 353.204(b) Section 353.205
Section 203.006 Section 203.051 Section 203.053
Section 203.054 Section 203.057 Section 203.058
Section 203.060 Subchapter C, Chapter 203 Section 203.151(b)
Section 203.1515 Section 203.152(a) Sections 203.155(a) and (c)
Section 203.156 Section 203.158 Section 203.159
Section 203.160 Section 203.161 Subchapter E, Chapter 203
Section 203.255(b) Section 203.2556 Section 203.302
Section 203.303 Section 203.405 Subchapter J, Chapter 203
Section 203.502(c) Section 203.505(a) Section 401.002
Section 401.101 Section 401.103 Section 401.104
Section 401.106 Section 401.109 Section 401.110
Subchapter D, Chapter 401 Section 401.201(b) Sections 401.203(a) and (b)
Section 401.204 Section 401.205 Section 401.206
Section 401.207 Section 401.252 Sections 401.253(b), (c), (d), and (e)
Sections 401.2535(a), (b), (c), (d), (e), (f), and (g) Section 401.254 Section 401.306
Section 401.307(c) Section 401.313 Section 401.315
Sections 401.352(b) and (c) Section 401.353
Section 401.354 Section 401.405 Section 401.451(b)
Section 401.452 Section 401.4531 Section 401.454
Section 401.455 Section 401.456 Section 401.457
Section 401.458 Section 401.459 Section 401.460
Section 401.502 Section 401.5022 Section 401.551
Section 401.553 Section 401.554 Section 401.555
Section 401.556 Section 401.557 Section 401.558
Section 401.559 Section 401.560 Section 401.561
Section 402.002 Section 402.052 Section 402.053
Section 402.054 Section 402.056 Section 402.0581
Section 402.059 Section 402.060 Section 402.061
Section 402.102 Section 402.1022 Sections 402.103(a) and (b)
Section 402.105 Section 402.106 Section 402.151
Section 402.1511 Section 402.153 Sections 402.154(a), (b), (c), (d), (e), (f), and (g)
Section 402.205(d) Section 402.206 Sections 402.209(b) and (g)
Section 402.257(b) Sections 402.301(b), (c), (d), and (e) Section 402.303(f)
Section 402.354 Section 402.452 Section 402.502
Section 402.503 Section 402.504 Section 402.505
Section 402.506 Sections 402.551(a) and (c) Section 402.552
Section 402.5522 Section 402.553(b) Section 403.002
Section 403.053 Section 403.109 Section 403.201
Section 403.205 Section 403.206 Section 403.208
Section 403.210 Section 403.211 Section 403.252
Section 451.051(a) Section 451.0511 Section 451.0512
Section 451.0513 Section 451.052 Section 451.054
Section 451.057 Sections 451.101(b) and (c) Section 451.1015
Section 451.1016 Section 451.102 Section 451.103
Section 451.1035 Section 451.104 Section 451.105
Section 451.106 Section 451.108 Section 451.109
Sections 451.110(a), (b), (c), (d), (e), (f), and (g) Section 451.155 Section 451.201(b)
Section 451.202 Section 451.203 Section 451.204
Section 451.2512 Section 451.252 Section 451.253
Section 451.254 Section 451.255 Sections 451.351(a), (b), (e), (f), (g), (h), (i), (j), (k), and (l)
Section 451.352 Section 605.003 Section 605.051
Section 605.053 Section 605.054 Section 605.057
Section 605.058 Section 605.059(a) Section 605.060
Section 605.061 Subchapter C, Chapter 605 Section 605.152
Section 605.153 Section 605.154 Section 605.201
Section 605.202 Sections 605.2021(a), (b), (c), (d), (e), (f), and (g) Section 605.203
Section 605.253 Section 605.254(b) Section 605.255(c)
Section 605.259(b) Section 605.3535 Section 605.355
Section 605.401 Section 605.403 Section 605.404
Section 605.405 Section 605.406 Section 605.407
Section 605.408 Section 605.409 Section 605.410
Section 605.411 Section 701.003 Section 701.052
Section 701.053 Section 701.055 Section 701.056
Section 701.059 Subchapter C, Chapter 701 Section 701.152
Section 701.153 Section 701.1535 Section 701.156
Section 701.157 Section 701.159 Section 701.160
Section 701.161 Section 701.201 Section 701.202
Section 701.203 Section 701.204 Sections 701.2041(a), (b), (c), (d), (e), (f), and (g)
Section 701.205 Section 701.206 Section 701.256
Section 701.261 Sections 701.301(b), (c), (d), (e), and (f) Section 701.302
Section 701.402 Section 701.404 Section 701.405
Section 701.406 Section 701.407 Section 701.408
Section 701.452 Section 701.453 Section 701.501
Section 701.502(c) Section 701.503 Section 701.504
Section 701.505 Section 701.506 Section 701.507
Section 701.508 Section 701.509 Section 701.510
Section 701.511
Section 401.509 Section 401.511 Sections 401.512(b) and (c)
Sections 401.522(b) and (c)
Section 455.051 Section 455.056 Section 455.057
Section 455.058 Section 455.1565 Section 455.1571
Sections 455.160(b), (c), (d), (e), (f), and (g) Section 455.161 Section 455.252
Section 455.253 Section 455.254 Section 455.301
Section 455.303 Section 455.304 Section 455.305
Section 455.306 Section 455.307 Section 455.308
Section 455.309 Section 455.310 Section 455.311
Section 1952.052 Section 1952.054 Section 1952.105(b)
Section 1952.152 Section 1952.251 Section 1952.253
Section 1952.254 Section 1952.255 Section 1952.256
Section 1952.257 Section 1952.258 Section 1952.259
Section 1952.260 Section 1952.261 Section 1953.0511
Section 1953.052 Section 1953.054 Section 1953.055
Section 1953.103 Section 1953.106(b) Section 1953.152
Section 1953.202 Section 1953.301 Section 1953.303
Section 1953.304 Section 1953.305 Section 1953.306
Section 1953.307 Section 1953.308 Section 1953.309
Section 1953.310 Section 1953.311 Section 1958.053
Section 1958.055(a) Section 1958.057 Section 1958.107
Section 1958.251 Section 1958.254 Section 1958.255
Section 1958.256 Section 1958.257 Section 1958.258
Section 1958.302
Sections 601.002(2) and (5) Section 601.051 Section 601.053
Section 601.056(b) Section 601.103 Section 602.002 (1-a) and (2)
Sections 602.052(b) and (c) Sections 602.053(a), (b), and (c) Section 602.056(c)
Section 602.059 Subchapter C, Chapter 602 Sections 602.1525(b), (c), (d), (e), (f), and (g)
Section 602.155 Section 602.204 Sections 603.002(1) and (4)
Section 603.005 Section 603.054(c) Section 603.058
Subchapter C, Chapter 603 Section 603.154(b) Section 603.158
Section 603.159 Sections 603.2041(b), (c), (d), (f), and (g) Section 604.051
Sections 604.052(b) and (c) Section 604.056
Section 2165.301(2) Section 2165.302 Section 2165.304
Section 144.001 Subchapter B, Chapter 144 Sections 144.023(d) and (e)
Section 144.031 Subchapter D, Chapter 144 Subchapter E, Chapter 144
Subchapter F, Chapter 144 Section 144.071 Section 144.072
Section 144.073 Section 144.074 Section 144.075
Section 144.076 Section 144.077 Section 144.078(c)
Section 144.080 Section 144.081 Section 144.082
Section 144.083 Section 144.084 Section 144.085
Section 145.001 Section 145.002(1) Section 145.004(b)
Section 145.006(c) Section 145.008(k) Section 145.009
Section 145.0095 Section 145.010 Sections 145.011(a) and (b)
Section 145.012 Section 145.0122 Section 145.015
Chapter 345 Chapter 385 Chapter 441
Chapter 781
Section 351.005(c) Chapter 352 Sections 353.002(2) and (4)
Section 353.005 Subchapter B, Chapter 353 Section 353.202
Section 353.2025 Section 353.203 Section 353.204(b)
Section 353.205
EFFECTIVE DATE Except as otherwise provided, September 1, 2015.
BACKGROUND AND PURPOSE
The Department of State Health Services (DSHS) has the broad mission to improve the health and wellbeing of Texans. This legislation contains statutory modifications based on the Sunset Commissions recommendations to reduce DSHS' role in occupational licensing and certain other regulatory functions to allow the agency to focus on its core public health mission.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted in this bill as follows:
Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1.001 of this bill.
Rulemaking authority is expressly granted to the Texas Board of Medical Radiologic Technology, as approved by the Texas Medical Board, in SECTIONS 2.012 and 2.036 of this bill.
Rulemaking authority is expressly granted to the Texas Medical Board in SECTIONS 2.007, 2.068, 2.083, and 2.155 of this bill.
Rulemaking authority is expressly granted to the Texas Physician Assistant Board in SECTION 2.034 of this bill.
Rulemaking authority is expressly granted to the Texas Board of Respiratory Care, as approved by the Texas Medical Board, in SECTIONS 2.158, 2.160, 2.183, and 2.186 of this bill.
It is the committee's opinion that rulemaking authority is transferred in this bill as follows:
Rulemaking authority previously granted to the Texas Midwifery Board, as approved by the executive commissioner of the Health and Human Services Commission, is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.012, 1.017, 1.022, 1.024, and 1.029 of this bill.
Rulemaking authority previously granted to the State Board of Examiners for SpeechLanguage Pathology and Audiology is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.053, 1.060, 1.063, 1.067, 1.071, 1.072, 1.075, and 1.076 of this bill.
Rulemaking authority previously granted to the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, as approved by the executive commissioner of the Health and Human Services Commission, and the State Board of Examiners for SpeechLanguage Pathology and Audiology is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.054, 1.055, 1.091, and 1.092 of this bill.
Rulemaking authority previously granted to the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, as approved by the executive commissioner of the Health and Human Services Commission, is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.095, 1.109, 1.114, 1.119, and 1.120 of this bill.
Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.132, 1.141, 1.142, 1.223, 1.224, 1.227, 1.232, 1.233, 1.245, 1.247, 1.256, 1.263, 1.270, 1.280, 1.281, 1.282, 1.283, 1.284, 1.285, 1.286, 1.287, 1.288, 1.289, 1.290, and 1.295 of this bill.
Rulemaking authority previously granted to the Advisory Board of Athletic Trainers is transferred to the Texas Commission of Licensing and Regulation in SECTION 1.160 of this bill.
Rulemaking authority previously granted to the Texas Board of Orthotics and Prosthetics is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.186 and 1.187 of this bill.
Rulemaking authority previously granted to the Texas State Board of Examiners of Dieticians is transferred to the Texas Commission of Licensing and Regulation in SECTIONS 1.201, 1.205, 1.209, and 1.213 of this bill.
Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Board of Medical Radiologic Technology, as approved by the Texas Medical Board, in SECTIONS 2.006, 2.011, 2.017, 2.022, 2.023, and 2.030 of this bill.
Rulemaking authority previously granted to the Texas Board of Licensure for Professional Medical Physicists, as approved by the executive commissioner of the Health and Human Services Commission, is transferred to the Texas Medical Board in SECTIONS 2.061, 2.073, and 2.076 of this bill.
Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Medical Board in SECTIONS 2.010, 2.102, 2.104, 2.106, 2.109, 2.111, 2.115, 2.117, 2.121, 2.124, 2.133, 2.135, 2.136 and 2.143 of this bill.
Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is transferred to the Texas Board of Respiratory Care, as approved by the Texas Medical Board, in SECTIONS 2.154, 2.156, 2.165, 2.172, and 2.178 of this bill.
ANALYSIS
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, was signed by the Governor on April 2, 2015, giving effect to the bill on that date. S.B. 202 makes technical and conforming changes to align with the changes in law enacted by S.B. 219.
Article 1 Regulatory Programs Transferred to the Texas Department of Licensing and Regulation (TDLR)
Part 1. Transfers during the biennium ending August 31, 2017
S.B. 202 transfers regulation of midwives; speechlanguage pathologists and audiologists; hearing instrument fitters and dispensers; dyslexia therapists and practitioners; athletic trainers; orthotists and prosthetists; and dieticians from DSHS to TDLR during the biennium ending August 31, 2017. The bill reconstitutes the existing associated boards and committees as advisory boards at TDLR and makes them responsible for providing advice and recommendations to TDLR on technical matters relevant to the administration of the laws associated with the regulatory programs. The bill specifies the advisory boards appointments and terms, including filling vacancies and selecting the presiding officer; duties; and meeting requirements. The bill makes changes to conform the statutory provisions relating to administration and enforcement for each of these regulatory programs to existing TDLR requirements and procedures. S.B. 202 transfers administration and enforcement of these regulatory programs to TDLRs executive director and transfers the associated rulemaking authority to the Texas Commission of Licensing and Regulation, and makes related conforming changes. The bill repeals provisions of law associated with the regulatory programs that duplicate or conflict with other provisions of law that currently apply to TDLR, and makes related conforming changes. The bill removes the separate Sunset dates for the regulatory programs subject to the Sunset Act and maintains certain requirements of DSHS in the Texas Midwifery Act.
S.B. 202 prohibits the Texas Commission of Licensing and Regulation, until September 1, 2019, from adopting a new rule relating to the scope of practice of or a health-related standard of care for athletic trainers, dieticians, hearing instrument fitters and dispensers, midwives, orthotists and prosthetists, and speechlanguage pathologists and audiologists unless the rule has been proposed by the advisory board established for that profession. The bill requires the Texas Commission of Licensing and Regulation to adopt rules prescribing the procedure by which the specified advisory boards may propose these rules. The bill requires the Texas Commission of Licensing and Regulation, until September 1, 2019, to either adopt the rule as proposed or return it to the advisory board for revision, and specifies that the Texas Commission of Licensing and Regulation retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process.
S.B. 202 requires the Texas Commission of Licensing and Regulation to adopt rules clearly specifying how TDLR and the Texas Commission of Licensing and Regulation will solicit input from, and on request provide information to, advisory boards established for athletic trainers, dieticians, hearing instrument fitters and dispensers, midwives, orthotists and prosthetists, and speechlanguage pathologists and audiologists regarding the general investigative, enforcement, or disciplinary procedures of TDLR or the Texas Commission of Licensing and Regulation.
Part 2. Transfers during the biennium ending August 31, 2019
S.B. 202 transfers the regulation of offender education providers, laser hair removal, massage therapy, code enforcement officers, sanitarians, and mold assessors and remediators from DSHS to TDLR during the biennium ending August 31, 2019. The bill makes changes to conform the statutory provisions relating to administration and enforcement for each of these regulatory programs to existing TDLR requirements and procedures.
S.B. 202 transfers administration and enforcement of these regulatory programs to TDLRs executive director and transfers the associated rulemaking authority to the Texas Commission of Licensing and Regulation. The bill repeals provisions of law associated with the regulatory programs that duplicate or conflict with other provisions of law that currently apply to TDLR, and makes related conforming changes.
S.B. 202 authorizes TDLR to establish advisory committees to provide advice and recommendations to TDLR on technical matters relevant to the administration of the code enforcement officer and sanitarian regulatory programs. The changes in law made by Part 2 of Article 1 are effective September 1, 2017.
Part 3. Transition Provisions
For a program transferred under Article 1, S.B. 202 specifies that a rule or fee in effect on the effective date of the programs transfer remains in effect until changed by the Texas Commission of Licensing and Regulation; a license, permit, certificate of registration, or other authorization is continued in effect after the effective date of the transfer as one of TDLRs; and a complaint, investigation, contested case, or other proceeding before DSHS that is pending on the effective date of the transfer is transferred without change in status to TDLR or the Texas Commission of Licensing and Regulation, as appropriate. The bill also requires DSHS to provide TDLR with access to any systems or information necessary to accept a transferred program.
S.B. 202 requires DSHS and TDLR, as soon as practicable after the effective date of a transfer to adopt a transition plan to provide for the orderly transfer of power, duties, functions, programs, and activities. The bill requires the transition plan to provide for the transfer to be completed by August 31, 2017 for a program transferred under Part 1 of Article 1, and by August 31, 2019 for a program transferred under Part 2 of Article 1. The bill establishes that on the date specified in the transition plan, if applicable, the existing board associated with the program is abolished and TDLR is required, as soon as practicable after that date, to appoint the advisory board for the program. The bill specifies that on the date established in the transition plan for the transfer of a particular program to TDLR, all fulltime equivalent employee positions at DSHS that primarily concern the administration or enforcement of the program being transferred become positions at TDLR. The bill requires TDLR to post the positions for hiring and, when filling the positions, to give consideration to an applicant who was an employee at DSHS primarily involved in administering or enforcing the transferred program immediately before the date of the transfer. The bill specifies TDLR is not required to hire these applicants. The bill requires TDLR to create a health professions division by August 31, 2017 to oversee programs transferred from DSHS and to ensure TDLR develops necessary healthrelated expertise.
S.B. 202 requires TDLR to submit a report by December 1 of each year, until January 1, 2020, regarding the implementation of the transfers with respect to that calendar year. The bill specifies the detailed information the report must include and the recipients of the report. S.B. 202 requires TDLR, in preparing a report, to solicit input from DSHS and each advisory board or committee established to advise TDLR regarding a transferred program, and requires TDLR to make each report available to the public on TDLRs website.
Article 2 Regulatory Programs Transferred to the Texas Medical Board (TMB)
Medical Radiologic Technologists
S.B. 202 transfers administration of the Medical Radiologic Technologist Certification Act from DSHS to TMB and specifies that the Medical Radiologic Technologist Certification Act expires on September 1, 2017 unless continued in existence by the Texas Sunset Act. The bill establishes the nine-member Texas Board of Medical Radiologic Technology as a governor-appointed advisory board to TMB. The bill specifies the appointment; membership eligibility and restrictions; terms; vacancies; officers; grounds for removal; per diem; application of open meetings, open records, and administrative procedure laws; meetings; quorum requirements; and training of the advisory board.
S.B. 202 transfers the powers and duties of DSHS and the executive commissioner of the Health and Human Services Commission (HHSC), as applicable, in relation to the regulation of medical radiologic technologists and certain persons performing radiological procedures to the advisory board and TMB, as applicable, and makes related conforming changes. To conform statutory provisions relating to administration and enforcement for this regulatory program to TMB requirements and procedures, the bill adds or amends provisions relating to the issuance and renewal of certificates; the division of responsibilities and delegation of certain duties between the advisory board and TMB; public participation; guidelines for early involvement in the rulemaking process; complaints and investigative information; and disciplinary actions and proceedings. The bill repeals provisions of law associated with the regulatory program that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. The bill requires TMB to provide administrative and clerical employees as necessary to the advisory board.
S.B. 202 requires the advisory board to adopt specified rules for the performance of the advisory boards duties relating to the regulation of medical radiologic technologists and certain persons performing radiological procedures. The bill requires the advisory board to review and approve or reject each application for the issuance or renewal of a certificate; issue each certificate; deny, suspend, or revoke a certificate or otherwise discipline a certificate holder; and take any action necessary to carry out the functions and duties of the advisory board. The bill requires an applicant to pass a jurisprudence examination approved by the advisory board.
S.B. 202 authorizes the advisory board to delegate authority to TMB employees to issue certificates to applicants who clearly meet all certification requirements without formal advisory board approval, and specifies that if the TMB employees determine that the applicant does not clearly meet all certification requirements, the application must be returned to the advisory board.
S.B. 202 authorizes the Texas Board of Medical Radiologic Technology to make a referral to the Texas Physician Health Program and to require participation in the program as a prerequisite for issuing or maintaining a certificate or other authorization. The bill requires the advisory board to adopt related procedures in rule.
S.B. 202 requires TMB to adopt rules to regulate individuals who perform radiologic procedures and individuals who are licensed by TMB and supervise an individual who performs radiologic procedures. The bill requires TMB, by a majority vote, to approve or reject each rule adopted by the advisory board and specifies that if the rule is approved, it may take effect, and if it is rejected TMB must return the rule to the advisory board for revision.
S.B. 202 requires TMB, rather than the executive commissioner of HHSC, with the assistance of the Texas Board of Nursing, the Texas Physician Assistant Board, and other appropriate state agencies, to identify by rule certain radiologic procedures that are dangerous or hazardous and that may be performed only by a practitioner, certified medical radiologic technologist, registered nurse, or licensed physician assistant.
S.B. 202 requires an applicant for a certificate and an applicant for renewal of a certificate to undergo a fingerprintbased criminal history check before the advisory board may issue or renew a certificate. The bill authorizes the advisory board to enter into an agreement with the Department of Public Safety to administer the criminal history checks, and authorizes the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires the advisory board to adopt rules and guidelines on consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to applications or renewals of certificates filed on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose.
S.B. 202 specifies the advisory boards minimum standards for approval of a curriculum or an education program to train certain individuals, registered nurses, and physician assistants to perform radiologic procedures do not have to include mandatory training guidelines for a registered nurse or licensed physician assistant who intentionally uses radiologic technology.
The bill requires, rather than authorizes the Texas Board of Nursing to adopt rules governing registered nurses performing certain radiologic procedures, including rules establishing mandatory training guidelines; and requiring registered nurses performing certain radiologic procedures to register with the Texas Board of Nursing and to identify the practitioner ordering the procedures.
S.B. 202 requires the Texas Physician Assistant Board to adopt rules governing licensed physician assistants performing certain radiologic procedures, including rules establishing mandatory training guidelines; and requiring licensed physician assistants performing certain radiologic procedures to register with the Texas Physician Assistant Board and to identify the practitioner ordering the procedures. The bill requires the Texas Physician Assistant Board to notify the agency licensing the practitioner that the physician assistant has registered. The bill specifies that Subchapter F, Chapter 601, Occupations Code applies to the Texas Physician Assistant Board and exempts the Texas Physician Assistant Board from the requirement to adopt rules to regulate the manner in which a persons who holds a license issued by the Texas Physician Assistant Board may order, instruct, or direct another person in the performance of a radiologic procedure.
Medical Physicists
S.B. 202 transfers the administration of the Medical Physics Practice Act from the Texas Board of Licensure for Professional Medical Physicists at DSHS to TMB and specifies that the Medical Physics Practice Act expires on September 1, 2017 unless continued in existence by the Texas Sunset Act. The bill abolishes the Texas Board of Licensure for Professional Medical Physicists and establishes the Medical Physicist Licensure Advisory Committee as an informal advisory committee to TMB. S.B. 202 specifies the advisory committee consists of seven members appointed by the president of TMB. The bill specifies appointment requirements; membership eligibility and restrictions; terms; vacancies; grounds for removal; compensation; officers; and meeting and quorum requirements of the advisory committee. The bill specifies the advisory committee has no independent rulemaking authority.
S.B. 202 authorizes TMB to include any member of the advisory committee in a proceeding of TMB related to a power or duty related to the regulation of medical physicists if TMB considers the expertise of the advisory committee member to be beneficial in the proceeding. The bill subjects the advisory committee to the Open Meetings and Public Information Acts, except as otherwise provided. The bill exempts the advisory committee from Chapter 2110, Government Code.
S.B. 202 transfers the powers and duties of the Texas Board of Licensure for Professional Medical Physicists, the executive secretary, DSHS, and the executive commissioner of HHSC related to the regulation of medical physicists to TMB, and makes related conforming changes. The bill requires TMB to adopt rules reasonably necessary to perform its duties in relation to the regulation of medical physicists, including procedural rules governing investigations, informal hearings, the issuance of cease and desist orders, and disciplinary sanctions; and rules governing character and conduct for applicants or license holders and fitness to practice medical physics. The bill requires TMB to establish the qualifications for a medical physicist to practice; minimum education and training requirements necessary for a license; and requirements for examinations for licensure.
S.B. 202 requires TMB to prescribe the application form for a medical physicist license; issue, deny, renew, revoke, cancel, restrict, suspend, or accept the surrender of a license; charge fees that are reasonable and necessary to cover the costs of administering the regulation; conduct informal hearings for certain violations; and issue disciplinary sanctions, including agreed orders and non-disciplinary remedial plans. The bill requires TMB to establish procedures for making a confidential referral to the Texas Physician Health Program and for requiring participation in the program as a prerequisite for issuing or maintaining a medical physicist license. To conform statutory provisions relating to administration and enforcement for this regulatory program to certain TMB requirements and procedures, the bill adds or amends provisions of law relating to issuance and renewal of licenses; complaints and investigative information; and disciplinary actions and proceedings relating to medical physicists. The bill repeals provisions of law associated with the regulation of medical physicists that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes.
S.B. 202 requires an applicant for a license and license renewal to undergo a fingerprintbased criminal history check before TMB may issue or renew a license, unless the license holder has previously submitted fingerprints for the initial issuance or part of a prior renewal of the license. The bill authorizes TMB to enter into an agreement with the Department of Public Safety to administer the criminal history checks and authorize the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires TMB to adopt rules and guidelines as necessary regarding consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to license applications or renewals on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose.
Perfusionists
S.B. 202 transfers administration of the Licensed Perfusionists Act from the Texas State Perfusionist Advisory Committee at DSHS to TMB and specifies that the Licensed Perfusionists Act expires on September 1, 2017 unless continued in existences by the Texas Sunset Act. The bill abolishes the Texas State Perfusionist Advisory Committee and establishes the Perfusionist Licensure Advisory Committee as an informal advisory committee to TMB. The bill specifies the advisory committee consists of seven members appointed by the president of TMB. The bill specifies appointment requirements; membership eligibility and restrictions; terms; vacancies; grounds for removal; officers; and meeting requirements of the advisory committee. The bill specifies the advisory committee has no independent rulemaking authority.
S.B. 202 authorizes TMB to include any member of the advisory committee in a proceeding of the medical board related to a power or duty related to the regulation of perfusionists if TMB considers the expertise of the advisory committee member to be beneficial in the proceeding. The bill provides limited exemptions from the Open Meetings and Public Information Acts relating to informal proceedings. The bill exempts the advisory committee from Chapter 2110, Government Code.
S.B. 202 transfers the powers and duties of the Texas State Perfusionist Advisory Committee and the secretary and related duties of DSHS and the executive commissioner of HHSC to TMB and the executive director of TMB related to the regulation of perfusionists and makes related conforming changes. The bill authorizes TMB to adopt rules necessary to regulate the practice of perfusion, enforce the regulation of the practice, and perform its duties in relation to the regulation of perfusionists.
S.B. 202 requires TMB to establish the qualifications for a perfusionist to practice in this state, including rules governing character and conduct for applicants or license holders and fitness of applicants or license holders to practice; issue, revoke, restrict, suspend, deny, cancel, or accept the surrender of a license; charge fees that are reasonable and necessary to cover the costs of regulation; and establish minimum education and training and examination requirements for licensure. The bill requires TMB to prescribe the application form for a license; adopt and publish a code of ethics; establish procedural rules governing investigations, informal hearings, the issuance of cease and desist orders, and disciplinary sanctions; conduct informal hearings for certain violations; and issue disciplinary sanctions, including agreed orders and non-disciplinary remedial plans. The bill requires TMB to establish procedures for making a confidential referral to the Texas Physician Health Program and for requiring participation in the program as a prerequisite for issuing or maintaining a perfusionist license.
To conform statutory provisions relating to administration and enforcement for this regulatory program to certain TMB requirements and procedures, the bill adds or amends provisions of law relating to issuance and renewal of licenses; complaints and investigative information; and disciplinary actions and proceedings relating to perfusionists. The bill repeals provisions of law associated with the regulation of perfusionists that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes.
The bill requires an applicant for a license and license renewal to undergo a fingerprintbased criminal history check before TMB may issue or renew a license, unless the license holder has previously submitted fingerprints for the initial issuance or part of a prior renewal of the license. The bill authorizes TMB to enter into an agreement with the Department of Public Safety to administer the criminal history checks and authorize the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires TMB to adopt rules and guidelines as necessary regarding consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to license applications or renewals on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose.
Respiratory Care Practitioners
S.B. 202 transfers the administration of Chapter 604, Occupations Code, relating to the certification and permitting of respiratory care practitioners from DSHS to TMB and specifies that Chapter 604, Occupations Code expires on September 1, 2017 unless continued in existence by the Texas Sunset Act. The bill establishes the nine-member Texas Board of Respiratory Care as a governor-appointed advisory board to TMB. The bill specifies the appointment; membership eligibility and restrictions; terms; vacancies; officers; grounds for removal; per diem; application of open meetings, open records, and administrative procedure laws; meetings; quorum requirements; and training of the advisory board.
S.B. 202 transfers the powers and duties of DSHS and the executive commissioner of HHSC, as applicable, in relation to the certification and permitting of respiratory care practitioners to the advisory board and TMB, as applicable, and makes related conforming changes. To conform statutory provisions relating to administration and enforcement for this regulatory program to certain TMB requirements and procedures, the bill adds or amends provisions relating to the issuance and renewal of certificates and temporary permits; the division of responsibilities and delegation of certain duties between the advisory board and TMB; public participation; guidelines for early involvement in the rulemaking process; complaints and investigative information; and disciplinary actions and proceedings. The bill repeals provisions of law associated with the certification and permitting program that duplicate or conflict with other provisions of law that currently apply to TMB, and makes related conforming changes. The bill requires TMB to provide administrative and clerical employees as necessary to the advisory board.
S.B. 202 requires the advisory board to adopt specified rules for the performance of the advisory boards duties. The bill requires the advisory board to review and approve or reject each application for the issuance or renewal of a certificate or temporary permit; adopt procedures for the issuance or renewal of each certificate or permit; deny, suspend, restrict, cancel, or revoke a certificate or temporary permit or otherwise discipline a certificate or permit holder; and take any other action necessary to carry out the functions and duties of the advisory board. The bill requires an applicant for a certificate or temporary permit to pass a jurisprudence examination approved by the advisory board.
S.B. 202 authorizes the advisory board to delegate authority to TMB employees to issue certificates or temporary permits to applicants who clearly meet all applicable requirements without formal advisory board approval, and specifies that if the TMB employees determine that the applicant does not clearly meet all applicable requirements, the application must be returned to the advisory board.
S.B. 202 authorizes the advisory board to use the Texas Physician Health Program as the advisory boards peer assistant program. The bill authorizes the advisory board, by rule, to establish procedures for making a confidential referral to the program and for requiring participation in the program as a prerequisite for issuing or maintaining a certificate or temporary permit.
S.B. 202 requires TMB to adopt rules to regulate respiratory care practitioners and physicians who supervise respiratory care practitioners. The bill requires TMB, by a majority vote, to approve or reject each rule adopted by the advisory board and specifies that if the rule is approved, it may take effect, and if it is rejected TMB must return the rule to the advisory board for revision.
S.B. 202 requires an applicant for a certificate or temporary permit or an applicant for a renewal of a certificate or temporary permit to undergo a fingerprintbased criminal history check before the advisory board may issue or renew a certificate or temporary permit. The bill authorizes the advisory board to enter into an agreement with the Department of Public Safety to administer the criminal history checks, and authorizes the Department of Public Safety to collect from each applicant the costs incurred to conduct the criminal history check. The bill requires the advisory board to adopt rules and guidelines on consequences of criminal convictions. The bill specifies that the criminal history check requirements apply only to applications or renewals of a certificate or permit filed on or after January 1, 2016 and provides that an application filed before that date is governed by the law in effect at the time the application was filed, and continues the former law in effect for that purpose.
Transition Provisions
S.B. 202 specifies that rules and fees; licenses, certificates, or permits; and complaints, investigations, contested cases, or other proceedings continue or remain in effect, or transfer without change in status from DSHS to TMB, the Texas Board of Medical Radiologic Technology, or the Texas Board of Respiratory Care, as appropriate.
S.B. 202 requires DSHS and TMB to adopt a transition plan to provide for the orderly transfer of powers, duties, functions, programs, and activities and for the transition plan to provide for the transfer to be completed as soon as practicable after the effective date of the Act. The bill requires DSHS to provide TMB with access to any systems or information necessary for TMB to accept a transferred program. The bill abolishes the Texas Board of Licensure for Professional Medical Physicists and the Texas State Perfusionist Advisory Committee on the effective date of the Act and requires the governor and president of TMB, as appropriate, to appoint members to the Texas Board of Medical Radiologic Technology, the Medical Physicist Licensure Advisory Committee, the Perfusionist Licensure Advisory Committee, and the Texas Board of Respiratory Care as soon as practicable after the effective date of the Act. The bill specifies that on the effective date of the Act, all fulltime equivalent employee positions at DSHS that primarily concern the administration or enforcement of the applicable law being transferred become positions at TMB. The bill requires TMB to post the positions for hiring and, when filling the positions, to give consideration to an applicant who, immediately before the effective date of this Act, was an employee at DSHS primarily involved in administering or enforcing the applicable law. The bill specifies that TMB is not required to hire these applicants.
Article 3 Deregulation of certain activities and occupations
S.B. 202 repeals provisions and makes conforming changes to discontinue state involvement in the licensing, permitting, and certification of registration, or other authorization of the following activities and occupations:
S.B. 202 changes the required wording on warning signs that must be posted in tanning facilities and at each tanning device by removing references to DSHS and its toll-free number and replacing it with specified wording to contact local law enforcement or local health authorities if a violation of law relating to the operation of a tanning facility is suspected.
S.B. 202 specifies that a license, permit, certification of registration, or other authorization issued under a law that is repealed through this article of this Act expires on the effective date of the Act, but that the changes made by the bill would not affect the validity of a disciplinary action taken, offense committed, or fee paid before the effective date of the Act and that is pending before a court or other governmental entity on the effective date of the Act. The bill specifies that an offense under or other violation of a law that is repealed by this article of this Act is governed by the law in effect when the violation was committed, and continues the former law for that purpose. The bill specifies that an offense or violation was committed before the effective date of the Act if any element of the offense or violation occurred before that date. The bill provides that a repeal of a law by this article of the Act does not entitle a person to a refund of an application, licensing, or other fee paid by the person before the effective date of the Act.
Article 4 Effective Date
Except as otherwise provided, September 1, 2015.
Repealers
Article 1. Part 1.
The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:
Section 203.006 Section 203.051 Section 203.053
Section 203.054 Section 203.057 Section 203.058
Section 203.060 Subchapter C, Chapter 203 Section 203.151(b)
Section 203.1515 Section 203.152(a) Sections 203.155(a) and (c)
Section 203.156 Section 203.158 Section 203.159
Section 203.160 Section 203.161 Subchapter E, Chapter 203
Section 203.255(b) Section 203.2556 Section 203.302
Section 203.303 Section 203.405 Subchapter J, Chapter 203
Section 203.502(c) Section 203.505(a) Section 401.002
Section 401.101 Section 401.103 Section 401.104
Section 401.106 Section 401.109 Section 401.110
Subchapter D, Chapter 401 Section 401.201(b) Sections 401.203(a) and (b)
Section 401.204 Section 401.205 Section 401.206
Section 401.207 Section 401.252 Sections 401.253(b), (c), (d), and (e)
Sections 401.2535(a), (b), (c), (d), (e), (f), and (g) Section 401.254 Section 401.306
Section 401.307(c) Section 401.313 Section 401.315
Sections 401.352(b) and (c) Section 401.353
Section 401.354 Section 401.405 Section 401.451(b)
Section 401.452 Section 401.4531 Section 401.454
Section 401.455 Section 401.456 Section 401.457
Section 401.458 Section 401.459 Section 401.460
Section 401.502 Section 401.5022 Section 401.551
Section 401.553 Section 401.554 Section 401.555
Section 401.556 Section 401.557 Section 401.558
Section 401.559 Section 401.560 Section 401.561
Section 402.002 Section 402.052 Section 402.053
Section 402.054 Section 402.056 Section 402.0581
Section 402.059 Section 402.060 Section 402.061
Section 402.102 Section 402.1022 Sections 402.103(a) and (b)
Section 402.105 Section 402.106 Section 402.151
Section 402.1511 Section 402.153 Sections 402.154(a), (b), (c), (d), (e), (f), and (g)
Section 402.205(d) Section 402.206 Sections 402.209(b) and (g)
Section 402.257(b) Sections 402.301(b), (c), (d), and (e) Section 402.303(f)
Section 402.354 Section 402.452 Section 402.502
Section 402.503 Section 402.504 Section 402.505
Section 402.506 Sections 402.551(a) and (c) Section 402.552
Section 402.5522 Section 402.553(b) Section 403.002
Section 403.053 Section 403.109 Section 403.201
Section 403.205 Section 403.206 Section 403.208
Section 403.210 Section 403.211 Section 403.252
Section 451.051(a) Section 451.0511 Section 451.0512
Section 451.0513 Section 451.052 Section 451.054
Section 451.057 Sections 451.101(b) and (c) Section 451.1015
Section 451.1016 Section 451.102 Section 451.103
Section 451.1035 Section 451.104 Section 451.105
Section 451.106 Section 451.108 Section 451.109
Sections 451.110(a), (b), (c), (d), (e), (f), and (g) Section 451.155 Section 451.201(b)
Section 451.202 Section 451.203 Section 451.204
Section 451.2512 Section 451.252 Section 451.253
Section 451.254 Section 451.255 Sections 451.351(a), (b), (e), (f), (g), (h), (i), (j), (k), and (l)
Section 451.352 Section 605.003 Section 605.051
Section 605.053 Section 605.054 Section 605.057
Section 605.058 Section 605.059(a) Section 605.060
Section 605.061 Subchapter C, Chapter 605 Section 605.152
Section 605.153 Section 605.154 Section 605.201
Section 605.202 Sections 605.2021(a), (b), (c), (d), (e), (f), and (g) Section 605.203
Section 605.253 Section 605.254(b) Section 605.255(c)
Section 605.259(b) Section 605.3535 Section 605.355
Section 605.401 Section 605.403 Section 605.404
Section 605.405 Section 605.406 Section 605.407
Section 605.408 Section 605.409 Section 605.410
Section 605.411 Section 701.003 Section 701.052
Section 701.053 Section 701.055 Section 701.056
Section 701.059 Subchapter C, Chapter 701 Section 701.152
Section 701.153 Section 701.1535 Section 701.156
Section 701.157 Section 701.159 Section 701.160
Section 701.161 Section 701.201 Section 701.202
Section 701.203 Section 701.204 Sections 701.2041(a), (b), (c), (d), (e), (f), and (g)
Section 701.205 Section 701.206 Section 701.256
Section 701.261 Sections 701.301(b), (c), (d), (e), and (f) Section 701.302
Section 701.402 Section 701.404 Section 701.405
Section 701.406 Section 701.407 Section 701.408
Section 701.452 Section 701.453 Section 701.501
Section 701.502(c) Section 701.503 Section 701.504
Section 701.505 Section 701.506 Section 701.507
Section 701.508 Section 701.509 Section 701.510
Section 701.511
Section 203.006
Section 203.051
Section 203.053
Section 203.054
Section 203.057
Section 203.058
Section 203.060
Subchapter C, Chapter 203
Section 203.151(b)
Section 203.1515
Section 203.152(a)
Sections 203.155(a) and (c)
Section 203.156
Section 203.158
Section 203.159
Section 203.160
Section 203.161
Subchapter E, Chapter 203
Section 203.255(b)
Section 203.2556
Section 203.302
Section 203.303
Section 203.405
Subchapter J, Chapter 203
Section 203.502(c)
Section 203.505(a)
Section 401.002
Section 401.101
Section 401.103
Section 401.104
Section 401.106
Section 401.109
Section 401.110
Subchapter D, Chapter 401
Section 401.201(b)
Sections 401.203(a) and (b)
Section 401.204
Section 401.205
Section 401.206
Section 401.207
Section 401.252
Sections 401.253(b), (c), (d), and (e)
Sections 401.2535(a), (b), (c), (d), (e), (f), and (g)
Section 401.254
Section 401.306
Section 401.307(c)
Section 401.313
Section 401.315
Sections 401.352(b) and (c)
Section 401.353
Section 401.354
Section 401.405
Section 401.451(b)
Section 401.452
Section 401.4531
Section 401.454
Section 401.455
Section 401.456
Section 401.457
Section 401.458
Section 401.459
Section 401.460
Section 401.502
Section 401.5022
Section 401.551
Section 401.553
Section 401.554
Section 401.555
Section 401.556
Section 401.557
Section 401.558
Section 401.559
Section 401.560
Section 401.561
Section 402.002
Section 402.052
Section 402.053
Section 402.054
Section 402.056
Section 402.0581
Section 402.059
Section 402.060
Section 402.061
Section 402.102
Section 402.1022
Sections 402.103(a) and (b)
Section 402.105
Section 402.106
Section 402.151
Section 402.1511
Section 402.153
Sections 402.154(a), (b), (c), (d), (e), (f), and (g)
Section 402.205(d)
Section 402.206
Sections 402.209(b) and (g)
Section 402.257(b)
Sections 402.301(b), (c), (d), and (e)
Section 402.303(f)
Section 402.354
Section 402.452
Section 402.502
Section 402.503
Section 402.504
Section 402.505
Section 402.506
Sections 402.551(a) and (c)
Section 402.552
Section 402.5522
Section 402.553(b)
Section 403.002
Section 403.053
Section 403.109
Section 403.201
Section 403.205
Section 403.206
Section 403.208
Section 403.210
Section 403.211
Section 403.252
Section 451.051(a)
Section 451.0511
Section 451.0512
Section 451.0513
Section 451.052
Section 451.054
Section 451.057
Sections 451.101(b) and (c)
Section 451.1015
Section 451.1016
Section 451.102
Section 451.103
Section 451.1035
Section 451.104
Section 451.105
Section 451.106
Section 451.108
Section 451.109
Sections 451.110(a), (b), (c), (d), (e), (f), and (g)
Section 451.155
Section 451.201(b)
Section 451.202
Section 451.203
Section 451.204
Section 451.2512
Section 451.252
Section 451.253
Section 451.254
Section 451.255
Sections 451.351(a), (b), (e), (f), (g), (h), (i), (j), (k), and (l)
Section 451.352
Section 605.003
Section 605.051
Section 605.053
Section 605.054
Section 605.057
Section 605.058
Section 605.059(a)
Section 605.060
Section 605.061
Subchapter C, Chapter 605
Section 605.152
Section 605.153
Section 605.154
Section 605.201
Section 605.202
Sections 605.2021(a), (b), (c), (d), (e), (f), and (g)
Section 605.203
Section 605.253
Section 605.254(b)
Section 605.255(c)
Section 605.259(b)
Section 605.3535
Section 605.355
Section 605.401
Section 605.403
Section 605.404
Section 605.405
Section 605.406
Section 605.407
Section 605.408
Section 605.409
Section 605.410
Section 605.411
Section 701.003
Section 701.052
Section 701.053
Section 701.055
Section 701.056
Section 701.059
Subchapter C, Chapter 701
Section 701.152
Section 701.153
Section 701.1535
Section 701.156
Section 701.157
Section 701.159
Section 701.160
Section 701.161
Section 701.201
Section 701.202
Section 701.203
Section 701.204
Sections 701.2041(a), (b), (c), (d), (e), (f), and (g)
Section 701.205
Section 701.206
Section 701.256
Section 701.261
Sections 701.301(b), (c), (d), (e), and (f)
Section 701.302
Section 701.402
Section 701.404
Section 701.405
Section 701.406
Section 701.407
Section 701.408
Section 701.452
Section 701.453
Section 701.501
Section 701.502(c)
Section 701.503
Section 701.504
Section 701.505
Section 701.506
Section 701.507
Section 701.508
Section 701.509
Section 701.510
Section 701.511
Article 1. Part 2.
The following provisions of the Health and Safety Code are repealed:
Section 401.509 Section 401.511 Sections 401.512(b) and (c)
Sections 401.522(b) and (c)
Section 401.509
Section 401.511
Sections 401.512(b) and (c)
Sections 401.522(b) and (c)
The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:
Section 455.051 Section 455.056 Section 455.057
Section 455.058 Section 455.1565 Section 455.1571
Sections 455.160(b), (c), (d), (e), (f), and (g) Section 455.161 Section 455.252
Section 455.253 Section 455.254 Section 455.301
Section 455.303 Section 455.304 Section 455.305
Section 455.306 Section 455.307 Section 455.308
Section 455.309 Section 455.310 Section 455.311
Section 1952.052 Section 1952.054 Section 1952.105(b)
Section 1952.152 Section 1952.251 Section 1952.253
Section 1952.254 Section 1952.255 Section 1952.256
Section 1952.257 Section 1952.258 Section 1952.259
Section 1952.260 Section 1952.261 Section 1953.0511
Section 1953.052 Section 1953.054 Section 1953.055
Section 1953.103 Section 1953.106(b) Section 1953.152
Section 1953.202 Section 1953.301 Section 1953.303
Section 1953.304 Section 1953.305 Section 1953.306
Section 1953.307 Section 1953.308 Section 1953.309
Section 1953.310 Section 1953.311 Section 1958.053
Section 1958.055(a) Section 1958.057 Section 1958.107
Section 1958.251 Section 1958.254 Section 1958.255
Section 1958.256 Section 1958.257 Section 1958.258
Section 1958.302
Section 455.051
Section 455.056
Section 455.057
Section 455.058
Section 455.1565
Section 455.1571
Sections 455.160(b), (c), (d), (e), (f), and (g)
Section 455.161
Section 455.252
Section 455.253
Section 455.254
Section 455.301
Section 455.303
Section 455.304
Section 455.305
Section 455.306
Section 455.307
Section 455.308
Section 455.309
Section 455.310
Section 455.311
Section 1952.052
Section 1952.054
Section 1952.105(b)
Section 1952.152
Section 1952.251
Section 1952.253
Section 1952.254
Section 1952.255
Section 1952.256
Section 1952.257
Section 1952.258
Section 1952.259
Section 1952.260
Section 1952.261
Section 1953.0511
Section 1953.052
Section 1953.054
Section 1953.055
Section 1953.103
Section 1953.106(b)
Section 1953.152
Section 1953.202
Section 1953.301
Section 1953.303
Section 1953.304
Section 1953.305
Section 1953.306
Section 1953.307
Section 1953.308
Section 1953.309
Section 1953.310
Section 1953.311
Section 1958.053
Section 1958.055(a)
Section 1958.057
Section 1958.107
Section 1958.251
Section 1958.254
Section 1958.255
Section 1958.256
Section 1958.257
Section 1958.258
Section 1958.302
Article 2
The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:
Sections 601.002(2) and (5) Section 601.051 Section 601.053
Section 601.056(b) Section 601.103 Section 602.002 (1-a) and (2)
Sections 602.052(b) and (c) Sections 602.053(a), (b), and (c) Section 602.056(c)
Section 602.059 Subchapter C, Chapter 602 Sections 602.1525(b), (c), (d), (e), (f), and (g)
Section 602.155 Section 602.204 Sections 603.002(1) and (4)
Section 603.005 Section 603.054(c) Section 603.058
Subchapter C, Chapter 603 Section 603.154(b) Section 603.158
Section 603.159 Sections 603.2041(b), (c), (d), (f), and (g) Section 604.051
Sections 604.052(b) and (c) Section 604.056
Sections 601.002(2) and (5)
Section 601.051
Section 601.053
Section 601.056(b)
Section 601.103
Section 602.002 (1-a) and (2)
Sections 602.052(b) and (c)
Sections 602.053(a), (b), and (c)
Section 602.056(c)
Section 602.059
Subchapter C, Chapter 602
Sections 602.1525(b), (c), (d), (e), (f), and (g)
Section 602.155
Section 602.204
Sections 603.002(1) and (4)
Section 603.005
Section 603.054(c)
Section 603.058
Subchapter C, Chapter 603
Section 603.154(b)
Section 603.158
Section 603.159
Sections 603.2041(b), (c), (d), (f), and (g)
Section 604.051
Sections 604.052(b) and (c)
Section 604.056
Article 3
The following provisions of the Government Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:
Section 2165.301(2) Section 2165.302 Section 2165.304
Section 2165.301(2)
Section 2165.302
Section 2165.304
The following provisions of the Health and Safety Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:
Section 144.001 Subchapter B, Chapter 144 Sections 144.023(d) and (e)
Section 144.031 Subchapter D, Chapter 144 Subchapter E, Chapter 144
Subchapter F, Chapter 144 Section 144.071 Section 144.072
Section 144.073 Section 144.074 Section 144.075
Section 144.076 Section 144.077 Section 144.078(c)
Section 144.080 Section 144.081 Section 144.082
Section 144.083 Section 144.084 Section 144.085
Section 145.001 Section 145.002(1) Section 145.004(b)
Section 145.006(c) Section 145.008(k) Section 145.009
Section 145.0095 Section 145.010 Sections 145.011(a) and (b)
Section 145.012 Section 145.0122 Section 145.015
Chapter 345 Chapter 385 Chapter 441
Chapter 781
Section 144.001
Subchapter B, Chapter 144
Sections 144.023(d) and (e)
Section 144.031
Subchapter D, Chapter 144
Subchapter E, Chapter 144
Subchapter F, Chapter 144
Section 144.071
Section 144.072
Section 144.073
Section 144.074
Section 144.075
Section 144.076
Section 144.077
Section 144.078(c)
Section 144.080
Section 144.081
Section 144.082
Section 144.083
Section 144.084
Section 144.085
Section 145.001
Section 145.002(1)
Section 145.004(b)
Section 145.006(c)
Section 145.008(k)
Section 145.009
Section 145.0095
Section 145.010
Sections 145.011(a) and (b)
Section 145.012
Section 145.0122
Section 145.015
Chapter 345
Chapter 385
Chapter 441
Chapter 781
The following provisions of the Occupations Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:
Section 351.005(c) Chapter 352 Sections 353.002(2) and (4)
Section 353.005 Subchapter B, Chapter 353 Section 353.202
Section 353.2025 Section 353.203 Section 353.204(b)
Section 353.205
Section 351.005(c)
Chapter 352
Sections 353.002(2) and (4)
Section 353.005
Subchapter B, Chapter 353
Section 353.202
Section 353.2025
Section 353.203
Section 353.204(b)
Section 353.205
EFFECTIVE DATE
Except as otherwise provided, September 1, 2015.