Texas 2017 - 85th Regular

Texas House Bill HB3210 Compare Versions

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

Old	New	Differences
1	1	85R2521 KKR-D
2	2	By: Gonzales of Williamson H.B. No. 3210
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Executive Council
8	8	of Physical Therapy and Occupational Therapy Examiners, the Texas
9	9	Board of Physical Therapy Examiners, and the Texas Board of
10	10	Occupational Therapy Examiners; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL
13	13	THERAPY EXAMINERS
14	14	SECTION 1.01. Section 452.002, Occupations Code, is amended
15	15	to read as follows:
16	16	Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive
17	17	Council of Physical Therapy and Occupational Therapy Examiners is
18	18	subject to Chapter 325, Government Code (Texas Sunset Act). Unless
19	19	continued in existence as provided by that chapter, the executive
20	20	council is abolished and the following laws expire September 1,
21	21	2029 [2017]:
22	22	(1) this chapter;
23	23	(2) Chapter 453; and
24	24	(3) Chapter 454.
25	25	SECTION 1.02. Section 452.053, Occupations Code, is amended
26	26	to read as follows:
27	27	Sec. 452.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
28	28	In this section, "Texas trade association" means a [nonprofit,]
29	29	cooperative[,] and voluntarily joined statewide association of
30	30	business or professional competitors in this state designed to
31	31	assist its members and its industry or profession in dealing with
32	32	mutual business or professional problems and in promoting their
33	33	common interest.
34	34	(b) A person [An officer, employee, or paid consultant of a
35	35	Texas trade association in the field of health care] may not be a
36	36	member of the executive council and may not be an employee of the
37	37	executive council employed in a "bona fide executive,
38	38	administrative, or professional capacity," as that phrase is used
39	39	for purposes of establishing an exemption to the overtime
40	40	provisions of the federal Fair Labor Standards Act of 1938 (29
41	41	U.S.C. Section 201 et seq.) if:
42	42	(1) the person is an officer, employee, or paid
43	43	consultant of a Texas trade association in the field of health care;
44	44	or
45	45	(2) the person's [who is exempt from the state's
46	46	position classification plan or is compensated at or above the
47	47	amount prescribed by the General Appropriations Act for step 1,
48	48	salary group A17, of the position classification salary schedule.
49	49	[(c) A person who is the] spouse is [of] an officer,
50	50	manager, or paid consultant of a Texas trade association in the
51	51	field of health care [may not be a member of the executive council
52	52	and may not be an employee of the executive council who is exempt
53	53	from the state's position classification plan or is compensated at
54	54	or above the amount prescribed by the General Appropriations Act
55	55	for step 1, salary group A17, of the position classification salary
56	56	schedule].
57	57	(c) [(d)] A person may not serve as a member of the
58	58	executive council or act as the general counsel to the executive
59	59	council if the person is required to register as a lobbyist under
60	60	Chapter 305, Government Code, because of the person's activities
61	61	for compensation on behalf of a profession related to the operation
62	62	of the executive council, the occupational therapy board, or the
63	63	physical therapy board.
64	64	SECTION 1.03. Section 452.055, Occupations Code, is amended
65	65	to read as follows:
66	66	Sec. 452.055. PRESIDING OFFICER. The [member appointed by
67	67	the] governor shall designate a member of the executive council as
68	68	[is] the presiding officer of the executive council to serve in that
69	69	capacity at the pleasure of the governor.
70	70	SECTION 1.04. Sections 452.056(a) and (c), Occupations
71	71	Code, are amended to read as follows:
72	72	(a) It is a ground for removal from the executive council
73	73	that a member:
74	74	(1) does not have at the time of taking office
75	75	[appointment] the qualifications required by Section 452.051;
76	76	(2) does not maintain during service on the executive
77	77	council the qualifications required by Section 452.051;
78	78	(3) is ineligible for membership under [violates a
79	79	prohibition established by] Section 452.052 or 452.053;
80	80	(4) cannot, because of illness or disability,
81	81	discharge the member's duties for a substantial part of the member's
82	82	term; or
83	83	(5) is absent from more than half of the regularly
84	84	scheduled executive council meetings that the member is eligible to
85	85	attend during a calendar year without an excuse approved [unless
86	86	the absence is excused] by a majority vote of the executive council.
87	87	(c) If the director has knowledge that a potential ground
88	88	for removal exists, the director shall notify the presiding officer
89	89	of the executive council of the potential ground. The presiding
90	90	officer shall then notify the governor and the attorney general
91	91	[authority that appointed the member] that a potential ground for
92	92	removal exists. If the potential ground for removal involves the
93	93	presiding officer, the director shall notify the next highest
94	94	ranking officer of the executive council, who shall then notify the
95	95	governor and the attorney general that a potential ground for
96	96	removal exists.
97	97	SECTION 1.05. Subchapter B, Chapter 452, Occupations Code,
98	98	is amended by adding Section 452.059 to read as follows:
99	99	Sec. 452.059. TRAINING. (a) A person who is appointed to
100	100	and qualifies for office as a member of the executive council may
101	101	not vote, deliberate, or be counted as a member in attendance at a
102	102	meeting of the executive council until the person completes a
103	103	training program that complies with this section.
104	104	(b) The training program required under this section must
105	105	provide the person with information regarding:
106	106	(1) the law governing the operations of the executive
107	107	council, physical therapy board, and occupational therapy board;
108	108	(2) the programs, functions, rules, and budget of the
109	109	executive council, physical therapy board, and occupational
110	110	therapy board;
111	111	(3) the scope of and limitations on the rulemaking
112	112	authority of the executive council, physical therapy board, and
113	113	occupational therapy board;
114	114	(4) the results of the most recent formal audit of the
115	115	executive council, physical therapy board, and occupational
116	116	therapy board;
117	117	(5) the requirements of:
118	118	(A) laws relating to open meetings, public
119	119	information, administrative procedure, and disclosing conflicts of
120	120	interest; and
121	121	(B) other laws applicable to members of the
122	122	executive council, physical therapy board, and occupational
123	123	therapy board in performing their duties; and
124	124	(6) any applicable ethics policies adopted by the
125	125	executive council or the Texas Ethics Commission.
126	126	(c) A person appointed to the executive council is entitled
127	127	to reimbursement, as provided by the General Appropriations Act,
128	128	for the travel expenses incurred in attending the training program
129	129	regardless of whether the person's attendance at the program occurs
130	130	before or after the person qualifies for office.
131	131	(d) The director of the executive council shall create a
132	132	training manual that includes the information required by
133	133	Subsection (b). The director shall distribute a copy of the
134	134	training manual annually to each member of the executive council.
135	135	On receipt of the training manual, each member of the executive
136	136	council shall sign and submit to the director a statement
137	137	acknowledging receipt of the training manual.
138	138	SECTION 1.06. Section 452.102, Occupations Code, is amended
139	139	to read as follows:
140	140	Sec. 452.102. DIVISION OF RESPONSIBILITIES. The executive
141	141	council shall develop and implement policies that clearly separate
142	142	[define] the policymaking [respective] responsibilities of the
143	143	executive council and the management responsibilities of the
144	144	director and the staff of the executive council.
145	145	SECTION 1.07. Section 452.152(b), Occupations Code, is
146	146	amended to read as follows:
147	147	(b) The executive council shall perform the administrative
148	148	functions relating to issuing and renewing licenses, including[:
149	149	[(1) the administration of written examinations and
150	150	collection of fees; and
151	151	[(2)] the ministerial functions of preparing and
152	152	delivering licenses, obtaining material and information in
153	153	connection with the renewal of a license, and receiving and
154	154	forwarding complaints to the appropriate board.
155	155	SECTION 1.08. Subchapter D, Chapter 452, Occupations Code,
156	156	is amended by adding Section 452.160 to read as follows:
157	157	Sec. 452.160. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
158	158	RESOLUTION. (a) The executive council shall develop a policy to
159	159	encourage the use of:
160	160	(1) negotiated rulemaking under Chapter 2008,
161	161	Government Code, for the adoption of rules by the executive council
162	162	or the occupational therapy or physical therapy boards; and
163	163	(2) appropriate alternative dispute resolution
164	164	procedures under Chapter 2009, Government Code, to assist in the
165	165	resolution of internal and external disputes under the executive
166	166	council's jurisdiction.
167	167	(b) The executive council's procedures relating to
168	168	alternative dispute resolution must conform, to the extent
169	169	possible, to any model guidelines issued by the State Office of
170	170	Administrative Hearings for the use of alternative dispute
171	171	resolution by state agencies.
172	172	(c) The executive council shall:
173	173	(1) coordinate the implementation of the policy
174	174	adopted under Subsection (a);
175	175	(2) provide training as needed to implement the
176	176	procedures for negotiated rulemaking or alternative dispute
177	177	resolution; and
178	178	(3) collect data concerning the effectiveness of those
179	179	procedures.
180	180	SECTION 1.09. Section 452.153(b), Occupations Code, is
181	181	repealed.
182	182	SECTION 1.10. As soon as practicable after the effective
183	183	date of this article:
184	184	(1) the director of the Executive Council of Physical
185	185	Therapy and Occupational Therapy Examiners shall create the
186	186	training manual required by Section 452.059(d), Occupations Code,
187	187	as added by this article; and
188	188	(2) the executive council shall:
189	189	(A) develop and implement the policies required
190	190	by Section 452.102, Occupations Code, as amended by this article;
191	191	and
192	192	(B) develop the policy required by Section
193	193	452.160, Occupations Code, as added by this article.
194	194	SECTION 1.11. Notwithstanding Section 452.059(a),
195	195	Occupations Code, as added by this article, a member of the
196	196	Executive Council of Physical Therapy and Occupational Therapy
197	197	Examiners who has not completed the training required by Section
198	198	452.059, Occupations Code, as added by this article, may vote,
199	199	deliberate, and be counted as a member in attendance at a meeting of
200	200	the Executive Council of Physical Therapy and Occupational Therapy
201	201	Examiners until December 1, 2017.
202	202	ARTICLE 2. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
203	203	SECTION 2.01. Section 453.002, Occupations Code, is amended
204	204	to read as follows:
205	205	Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of
206	206	Physical Therapy Examiners is subject to Chapter 325, Government
207	207	Code (Texas Sunset Act). Unless continued in existence as provided
208	208	by that chapter, the board is abolished and this chapter expires
209	209	September 1, 2029 [2017].
210	210	SECTION 2.02. Section 453.054, Occupations Code, is amended
211	211	to read as follows:
212	212	Sec. 453.054. MEMBERSHIP RESTRICTIONS. (a) In this
213	213	section, "Texas trade association" means a [nonprofit,]
214	214	cooperative[,] and voluntarily joined statewide association of
215	215	business or professional competitors in this state designed to
216	216	assist its members and its industry or profession in dealing with
217	217	mutual business or professional problems and in promoting their
218	218	common interest.
219	219	(b) A person [An officer, employee, or paid consultant of a
220	220	Texas trade association in the field of health care] may not be a
221	221	member of the board if:
222	222	(1) the person is an officer, employee, or paid
223	223	consultant of a Texas trade association in the field of health care;
224	224	or
225	225	(2) the person's [.
226	226	[(c) A person who is the] spouse is [of] an officer,
227	227	manager, or paid consultant of a Texas trade association in the
228	228	field of health care [may not be a member of the board].
229	229	(c) [(d)] A person may not be [serve as] a member of the
230	230	board if the person is required to register as a lobbyist under
231	231	Chapter 305, Government Code, because of the person's activities
232	232	for compensation on behalf of a profession related to the operation
233	233	of the board.
234	234	SECTION 2.03. Sections 453.056(a) and (c), Occupations
235	235	Code, are amended to read as follows:
236	236	(a) It is a ground for removal from the board that a member:
237	237	(1) does not have at the time of taking office
238	238	[appointment] the qualifications required by Section 453.051(a);
239	239	(2) does not maintain during service on the board the
240	240	qualifications required by Section 453.051(a);
241	241	(3) is ineligible for membership under [violates a
242	242	prohibition established by] Section 453.053 or 453.054;
243	243	(4) cannot, because of illness or disability,
244	244	discharge the member's duties for a substantial part of the member's
245	245	term; or
246	246	(5) is absent from more than half of the regularly
247	247	scheduled board meetings that the member is eligible to attend
248	248	during a calendar year without an excuse approved [unless the
249	249	absence is excused] by a majority vote of the board.
250	250	(c) If the coordinator of physical therapy programs has
251	251	knowledge that a potential ground for removal exists, the
252	252	coordinator shall notify the presiding officer of the board of the
253	253	potential ground. The presiding officer shall then notify the
254	254	governor and the attorney general that a potential ground for
255	255	removal exists. If the potential ground for removal involves the
256	256	presiding officer, the coordinator shall notify the next highest
257	257	ranking officer of the board, who shall then notify the governor and
258	258	the attorney general that a potential ground for removal exists.
259	259	SECTION 2.04. Section 453.058, Occupations Code, is amended
260	260	to read as follows:
261	261	Sec. 453.058. OFFICERS. (a) The governor shall designate a
262	262	member of the board as the presiding officer of the board to serve
263	263	in that capacity at the pleasure of the governor.
264	264	(b) After the appointment of members every two years, the
265	265	members of the board shall elect from among its members a [presiding
266	266	officer,] secretary[,] and other officers required to conduct the
267	267	business of the board.
268	268	SECTION 2.05. Section 453.060, Occupations Code, is amended
269	269	to read as follows:
270	270	Sec. 453.060. TRAINING. (a) A person who is appointed to
271	271	and qualifies for office as [Before] a member of the board may not
272	272	vote, deliberate, or be counted as a member in attendance at a
273	273	meeting of [assume the member's duties, the member must complete at
274	274	least a course of the training program established by] the board
275	275	until the person completes a training program that complies with
276	276	[under] this section.
277	277	(b) The [A] training program must [shall] provide the person
278	278	with information [to a participant] regarding:
279	279	(1) the law governing board and executive council
280	280	operations [this chapter];
281	281	(2) the programs, functions, rules, and budget of
282	282	[operated by] the board and executive council;
283	283	(3) the scope of and limitations on the rulemaking
284	284	authority [the role and functions] of the board and executive
285	285	council;
286	286	(4) [the rules of the board, with an emphasis on the
287	287	rules that relate to disciplinary and investigatory authority;
288	288	[(5) the current budget for the board;
289	289	[(6)] the results of the most recent formal audit of
290	290	the board and executive council;
291	291	(5) [(7)] the requirements of:
292	292	(A) laws relating to open meetings, public
293	293	information, administrative procedure, and disclosing conflicts
294	294	[Chapters 551, 552, 2001, and 2002, Government Code;
295	295	[(8) the requirements of the conflict] of interest;
296	296	and
297	297	(B) [laws and] other laws applicable to members
298	298	of the board in performing their duties [relating to public
299	299	officials]; and
300	300	(6) [(9)] any applicable ethics policies adopted by
301	301	the board or the Texas Ethics Commission.
302	302	(c) A person appointed to the board is entitled to
303	303	reimbursement, as provided by the General Appropriations Act, for
304	304	the travel expenses incurred in attending the training program
305	305	regardless of whether the person's attendance at the program occurs
306	306	before or after the person qualifies for office [In developing the
307	307	training requirements provided for by this section, the board shall
308	308	consult with the governor's office, the attorney general's office,
309	309	and the Texas Ethics Commission].
310	310	(d) The director of the executive council shall create a
311	311	training manual that includes the information required by
312	312	Subsection (b). The director shall distribute a copy of the
313	313	training manual annually to each board member. On receipt of the
314	314	training manual, each board member shall sign and submit to the
315	315	director a statement acknowledging receipt of the training manual
316	316	[If another state agency or entity is given the authority to
317	317	establish the training requirements, the board shall allow that
318	318	training instead of developing its own program].
319	319	SECTION 2.06. Section 453.105(b), Occupations Code, is
320	320	amended to read as follows:
321	321	(b) The board shall develop and implement policies that
322	322	clearly separate [define] the policymaking [respective]
323	323	responsibilities of the board and the management responsibilities
324	324	of the director and [the] staff of the executive council.
325	325	SECTION 2.07. Subchapter C, Chapter 453, Occupations Code,
326	326	is amended by adding Sections 453.1061 and 453.109 to read as
327	327	follows:
328	328	Sec. 453.1061. PLACE OF EMPLOYMENT. The board may require
329	329	that a license holder provide current information in a readily
330	330	accessible and usable format regarding the license holder's place
331	331	of employment as a physical therapist or physical therapist
332	332	assistant.
333	333	Sec. 453.109. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
334	334	RESOLUTION. (a) The board shall develop a policy to encourage the
335	335	use of:
336	336	(1) negotiated rulemaking under Chapter 2008,
337	337	Government Code, for the adoption of board rules; and
338	338	(2) appropriate alternative dispute resolution
339	339	procedures under Chapter 2009, Government Code, to assist in the
340	340	resolution of internal and external disputes under the board's
341	341	jurisdiction.
342	342	(b) The board's procedures relating to alternative dispute
343	343	resolution must conform, to the extent possible, to any model
344	344	guidelines issued by the State Office of Administrative Hearings
345	345	for the use of alternative dispute resolution by state agencies.
346	346	(c) The board shall:
347	347	(1) coordinate the implementation of the policy
348	348	adopted under Subsection (a);
349	349	(2) provide training as needed to implement the
350	350	procedures for negotiated rulemaking or alternative dispute
351	351	resolution; and
352	352	(3) collect data concerning the effectiveness of those
353	353	procedures.
354	354	SECTION 2.08. Section 453.151(c), Occupations Code, is
355	355	amended to read as follows:
356	356	(c) Information maintained by the executive council or the
357	357	board under this chapter regarding the home address or personal
358	358	telephone number of a person licensed under this chapter [or a
359	359	person who is an owner or manager of a physical therapy facility
360	360	registered under this chapter] is confidential and not subject to
361	361	disclosure under Chapter 552, Government Code. A person licensed
362	362	under this chapter [or a person who is an owner or manager of a
363	363	physical therapy facility registered under this chapter] must
364	364	provide the board with a business address or address of record that
365	365	will be subject to disclosure under Chapter 552, Government Code.
366	366	SECTION 2.09. Section 453.154(e), Occupations Code, is
367	367	amended to read as follows:
368	368	(e) The staff of the executive council [coordinator of
369	369	physical therapy programs] shall notify the board of a complaint
370	370	that is unresolved after the time prescribed by the board for
371	371	resolving the complaint so that the board may take necessary action
372	372	on the complaint.
373	373	SECTION 2.10. The heading to Subchapter E, Chapter 453,
374	374	Occupations Code, is amended to read as follows:
375	375	SUBCHAPTER E. LICENSE REQUIREMENTS[; REGISTRATION OF FACILITIES]
376	376	SECTION 2.11. Section 453.202(b), Occupations Code, is
377	377	amended to read as follows:
378	378	(b) The application must be accompanied by[:
379	379	[(1) an examination fee prescribed by the board; and
380	380	[(2)] a nonrefundable application fee prescribed by
381	381	the executive council [board].
382	382	SECTION 2.12. Section 453.203, Occupations Code, is amended
383	383	to read as follows:
384	384	Sec. 453.203. QUALIFICATIONS FOR PHYSICAL THERAPIST OR
385	385	PHYSICAL THERAPIST ASSISTANT LICENSE. (a) An applicant for a
386	386	physical therapist license must, in addition to other requirements
387	387	and qualifications established by the board, present:
388	388	(1) evidence satisfactory to the board that the
389	389	applicant has completed an accredited physical therapy educational
390	390	program; or
391	391	(2) official documentation from an educational
392	392	credentials review agency approved by the board certifying that the
393	393	applicant has completed[:
394	394	[(A)] a program equivalent to a Commission on
395	395	Accreditation in [of] Physical Therapy Education accredited
396	396	program[; and
397	397	[(B) at least 60 academic semester credits or the
398	398	equivalent from an accredited institution of higher education].
399	399	(b) An applicant for a physical therapist assistant license
400	400	must, in addition to other requirements and qualifications
401	401	established by the board, present evidence satisfactory to the
402	402	board that the applicant has completed an accredited physical
403	403	therapist assistant program or an accredited physical therapy
404	404	educational program[, including courses in the anatomical,
405	405	biological, and physical sciences, and clinical procedures
406	406	prescribed and approved by the board].
407	407	(c) A physical therapy educational program or physical
408	408	therapist assistant program is an accredited program if the program
409	409	is[:
410	410	[(1)] accredited by the Commission on Accreditation in
411	411	Physical Therapy Education[; and
412	412	[(2) associated with an institution of higher
413	413	education].
414	414	SECTION 2.13. Section 453.204(b), Occupations Code, is
415	415	amended to read as follows:
416	416	(b) Before allowing a foreign-trained applicant to take the
417	417	examination, the board shall require the applicant to furnish proof
418	418	of[:
419	419	[(1) good moral character; and
420	420	[(2)] completion of requirements substantially equal
421	421	to those under Section 453.203.
422	422	SECTION 2.14. Section 453.205, Occupations Code, is amended
423	423	to read as follows:
424	424	Sec. 453.205. LICENSE EXAMINATION. (a) The board by rule
425	425	shall recognize a national testing entity to administer the
426	426	examination required to obtain a physical therapist or physical
427	427	therapist assistant license [shall examine applicants for licenses
428	428	at least once each year at a reasonable place and time designated by
429	429	the board].
430	430	(b) The physical therapist examination is a national
431	431	examination that tests entry-level competence related to [must
432	432	cover the subjects generally taught by an accredited] physical
433	433	therapy theory, examination [educational program or an accredited
434	434	physical therapist assistant program and may include clinical
435	435	decision-making] and evaluation, prognosis, treatment
436	436	intervention, prevention [program planning and implementation, and
437	437	administration, education], and consultation[, and research in
438	438	physical therapy].
439	439	(c) The physical therapist assistant examination is a
440	440	national examination that tests for required knowledge and skills
441	441	in the technical application of physical therapy services [board by
442	442	rule may establish a procedure for administering the examination,
443	443	including the conditions under which and the number of times an
444	444	applicant may retake an examination].
445	445	(d) An applicant for a license must agree to comply with the
446	446	security and copyright provisions of the national examination. If
447	447	the board has knowledge of a violation of the security or copyright
448	448	provisions or a compromise or attempted compromise of the
449	449	provisions, the board shall report the matter to the testing entity
450	450	[The board shall have any written portion of the examination
451	451	validated by an independent testing entity].
452	452	(e) The board may disqualify an applicant from taking or
453	453	retaking an examination for a period specified by the board if the
454	454	board determines that the applicant engaged or attempted to engage
455	455	in conduct that compromises or undermines the integrity of the
456	456	examination process, including a violation of security or copyright
457	457	provisions related to the national examination.
458	458	(f) If the board enters into a contract with a national
459	459	testing entity under Subsection (a), the contract must include a
460	460	provision requiring the national testing entity to provide to the
461	461	board an examination score report for each applicant for a license
462	462	under this chapter who took the examination.
463	463	(g) The board may require an applicant for a physical
464	464	therapist or physical therapist assistant license to pass a
465	465	jurisprudence examination.
466	466	SECTION 2.15. Section 453.207, Occupations Code, is amended
467	467	to read as follows:
468	468	Sec. 453.207. REEXAMINATION. (a) An applicant who fails to
469	469	pass an [a one-part] examination under Section 453.205 may retake
470	470	the examination under the policies of the national testing entity
471	471	[or a part of a divided examination may take another one-part
472	472	examination or the part of the divided examination that the
473	473	applicant failed on payment of an additional examination fee].
474	474	(b) [If an applicant fails to pass a second or subsequent
475	475	examination, the board shall require the applicant to complete an
476	476	additional course of study designated by the board.] Before
477	477	retaking an [taking a subsequent] examination, the applicant must:
478	478	(1) submit [present] to the board a reexamination
479	479	application prescribed by the board [satisfactory evidence that the
480	480	applicant has completed the required course of study]; and
481	481	(2) pay a nonrefundable application [an additional]
482	482	fee prescribed by the executive council [equal to the amount of the
483	483	fee required for filing the original application].
484	484	SECTION 2.16. Subchapter E, Chapter 453, Occupations Code,
485	485	is amended by adding Sections 453.214 and 453.215 to read as
486	486	follows:
487	487	Sec. 453.214. LICENSE BY ENDORSEMENT. (a) The board shall
488	488	issue a physical therapist license or a physical therapist
489	489	assistant license, as applicable, to an applicant who holds a
490	490	current, unrestricted license in another jurisdiction that
491	491	maintains licensing requirements that are substantially equivalent
492	492	to the requirements under this chapter. An applicant for a license
493	493	under this section must:
494	494	(1) present proof to the board that the applicant is
495	495	licensed in good standing as a physical therapist or physical
496	496	therapist assistant in that jurisdiction;
497	497	(2) provide to the board information regarding the
498	498	status of any other professional license that the applicant holds
499	499	or has held in this state or another jurisdiction;
500	500	(3) present proof to the board that the applicant has
501	501	passed a jurisprudence examination required by the board;
502	502	(4) meet the qualifications required by Section
503	503	453.203 or 453.204, as applicable;
504	504	(5) not have committed an act that is grounds for
505	505	denial of a license under Section 453.351;
506	506	(6) submit to the board a current photograph that
507	507	meets the requirements for a United States passport; and
508	508	(7) meet any additional requirements provided by board
509	509	rule.
510	510	(b) The board shall adopt rules for issuing a provisional
511	511	license under Section 453.209 to an applicant for a license by
512	512	endorsement who encounters a delay that is outside the applicant's
513	513	control in submitting to the board the documentation required by
514	514	this section.
515	515	Sec. 453.215. CRIMINAL HISTORY RECORD INFORMATION FOR
516	516	LICENSE ISSUANCE. (a) The board shall require that an applicant
517	517	for a license submit a complete and legible set of fingerprints, on
518	518	a form prescribed by the board, to the board or to the Department of
519	519	Public Safety for the purpose of obtaining criminal history record
520	520	information from the Department of Public Safety and the Federal
521	521	Bureau of Investigation.
522	522	(b) The board may not issue a license to a person who does
523	523	not comply with the requirement of Subsection (a).
524	524	(c) The board shall conduct a criminal history record
525	525	information check of each applicant for a license using
526	526	information:
527	527	(1) provided by the individual under this section; and
528	528	(2) made available to the board by the Department of
529	529	Public Safety, the Federal Bureau of Investigation, and any other
530	530	criminal justice agency under Chapter 411, Government Code.
531	531	(d) The board may:
532	532	(1) enter into an agreement with the Department of
533	533	Public Safety to administer a criminal history record information
534	534	check required under this section; and
535	535	(2) authorize the Department of Public Safety to
536	536	collect from each applicant the costs incurred by the Department of
537	537	Public Safety in conducting the criminal history record information
538	538	check.
539	539	SECTION 2.17. Section 453.252(b), Occupations Code, is
540	540	amended to read as follows:
541	541	(b) A person whose license has been expired for 90 days or
542	542	less may renew the license by paying to the executive council the
543	543	renewal fee and a late fee set by the executive council in an amount
544	544	that does not exceed one-half of the amount charged for renewal of
545	545	[examination for] the license. If a person's license has been
546	546	expired for more than 90 days but less than one year, the person may
547	547	renew the license by paying to the executive council all unpaid
548	548	renewal fees and a late fee set by the executive council in an
549	549	amount that does not exceed the amount charged for renewal of
550	550	[examination for] the license.
551	551	SECTION 2.18. Section 453.253(b), Occupations Code, is
552	552	amended to read as follows:
553	553	(b) The person must pay to the executive council a renewal
554	554	fee set by the executive council under this section in an amount
555	555	that does not exceed the renewal [examination] fee for the license.
556	556	SECTION 2.19. Section 453.254, Occupations Code, is amended
557	557	by adding Subsection (e) to read as follows:
558	558	(e) The board by rule shall establish a process for
559	559	selecting an appropriate organization to approve continuing
560	560	competence activities under Subsection (d). The selection process
561	561	must include a request for proposal and bidding process. If the
562	562	board authorizes an organization to approve continuing competence
563	563	activities under Subsection (d), the board shall request bids and
564	564	proposals from that organization and other organizations at least
565	565	once every four years.
566	566	SECTION 2.20. Subchapter F, Chapter 453, Occupations Code,
567	567	is amended by adding Section 453.255 to read as follows:
568	568	Sec. 453.255. CRIMINAL HISTORY RECORD INFORMATION
569	569	REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
570	570	license issued under this chapter shall submit a complete and
571	571	legible set of fingerprints for purposes of performing a criminal
572	572	history record information check of the applicant as provided by
573	573	Section 453.215.
574	574	(b) The board may administratively suspend or refuse to
575	575	renew the license of a person who does not comply with the
576	576	requirement of Subsection (a).
577	577	(c) A license holder is not required to submit fingerprints
578	578	under this section for the renewal of the license if the license
579	579	holder has previously submitted fingerprints under:
580	580	(1) Section 453.215 for the initial issuance of the
581	581	license; or
582	582	(2) this section as part of a prior license renewal.
583	583	SECTION 2.21. Subchapter H, Chapter 453, Occupations Code,
584	584	is amended by adding Sections 453.3525 and 453.357 to read as
585	585	follows:
586	586	Sec. 453.3525. SCHEDULE OF SANCTIONS. (a) The board by
587	587	rule shall adopt a schedule of administrative penalties and other
588	588	sanctions that the board may impose under this chapter. In adopting
589	589	the schedule of sanctions, the board shall ensure that the amount of
590	590	the penalty or severity of the sanction imposed is appropriate to
591	591	the type of violation or conduct that is the basis for disciplinary
592	592	action. In determining the appropriate disciplinary action,
593	593	including the amount of any administrative penalty to assess, the
594	594	board shall consider:
595	595	(1) the seriousness of the violation, including:
596	596	(A) the nature, circumstances, extent, and
597	597	gravity of the violation; and
598	598	(B) the hazard or potential hazard created to the
599	599	health, safety, or economic welfare of the public;
600	600	(2) the history of previous violations;
601	601	(3) the amount necessary to deter future violations;
602	602	(4) efforts to correct the violation;
603	603	(5) the economic harm to the public interest or public
604	604	confidence caused by the violation;
605	605	(6) whether the violation was intentional; and
606	606	(7) any other matter that justice may require.
607	607	(b) The board shall make the schedule of sanctions adopted
608	608	under Subsection (a) available to the public on request.
609	609	Sec. 453.357. RECORD OF DISCIPLINARY ACTION; EXPUNGEMENT.
610	610	(a) The board by rule shall establish a process to expunge any
611	611	record of disciplinary action taken against a license holder before
612	612	September 1, 2017, for practicing in a facility that failed to meet
613	613	the registration requirements of Section 453.213, as that section
614	614	existed on January 1, 2017. The rules must provide that the board
615	615	may not expunge a record under this section after September 1, 2019.
616	616	(b) This section expires September 1, 2019.
617	617	SECTION 2.22. Section 453.401, Occupations Code, is amended
618	618	to read as follows:
619	619	Sec. 453.401. IMPOSITION OF PENALTY. The board may impose
620	620	an administrative penalty on a person licensed or regulated under
621	621	this chapter [or a facility registered under this chapter] who
622	622	violates this chapter or a rule or order adopted under this chapter.
623	623	SECTION 2.23. Section 453.402(b), Occupations Code, is
624	624	amended to read as follows:
625	625	(b) The amount of the penalty shall be determined according
626	626	to the sanctions schedule adopted under Section 453.3525 [based on:
627	627	[(1) the seriousness of the violation, including:
628	628	[(A) the nature, circumstances, extent, and
629	629	gravity of a prohibited act; and
630	630	[(B) the hazard or potential hazard created to
631	631	the health, safety, or economic welfare of the public;
632	632	[(2) the history of previous violations;
633	633	[(3) the amount necessary to deter future violations;
634	634	[(4) efforts to correct the violation; and
635	635	[(5) any other matter that justice may require].
636	636	SECTION 2.24. Section 453.403(a), Occupations Code, is
637	637	amended to read as follows:
638	638	(a) The board shall adopt rules that establish procedures
639	639	for assessing an administrative penalty and that provide for notice
640	640	and a hearing for a license holder [or facility administrator] that
641	641	may be subject to a penalty under this subchapter.
642	642	SECTION 2.25. The following provisions of the Occupations
643	643	Code are repealed:
644	644	(1) Section 453.001(8);
645	645	(2) Section 453.202(c);
646	646	(3) Section 453.206; and
647	647	(4) Section 453.213.
648	648	SECTION 2.26. (a) Except as provided by Subsection (b) of
649	649	this section, Section 453.060, Occupations Code, as amended by this
650	650	article, applies to a member of the Texas Board of Physical Therapy
651	651	Examiners appointed before, on, or after the effective date of this
652	652	article.
653	653	(b) A member of the Texas Board of Physical Therapy
654	654	Examiners who, before the effective date of this article, completed
655	655	the training program required by Section 453.060, Occupations Code,
656	656	as that law existed before the effective date of this article, is
657	657	required to complete additional training only on subjects added to
658	658	the training program required by Section 453.060, Occupations Code,
659	659	as amended by this article. A board member described by this
660	660	subsection may not vote, deliberate, or be counted as a member in
661	661	attendance at a meeting of the Texas Board of Physical Therapy
662	662	Examiners held on or after December 1, 2017, until the member
663	663	completes the additional training.
664	664	SECTION 2.27. As soon as practicable after the effective
665	665	date of this article, the director of the Executive Council of
666	666	Physical Therapy and Occupational Therapy Examiners shall create
667	667	the training manual required by Section 453.060(d), Occupations
668	668	Code, as amended by this article.
669	669	SECTION 2.28. As soon as practicable after the effective
670	670	date of this article, the Texas Board of Physical Therapy Examiners
671	671	shall:
672	672	(1) develop and implement the policies required by:
673	673	(A) Section 453.105(b), Occupations Code, as
674	674	amended by this article; and
675	675	(B) Section 453.109, Occupations Code, as added
676	676	by this article; and
677	677	(2) adopt any rules necessary to implement Chapter
678	678	453, Occupations Code, as amended by this article.
679	679	SECTION 2.29. Not later than September 1, 2018, the Texas
680	680	Board of Physical Therapy Examiners shall establish the request for
681	681	proposal and bidding process required by Section 453.254(e),
682	682	Occupations Code, as added by this article.
683	683	SECTION 2.30. Sections 453.203, 453.204, 453.205, 453.207,
684	684	453.252, and 453.253, Occupations Code, as amended by this article,
685	685	and Sections 453.215 and 453.255, Occupations Code, as added by
686	686	this article, apply only to an application for the issuance or
687	687	renewal of a physical therapist or physical therapist assistant
688	688	license submitted to the Texas Board of Physical Therapy Examiners
689	689	on or after the effective date of this article. An application
690	690	submitted before that date is governed by the law in effect on the
691	691	date the application was submitted, and the former law is continued
692	692	in effect for that purpose.
693	693	SECTION 2.31. A person who holds a physical therapist or
694	694	physical therapist assistant license issued before the effective
695	695	date of this article may continue to renew that license without
696	696	complying with the changes in law made by this article to Section
697	697	453.203, Occupations Code.
698	698	SECTION 2.32. (a) The Texas Board of Physical Therapy
699	699	Examiners shall dismiss the portion of any complaint, penalty,
700	700	disciplinary action, or contested case pending on the effective
701	701	date of this article that is based on a violation of rules adopted
702	702	under Section 453.213, Occupations Code, as repealed by this
703	703	article.
704	704	(b) Section 453.357, Occupations Code, as added by this
705	705	article, applies only to records of disciplinary action for conduct
706	706	that occurred before the effective date of this article.
707	707	SECTION 2.33. Section 453.3525, Occupations Code, as added
708	708	by this article, and Section 453.402(b), Occupations Code, as
709	709	amended by this article, apply only to conduct that occurs on or
710	710	after the date that rules adopted under Section 453.3525 take
711	711	effect. Conduct that occurs before that date is governed by the law
712	712	in effect before the effective date of this article, and the former
713	713	law is continued in effect for that purpose.
714	714	ARTICLE 3. PHYSICAL THERAPY LICENSURE COMPACT
715	715	SECTION 3.01. Chapter 453, Occupations Code, is amended by
716	716	adding Subchapter K to read as follows:
717	717	SUBCHAPTER K. PHYSICAL THERAPY LICENSURE COMPACT
718	718	Sec. 453.501. PHYSICAL THERAPY LICENSURE COMPACT. The
719	719	Physical Therapy Licensure Compact is enacted and entered into with
720	720	all other jurisdictions that legally join in the compact, which
721	721	reads as follows:
722	722	SECTION 1. PURPOSE
723	723	The purpose of this Compact is to facilitate interstate
724	724	practice of physical therapy with the goal of improving public
725	725	access to physical therapy services. The practice of physical
726	726	therapy occurs in the state where the patient/client is located at
727	727	the time of the patient/client encounter. The Compact preserves the
728	728	regulatory authority of states to protect public health and safety
729	729	through the current system of state licensure.
730	730	This Compact is designed to achieve the following objectives:
731	731	1. Increase public access to physical therapy services by
732	732	providing for the mutual recognition of other member
733	733	state licenses;
734	734	2. Enhance the states' ability to protect the public's
735	735	health and safety;
736	736	3. Encourage the cooperation of member states in regulating
737	737	multi-state physical therapy practice;
738	738	4. Support spouses of relocating military members;
739	739	5. Enhance the exchange of licensure, investigative, and
740	740	disciplinary information between member states; and
741	741	6. Allow a remote state to hold a provider of services with a
742	742	compact privilege in that state accountable to that
743	743	state's practice standards.
744	744	SECTION 2. DEFINITIONS
745	745	As used in this Compact, and except as otherwise provided,
746	746	the following definitions shall apply:
747	747	1. "Active Duty Military" means full-time duty status
748	748	in the active uniformed service of the United
749	749	States, including members of the National Guard and
750	750	Reserve on active duty orders pursuant to 10 U.S.C.
751	751	Section 1209 and 1211.
752	752	2. "Adverse Action" means disciplinary action taken by
753	753	a physical therapy licensing board based upon
754	754	misconduct, unacceptable performance, or a
755	755	combination of both.
756	756	3. "Alternative Program" means a non-disciplinary
757	757	monitoring or practice remediation process
758	758	approved by a physical therapy licensing board.
759	759	This includes, but is not limited to, substance
760	760	abuse issues.
761	761	4. "Compact privilege" means the authorization
762	762	granted by a remote state to allow a licensee from
763	763	another member state to practice as a physical
764	764	therapist or work as a physical therapist assistant
765	765	in the remote state under its laws and rules. The
766	766	practice of physical therapy occurs in the member
767	767	state where the patient/client is located at the
768	768	time of the patient/client encounter.
769	769	5. "Continuing competence" means a requirement, as a
770	770	condition of license renewal, to provide evidence
771	771	of participation in, and/or completion of,
772	772	educational and professional activities relevant
773	773	to practice or area of work.
774	774	6. "Data system" means a repository of information
775	775	about licensees, including examination, licensure,
776	776	investigative, compact privilege, and adverse
777	777	action.
778	778	7. "Encumbered license" means a license that a
779	779	physical therapy licensing board has limited in any
780	780	way.
781	781	8. "Executive Board" means a group of directors
782	782	elected or appointed to act on behalf of, and
783	783	within the powers granted to them by, the
784	784	Commission.
785	785	9. "Home state" means the member state that is the
786	786	licensee's primary state of residence.
787	787	10. "Investigative information" means information,
788	788	records, and documents received or generated by a
789	789	physical therapy licensing board pursuant to an
790	790	investigation.
791	791	11. "Jurisprudence Requirement" means the assessment
792	792	of an individual's knowledge of the laws and rules
793	793	governing the practice of physical therapy in a
794	794	state.
795	795	12. "Licensee" means an individual who currently holds
796	796	an authorization from the state to practice as a
797	797	physical therapist or to work as a physical
798	798	therapist assistant.
799	799	13. "Member state" means a state that has enacted the
800	800	Compact.
801	801	14. "Party state" means any member state in which a
802	802	licensee holds a current license or compact
803	803	privilege or is applying for a license or compact
804	804	privilege.
805	805	15. "Physical therapist" means an individual who is
806	806	licensed by a state to practice physical therapy.
807	807	16. "Physical therapist assistant" means an individual
808	808	who is licensed/certified by a state and who
809	809	assists the physical therapist in selected
810	810	components of physical therapy.
811	811	17. "Physical therapy," "physical therapy practice,"
812	812	and "the practice of physical therapy" mean the
813	813	care and services provided by or under the
814	814	direction and supervision of a licensed physical
815	815	therapist.
816	816	18. "Physical Therapy Compact Commission" or
817	817	"Commission" means the national administrative
818	818	body whose membership consists of all states that
819	819	have enacted the Compact.
820	820	19. "Physical therapy licensing board" or "licensing
821	821	board" means the agency of a state that is
822	822	responsible for the licensing and regulation of
823	823	physical therapists and physical therapist
824	824	assistants.
825	825	20. "Remote State" means a member state other than the
826	826	home state, where a licensee is exercising or
827	827	seeking to exercise the compact privilege.
828	828	21. "Rule" means a regulation, principle, or directive
829	829	promulgated by the Commission that has the force of
830	830	law.
831	831	22. "State" means any state, commonwealth, district, or
832	832	territory of the United States of America that
833	833	regulates the practice of physical therapy.
834	834	SECTION 3. STATE PARTICIPATION IN THE COMPACT
835	835	A. To participate in the Compact, a state must:
836	836	1. Participate fully in the Commission's data system,
837	837	including using the Commission's unique identifier
838	838	as defined in rules;
839	839	2. Have a mechanism in place for receiving and
840	840	investigating complaints about licensees;
841	841	3. Notify the Commission, in compliance with the terms
842	842	of the Compact and rules, of any adverse action or
843	843	the availability of investigative information
844	844	regarding a licensee;
845	845	4. Fully implement a criminal background check
846	846	requirement, within a time frame established by
847	847	rule, by receiving the results of the Federal
848	848	Bureau of Investigation record search on criminal
849	849	background checks and use the results in making
850	850	licensure decisions in accordance with Section
851	851	3.B.;
852	852	5. Comply with the rules of the Commission;
853	853	6. Utilize a recognized national examination as a
854	854	requirement for licensure pursuant to the rules of
855	855	the Commission; and
856	856	7. Have continuing competence requirements as a
857	857	condition for license renewal.
858	858	B. Upon adoption of this statute, the member state shall
859	859	have the authority to obtain biometric-based information from each
860	860	physical therapy licensure applicant and submit this information to
861	861	the Federal Bureau of Investigation for a criminal background check
862	862	in accordance with 28 U.S.C. Section 534 and 42 U.S.C. Section
863	863	14616.
864	864	C. A member state shall grant the compact privilege to a
865	865	licensee holding a valid unencumbered license in another member
866	866	state in accordance with the terms of the Compact and rules.
867	867	D. Member states may charge a fee for granting a compact
868	868	privilege.
869	869	SECTION 4. COMPACT PRIVILEGE
870	870	A. To exercise the compact privilege under the terms and
871	871	provisions of the Compact, the licensee shall:
872	872	1. Hold a license in the home state;
873	873	2. Have no encumbrance on any state license;
874	874	3. Be eligible for a compact privilege in any member
875	875	state in accordance with Section 4D, G and H;
876	876	4. Have not had any adverse action against any license
877	877	or compact privilege within the previous 2 years;
878	878	5. Notify the Commission that the licensee is seeking
879	879	the compact privilege within a remote state(s);
880	880	6. Pay any applicable fees, including any state fee,
881	881	for the compact privilege;
882	882	7. Meet any jurisprudence requirements established by
883	883	the remote state(s) in which the licensee is
884	884	seeking a compact privilege; and
885	885	8. Report to the Commission adverse action taken by
886	886	any non-member state within 30 days from the date
887	887	the adverse action is taken.
888	888	B. The compact privilege is valid until the expiration date
889	889	of the home license. The licensee must comply with the requirements
890	890	of Section 4.A. to maintain the compact privilege in the remote
891	891	state.
892	892	C. A licensee providing physical therapy in a remote state
893	893	under the compact privilege shall function within the laws and
894	894	regulations of the remote state.
895	895	D. A licensee providing physical therapy in a remote state
896	896	is subject to that state's regulatory authority. A remote state
897	897	may, in accordance with due process and that state's laws, remove a
898	898	licensee's compact privilege in the remote state for a specific
899	899	period of time, impose fines, and/or take any other necessary
900	900	actions to protect the health and safety of its citizens. The
901	901	licensee is not eligible for a compact privilege in any state until
902	902	the specific time for removal has passed and all fines are paid.
903	903	E. If a home state license is encumbered, the licensee shall
904	904	lose the compact privilege in any remote state until the following
905	905	occur:
906	906	1. The home state license is no longer encumbered; and
907	907	2. Two years have elapsed from the date of the adverse
908	908	action.
909	909	F. Once an encumbered license in the home state is restored
910	910	to good standing, the licensee must meet the requirements of
911	911	Section 4A to obtain a compact privilege in any remote state.
912	912	G. If a licensee's compact privilege in any remote state is
913	913	removed, the individual shall lose the compact privilege in any
914	914	remote state until the following occur:
915	915	1. The specific period of time for which the compact
916	916	privilege was removed has ended;
917	917	2. All fines have been paid; and
918	918	3. Two years have elapsed from the date of the adverse
919	919	action.
920	920	H. Once the requirements of Section 4G have been met, the
921	921	license must meet the requirements in Section 4A to obtain a compact
922	922	privilege in a remote state.
923	923	SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
924	924	A licensee who is active duty military or is the spouse of an
925	925	individual who is active duty military may designate one of the
926	926	following as the home state:
927	927	A. Home of record;
928	928	B. Permanent Change of Station (PCS); or
929	929	C. State of current residence if it is different than the
930	930	PCS state or home of record.
931	931	SECTION 6. ADVERSE ACTIONS
932	932	A. A home state shall have exclusive power to impose adverse
933	933	action against a license issued by the home state.
934	934	B. A home state may take adverse action based on the
935	935	investigative information of a remote state, so long as the home
936	936	state follows its own procedures for imposing adverse action.
937	937	C. Nothing in this Compact shall override a member state's
938	938	decision that participation in an alternative program may be used
939	939	in lieu of adverse action and that such participation shall remain
940	940	non-public if required by the member state's laws. Member states
941	941	must require licensees who enter any alternative programs in lieu
942	942	of discipline to agree not to practice in any other member state
943	943	during the term of the alternative program without prior
944	944	authorization from such other member state.
945	945	D. Any member state may investigate actual or alleged
946	946	violations of the statutes and rules authorizing the practice of
947	947	physical therapy in any other member state in which a physical
948	948	therapist or physical therapist assistant holds a license or
949	949	compact privilege.
950	950	E. A remote state shall have the authority to:
951	951	1. Take adverse actions as set forth in Section 4.D.
952	952	against a licensee's compact privilege in the
953	953	state;
954	954	2. Issue subpoenas for both hearings and
955	955	investigations that require the attendance and
956	956	testimony of witnesses, and the production of
957	957	evidence. Subpoenas issued by a physical therapy
958	958	licensing board in a party state for the attendance
959	959	and testimony of witnesses, and/or the production
960	960	of evidence from another party state, shall be
961	961	enforced in the latter state by any court of
962	962	competent jurisdiction, according to the practice
963	963	and procedure of that court applicable to subpoenas
964	964	issued in proceedings pending before it. The
965	965	issuing authority shall pay any witness fees,
966	966	travel expenses, mileage, and other fees required
967	967	by the service statutes of the state where the
968	968	witnesses and/or evidence are located; and
969	969	3. If otherwise permitted by state law, recover from
970	970	the licensee the costs of investigations and
971	971	disposition of cases resulting from any adverse
972	972	action taken against that licensee.
973	973	F. Joint Investigations
974	974	1. In addition to the authority granted to a member
975	975	state by its respective physical therapy practice
976	976	act or other applicable state law, a member state
977	977	may participate with other member states in joint
978	978	investigations of licensees.
979	979	2. Member states shall share any investigative,
980	980	litigation, or compliance materials in furtherance
981	981	of any joint or individual investigation initiated
982	982	under the Compact.
983	983	SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
984	984	COMMISSION
985	985	A. The Compact member states hereby create and establish a
986	986	joint public agency known as the Physical Therapy Compact
987	987	Commission:
988	988	1. The Commission is an instrumentality of the Compact
989	989	states.
990	990	2. Venue is proper and judicial proceedings by or
991	991	against the Commission shall be brought solely and
992	992	exclusively in a court of competent jurisdiction
993	993	where the principal office of the Commission is
994	994	located. The Commission may waive venue and
995	995	jurisdictional defenses to the extent it adopts or
996	996	consents to participate in alternative dispute
997	997	resolution proceedings.
998	998	3. Nothing in this Compact shall be construed to be a
999	999	waiver of sovereign immunity.
1000	1000	B. Membership, Voting, and Meetings
1001	1001	1. Each member state shall have and be limited to one
1002	1002	(1) delegate selected by that member state's
1003	1003	licensing board.
1004	1004	2. The delegate shall be a current member of the
1005	1005	licensing board, who is a physical therapist,
1006	1006	physical therapist assistant, public member, or
1007	1007	the board administrator.
1008	1008	3. Any delegate may be removed or suspended from
1009	1009	office as provided by the law of the state from
1010	1010	which the delegate is appointed.
1011	1011	4. The member state board shall fill any vacancy
1012	1012	occurring in the Commission.
1013	1013	5. Each delegate shall be entitled to one (1) vote with
1014	1014	regard to the promulgation of rules and creation of
1015	1015	bylaws and shall otherwise have an opportunity to
1016	1016	participate in the business and affairs of the
1017	1017	Commission.
1018	1018	6. A delegate shall vote in person or by such other
1019	1019	means as provided in the bylaws. The bylaws may
1020	1020	provide for delegates' participation in meetings by
1021	1021	telephone or other means of communication.
1022	1022	7. The Commission shall meet at least once during each
1023	1023	calendar year. Additional meetings shall be held as
1024	1024	set forth in the bylaws.
1025	1025	C. The Commission shall have the following powers and
1026	1026	duties:
1027	1027	1. Establish the fiscal year of the Commission;
1028	1028	2. Establish bylaws;
1029	1029	3. Maintain its financial records in accordance with
1030	1030	the bylaws;
1031	1031	4. Meet and take such actions as are consistent with
1032	1032	the provisions of this Compact and the bylaws;
1033	1033	5. Promulgate uniform rules to facilitate and
1034	1034	coordinate implementation and administration of
1035	1035	this Compact. The rules shall have the force and
1036	1036	effect of law and shall be binding in all member
1037	1037	states;
1038	1038	6. Bring and prosecute legal proceedings or actions in
1039	1039	the name of the Commission, provided that the
1040	1040	standing of any state physical therapy licensing
1041	1041	board to sue or be sued under applicable law shall
1042	1042	not be affected;
1043	1043	7. Purchase and maintain insurance and bonds;
1044	1044	8. Borrow, accept, or contract for services of
1045	1045	personnel, including, but not limited to,
1046	1046	employees of a member state;
1047	1047	9. Hire employees, elect or appoint officers, fix
1048	1048	compensation, define duties, grant such
1049	1049	individuals appropriate authority to carry out the
1050	1050	purposes of the Compact, and to establish the
1051	1051	Commission's personnel policies and programs
1052	1052	relating to conflicts of interest, qualifications
1053	1053	of personnel, and other related personnel matters;
1054	1054	10. Accept any and all appropriate donations and grants
1055	1055	of money, equipment, supplies, materials and
1056	1056	services, and to receive, utilize and dispose of
1057	1057	the same; provided that at all times the Commission
1058	1058	shall avoid any appearance of impropriety and/or
1059	1059	conflict of interest;
1060	1060	11. Lease, purchase, accept appropriate gifts or
1061	1061	donations of, or otherwise to own, hold, improve or
1062	1062	use, any property, real, personal or mixed;
1063	1063	provided that at all times the Commission shall
1064	1064	avoid any appearance of impropriety;
1065	1065	12. Sell convey, mortgage, pledge, lease, exchange,
1066	1066	abandon, or otherwise dispose of any property real,
1067	1067	personal, or mixed;
1068	1068	13. Establish a budget and make expenditures;
1069	1069	14. Borrow money;
1070	1070	15. Appoint committees, including standing committees
1071	1071	composed of members, state regulators, state
1072	1072	legislators or their representatives, and consumer
1073	1073	representatives, and such other interested persons
1074	1074	as may be designated in this Compact and the
1075	1075	bylaws;
1076	1076	16. Provide and receive information from, and cooperate
1077	1077	with, law enforcement agencies;
1078	1078	17. Establish and elect an Executive Board; and
1079	1079	18. Perform such other functions as may be necessary or
1080	1080	appropriate to achieve the purposes of this Compact
1081	1081	consistent with the state regulation of physical
1082	1082	therapy licensure and practice.
1083	1083	D. The Executive Board
1084	1084	The Executive Board shall have the power to act on behalf of
1085	1085	the Commission according to the terms of this Compact.
1086	1086	1. The Executive Board shall be composed of nine
1087	1087	members:
1088	1088	a. Seven voting members who are elected by the
1089	1089	Commission from the current membership of the
1090	1090	Commission;
1091	1091	b. One ex-officio, nonvoting member from the
1092	1092	recognized national physical therapy
1093	1093	professional association; and
1094	1094	c. One ex-officio, nonvoting member from the
1095	1095	recognized membership organization of the
1096	1096	physical therapy licensing boards.
1097	1097	2. The ex-officio members will be selected by their
1098	1098	respective organizations.
1099	1099	3. The Commission may remove any member of the
1100	1100	Executive Board as provided in bylaws.
1101	1101	4. The Executive Board shall meet at least annually.
1102	1102	5. The Executive Board shall have the following Duties
1103	1103	and responsibilities:
1104	1104	a. Recommend to the entire Commission changes to
1105	1105	the rules or bylaws, changes to this Compact
1106	1106	legislation, fees paid by Compact member
1107	1107	states such as annual dues, and any
1108	1108	commission Compact fee charged to licensees
1109	1109	for the compact privilege;
1110	1110	b. Ensure Compact administration services are
1111	1111	appropriately provided, contractual or
1112	1112	otherwise;
1113	1113	c. Prepare and recommend the budget;
1114	1114	d. Maintain financial records on behalf of the
1115	1115	Commission;
1116	1116	e. Monitor Compact compliance of member states
1117	1117	and provide compliance reports to the
1118	1118	Commission;
1119	1119	f. Establish additional committees as necessary;
1120	1120	and
1121	1121	g. Other duties as provided in rules or bylaws.
1122	1122	E. Meetings of the Commission
1123	1123	1. All meetings shall be open to the public, and public
1124	1124	notice of meetings shall be given in the same
1125	1125	manner as required under the rulemaking provisions
1126	1126	in Section 9.
1127	1127	2. The Commission or the Executive Board or other
1128	1128	committees of the Commission may convene in a
1129	1129	closed, non-public meeting if the Commission or
1130	1130	Executive Board or other committees of the
1131	1131	Commission must discuss:
1132	1132	a. Non-compliance of a member state with its
1133	1133	obligations under the Compact;
1134	1134	b. The employment, compensation, discipline or
1135	1135	other matters, practices or procedures
1136	1136	related to specific employees or other
1137	1137	matters related to the Commission's internal
1138	1138	personnel practices and procedures;
1139	1139	c. Current, threatened, or reasonably
1140	1140	anticipated litigation;
1141	1141	d. Negotiation of contracts for the purchase,
1142	1142	lease, or sale of goods, services, or real
1143	1143	estate;
1144	1144	e. Accusing any person of a crime or formally
1145	1145	censuring any person;
1146	1146	f. Disclosure of trade secrets or commercial or
1147	1147	financial information that is privileged or
1148	1148	confidential;
1149	1149	g. Disclosure of information of a personal nature
1150	1150	where disclosure would constitute a clearly
1151	1151	unwarranted invasion of personal privacy;
1152	1152	h. Disclosure of investigative records compiled
1153	1153	for law enforcement purposes;
1154	1154	i. Disclosure of information related to any
1155	1155	investigative reports prepared by or on
1156	1156	behalf of or for use of the Commission or
1157	1157	other committee charged with responsibility
1158	1158	of investigation or determination of
1159	1159	compliance issues pursuant to the Compact; or
1160	1160	j. Matters specifically exempted from disclosure
1161	1161	by federal or member state statute.
1162	1162	3. If a meeting, or portion of a meeting, is closed
1163	1163	pursuant to this provision, the Commission's legal
1164	1164	counsel or designee shall certify that the meeting
1165	1165	may be closed and shall reference each relevant
1166	1166	exempting provision.
1167	1167	4. The Commission shall keep minutes that fully and
1168	1168	clearly describe all matters discussed in a meeting
1169	1169	and shall provide a full and accurate summary of
1170	1170	actions taken, and the reasons therefore,
1171	1171	including a description of the views expressed. All
1172	1172	documents considered in connection with an action
1173	1173	shall be identified in such minutes. All minutes
1174	1174	and documents of a closed meeting shall remain
1175	1175	under seal, subject to release by a majority vote
1176	1176	of the Commission or order of a court of competent
1177	1177	jurisdiction.
1178	1178	F. Financing of the Commission
1179	1179	1. The Commission shall pay, or provide for the
1180	1180	payment of, the reasonable expenses of its
1181	1181	establishment, organization, and ongoing
1182	1182	activities.
1183	1183	2. The Commission may accept any and all appropriate
1184	1184	revenue sources, donations, and grants of money,
1185	1185	equipment, supplies, materials, and services.
1186	1186	3. The Commission may levy on and collect an annual
1187	1187	assessment from each member state or impose fees on
1188	1188	other parties to cover the cost of the operations
1189	1189	and activities of the Commission and its staff,
1190	1190	which must be in a total amount sufficient to cover
1191	1191	its annual budget as approved each year for which
1192	1192	revenue is not provided by other sources. The
1193	1193	aggregate annual assessment amount shall be
1194	1194	allocated based upon a formula to be determined by
1195	1195	the Commission, which shall promulgate a rule
1196	1196	binding upon all member states.
1197	1197	4. The Commission shall not incur obligations of any
1198	1198	kind prior to securing the funds adequate to meet
1199	1199	the same; nor shall the Commission pledge the
1200	1200	credit of any of the member states, except by and
1201	1201	with the authority of the member state.
1202	1202	5. The Commission shall keep accurate accounts of all
1203	1203	receipts and disbursements. The receipts and
1204	1204	disbursements of the Commission shall be subject to
1205	1205	the audit and accounting procedures established
1206	1206	under its bylaws. However, all receipts and
1207	1207	disbursements of funds handled by the Commission
1208	1208	shall be audited yearly by a certified or licensed
1209	1209	public accountant, and the report of the audit
1210	1210	shall be included in and become part of the annual
1211	1211	report of the Commission.
1212	1212	G. Qualified Immunity, Defense, and Indemnification
1213	1213	1. The members, officers, executive director,
1214	1214	employees and representatives of the Commission
1215	1215	shall be immune from suit and liability, either
1216	1216	personally or in their official capacity, for any
1217	1217	claim for damage to or loss of property or personal
1218	1218	injury or other civil liability caused by or
1219	1219	arising out of any actual or alleged act, error or
1220	1220	omission that occurred, or that the person against
1221	1221	whom the claim is made had a reasonable basis for
1222	1222	believing occurred within the scope of Commission
1223	1223	employment, duties or responsibilities; provided
1224	1224	that nothing in this paragraph shall be construed
1225	1225	to protect any such person from suit and/or
1226	1226	liability for any damage, loss, injury, or
1227	1227	liability caused by the intentional or willful or
1228	1228	wanton misconduct of that person.
1229	1229	2. The Commission shall defend any member, officer,
1230	1230	executive director, employee or representative of
1231	1231	the Commission in any civil action seeking to
1232	1232	impose liability arising out of any actual or
1233	1233	alleged act, error, or omission that occurred
1234	1234	within the scope of Commission employment, duties,
1235	1235	or responsibilities, or that the person against
1236	1236	whom the claim is made had a reasonable basis for
1237	1237	believing occurred within the scope of Commission
1238	1238	employment, duties, or responsibilities; provided
1239	1239	that nothing herein shall be construed to prohibit
1240	1240	that person from retaining his or her own counsel;
1241	1241	and provided further, that the actual or alleged
1242	1242	act, error, or omission did not result from that
1243	1243	person's intentional or willful or wanton
1244	1244	misconduct.
1245	1245	3. The Commission shall indemnify and hold harmless
1246	1246	any member, officer, executive director, employee,
1247	1247	or representative of the Commission for the amount
1248	1248	of any settlement or judgment obtained against that
1249	1249	person arising out of any actual or alleged act,
1250	1250	error or omission that occurred within the scope of
1251	1251	Commission employment, duties, or
1252	1252	responsibilities, or that such person had a
1253	1253	reasonable basis for believing occurred within the
1254	1254	scope of Commission employment, duties, or
1255	1255	responsibilities, provided that the actual or
1256	1256	alleged act, error, or omission did not result from
1257	1257	the intentional or willful or wanton misconduct of
1258	1258	that person.
1259	1259	SECTION 8. DATA SYSTEM
1260	1260	A. The Commission shall provide for the development,
1261	1261	maintenance, and utilization of a coordinated database and
1262	1262	reporting system containing licensure, adverse action, and
1263	1263	investigative information on all licensed individuals in member
1264	1264	states.
1265	1265	B. Notwithstanding any other provision of state law to the
1266	1266	contrary, a member state shall submit a uniform data set to the data
1267	1267	system on all individuals to whom this Compact is applicable as
1268	1268	required by the rules of the Commission, including:
1269	1269	1. Identifying information;
1270	1270	2. Licensure data;
1271	1271	3. Adverse actions against a license or compact
1272	1272	privilege;
1273	1273	4. Non-confidential information related to
1274	1274	alternative program participation;
1275	1275	5. Any denial of application for licensure, and the
1276	1276	reason(s) for such denial; and
1277	1277	6. Other information that may facilitate the
1278	1278	administration of this Compact, as determined by
1279	1279	the rules of the Commission.
1280	1280	C. Investigative information pertaining to a licensee in
1281	1281	any member state will only be available to other party states.
1282	1282	D. The Commission shall promptly notify all member states of
1283	1283	any adverse action taken against a licensee or an individual
1284	1284	applying for a license. Adverse action information pertaining to a
1285	1285	licensee in any member state will be available to any other member
1286	1286	state.
1287	1287	E. Member states contributing information to the data
1288	1288	system may designate information that may not be shared with the
1289	1289	public without the express permission of the contributing state.
1290	1290	F. Any information submitted to the data system that is
1291	1291	subsequently required to be expunged by the laws of the member state
1292	1292	contributing the information shall be removed from the data system.
1293	1293	SECTION 9. RULEMAKING
1294	1294	A. The Commission shall exercise its rulemaking powers
1295	1295	pursuant to the criteria set forth in this Section and the rules
1296	1296	adopted thereunder. Rules and amendments shall become binding as of
1297	1297	the date specified in each rule or amendment.
1298	1298	B. If a majority of the legislatures of the member states
1299	1299	rejects a rule, by enactment of a statute or resolution in the same
1300	1300	manner used to adopt the Compact within 4 years of the date of
1301	1301	adoption of the rule, then such rule shall have no further force and
1302	1302	effect in any member state.
1303	1303	C. Rules or amendments to the rules shall be adopted at a
1304	1304	regular or special meeting of the Commission.
1305	1305	D. Prior to promulgation and adoption of a final rule or
1306	1306	rules by the Commission, and at least thirty (30) days in advance of
1307	1307	the meeting at which the rule will be considered and voted upon, the
1308	1308	Commission shall file a Notice of Proposed Rulemaking:
1309	1309	1. On the website of the Commission or other publicly
1310	1310	accessible platform; and
1311	1311	2. On the website of each member state physical
1312	1312	therapy licensing board or other publicly
1313	1313	accessible platform or the publication in which
1314	1314	each state would otherwise publish proposed rules.
1315	1315	E. The Notice of Proposed Rulemaking shall include:
1316	1316	1. The proposed time, date, and location of the
1317	1317	meeting in which the rule will be considered and
1318	1318	voted upon;
1319	1319	2. The text of the proposed rule or amendment and the
1320	1320	reason for the proposed rule;
1321	1321	3. A request for comments on the proposed rule from any
1322	1322	interested person; and
1323	1323	4. The manner in which interested persons may submit
1324	1324	notice to the Commission of their intention to
1325	1325	attend the public hearing and any written comments.
1326	1326	F. Prior to adoption of a proposed rule, the Commission
1327	1327	shall allow persons to submit written data, facts, opinions, and
1328	1328	arguments, which shall be made available to the public.
1329	1329	G. The Commission shall grant an opportunity for a public
1330	1330	hearing before it adopts a rule or amendment if a hearing is
1331	1331	requested by:
1332	1332	1. At least twenty-five (25) persons;
1333	1333	2. A state or federal governmental subdivision or
1334	1334	agency; or
1335	1335	3. An association having at least twenty-five (25)
1336	1336	members.
1337	1337	H. If a hearing is held on the proposed rule or amendment,
1338	1338	the Commission shall publish the place, time, and date of the
1339	1339	scheduled public hearing. If the hearing is held via electronic
1340	1340	means, the Commission shall publish the mechanism for access to the
1341	1341	electronic hearing.
1342	1342	1. All persons wishing to be heard at the hearing shall
1343	1343	notify the executive director of the Commission or
1344	1344	other designated member in writing of their desire
1345	1345	to appear and testify at the hearing not less than
1346	1346	five (5) business days before the scheduled date of
1347	1347	the hearing.
1348	1348	2. Hearings shall be conducted in a manner providing
1349	1349	each person who wishes to comment a fair and
1350	1350	reasonable opportunity to comment orally or in
1351	1351	writing.
1352	1352	3. All hearings will be recorded. A copy of the
1353	1353	recording will be made available on request.
1354	1354	4. Nothing in this section shall be construed as
1355	1355	requiring a separate hearing on each rule. Rules
1356	1356	may be grouped for the convenience of the
1357	1357	Commission at hearings required by this section.
1358	1358	I. Following the scheduled hearing date, or by the close of
1359	1359	business on the scheduled hearing date if the hearing was not held,
1360	1360	the Commission shall consider all written and oral comments
1361	1361	received.
1362	1362	J. If no written notice of intent to attend the public
1363	1363	hearing by interested parties is received, the Commission may
1364	1364	proceed with promulgation of the proposed rule without a public
1365	1365	hearing.
1366	1366	K. The Commission shall, by majority vote of all members,
1367	1367	take final action on the proposed rule and shall determine the
1368	1368	effective date of the rule, if any, based on the rulemaking record
1369	1369	and the full text of the rule.
1370	1370	L. Upon determination that an emergency exists, the
1371	1371	Commission may consider and adopt an emergency rule without prior
1372	1372	notice, opportunity for comment, or hearing, provided that the
1373	1373	usual rulemaking procedures provided in the Compact and in this
1374	1374	section shall be retroactively applied to the rule as soon as
1375	1375	reasonably possible, in no event later than ninety (90) days after
1376	1376	the effective date of the rule. For the purposes of this provision,
1377	1377	an emergency rule is one that must be adopted immediately in order
1378	1378	to:
1379	1379	1. Meet an imminent threat to public health, safety,
1380	1380	or welfare;
1381	1381	2. Prevent a loss of Commission or member state funds;
1382	1382	3. Meet a deadline for the promulgation of an
1383	1383	administrative rule that is established by federal
1384	1384	law or rule; or
1385	1385	4. Protect public health and safety.
1386	1386	M. The Commission or an authorized committee of the
1387	1387	Commission may direct revisions to a previously adopted rule or
1388	1388	amendment for purposes of correcting typographical errors, errors
1389	1389	in format, errors in consistency, or grammatical errors. Public
1390	1390	notice of any revisions shall be posted on the website of the
1391	1391	Commission. The revision shall be subject to challenge by any
1392	1392	person for a period of thirty (30) days after posting. The revision
1393	1393	may be challenged only on grounds that the revision results in a
1394	1394	material change to a rule. A challenge shall be made in writing, and
1395	1395	delivered to the chair of the Commission prior to the end of the
1396	1396	notice period. If no challenge is made, the revision will take
1397	1397	effect without further action. If the revision is challenged, the
1398	1398	revision may not take effect without the approval of the
1399	1399	Commission.
1400	1400	SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1401	1401	A. Oversight
1402	1402	1. The executive, legislative, and judicial branches
1403	1403	of state government in each member state shall
1404	1404	enforce this Compact and take all actions necessary
1405	1405	and appropriate to effectuate the Compact's
1406	1406	purposes and intent. The provisions of this Compact
1407	1407	and the rules promulgated hereunder shall have
1408	1408	standing as statutory law.
1409	1409	2. All courts shall take judicial notice of the
1410	1410	Compact and the rules in any judicial or
1411	1411	administrative proceeding in a member state
1412	1412	pertaining to the subject matter of this Compact
1413	1413	which may affect the powers, responsibilities or
1414	1414	actions of the Commission.
1415	1415	3. The Commission shall be entitled to receive service
1416	1416	of process in any such proceeding, and shall have
1417	1417	standing to intervene in such a proceeding for all
1418	1418	purposes. Failure to provide service of process to
1419	1419	the Commission shall render a judgment or order
1420	1420	void as to the Commission, this Compact, or
1421	1421	promulgated rules.
1422	1422	B. Default, Technical Assistance, and Termination
1423	1423	1. If the Commission determines that a member state
1424	1424	has defaulted in the performance of its obligations
1425	1425	or responsibilities under this Compact or the
1426	1426	promulgated rules, the Commission shall:
1427	1427	a. Provide written notice to the defaulting state
1428	1428	and other member states of the nature of the
1429	1429	default, the proposed means of curing the
1430	1430	default and/or any other action to be taken by
1431	1431	the Commission; and
1432	1432	b. Provide remedial training and specific
1433	1433	technical assistance regarding the default.
1434	1434	2. If a state in default fails to cure the default, the
1435	1435	defaulting state may be terminated from the Compact
1436	1436	upon an affirmative vote of a majority of the
1437	1437	member states, and all rights, privileges and
1438	1438	benefits conferred by this Compact may be
1439	1439	terminated on the effective date of termination. A
1440	1440	cure of the default does not relieve the offending
1441	1441	state of obligations or liabilities incurred
1442	1442	during the period of default.
1443	1443	3. Termination of membership in the Compact shall be
1444	1444	imposed only after all other means of securing
1445	1445	compliance have been exhausted. Notice of intent to
1446	1446	suspend or terminate shall be given by the
1447	1447	Commission to the governor, the majority and
1448	1448	minority leaders of the defaulting state's
1449	1449	legislature, and each of the member states.
1450	1450	4. A state that has been terminated is responsible for
1451	1451	all assessments, obligations, and liabilities
1452	1452	incurred through the effective date of
1453	1453	termination, including obligations that extend
1454	1454	beyond the effective date of termination.
1455	1455	5. The Commission shall not bear any costs related to a
1456	1456	state that is found to be in default or that has
1457	1457	been terminated from the Compact, unless agreed
1458	1458	upon in writing between the Commission and the
1459	1459	defaulting state.
1460	1460	6. The defaulting state may appeal the action of the
1461	1461	Commission by petitioning the U.S. District Court
1462	1462	for the District of Columbia or the federal
1463	1463	district where the Commission has its principal
1464	1464	offices. The prevailing member shall be awarded all
1465	1465	costs of such litigation, including reasonable
1466	1466	attorney's fees.
1467	1467	C. Dispute Resolution
1468	1468	1. Upon request by a member state, the Commission
1469	1469	shall attempt to resolve disputes related to the
1470	1470	Compact that arise among member states and between
1471	1471	member and non-member states.
1472	1472	2. The Commission shall promulgate a rule providing
1473	1473	for both mediation and binding dispute resolution
1474	1474	for disputes as appropriate.
1475	1475	D. Enforcement
1476	1476	1. The Commission, in the reasonable exercise of its
1477	1477	discretion, shall enforce the provisions and rules
1478	1478	of this Compact.
1479	1479	2. By majority vote, the Commission may initiate legal
1480	1480	action in the United States District Court for the
1481	1481	District of Columbia or the federal district where
1482	1482	the Commission has its principal offices against a
1483	1483	member state in default to enforce compliance with
1484	1484	the provisions of the Compact and its promulgated
1485	1485	rules and bylaws. The relief sought may include
1486	1486	both injunctive relief and damages. In the event
1487	1487	judicial enforcement is necessary, the prevailing
1488	1488	member shall be awarded all costs of such
1489	1489	litigation, including reasonable attorney's fees.
1490	1490	3. The remedies herein shall not be the exclusive
1491	1491	remedies of the Commission. The Commission may
1492	1492	pursue any other remedies available under federal or
1493	1493	state law.
1494	1494	SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
1495	1495	COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
1496	1496	WITHDRAWAL, AND AMENDMENT
1497	1497	A. The Compact shall come into effect on the date on which
1498	1498	the Compact statute is enacted into law in the tenth member state.
1499	1499	The provisions, which become effective at that time, shall be
1500	1500	limited to the powers granted to the Commission relating to
1501	1501	assembly and the promulgation of rules. Thereafter, the Commission
1502	1502	shall meet and exercise rulemaking powers necessary to the
1503	1503	implementation and administration of the Compact.
1504	1504	B. Any state that joins the Compact subsequent to the
1505	1505	Commission's initial adoption of the rules shall be subject to the
1506	1506	rules as they exist on the date on which the Compact becomes law in
1507	1507	that state. Any rule that has been previously adopted by the
1508	1508	Commission shall have the full force and effect of law on the day
1509	1509	the Compact becomes law in that state.
1510	1510	C. Any member state may withdraw from this Compact by
1511	1511	enacting a statute repealing the same.
1512	1512	1. A member state's withdrawal shall not take effect
1513	1513	until six (6) months after enactment of the
1514	1514	repealing statute.
1515	1515	2. Withdrawal shall not affect the continuing
1516	1516	requirement of the withdrawing state's physical
1517	1517	therapy licensing board to comply with the
1518	1518	investigative and adverse action reporting
1519	1519	requirements of this act prior to the effective
1520	1520	date of withdrawal.
1521	1521	D. Nothing contained in this Compact shall be construed to
1522	1522	invalidate or prevent any physical therapy licensure agreement or
1523	1523	other cooperative arrangement between a member state and a
1524	1524	non-member state that does not conflict with the provisions of this
1525	1525	Compact.
1526	1526	E. This Compact may be amended by the member states. No
1527	1527	amendment to this Compact shall become effective and binding upon
1528	1528	any member state until it is enacted into the laws of all member
1529	1529	states.
1530	1530	SECTION 12. CONSTRUCTION AND SEVERABILITY
1531	1531	This Compact shall be liberally construed so as to effectuate
1532	1532	the purposes thereof. The provisions of this Compact shall be
1533	1533	severable and if any phrase, clause, sentence or provision of this
1534	1534	Compact is declared to be contrary to the constitution of any party
1535	1535	state or of the United States or the applicability thereof to any
1536	1536	government, agency, person or circumstance is held invalid, the
1537	1537	validity of the remainder of this Compact and the applicability
1538	1538	thereof to any government, agency, person or circumstance shall not
1539	1539	be affected thereby. If this Compact shall be held contrary to the
1540	1540	constitution of any party state, the Compact shall remain in full
1541	1541	force and effect as to the remaining party states and in full force
1542	1542	and effect as to the party state affected as to all severable
1543	1543	matters.
1544	1544	Sec. 453.502. ADMINISTRATION OF COMPACT. The board is the
1545	1545	Physical Therapy Licensure Compact administrator for this state.
1546	1546	Sec. 453.503. RULES. The board may adopt rules necessary to
1547	1547	implement this subchapter.
1548	1548	Sec. 453.504. PHYSICAL THERAPY LICENSURE COMPACT;
1549	1549	DISCLOSURE OF PERSONAL INFORMATION. (a) In reporting information
1550	1550	to the coordinated database and reporting system under Section 8 of
1551	1551	the Physical Therapy Licensure Compact, the board may disclose
1552	1552	personally identifiable information about a physical therapist or a
1553	1553	physical therapist assistant, including the person's social
1554	1554	security number.
1555	1555	(b) The coordinated database and reporting system may not
1556	1556	share personally identifiable information with a state that is not
1557	1557	a party to the compact unless the state agrees to not disclose that
1558	1558	information to any other person.
1559	1559	ARTICLE 4. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
1560	1560	SECTION 4.01. Section 454.003, Occupations Code, is amended
1561	1561	to read as follows:
1562	1562	Sec. 454.003. APPLICATION OF SUNSET ACT. The Texas Board of
1563	1563	Occupational Therapy Examiners is subject to Chapter 325,
1564	1564	Government Code (Texas Sunset Act). Unless continued in existence
1565	1565	as provided by that chapter, the board is abolished and this chapter
1566	1566	expires September 1, 2029 [2017].
1567	1567	SECTION 4.02. Section 454.005(b), Occupations Code, is
1568	1568	amended to read as follows:
1569	1569	(b) The licensing provisions of this chapter do not apply
1570	1570	to:
1571	1571	(1) an occupational therapy aide assisting a license
1572	1572	holder under this chapter;
1573	1573	(2) a person engaged in a course of study leading to a
1574	1574	degree or certificate in occupational therapy at an accredited or
1575	1575	approved educational program if:
1576	1576	(A) the activities and services constitute a part
1577	1577	of a supervised course of study; and
1578	1578	(B) the person is designated by a title that
1579	1579	clearly indicates the person's status as a student or trainee;
1580	1580	(3) a person fulfilling the supervised field work
1581	1581	experience requirements of Section 454.203, if those activities and
1582	1582	services constitute a part of the experience necessary to meet the
1583	1583	requirement of that section;
1584	1584	(4) an occupational therapist performing a special
1585	1585	project in patient care while working toward an advanced degree
1586	1586	from an accredited college or university;
1587	1587	(5) an occupational therapist or occupational therapy
1588	1588	assistant who does not live in this state and who:
1589	1589	(A) is licensed by another state or who meets the
1590	1590	requirements for certification established by the National Board
1591	1591	for Certification in Occupational Therapy [American Occupational
1592	1592	Therapy Association] as an occupational therapist registered (OTR)
1593	1593	or a certified occupational therapy assistant (COTA); and
1594	1594	(B) comes into this state for not more than four
1595	1595	consecutive months to:
1596	1596	(i) provide or attend an educational
1597	1597	activity;
1598	1598	(ii) assist in a case of medical emergency;
1599	1599	or
1600	1600	(iii) engage in a special occupational
1601	1601	therapy project; or
1602	1602	(6) a qualified and properly trained person acting
1603	1603	under a physician's supervision under Section 157.001.
1604	1604	SECTION 4.03. Section 454.053, Occupations Code, is amended
1605	1605	to read as follows:
1606	1606	Sec. 454.053. MEMBERSHIP RESTRICTIONS. (a) In this
1607	1607	section, "Texas trade association" means a [nonprofit,]
1608	1608	cooperative[,] and voluntarily joined statewide association of
1609	1609	business or professional competitors in this state designed to
1610	1610	assist its members and its industry or profession in dealing with
1611	1611	mutual business or professional problems and in promoting their
1612	1612	common interest.
1613	1613	(b) A person [An officer, employee, or paid consultant of a
1614	1614	Texas trade association in the field of health care] may not be a
1615	1615	member of the board if:
1616	1616	(1) the person is an officer, employee, or paid
1617	1617	consultant of a Texas trade association in the field of health care;
1618	1618	or
1619	1619	(2) the person's[.
1620	1620	[(c) A person who is the] spouse is [of] an officer,
1621	1621	manager, or paid consultant of a Texas trade association in the
1622	1622	field of health care [may not be a member of the board].
1623	1623	(c) [(d)] A person may not be [serve as] a member of the
1624	1624	board if the person is required to register as a lobbyist under
1625	1625	Chapter 305, Government Code, because of the person's activities
1626	1626	for compensation on behalf of a profession related to the operation
1627	1627	of the executive council or the board.
1628	1628	SECTION 4.04. Sections 454.055(a) and (c), Occupations
1629	1629	Code, are amended to read as follows:
1630	1630	(a) It is a ground for removal from the board that a member:
1631	1631	(1) does not have at the time of taking office
1632	1632	[appointment] the qualifications required by Section 454.051(a);
1633	1633	(2) does not maintain during service on the board the
1634	1634	qualifications required by Section 454.051(a);
1635	1635	(3) is ineligible for membership under [violates a
1636	1636	prohibition established by] Section 454.052 or 454.053;
1637	1637	(4) cannot, because of illness or disability,
1638	1638	discharge the member's duties for a substantial part of the member's
1639	1639	term; or
1640	1640	(5) is absent from more than half of the regularly
1641	1641	scheduled board meetings that the member is eligible to attend
1642	1642	during a calendar year without an excuse approved [unless the
1643	1643	absence is excused] by a majority vote of the board.
1644	1644	(c) If the coordinator of occupational therapy programs has
1645	1645	knowledge that a potential ground for removal exists, the
1646	1646	coordinator shall notify the presiding officer of the board of the
1647	1647	potential ground. The presiding officer shall then notify the
1648	1648	governor and the attorney general that a potential ground for
1649	1649	removal exists. If the potential ground for removal involves the
1650	1650	presiding officer, the coordinator shall notify the next highest
1651	1651	ranking officer of the board, who shall then notify the governor and
1652	1652	the attorney general that a potential ground for removal exists.
1653	1653	SECTION 4.05. Section 454.057, Occupations Code, is amended
1654	1654	to read as follows:
1655	1655	Sec. 454.057. OFFICERS. (a) The governor shall designate a
1656	1656	member of the board as the presiding officer of the board to serve
1657	1657	in that capacity at the pleasure of the governor.
1658	1658	(b) After the appointment of members every two years, the
1659	1659	members of the board shall elect from among its members [a presiding
1660	1660	officer,] a secretary[,] and other officers required to conduct the
1661	1661	business of the board.
1662	1662	SECTION 4.06. Section 454.059, Occupations Code, is amended
1663	1663	to read as follows:
1664	1664	Sec. 454.059. TRAINING. (a) A person who is appointed to
1665	1665	and qualifies for office as [Before] a member of the board may not
1666	1666	vote, deliberate, or be counted as a member in attendance at a
1667	1667	meeting of the board until the person completes [assume the
1668	1668	member's duties, the member must complete at least] a [course of
1669	1669	the] training program that complies with [established by the board
1670	1670	under] this section.
1671	1671	(b) The training program must [shall] provide the person
1672	1672	with information [to a participant] regarding:
1673	1673	(1) the law governing board and executive council
1674	1674	operations [this chapter];
1675	1675	(2) the programs, functions, rules, and budget of
1676	1676	[operated by] the board and executive council;
1677	1677	(3) the scope of and limitations on the rulemaking
1678	1678	authority [role and functions] of the board and executive council;
1679	1679	(4) [the rules of the board, with an emphasis on the
1680	1680	rules that relate to disciplinary and investigatory authority;
1681	1681	[(5) the current budget for the board;
1682	1682	[(6)] the results of the most recent formal audit of
1683	1683	the board and executive council;
1684	1684	(5) [(7)] the requirements of:
1685	1685	(A) laws relating to open meetings, public
1686	1686	information, administrative procedure, and disclosing conflicts of
1687	1687	interest; and
1688	1688	(B) other laws applicable to members of the board
1689	1689	in performing their duties [Chapters 551, 552, 2001, and 2002,
1690	1690	Government Code;
1691	1691	[(8) the requirements of the conflict of interest laws
1692	1692	and other laws relating to public officials]; and
1693	1693	(6) [(9)] any applicable ethics policies adopted by
1694	1694	the board or the Texas Ethics Commission.
1695	1695	(c) A person appointed to the board is entitled to
1696	1696	reimbursement, as provided by the General Appropriations Act, for
1697	1697	the travel expenses incurred in attending the training program
1698	1698	regardless of whether the person's attendance at the program occurs
1699	1699	before or after the person qualifies for office [In developing the
1700	1700	training requirements provided for by this section, the board shall
1701	1701	consult with the governor's office, the attorney general's office,
1702	1702	and the Texas Ethics Commission].
1703	1703	(d) The director of the executive council shall create a
1704	1704	training manual that includes the information required by
1705	1705	Subsection (b). The director shall distribute a copy of the
1706	1706	training manual annually to each board member. On receipt of the
1707	1707	training manual, each board member shall sign and submit to the
1708	1708	director a statement acknowledging receipt of the training manual
1709	1709	[If another state agency or entity is given the authority to
1710	1710	establish the training requirements, the board shall allow that
1711	1711	training instead of developing its own program].
1712	1712	SECTION 4.07. Section 454.105(b), Occupations Code, is
1713	1713	amended to read as follows:
1714	1714	(b) The board shall develop and implement policies that
1715	1715	clearly separate [define] the policymaking [respective]
1716	1716	responsibilities of the board and the management responsibilities
1717	1717	of the director and [the] staff of the executive council.
1718	1718	SECTION 4.08. Subchapter C, Chapter 454, Occupations Code,
1719	1719	is amended by adding Sections 454.1061 and 454.108 to read as
1720	1720	follows:
1721	1721	Sec. 454.1061. PLACE OF EMPLOYMENT. The board may require
1722	1722	that a license holder provide current information in a readily
1723	1723	accessible and usable format regarding the license holder's current
1724	1724	place of employment as an occupational therapist or occupational
1725	1725	therapy assistant.
1726	1726	Sec. 454.108. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
1727	1727	RESOLUTION. (a) The board shall develop a policy to encourage the
1728	1728	use of:
1729	1729	(1) negotiated rulemaking under Chapter 2008,
1730	1730	Government Code, for the adoption of board rules; and
1731	1731	(2) appropriate alternative dispute resolution
1732	1732	procedures under Chapter 2009, Government Code, to assist in the
1733	1733	resolution of internal and external disputes under the board's
1734	1734	jurisdiction.
1735	1735	(b) The board's procedures relating to alternative dispute
1736	1736	resolution must conform, to the extent possible, to any model
1737	1737	guidelines issued by the State Office of Administrative Hearings
1738	1738	for the use of alternative dispute resolution by state agencies.
1739	1739	(c) The board shall:
1740	1740	(1) coordinate the implementation of the policy
1741	1741	adopted under Subsection (a);
1742	1742	(2) provide training as needed to implement the
1743	1743	procedures for negotiated rulemaking or alternative dispute
1744	1744	resolution; and
1745	1745	(3) collect data concerning the effectiveness of those
1746	1746	procedures.
1747	1747	SECTION 4.09. Section 454.153(e), Occupations Code, is
1748	1748	amended to read as follows:
1749	1749	(e) The staff of the executive council [coordinator of
1750	1750	occupational therapy programs] shall notify the board of a
1751	1751	complaint that extends beyond the time prescribed by the board for
1752	1752	resolving the complaint so that the board may take necessary action
1753	1753	on the complaint.
1754	1754	SECTION 4.10. The heading to Subchapter E, Chapter 454,
1755	1755	Occupations Code, is amended to read as follows:
1756	1756	SUBCHAPTER E. LICENSE REQUIREMENTS[; REGISTRATION OF FACILITIES]
1757	1757	SECTION 4.11. Section 454.203(a), Occupations Code, is
1758	1758	amended to read as follows:
1759	1759	(a) An applicant for an occupational therapist license or an
1760	1760	occupational therapy assistant license must present evidence
1761	1761	satisfactory to the board that the applicant has:
1762	1762	(1) successfully completed the academic and
1763	1763	supervised field work experience requirements of an educational
1764	1764	program in occupational therapy recognized by the board, as
1765	1765	provided by Section 454.204; and
1766	1766	(2) [successfully completed a period of supervised
1767	1767	field work experience arranged by the recognized educational
1768	1768	institution at which the applicant met the academic requirements;
1769	1769	and
1770	1770	[(3)] passed an examination as provided by Section
1771	1771	454.207.
1772	1772	SECTION 4.12. Section 454.207, Occupations Code, is amended
1773	1773	to read as follows:
1774	1774	Sec. 454.207. LICENSE EXAMINATION. (a) The board by rule
1775	1775	shall recognize a national testing entity to administer the
1776	1776	examinations required to obtain an occupational therapist or
1777	1777	occupational therapy assistant license.
1778	1778	(b) The [examine each applicant for a license by written]
1779	1779	examination must [to] test the applicant's knowledge of the basic
1780	1780	and clinical sciences relating to occupational therapy,
1781	1781	occupational therapy techniques and methods, and other subjects the
1782	1782	board may require to determine the applicant's fitness to practice.
1783	1783	[(b) The board shall examine applicants for licenses at
1784	1784	least twice each year at the board's regular meetings and under the
1785	1785	supervision required by the board.]
1786	1786	(c) The national testing entity recognized by the board
1787	1787	shall be responsible for overseeing the examination process,
1788	1788	including responsibility for:
1789	1789	(1) specifying application requirements for the
1790	1790	examination;
1791	1791	(2) specifying reexamination requirements for the
1792	1792	examination;
1793	1793	(3) verifying that an applicant meets the educational
1794	1794	and supervised field experience requirements established by the
1795	1795	board; and
1796	1796	(4) notifying an applicant and the board of the
1797	1797	applicant's examination results [board shall:
1798	1798	[(1) approve an examination for:
1799	1799	[(A) occupational therapists; and
1800	1800	[(B) occupational therapy assistants;
1801	1801	[(2) establish standards for acceptable performance;
1802	1802	and
1803	1803	[(3) have the written portion of the examination
1804	1804	validated by an independent testing entity].
1805	1805	(d) The rules adopted under this section may require that an
1806	1806	applicant authorize the national testing entity to directly provide
1807	1807	to the board the applicant's examination results [board shall give
1808	1808	reasonable public notice of the examination in accordance with its
1809	1809	rules].
1810	1810	(e) The board may require an applicant for an occupational
1811	1811	therapist or occupational therapy assistant license to pass a
1812	1812	jurisprudence examination.
1813	1813	SECTION 4.13. Subchapter E, Chapter 454, Occupations Code,
1814	1814	is amended by adding Sections 454.216 and 454.217 to read as
1815	1815	follows:
1816	1816	Sec. 454.216. LICENSE BY ENDORSEMENT. (a) The board shall
1817	1817	issue an occupational therapist license or an occupational therapy
1818	1818	assistant license, as applicable, to an applicant who holds a
1819	1819	current, unrestricted license in another jurisdiction that
1820	1820	maintains licensing requirements that are substantially equivalent
1821	1821	to the requirements under this chapter. An applicant for a license
1822	1822	under this section must:
1823	1823	(1) present proof to the board that the applicant is
1824	1824	licensed in good standing as an occupational therapist or
1825	1825	occupational therapy assistant in that jurisdiction;
1826	1826	(2) provide to the board information regarding the
1827	1827	status of any other professional license that the applicant holds
1828	1828	or has held in this state or another jurisdiction;
1829	1829	(3) present proof to the board that the applicant has
1830	1830	passed a jurisprudence examination required by the board;
1831	1831	(4) meet the qualifications required by Section
1832	1832	454.203 or 454.205, as applicable;
1833	1833	(5) not have committed an act that is grounds for
1834	1834	denial of a license under Section 454.301;
1835	1835	(6) submit to the board a current photograph that
1836	1836	meets the requirements for a United States passport; and
1837	1837	(7) meet any additional requirements provided by board
1838	1838	rule.
1839	1839	(b) The board shall adopt rules for issuing a provisional
1840	1840	license under Section 454.210 to an applicant for a license by
1841	1841	endorsement who encounters a delay that is outside the applicant's
1842	1842	control in submitting to the board the documentation required by
1843	1843	this section.
1844	1844	Sec. 454.217. CRIMINAL HISTORY RECORD INFORMATION FOR
1845	1845	LICENSE ISSUANCE. (a) The board shall require that an applicant
1846	1846	for a license submit a complete and legible set of fingerprints, on
1847	1847	a form prescribed by the board, to the board or to the Department of
1848	1848	Public Safety for the purpose of obtaining criminal history record
1849	1849	information from the Department of Public Safety and the Federal
1850	1850	Bureau of Investigation.
1851	1851	(b) The board may not issue a license to a person who does
1852	1852	not comply with the requirement of Subsection (a).
1853	1853	(c) The board shall conduct a criminal history record
1854	1854	information check of each applicant for a license using
1855	1855	information:
1856	1856	(1) provided by the individual under this section; and
1857	1857	(2) made available to the board by the Department of
1858	1858	Public Safety, the Federal Bureau of Investigation, and any other
1859	1859	criminal justice agency under Chapter 411, Government Code.
1860	1860	(d) The board may:
1861	1861	(1) enter into an agreement with the Department of
1862	1862	Public Safety to administer a criminal history record information
1863	1863	check required under this section; and
1864	1864	(2) authorize the Department of Public Safety to
1865	1865	collect from each applicant the costs incurred by the Department of
1866	1866	Public Safety in conducting the criminal history record information
1867	1867	check.
1868	1868	SECTION 4.14. Section 454.252(b), Occupations Code, is
1869	1869	amended to read as follows:
1870	1870	(b) A person whose license has been expired for 90 days or
1871	1871	less may renew the license by paying to the executive council the
1872	1872	renewal fee and a late fee set by the executive council that may not
1873	1873	exceed one-half of the renewal [examination] fee for the license.
1874	1874	If a person's license has been expired for more than 90 days but
1875	1875	less than one year, the person may renew the license by paying to
1876	1876	the executive council all unpaid renewal fees and a late fee set by
1877	1877	the executive council that may not exceed the amount of the renewal
1878	1878	fee [charged for examination for the license].
1879	1879	SECTION 4.15. Section 454.253(b), Occupations Code, is
1880	1880	amended to read as follows:
1881	1881	(b) The person must pay to the executive council a renewal
1882	1882	fee set by the executive council under this section in an amount
1883	1883	that may not exceed the renewal [examination] fee for the license.
1884	1884	SECTION 4.16. Section 454.254, Occupations Code, is amended
1885	1885	by adding Subsection (e) to read as follows:
1886	1886	(e) The board by rule shall establish a process for
1887	1887	selecting a license holder peer organization in this state to
1888	1888	evaluate and approve continuing education courses under Subsection
1889	1889	(d). The selection process must include a request for proposal and
1890	1890	bidding process. If the board authorizes a peer organization to
1891	1891	evaluate and approve continuing education courses under Subsection
1892	1892	(d), the board shall request bids and proposals from that
1893	1893	organization and other organizations at least once every four
1894	1894	years.
1895	1895	SECTION 4.17. Subchapter F, Chapter 454, Occupations Code,
1896	1896	is amended by adding Section 454.255 to read as follows:
1897	1897	Sec. 454.255. CRIMINAL HISTORY RECORD INFORMATION
1898	1898	REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
1899	1899	license issued under this chapter shall submit a complete and
1900	1900	legible set of fingerprints for purposes of performing a criminal
1901	1901	history record information check of the applicant as provided by
1902	1902	Section 454.217.
1903	1903	(b) The board may administratively suspend or refuse to
1904	1904	renew the license of a person who does not comply with the
1905	1905	requirement of Subsection (a).
1906	1906	(c) A license holder is not required to submit fingerprints
1907	1907	under this section for the renewal of the license if the license
1908	1908	holder has previously submitted fingerprints under:
1909	1909	(1) Section 454.217 for the initial issuance of the
1910	1910	license; or
1911	1911	(2) this section as part of a prior license renewal.
1912	1912	SECTION 4.18. Subchapter G, Chapter 454, Occupations Code,
1913	1913	is amended by adding Sections 454.3025 and 454.307 to read as
1914	1914	follows:
1915	1915	Sec. 454.3025. SCHEDULE OF SANCTIONS. (a) The board by
1916	1916	rule shall adopt a schedule of administrative penalties and other
1917	1917	sanctions that the board may impose under this chapter. In adopting
1918	1918	the schedule of sanctions, the board shall ensure that the amount of
1919	1919	the penalty or severity of the sanction imposed is appropriate to
1920	1920	the type of violation or conduct that is the basis for disciplinary
1921	1921	action. In determining the appropriate disciplinary action,
1922	1922	including the amount of any administrative penalty to assess, the
1923	1923	board shall consider:
1924	1924	(1) the seriousness of the violation, including:
1925	1925	(A) the nature, circumstances, extent, and
1926	1926	gravity of the violation; and
1927	1927	(B) the hazard or potential hazard created to the
1928	1928	health, safety, or economic welfare of the public;
1929	1929	(2) the history of previous violations;
1930	1930	(3) the amount necessary to deter future violations;
1931	1931	(4) efforts to correct the violation;
1932	1932	(5) the economic harm to the public interest or public
1933	1933	confidence caused by the violation;
1934	1934	(6) whether the violation was intentional; and
1935	1935	(7) any other matter that justice requires.
1936	1936	(b) The board shall make the schedule of sanctions adopted
1937	1937	under Subsection (a) available to the public on request.
1938	1938	Sec. 454.307. RECORD OF DISCIPLINARY ACTION; EXPUNGEMENT.
1939	1939	(a) The board by rule shall establish a process to expunge any
1940	1940	record of disciplinary action taken against a license holder before
1941	1941	September 1, 2017, for practicing in a facility that failed to meet
1942	1942	the registration requirements of Section 454.215, as that section
1943	1943	existed on January 1, 2017. The rules must provide that the board
1944	1944	may not expunge a record under this section after September 1, 2019.
1945	1945	(b) This section expires September 1, 2019.
1946	1946	SECTION 4.19. Sections 454.3521(a) and (b), Occupations
1947	1947	Code, are amended to read as follows:
1948	1948	(a) The board may impose an administrative penalty against a
1949	1949	person licensed [or facility registered] under this chapter who
1950	1950	violates this chapter or a rule or order adopted under this chapter.
1951	1951	(b) The penalty may not exceed $200, and each day a
1952	1952	violation continues or occurs is a separate violation for the
1953	1953	purpose of imposing a penalty. The amount of the penalty shall be
1954	1954	determined according to the sanctions schedule under Section
1955	1955	454.3025 [based on:
1956	1956	[(1) the seriousness of the violation, including the
1957	1957	nature, circumstances, extent, and gravity of any prohibited acts,
1958	1958	and the hazard or potential hazard created to the health, safety, or
1959	1959	economic welfare of the public;
1960	1960	[(2) the history of previous violations;
1961	1961	[(3) the amount necessary to deter a future violation;
1962	1962	[(4) efforts to correct the violation; and
1963	1963	[(5) any other matter that justice requires].
1964	1964	SECTION 4.20. The following provisions of the Occupations
1965	1965	Code are repealed:
1966	1966	(1) Section 454.203(b);
1967	1967	(2) Section 454.205(b);
1968	1968	(3) Section 454.206;
1969	1969	(4) Section 454.208;
1970	1970	(5) Section 454.209; and
1971	1971	(6) Section 454.215.
1972	1972	SECTION 4.21. (a) Except as provided by Subsection (b) of
1973	1973	this section, Section 454.059, Occupations Code, as amended by this
1974	1974	article, applies to a member of the Texas Board of Occupational
1975	1975	Therapy Examiners appointed before, on, or after the effective date
1976	1976	of this article.
1977	1977	(b) A member of the Texas Board of Occupational Therapy
1978	1978	Examiners who, before the effective date of this article, completed
1979	1979	the training program required by Section 454.059, Occupations Code,
1980	1980	as that law existed before the effective date of this article, is
1981	1981	required to complete additional training only on subjects added to
1982	1982	the training program required by Section 454.059, Occupations Code,
1983	1983	as amended by this article. A board member described by this
1984	1984	subsection may not vote, deliberate, or be counted as a member in
1985	1985	attendance at a meeting of the Texas Board of Occupational Therapy
1986	1986	Examiners held on or after December 1, 2017, until the member
1987	1987	completes the additional training.
1988	1988	SECTION 4.22. As soon as practicable after the effective
1989	1989	date of this article, the director of the Executive Council of
1990	1990	Physical Therapy and Occupational Therapy Examiners shall create
1991	1991	the training manual required by Section 454.059(d), Occupations
1992	1992	Code, as amended by this article.
1993	1993	SECTION 4.23. As soon as practicable after the effective
1994	1994	date of this article, the Texas Board of Occupational Therapy
1995	1995	Examiners shall:
1996	1996	(1) develop and implement the policies required by:
1997	1997	(A) Section 454.105(b), Occupations Code, as
1998	1998	amended by this article; and
1999	1999	(B) Section 454.108, Occupations Code, as added
2000	2000	by this article; and
2001	2001	(2) adopt any rules necessary to implement Chapter
2002	2002	454, Occupations Code, as amended by this article.
2003	2003	SECTION 4.24. Not later than September 1, 2018, the Texas
2004	2004	Board of Occupational Therapy Examiners shall establish the request
2005	2005	for proposal and bidding process required by Section 454.254(e),
2006	2006	Occupations Code, as added by this article.
2007	2007	SECTION 4.25. Sections 454.203, 454.205, 454.252, and
2008	2008	454.253, Occupations Code, as amended by this article, and Sections
2009	2009	454.217 and 454.255, Occupations Code, as added by this article,
2010	2010	apply only to an application for the issuance or renewal of an
2011	2011	occupational therapist or occupational therapy assistant license
2012	2012	submitted to the Texas Board of Occupational Therapy Examiners on
2013	2013	or after the effective date of this article. An application
2014	2014	submitted before that date is governed by the law in effect on the
2015	2015	date the application was submitted, and the former law is continued
2016	2016	in effect for that purpose.
2017	2017	SECTION 4.26. A person who holds an occupational therapist
2018	2018	or occupational therapy assistant license issued before the
2019	2019	effective date of this article may continue to renew that license
2020	2020	without complying with the changes in law made by this article to
2021	2021	Section 454.203, Occupations Code.
2022	2022	SECTION 4.27. (a) The Texas Board of Occupational Therapy
2023	2023	Examiners shall dismiss the portion of any complaint, penalty,
2024	2024	disciplinary action, or contested case pending on the effective
2025	2025	date of this article that is based on a violation of rules adopted
2026	2026	under Section 454.215, Occupations Code, as repealed by this
2027	2027	article.
2028	2028	(b) Section 454.307, Occupations Code, as added by this
2029	2029	article, applies only to records of disciplinary action for conduct
2030	2030	that occurred before the effective date of this article.
2031	2031	SECTION 4.28. Section 454.3025, Occupations Code, as added
2032	2032	by this article, and Section 454.3521(b), Occupations Code, as
2033	2033	amended by this article, apply only to conduct that occurs on or
2034	2034	after the date that rules adopted under Section 454.3025 take
2035	2035	effect. Conduct that occurs before that date is governed by the law
2036	2036	in effect before the effective date of this article, and the former
2037	2037	law is continued in effect for that purpose.
2038	2038	ARTICLE 5. EFFECTIVE DATE
2039	2039	SECTION 5.01. This Act takes effect September 1, 2017.