Texas 2017 - 85th Regular

Texas House Bill HB4007 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4007
	1	+	By: Kuempel (Senate Sponsor - Zaffirini) H.B. No. 4007
	2	+	(In the Senate - Received from the House May 5, 2017;
	3	+	May 12, 2017, read first time and referred to Committee on Business &
	4	+	Commerce; May 22, 2017, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 22, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4007 By: Zaffirini
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the licensing and regulation of health-related
6	14		occupations transferred to the Texas Department of Licensing and
7	15		Regulation.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		ARTICLE 1. MIDWIFERY
10	18		SECTION 1.001. Section 203.157(c), Occupations Code, is
11	19		amended to read as follows:
12	20		(c) The department shall post a list of licensed midwives on
13	21		the department's Internet website [provide each county clerk and
14	22		each local registrar of births in a county with the name of each
15	23		midwife practicing in the county].
16	24		SECTION 1.002. Section 203.353, Occupations Code, is
17	25		amended to read as follows:
18	26		Sec. 203.353. PREVENTION OF OPHTHALMIA NEONATORUM. (a)
19	27		Subject to Subsection (b), unless [Unless] the newborn child is
20	28		immediately transferred to a hospital because of an emergency, a
21	29		midwife who attends the birth of the child shall comply with Section
22	30		81.091, Health and Safety Code.
23	31		(b) A midwife in attendance at childbirth who is unable to
24	32		apply prophylaxis as required by Section 81.091, Health and Safety
25	33		Code, due to the objection of the parent, managing conservator, or
26	34		guardian of the newborn child does not commit an offense under that
27	35		section and is not subject to any criminal, civil, or
28	36		administrative liability or any professional disciplinary action
29	37		for failure to administer the prophylaxis. The midwife in
30	38		attendance at childbirth shall ensure that the objection of the
31	39		parent, managing conservator, or guardian is entered into the
32	40		medical record of the child.
33	41		SECTION 1.003. The heading to Subchapter K, Chapter 203,
34	42		Occupations Code, is amended to read as follows:
35	43		SUBCHAPTER K. [OTHER PENALTIES AND] ENFORCEMENT PROVISIONS
36	44		SECTION 1.004. The following provisions of the Occupations
37	45		Code are repealed:
38	46		(1) Section 203.501; and
39	47		(2) Section 203.504.
40	48		ARTICLE 2. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
41	49		SECTION 2.001. Section 401.102(b), Occupations Code, is
42	50		amended to read as follows:
43	51		(b) Advisory board members must:
44	52		(1) [have been a resident of this state for the two
45	53		years preceding the date of appointment;
46	54		[(2)] be from the various geographic regions of the
47	55		state; and
48	56		(2) [(3)] be from varying employment settings.
49	57		SECTION 2.002. Section 401.305(b), Occupations Code, is
50	58		amended to read as follows:
51	59		(b) The department shall administer or provide for the
52	60		administration of an examination at least twice each year.
53	61		SECTION 2.003. Section 401.402(b), Occupations Code, is
54	62		amended to read as follows:
55	63		(b) A person licensed as a speech-language pathologist
56	64		under this chapter may not fit or[,] dispense[, or sell] hearing
57	65		instruments unless the person meets the specific requirements for
58	66		fitting and dispensing hearing instruments under this chapter or
59	67		Chapter 402.
60	68		SECTION 2.004. The following provisions of the Occupations
61	69		Code are repealed:
62	70		(1) Section 401.253;
63	71		(2) Section 401.307;
64	72		(3) Section 401.310;
65	73		(4) Section 401.453;
66	74		(5) Section 401.503; and
67	75		(6) Subchapter L, Chapter 401.
68	76		SECTION 2.005. (a) A temporary certificate of registration
69	77		issued under former Section 401.310, Occupations Code, that is in
70	78		effect on the effective date of this Act continues to be valid until
71	79		the certificate expires and former Section 401.310, Occupations
72	80		Code, is continued in effect for that purpose. Chapter 401,
73	81		Occupations Code, as amended by this Act, continues to apply to a
74	82		holder of an unexpired temporary certificate of registration.
75	83		(b) On or after the effective date of this Act, the Texas
76	84		Department of Licensing and Regulation may not renew or extend a
77	85		temporary certificate of registration.
78	86		(c) A proceeding under Chapter 401, Occupations Code, that
79	87		is pending against a holder of a temporary certificate of
80	88		registration on the date the certificate expires is terminated on
81	89		that date.
82	90		ARTICLE 3. HEARING INSTRUMENT FITTERS AND DISPENSERS
83	91		SECTION 3.001. Section 402.003, Occupations Code, is
84	92		amended by amending Subsections (a) and (b) and adding Subsection
85	93		(a-1) to read as follows:
86	94		(a) Except as provided by Subsections (a-1) and (b) and
87	95		Section 402.451(a), this chapter applies only to a person who
88	96		engages or offers to engage in fitting and dispensing hearing
89	97		instruments.
90	98		(a-1) This chapter does not apply to:
91	99		(1) a person engaged in the practice of measuring
92	100		human hearing as a part of the academic curriculum of an accredited
93	101		institution of higher learning if the person or the person's
94	102		employees do not sell hearing instruments;
95	103		(2) a physician licensed by the Texas Medical Board;
96	104		(3) a person with a master's degree or doctorate in
97	105		audiology from an accredited college or university who does not
98	106		sell hearing instruments, to the extent the person engages in the
99	107		measurement of human hearing by the use of an audiometer or by any
100	108		other means to make selections and adaptations of or
101	109		recommendations for a hearing instrument and to make impressions
102	110		for earmolds to be used as part of a hearing instrument;
103	111		(4) an audiologist or an audiology intern licensed
104	112		under Chapter 401, except as may otherwise be provided by the
105	113		following provisions, which refer to Chapter 401:
106	114		(A) Section 402.051(a)(1);
107	115		(B) Section 402.202(b);
108	116		(C) Section 402.252; and
109	117		(D) Section 402.255(a);
110	118		[(E) Section 402.406(a); and
111	119		[(F) Section 402.451(a)(6);] and
112	120		(5) a student of audiology in an accredited college or
113	121		university program, if the student's activities and services are
114	122		part of the student's supervised course of study or practicum
115	123		experience.
116	124		(b) A student described by Subsection (a-1)(5) [(a)(5)] is
117	125		subject to Chapter 401.
118	126		SECTION 3.002. Section 402.051(a), Occupations Code, is
119	127		amended to read as follows:
120	128		(a) The advisory board consists of nine members appointed by
121	129		the presiding officer of the commission with the approval of the
122	130		commission as follows:
123	131		(1) six members licensed under this chapter who have
124	132		been [residents of this state actually] engaged in fitting and
125	133		dispensing hearing instruments for at least five years preceding
126	134		appointment, not more than one of whom may be licensed under Chapter
127	135		401;
128	136		(2) one member who is actively practicing as a
129	137		physician licensed by the Texas Medical Board and who:
130	138		(A) [has been a resident of this state for at
131	139		least two years preceding appointment;
132	140		[(B)] is a citizen of the United States; and
133	141		(B) [(C)] specializes in the practice of
134	142		otolaryngology; and
135	143		(3) two members of the public.
136	144		SECTION 3.003. Section 402.209(c), Occupations Code, is
137	145		amended to read as follows:
138	146		(c) An applicant for a license under this section shall
139	147		provide as part of the application:
140	148		(1) written verification that the applicant is
141	149		licensed in good standing as a fitter and dispenser of hearing
142	150		instruments in another state [and has held the license for at least
143	151		three years preceding the date of application];
144	152		(2) written verification that:
145	153		(A) the requirements to obtain a license to fit
146	154		and dispense hearing instruments in the state in which the
147	155		applicant is licensed include passing an examination approved by
148	156		the commission by rule; or
149	157		(B) the applicant holds a certification from a
150	158		professional organization approved by the commission by rule;
151	159		(3) a written statement from the licensing entity in
152	160		the state in which the applicant is licensed that details any
153	161		disciplinary action taken by the entity against the applicant; and
154	162		(4) a statement of the applicant's criminal history
155	163		acceptable to the department.
156	164		SECTION 3.004. Section 402.251, Occupations Code, is
157	165		amended to read as follows:
158	166		Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS.
159	167		(a) The department shall issue a temporary training permit to a
160	168		person who:
161	169		(1) [has never taken the examination administered
162	170		under this chapter;
163	171		[(2)] possesses the qualifications required under
164	172		Section 402.203(a);
165	173		(2) [(3)] submits a written application on a form
166	174		prescribed by the department furnishing documentation that the
167	175		applicant satisfies the requirements of Subdivision [Subdivisions]
168	176		(1) [and (2)]; and
169	177		(3) [(4)] pays any required fee.
170	178		(b) The commission by rule may provide for the issuance of
171	179		[department may issue] a new temporary training permit under this
172	180		section [to a person on or after the 365th day] after a [the]
173	181		person's [previous] temporary training permit expires [expired].
174	182		SECTION 3.005. Section 402.255(d), Occupations Code, is
175	183		amended to read as follows:
176	184		(d) The supervisor shall maintain a log of the contact hours
177	185		by practicum category on a form prescribed by the department. After
178	186		the temporary training permit holder has completed 150 contact
179	187		hours, the supervisor and the permit holder shall submit
180	188		verification of compliance [sign the form, and the form shall be
181	189		notarized and mailed] to the department.
182	190		SECTION 3.006. Section 402.304, Occupations Code, is
183	191		amended to read as follows:
184	192		Sec. 402.304. ALTERNATIVE [ALTERNATIVES] TO CONTINUING
185	193		EDUCATION REQUIREMENT. [(a) On written request to the department,
186	194		a license holder may take the state examination. A license holder
187	195		who pays the examination fee and passes the examination is exempt
188	196		from the continuing education requirement for the reporting period
189	197		in which the test is taken.
190	198		[(b)] A license holder may be credited with continuing
191	199		education credit hours for a published book or article written by
192	200		the license holder that contributes to the license holder's
193	201		professional competence. The department may grant credit hours
194	202		based on the degree to which the published book or article advances
195	203		knowledge regarding the fitting and dispensing of hearing
196	204		instruments. A license holder may claim in a reporting period not
197	205		more than five credit hours for preparation of a publication.
198	206		SECTION 3.007. Section 402.305, Occupations Code, is
199	207		amended to read as follows:
200	208		Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The
201	209		department may renew the license of a license holder who does not
202	210		comply with the continuing education requirements of Section
203	211		402.303 or 402.304 if the license holder:
204	212		(1) was licensed for the first time during the 24
205	213		months before the reporting date; or
206	214		(2) [has served in the regular armed forces of the
207	215		United States during part of the 24 months before the reporting
208	216		date; or
209	217		[(3)] submits proof from an attending physician that
210	218		the license holder suffered a serious or disabling illness or
211	219		physical disability that prevented compliance with the continuing
212	220		education requirements during the 24 months before the reporting
213	221		date.
214	222		SECTION 3.008. Section 402.451(a), Occupations Code, is
215	223		amended to read as follows:
216	224		(a) A person may not:
217	225		(1) buy, sell, or fraudulently obtain a license or aid
218	226		another person to do so;
219	227		(2) alter a license with the intent to defraud;
220	228		(3) wilfully make a false statement in an application
221	229		to the department for a license, a temporary training permit, or the
222	230		renewal of a license;
223	231		(4) falsely impersonate a license holder; or
224	232		(5) engage in the fitting and dispensing of hearing
225	233		instruments when the person's license is suspended or revoked [;
226	234		[(6) dispense or fit a hearing instrument on a person
227	235		who has ordered the hearing instrument or device by mail unless the
228	236		person dispensing or fitting is a license holder under this chapter
229	237		or under Chapter 401; or
230	238		[(7) sell a hearing instrument by mail].
231	239		SECTION 3.009. The heading to Subchapter L, Chapter 402,
232	240		Occupations Code, is amended to read as follows:
233	241		SUBCHAPTER L. [PENALTIES AND OTHER] ENFORCEMENT PROVISIONS
234	242		SECTION 3.010. The following provisions of the Occupations
235	243		Code are repealed:
236	244		(1) Section 402.209(h);
237	245		(2) Section 402.406;
238	246		(3) Section 402.551; and
239	247		(4) Section 402.553.
240	248		SECTION 3.011. Section 402.209, Occupations Code, as
241	249		amended by this Act, applies only to an application submitted on or
242	250		after the effective date of this Act. An application submitted
243	251		before the effective date of this Act is governed by the law in
244	252		effect on the date the application was submitted, and the former law
245	253		is continued in effect for that purpose.
246	254		ARTICLE 4. DYSLEXIA PRACTITIONERS AND DYSLEXIA THERAPISTS
247	255		SECTION 4.001. Section 403.106(c), Occupations Code, is
248	256		amended to read as follows:
249	257		(c) The department[, in consultation with the advisory
250	258		committee,] shall determine whether a training program meets the
251	259		requirements of this section.
252	260		SECTION 4.002. Section 403.107(b), Occupations Code, is
253	261		amended to read as follows:
254	262		(b) The department shall[, in consultation with the
255	263		advisory committee]:
256	264		(1) identify and designate a competency examination
257	265		that is related to multisensory structured language education and
258	266		that will be administered at least twice each year by a professional
259	267		organization that issues national certifications; and
260	268		(2) maintain a record of all examinations for at least
261	269		two years after the date of examination.
262	270		SECTION 4.003. Section 403.108, Occupations Code, is
263	271		amended to read as follows:
264	272		Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The
265	273		department[, in consultation with the advisory committee,] may
266	274		waive the examination requirement and issue a license to an
267	275		applicant who holds an appropriate certificate or other
268	276		accreditation from a nationally accredited multisensory structured
269	277		language education organization recognized by the department.
270	278		SECTION 4.004. Section 403.152(b), Occupations Code, is
271	279		amended to read as follows:
272	280		(b) The commission[, in consultation with the advisory
273	281		committee,] shall establish the continuing education requirements
274	282		in consultation with the advisory committee [a manner that allows a
275	283		license holder to comply without an extended absence from the
276	284		license holder's county of residence].
277	285		SECTION 4.005. The following provisions of the Occupations
278	286		Code are repealed:
279	287		(1) Section 403.204;
280	288		(2) Section 403.207;
281	289		(3) Section 403.212; and
282	290		(4) Subchapter F, Chapter 403.
283	291		ARTICLE 5. ATHLETIC TRAINERS
284	292		SECTION 5.001. Section 451.156, Occupations Code, is
285	293		amended to read as follows:
286	294		Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An
287	295		applicant for an athletic trainer license is entitled to receive
288	296		the license if the applicant:
289	297		(1) satisfies the requirements of Section 451.153 or
290	298		451.154;
291	299		(2) passes the examination required by the department;
292	300		and
293	301		(3) pays the required license fee[; and
294	302		[(4) has not committed an act that constitutes grounds
295	303		for refusal of a license under Section 451.251].
296	304		SECTION 5.002. The following provisions of the Occupations
297	305		Code are repealed:
298	306		(1) Section 451.051(c);
299	307		(2) Section 451.101(a-2); and
300	308		(3) Subchapters F, G, and H, Chapter 451.
301	309		ARTICLE 6. MASSAGE THERAPY
302	310		SECTION 6.001. Section 455.001, Occupations Code, is
303	311		amended by adding Subdivisions (12) and (13) to read as follows:
304	312		(12) "Advisory board" means the Massage Therapy
305	313		Advisory Board.
306	314		(13) "Peace officer" means a person who is a peace
307	315		officer under Article 2.12, Code of Criminal Procedure.
308	316		SECTION 6.002. Subchapter B, Chapter 455, Occupations Code,
309	317		is amended by adding Section 455.0511 to read as follows:
310	318		Sec. 455.0511. GENERAL POWERS AND DUTIES. (a) The
311	319		executive director shall administer and enforce this chapter.
312	320		(b) The department shall:
313	321		(1) investigate a person who may be engaging in or
314	322		offering to engage in a practice that violates this chapter;
315	323		(2) regulate the number of school hours and the
316	324		content of the coursework provided by a massage school or a massage
317	325		therapy instructor; and
318	326		(3) prepare, recognize, administer, or arrange for the
319	327		administration of an examination under this chapter.
320	328		SECTION 6.003. Subchapter B, Chapter 455, Occupations Code,
321	329		is amended by adding Section 455.0571 to read as follows:
322	330		Sec. 455.0571. CONTINUING EDUCATION. (a) The commission
323	331		by rule shall establish the minimum number of hours of continuing
324	332		education required for a person licensed under this chapter to
325	333		renew the person's license.
326	334		(b) The commission by rule shall provide for the
327	335		recognition, preparation, or administration of continuing
328	336		education programs for persons licensed under this chapter.
329	337		(c) The department may develop and establish processes to:
330	338		(1) evaluate and approve continuing education
331	339		providers and programs; and
332	340		(2) assess a license holder's participation in
333	341		continuing education programs.
334	342		SECTION 6.004. Subchapter B, Chapter 455, Occupations Code,
335	343		is amended by adding Section 455.059 to read as follows:
336	344		Sec. 455.059. INSPECTIONS; INVESTIGATIONS. The
337	345		department, the department's authorized representative, or a peace
338	346		officer may enter the premises of a massage establishment or
339	347		massage school at:
340	348		(1) reasonable times to conduct an inspection
341	349		incidental to the issuance of a license; and
342	350		(2) other times that the department, the department's
343	351		authorized representative, or a peace officer considers necessary
344	352		to ensure compliance with this chapter and the rules adopted under
345	353		this chapter.
346	354		SECTION 6.005. Subchapter C, Chapter 455, Occupations Code,
347	355		as effective September 1, 2017, is amended to read as follows:
348	356		SUBCHAPTER C. MASSAGE THERAPY ADVISORY BOARD [POWERS AND DUTIES]
349	357		Sec. 455.101. ADVISORY BOARD MEMBERSHIP. (a) The advisory
350	358		board consists of nine members appointed by the presiding officer
351	359		of the commission with the approval of the commission as follows:
352	360		(1) two members who are licensed massage therapists;
353	361		(2) two members who represent licensed massage
354	362		schools;
355	363		(3) two members who represent licensed massage
356	364		establishments;
357	365		(4) one member who is a peace officer with expertise in
358	366		the enforcement of Chapter 20A, Penal Code, and Subchapter A,
359	367		Chapter 43, Penal Code; and
360	368		(5) two members of the public.
361	369		(b) Appointments to the advisory board shall be made without
362	370		regard to the race, color, disability, sex, religion, age, or
363	371		national origin of the appointee [GENERAL POWERS AND DUTIES. (a)
364	372		The executive director shall administer and enforce this chapter.
365	373		[(b) The department shall:
366	374		[(1) investigate a person who may be engaging in a
367	375		practice that violates this chapter;
368	376		[(2) regulate the number and content of school hours
369	377		provided by a massage school or a massage therapy instructor; and
370	378		[(3) prepare and administer a state examination under
371	379		this chapter].
372	380		Sec. 455.102. DUTIES OF ADVISORY BOARD. The advisory board
373	381		shall provide advice and recommendations to the department on
374	382		technical matters relevant to the administration of this chapter.
375	383		Sec. 455.103. TERMS; VACANCIES. (a) Members of the
376	384		advisory board are appointed for staggered six-year terms. The
377	385		terms of three members expire September 1 of each odd-numbered
378	386		year.
379	387		(b) If a vacancy occurs on the advisory board during a
380	388		member's term, the presiding officer of the commission, with the
381	389		commission's approval, shall appoint a replacement who meets the
382	390		qualifications for the vacant position to serve for the remainder
383	391		of the term [MEMORANDUM OF UNDERSTANDING REGARDING MASSAGE SCHOOLS.
384	392		(a) The commission may enter into a memorandum of understanding
385	393		with the Texas Education Agency to regulate massage schools.
386	394		[(b) A memorandum must:
387	395		[(1) be adopted by the commission by rule; and
388	396		[(2) limit the total amount of the fees charged by the
389	397		department and the Texas Education Agency for licensing a massage
390	398		school to an amount equal to the amount of the fees the department
391	399		would charge for licensing the massage school in the absence of the
392	400		memorandum].
393	401		Sec. 455.104. PRESIDING OFFICER. (a) The presiding
394	402		officer of the commission shall designate a member of the advisory
395	403		board to serve as the presiding officer of the advisory board for a
396	404		term of one year.
397	405		(b) The presiding officer of the advisory board may vote on
398	406		any matter before the advisory board [INSPECTIONS; INVESTIGATIONS.
399	407		(a) The department, its authorized representative, or a peace
400	408		officer may enter the premises of an applicant for a license or a
401	409		license holder at:
402	410		[(1) reasonable times to conduct an inspection
403	411		incidental to the issuance of a license; and
404	412		[(2) other times that the department or peace officer
405	413		considers necessary to ensure compliance with this chapter and the
406	414		rules adopted under this chapter.
407	415		[(b) A peace officer appointed or employed by a law
408	416		enforcement agency of a political subdivision of this state may
409	417		enter the premises of a massage establishment to ensure compliance
410	418		with this chapter and rules adopted under this chapter].
411	419		Sec. 455.105. MEETINGS. The advisory board shall meet at
412	420		the call of the executive director or the presiding officer of the
413	421		commission [REGISTRY. (a) The department shall annually prepare a
414	422		registry of licensed massage therapists.
415	423		[(b) The department shall make the registry available to the
416	424		public, license holders, other state agencies, and peace officers].
417	425		SECTION 6.006. Section 455.152(a), Occupations Code, is
418	426		amended to read as follows:
419	427		(a) A person is not eligible for a license as a massage
420	428		establishment, massage school, massage therapist, or massage
421	429		therapy instructor if the person is an individual and has been
422	430		convicted of, entered a plea of nolo contendere or guilty to, or
423	431		received deferred adjudication for an offense under Chapter 20A,
424	432		Penal Code, or Subchapter A, Chapter 43, Penal Code, [involving
425	433		prostitution] or another sexual offense.
426	434		SECTION 6.007. Section 455.1525, Occupations Code, is
427	435		amended to read as follows:
428	436		Sec. 455.1525. CRIMINAL BACKGROUND CHECKS. [(a)] On
429	437		receipt of an application for a license under this chapter, the
430	438		department shall conduct a criminal background check on the
431	439		applicant.
432	440		[(b) An applicant is not eligible for a license under this
433	441		chapter if the applicant, in the five years preceding the date of
434	442		the application, has been finally convicted of a misdemeanor
435	443		involving moral turpitude or a felony.]
436	444		SECTION 6.008. Section 455.153, Occupations Code, as
437	445		effective September 1, 2017, is amended to read as follows:
438	446		Sec. 455.153. APPLICATION FOR LICENSE. An applicant for a
439	447		license under this chapter must:
440	448		(1) submit an application in the manner and on a form
441	449		prescribed by the executive director; [and]
442	450		(2) pass any required examination; and
443	451		(3) include with the application the application fee
444	452		set by the commission by rule.
445	453		SECTION 6.009. Section 455.156(b), Occupations Code, is
446	454		amended to read as follows:
447	455		(b) An applicant for a license under this section must be an
448	456		individual and:
449	457		(1) present evidence satisfactory to the department
450	458		that the person has satisfactorily completed massage therapy
451	459		studies in a 500-hour minimum, supervised course of instruction
452	460		provided by a massage therapy instructor at a massage school, a
453	461		licensed massage school, a state-approved educational institution,
454	462		or any combination of instructors or schools, in which at least:
455	463		(A) 200 hours are taught by a licensed massage
456	464		therapy instructor and dedicated to the study of massage therapy
457	465		techniques and theory and the practice of manipulation of soft
458	466		tissue, with at least 125 hours dedicated to the study of Swedish
459	467		massage therapy techniques;
460	468		(B) 50 hours are dedicated to the study of
461	469		anatomy;
462	470		(C) 25 hours are dedicated to the study of
463	471		physiology;
464	472		(D) 50 hours are dedicated to the study of
465	473		kinesiology;
466	474		(E) 40 hours are dedicated to the study of
467	475		pathology;
468	476		(F) 20 hours are dedicated to the study of
469	477		hydrotherapy;
470	478		(G) 45 hours are dedicated to the study of
471	479		massage therapy laws and rules, business practices, and
472	480		professional ethics standards;
473	481		(H) 20 hours are dedicated to the study of
474	482		health, hygiene, first aid, universal precautions, and
475	483		cardiopulmonary resuscitation (CPR); and
476	484		(I) 50 hours are spent in an internship program;
477	485		(2) pass the required examinations [written state
478	486		examination]; and
479	487		(3) be at least 18 years of age.
480	488		SECTION 6.010. The following provisions of the Occupations
481	489		Code are repealed:
482	490		(1) Section 455.1572; and
483	491		(2) Subchapter G, Chapter 455.
484	492		SECTION 6.011. As soon as practicable after the effective
485	493		date of this Act, the presiding officer of the Texas Commission of
486	494		Licensing and Regulation shall appoint the members of the Massage
487	495		Therapy Advisory Board created by Subchapter C, Chapter 455,
488	496		Occupations Code, as amended by this Act.
489	497		SECTION 6.012. Section 455.152(a), Occupations Code, as
490	498		amended by this Act, applies only to a person who files an initial
491	499		application for or an application for renewal of a license as a
492	500		massage establishment, massage school, massage therapist, or
493	501		massage therapy instructor on or after the effective date of this
494	502		Act.
495	503		ARTICLE 7. ORTHOTISTS AND PROSTHETISTS
496	504		SECTION 7.001. Section 605.056, Occupations Code, is
497	505		amended to read as follows:
498	506		Sec. 605.056. PRESIDING OFFICER. The presiding officer of
499	507		the commission, with the commission's approval, shall designate a
500	508		member [members] of the advisory board to serve as the [shall elect
501	509		from the advisory board's membership a] presiding officer of the
502	510		advisory board [to serve] for a term of one year. The presiding
503	511		officer of the advisory board may vote on any matter before the
504	512		advisory board.
505	513		SECTION 7.002. Section 605.252(a), Occupations Code, is
506	514		amended to read as follows:
507	515		(a) To be eligible for a license to practice orthotics or
508	516		prosthetics in this state, a person must:
509	517		(1) submit an application in the manner and on the form
510	518		prescribed by the executive director;
511	519		(2) pay the nonrefundable application fee;
512	520		(3) [be a resident of this state;
513	521		[(4)] have completed formal training, including the
514	522		required hours of classroom education and clinical practice, in an
515	523		area of study the commission by rule determines to be necessary and
516	524		appropriate;
517	525		(4) [(5)] have completed a clinical residency in the
518	526		professional area for which a license is sought that complies with
519	527		the standards, guidelines, or procedures established by the
520	528		department for a clinical residency that is offered in this state or
521	529		another state; and
522	530		(5) [(6)] have passed each written and practical
523	531		examination approved and required by the department.
524	532		SECTION 7.003. Section 605.254(a), Occupations Code, is
525	533		amended to read as follows:
526	534		(a) A person is entitled to an exemption from the license
527	535		requirements established under Section 605.252 if the person [is a
528	536		resident of this state who] presents evidence satisfactory to the
529	537		department that the person possesses unique qualifications to
530	538		practice orthotics, prosthetics, or orthotics and prosthetics.
531	539		SECTION 7.004. Section 605.257(a), Occupations Code, is
532	540		amended to read as follows:
533	541		(a) The department may issue a temporary license to an
534	542		individual who:
535	543		(1) [has recently become a resident of this state;
536	544		[(2)] has applied for a license as an orthotist,
537	545		prosthetist, or both; [and]
538	546		(2) [(3)] has regularly [:
539	547		[(A)] practiced orthotics, prosthetics, or both
540	548		for the five years preceding the date of the application [regularly
541	549		since January 1, 1996]; and [or]
542	550		(3) has [(B)] been licensed by a [the] state [in
543	551		which the person formerly resided if] that [state] has license
544	552		requirements that are equal to or exceed the requirements of this
545	553		chapter.
546	554		SECTION 7.005. The heading to Subchapter H, Chapter 605,
547	555		Occupations Code, is amended to read as follows:
548	556		SUBCHAPTER H. PROHIBITED PRACTICES[, DISCIPLINARY PROCEDURES, AND
549	557		PENALTIES]
550	558		SECTION 7.006. The following provisions of the Occupations
551	559		Code are repealed:
552	560		(1) Section 605.252(d);
553	561		(2) Section 605.261(c);
554	562		(3) Section 605.353;
555	563		(4) Section 605.354;
556	564		(5) Section 605.356; and
557	565		(6) Subchapter I, Chapter 605.
558	566		SECTION 7.007. The presiding officer of the Orthotists and
559	567		Prosthetists Advisory Board who is serving on the effective date of
560	568		this Act shall continue to serve as the presiding officer until the
561	569		presiding officer of the Texas Commission of Licensing and
562	570		Regulation, with the commission's approval, designates a member of
563	571		the advisory board to serve as the presiding officer of the advisory
564	572		board as required by Section 605.056, Occupations Code, as amended
565	573		by this Act.
566	574		SECTION 7.008. Sections 605.252, 605.254, and 605.257,
567	575		Occupations Code, as amended by this Act, apply only to an
568	576		application submitted on or after the effective date of this Act.
569	577		An application submitted under Section 605.252, 605.254, or
570	578		605.257, Occupations Code, before the effective date of this Act is
571	579		governed by the law in effect on the date the application was
572	580		submitted, and the former law is continued in effect for that
573	581		purpose.
574	582		ARTICLE 8. DIETITIANS
575	583		SECTION 8.001. The following provisions of the Occupations
576	584		Code are repealed:
577	585		(1) Section 701.154;
578	586		(2) Section 701.255;
579	587		(3) Section 701.257;
580	588		(4) Section 701.259;
581	589		(5) Section 701.260;
582	590		(6) Subchapter J, Chapter 701; and
583	591		(7) Section 701.502.
584	592		SECTION 8.002. (a) A provisional or temporary license
585	593		issued under former Section 701.259 or 701.260, Occupations Code,
586	594		that is in effect on the effective date of this Act continues to be
587	595		valid until the license expires, and former Sections 701.259 and
588	596		701.260, Occupations Code, are continued in effect for that
589	597		purpose. Chapter 701, Occupations Code, as amended by this Act,
590	598		continues to apply to a holder of an unexpired provisional or
591	599		temporary license.
592	600		(b) On or after the effective date of this Act, the Texas
593	601		Department of Licensing and Regulation may not renew or extend a
594	602		provisional or temporary license issued under former Section
595	603		701.259 or 701.260, Occupations Code.
596	604		(c) A proceeding under Chapter 701, Occupations Code, that
597	605		is pending against a holder of a provisional or temporary license on
598	606		the date the license expires is terminated on that date.
599	607		ARTICLE 9. CODE ENFORCEMENT OFFICERS
600	608		SECTION 9.001. The following provisions of the Occupations
601	609		Code are repealed:
602	610		(1) Section 1952.053, as effective September 1, 2017;
603	611		(2) Subchapter E, Chapter 1952; and
604	612		(3) Subchapter F, Chapter 1952, as effective September
605	613		1, 2017.
606	614		ARTICLE 10. SANITARIANS
607	615		SECTION 10.001. The following provisions of the Occupations
608	616		Code are repealed:
609	617		(1) Section 1953.053;
610	618		(2) Subchapter F, Chapter 1953; and
611	619		(3) Subchapter G, Chapter 1953, as effective September
612	620		1, 2017.
613	621		ARTICLE 11. MOLD ASSESSORS AND REMEDIATORS
614	622		SECTION 11.001. Subchapter B, Chapter 1958, Occupations
615	623		Code, is amended by adding Section 1958.0531 to read as follows:
616	624		Sec. 1958.0531. RULES. The commission shall adopt rules as
617	625		necessary to administer this chapter.
618	626		SECTION 11.002. Section 1958.105, Occupations Code, is
619	627		amended to read as follows:
620	628		Sec. 1958.105. EXAMINATION. [(a)] The department may
621	629		require that an applicant for a license pass a competency
622	630		examination to qualify for the license.
623	631		[(b) If the department requires an examination, the
624	632		applicant must pass the examination with a score of 70 percent or
625	633		more.]
626	634		SECTION 11.003. Section 1958.153, Occupations Code, as
627	635		effective September 1, 2017, is amended to read as follows:
628	636		Sec. 1958.153. NOTICE OF PROJECT. (a) Except as provided
629	637		by Subsection (b), not later than the fifth day before the date on
630	638		which a license holder starts mold remediation at a property, the
631	639		license holder shall notify the department in a manner prescribed
632	640		by the department [in writing] about the project.
633	641		(b) In an emergency, notice to the department under
634	642		Subsection (a) [may be made verbally but] must be made not later
635	643		than the next business day after the license holder identifies the
636	644		emergency. For purposes of this subsection, an emergency exists if
637	645		a delay in mold remediation services in response to a water damage
638	646		occurrence would increase mold contamination.
639	647		(c) The commission shall adopt rules to implement this
640	648		section, including rules[:
641	649		[(1)] describing the information that must be provided
642	650		in the notice[; and
643	651		[(2) authorizing verbal notification to the
644	652		department in an emergency].
645	653		(d) The department shall develop a mechanism by which a
646	654		license holder may notify the department of an emergency as
647	655		required by Subsection (b).
648	656		SECTION 11.004. Section 1958.156(d), Occupations Code, is
649	657		amended to read as follows:
650	658		(d) Not later than the 10th day [one week] after the date of
651	659		completion of a mold remediation, the mold remediator license
652	660		holder shall provide the property owner with copies of all
653	661		photographs required by this section.
654	662		SECTION 11.005. Subchapter D, Chapter 1958, Occupations
655	663		Code, is amended by adding Section 1958.158 to read as follows:
656	664		Sec. 1958.158. SERVICE OF PROCESS ON LICENSE HOLDER. The
657	665		department may serve any notice that law requires the department to
658	666		serve on a license holder by:
659	667		(1) personal service on the license holder;
660	668		(2) certified mail, return receipt requested, to the
661	669		license holder at the last known address the license holder
662	670		provided to the department; or
663	671		(3) certified electronic mail to the license holder at
664	672		the last known electronic mail address the license holder provided
665	673		to the department.
666	674		SECTION 11.006. The following provisions of the Occupations
667	675		Code are repealed:
668	676		(1) Section 1958.055;
669	677		(2) Subchapter E, Chapter 1958, as effective September
670	678		1, 2017;
671	679		(3) Subchapter F, Chapter 1958, as effective September
672	680		1, 2017; and
673	681		(4) Section 1958.301.
674	682		SECTION 11.007. Section 1958.153, Occupations Code, as
675	683		amended by this Act, applies only to notice of a mold remediation
676	684		project that is provided on or after the effective date of this Act.
677	685		Notice of a mold remediation project that is provided before that
678	686		date is governed by the law in effect immediately before the
679	687		effective date of this Act, and the former law is continued in
680	688		effect for that purpose.
681	689		ARTICLE 12. TRANSITION PROVISIONS FOR CERTAIN PROCEEDINGS;
682	690		EFFECTIVE DATE
683	691		SECTION 12.001. (a) Except as provided by this Act, the
684	692		changes in law made by this Act do not apply to an administrative
685	693		proceeding pending on the effective date of this Act. An
686	694		administrative proceeding pending on the effective date of this Act
687	695		is governed by the law in effect immediately before the effective
688	696		date of this Act, and that law is continued in effect for that
689	697		purpose.
690	698		(b) Except as provided by this Act, a civil or criminal
691	699		proceeding based on a provision repealed by this Act that is pending
692	700		on the effective date of this Act is terminated on that date.
693	701		SECTION 12.002. This Act takes effect September 1, 2017.
694		-	______________________________ ______________________________
695		-	President of the Senate Speaker of the House
696		-	I certify that H.B. No. 4007 was passed by the House on May 4,
697		-	2017, by the following vote: Yeas 143, Nays 0, 2 present, not
698		-	voting; and that the House concurred in Senate amendments to H.B.
699		-	No. 4007 on May 24, 2017, by the following vote: Yeas 141, Nays 0,
700		-	2 present, not voting.
701		-	______________________________
702		-	Chief Clerk of the House
703		-	I certify that H.B. No. 4007 was passed by the Senate, with
704		-	amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
705		-	0.
706		-	______________________________
707		-	Secretary of the Senate
708		-	APPROVED: __________________
709		-	Date
710		-	__________________
711		-	Governor
	702	+	* * * * *