85R2521 KKR-D
By: Burkett H.B. No. 4069
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Executive Council
of Physical Therapy and Occupational Therapy Examiners, the Texas
Board of Physical Therapy Examiners, and the Texas Board of
Occupational Therapy Examiners; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL
THERAPY EXAMINERS
SECTION 1.01. Section 452.002, Occupations Code, is amended
to read as follows:
Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive
Council of Physical Therapy and Occupational Therapy Examiners is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the executive
council is abolished and the following laws expire September 1,
2029 [2017]:
(1) this chapter;
(2) Chapter 453; and
(3) Chapter 454.
SECTION 1.02. Section 452.053, Occupations Code, is amended
to read as follows:
Sec. 452.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a [nonprofit,]
cooperative[,] and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) A person [An officer, employee, or paid consultant of a
Texas trade association in the field of health care] may not be a
member of the executive council and may not be an employee of the
executive council employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's [who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group A17, of the position classification salary schedule.
[(c) A person who is the] spouse is [of] an officer,
manager, or paid consultant of a Texas trade association in the
field of health care [may not be a member of the executive council
and may not be an employee of the executive council who is exempt
from the state's position classification plan or is compensated at
or above the amount prescribed by the General Appropriations Act
for step 1, salary group A17, of the position classification salary
schedule].
(c) [(d)] A person may not serve as a member of the
executive council or act as the general counsel to the executive
council if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the executive council, the occupational therapy board, or the
physical therapy board.
SECTION 1.03. Section 452.055, Occupations Code, is amended
to read as follows:
Sec. 452.055. PRESIDING OFFICER. The [member appointed by
the] governor shall designate a member of the executive council as
[is] the presiding officer of the executive council to serve in that
capacity at the pleasure of the governor.
SECTION 1.04. Sections 452.056(a) and (c), Occupations
Code, are amended to read as follows:
(a) It is a ground for removal from the executive council
that a member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 452.051;
(2) does not maintain during service on the executive
council the qualifications required by Section 452.051;
(3) is ineligible for membership under [violates a
prohibition established by] Section 452.052 or 452.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled executive council meetings that the member is eligible to
attend during a calendar year without an excuse approved [unless
the absence is excused] by a majority vote of the executive council.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
of the executive council of the potential ground. The presiding
officer shall then notify the governor and the attorney general
[authority that appointed the member] that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the director shall notify the next highest
ranking officer of the executive council, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
SECTION 1.05. Subchapter B, Chapter 452, Occupations Code,
is amended by adding Section 452.059 to read as follows:
Sec. 452.059. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the executive council may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the executive council until the person completes a
training program that complies with this section.
(b) The training program required under this section must
provide the person with information regarding:
(1) the law governing the operations of the executive
council, physical therapy board, and occupational therapy board;
(2) the programs, functions, rules, and budget of the
executive council, physical therapy board, and occupational
therapy board;
(3) the scope of and limitations on the rulemaking
authority of the executive council, physical therapy board, and
occupational therapy board;
(4) the results of the most recent formal audit of the
executive council, physical therapy board, and occupational
therapy board;
(5) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the
executive council, physical therapy board, and occupational
therapy board in performing their duties; and
(6) any applicable ethics policies adopted by the
executive council or the Texas Ethics Commission.
(c) A person appointed to the executive council is entitled
to reimbursement, as provided by the General Appropriations Act,
for the travel expenses incurred in attending the training program
regardless of whether the person's attendance at the program occurs
before or after the person qualifies for office.
(d) The director of the executive council shall create a
training manual that includes the information required by
Subsection (b). The director shall distribute a copy of the
training manual annually to each member of the executive council.
On receipt of the training manual, each member of the executive
council shall sign and submit to the director a statement
acknowledging receipt of the training manual.
SECTION 1.06. Section 452.102, Occupations Code, is amended
to read as follows:
Sec. 452.102. DIVISION OF RESPONSIBILITIES. The executive
council shall develop and implement policies that clearly separate
[define] the policymaking [respective] responsibilities of the
executive council and the management responsibilities of the
director and the staff of the executive council.
SECTION 1.07. Section 452.152(b), Occupations Code, is
amended to read as follows:
(b) The executive council shall perform the administrative
functions relating to issuing and renewing licenses, including[:
[(1) the administration of written examinations and
collection of fees; and
[(2)] the ministerial functions of preparing and
delivering licenses, obtaining material and information in
connection with the renewal of a license, and receiving and
forwarding complaints to the appropriate board.
SECTION 1.08. Subchapter D, Chapter 452, Occupations Code,
is amended by adding Section 452.160 to read as follows:
Sec. 452.160. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The executive council shall develop a policy to
encourage the use of:
(1) negotiated rulemaking under Chapter 2008,
Government Code, for the adoption of rules by the executive council
or the occupational therapy or physical therapy boards; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the executive
council's jurisdiction.
(b) The executive council's procedures relating to
alternative dispute resolution must conform, to the extent
possible, to any model guidelines issued by the State Office of
Administrative Hearings for the use of alternative dispute
resolution by state agencies.
(c) The executive council shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 1.09. Section 452.153(b), Occupations Code, is
repealed.
SECTION 1.10. As soon as practicable after the effective
date of this article:
(1) the director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners shall create the
training manual required by Section 452.059(d), Occupations Code,
as added by this article; and
(2) the executive council shall:
(A) develop and implement the policies required
by Section 452.102, Occupations Code, as amended by this article;
and
(B) develop the policy required by Section
452.160, Occupations Code, as added by this article.
SECTION 1.11. Notwithstanding Section 452.059(a),
Occupations Code, as added by this article, a member of the
Executive Council of Physical Therapy and Occupational Therapy
Examiners who has not completed the training required by Section
452.059, Occupations Code, as added by this article, may vote,
deliberate, and be counted as a member in attendance at a meeting of
the Executive Council of Physical Therapy and Occupational Therapy
Examiners until December 1, 2017.
ARTICLE 2. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
SECTION 2.01. Section 453.002, Occupations Code, is amended
to read as follows:
Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of
Physical Therapy Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2029 [2017].
SECTION 2.02. Section 453.054, Occupations Code, is amended
to read as follows:
Sec. 453.054. MEMBERSHIP RESTRICTIONS. (a) In this
section, "Texas trade association" means a [nonprofit,]
cooperative[,] and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) A person [An officer, employee, or paid consultant of a
Texas trade association in the field of health care] may not be a
member of the board if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's [.
[(c) A person who is the] spouse is [of] an officer,
manager, or paid consultant of a Texas trade association in the
field of health care [may not be a member of the board].
(c) [(d)] A person may not be [serve as] a member of the
board if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the board.
SECTION 2.03. Sections 453.056(a) and (c), Occupations
Code, are amended to read as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 453.051(a);
(2) does not maintain during service on the board the
qualifications required by Section 453.051(a);
(3) is ineligible for membership under [violates a
prohibition established by] Section 453.053 or 453.054;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved [unless the
absence is excused] by a majority vote of the board.
(c) If the coordinator of physical therapy programs has
knowledge that a potential ground for removal exists, the
coordinator shall notify the presiding officer of the board of the
potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the coordinator shall notify the next highest
ranking officer of the board, who shall then notify the governor and
the attorney general that a potential ground for removal exists.
SECTION 2.04. Section 453.058, Occupations Code, is amended
to read as follows:
Sec. 453.058. OFFICERS. (a) The governor shall designate a
member of the board as the presiding officer of the board to serve
in that capacity at the pleasure of the governor.
(b) After the appointment of members every two years, the
members of the board shall elect from among its members a [presiding
officer,] secretary[,] and other officers required to conduct the
business of the board.
SECTION 2.05. Section 453.060, Occupations Code, is amended
to read as follows:
Sec. 453.060. TRAINING. (a) A person who is appointed to
and qualifies for office as [Before] a member of the board may not
vote, deliberate, or be counted as a member in attendance at a
meeting of [assume the member's duties, the member must complete at
least a course of the training program established by] the board
until the person completes a training program that complies with
[under] this section.
(b) The [A] training program must [shall] provide the person
with information [to a participant] regarding:
(1) the law governing board and executive council
operations [this chapter];
(2) the programs, functions, rules, and budget of
[operated by] the board and executive council;
(3) the scope of and limitations on the rulemaking
authority [the role and functions] of the board and executive
council;
(4) [the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the board;
[(6)] the results of the most recent formal audit of
the board and executive council;
(5) [(7)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts
[Chapters 551, 552, 2001, and 2002, Government Code;
[(8) the requirements of the conflict] of interest;
and
(B) [laws and] other laws applicable to members
of the board in performing their duties [relating to public
officials]; and
(6) [(9)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the person's attendance at the program occurs
before or after the person qualifies for office [In developing the
training requirements provided for by this section, the board shall
consult with the governor's office, the attorney general's office,
and the Texas Ethics Commission].
(d) The director of the executive council shall create a
training manual that includes the information required by
Subsection (b). The director shall distribute a copy of the
training manual annually to each board member. On receipt of the
training manual, each board member shall sign and submit to the
director a statement acknowledging receipt of the training manual
[If another state agency or entity is given the authority to
establish the training requirements, the board shall allow that
training instead of developing its own program].
SECTION 2.06. Section 453.105(b), Occupations Code, is
amended to read as follows:
(b) The board shall develop and implement policies that
clearly separate [define] the policymaking [respective]
responsibilities of the board and the management responsibilities
of the director and [the] staff of the executive council.
SECTION 2.07. Subchapter C, Chapter 453, Occupations Code,
is amended by adding Sections 453.1061 and 453.109 to read as
follows:
Sec. 453.1061. PLACE OF EMPLOYMENT. The board may require
that a license holder provide current information in a readily
accessible and usable format regarding the license holder's place
of employment as a physical therapist or physical therapist
assistant.
Sec. 453.109. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop a policy to encourage the
use of:
(1) negotiated rulemaking under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 2.08. Section 453.151(c), Occupations Code, is
amended to read as follows:
(c) Information maintained by the executive council or the
board under this chapter regarding the home address or personal
telephone number of a person licensed under this chapter [or a
person who is an owner or manager of a physical therapy facility
registered under this chapter] is confidential and not subject to
disclosure under Chapter 552, Government Code. A person licensed
under this chapter [or a person who is an owner or manager of a
physical therapy facility registered under this chapter] must
provide the board with a business address or address of record that
will be subject to disclosure under Chapter 552, Government Code.
SECTION 2.09. Section 453.154(e), Occupations Code, is
amended to read as follows:
(e) The staff of the executive council [coordinator of
physical therapy programs] shall notify the board of a complaint
that is unresolved after the time prescribed by the board for
resolving the complaint so that the board may take necessary action
on the complaint.
SECTION 2.10. The heading to Subchapter E, Chapter 453,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. LICENSE REQUIREMENTS[; REGISTRATION OF FACILITIES]
SECTION 2.11. Section 453.202(b), Occupations Code, is
amended to read as follows:
(b) The application must be accompanied by[:
[(1) an examination fee prescribed by the board; and
[(2)] a nonrefundable application fee prescribed by
the executive council [board].
SECTION 2.12. Section 453.203, Occupations Code, is amended
to read as follows:
Sec. 453.203. QUALIFICATIONS FOR PHYSICAL THERAPIST OR
PHYSICAL THERAPIST ASSISTANT LICENSE. (a) An applicant for a
physical therapist license must, in addition to other requirements
and qualifications established by the board, present:
(1) evidence satisfactory to the board that the
applicant has completed an accredited physical therapy educational
program; or
(2) official documentation from an educational
credentials review agency approved by the board certifying that the
applicant has completed[:
[(A)] a program equivalent to a Commission on
Accreditation in [of] Physical Therapy Education accredited
program[; and
[(B) at least 60 academic semester credits or the
equivalent from an accredited institution of higher education].
(b) An applicant for a physical therapist assistant license
must, in addition to other requirements and qualifications
established by the board, present evidence satisfactory to the
board that the applicant has completed an accredited physical
therapist assistant program or an accredited physical therapy
educational program[, including courses in the anatomical,
biological, and physical sciences, and clinical procedures
prescribed and approved by the board].
(c) A physical therapy educational program or physical
therapist assistant program is an accredited program if the program
is[:
[(1)] accredited by the Commission on Accreditation in
Physical Therapy Education[; and
[(2) associated with an institution of higher
education].
SECTION 2.13. Section 453.204(b), Occupations Code, is
amended to read as follows:
(b) Before allowing a foreign-trained applicant to take the
examination, the board shall require the applicant to furnish proof
of[:
[(1) good moral character; and
[(2)] completion of requirements substantially equal
to those under Section 453.203.
SECTION 2.14. Section 453.205, Occupations Code, is amended
to read as follows:
Sec. 453.205. LICENSE EXAMINATION. (a) The board by rule
shall recognize a national testing entity to administer the
examination required to obtain a physical therapist or physical
therapist assistant license [shall examine applicants for licenses
at least once each year at a reasonable place and time designated by
the board].
(b) The physical therapist examination is a national
examination that tests entry-level competence related to [must
cover the subjects generally taught by an accredited] physical
therapy theory, examination [educational program or an accredited
physical therapist assistant program and may include clinical
decision-making] and evaluation, prognosis, treatment
intervention, prevention [program planning and implementation, and
administration, education], and consultation[, and research in
physical therapy].
(c) The physical therapist assistant examination is a
national examination that tests for required knowledge and skills
in the technical application of physical therapy services [board by
rule may establish a procedure for administering the examination,
including the conditions under which and the number of times an
applicant may retake an examination].
(d) An applicant for a license must agree to comply with the
security and copyright provisions of the national examination. If
the board has knowledge of a violation of the security or copyright
provisions or a compromise or attempted compromise of the
provisions, the board shall report the matter to the testing entity
[The board shall have any written portion of the examination
validated by an independent testing entity].
(e) The board may disqualify an applicant from taking or
retaking an examination for a period specified by the board if the
board determines that the applicant engaged or attempted to engage
in conduct that compromises or undermines the integrity of the
examination process, including a violation of security or copyright
provisions related to the national examination.
(f) If the board enters into a contract with a national
testing entity under Subsection (a), the contract must include a
provision requiring the national testing entity to provide to the
board an examination score report for each applicant for a license
under this chapter who took the examination.
(g) The board may require an applicant for a physical
therapist or physical therapist assistant license to pass a
jurisprudence examination.
SECTION 2.15. Section 453.207, Occupations Code, is amended
to read as follows:
Sec. 453.207. REEXAMINATION. (a) An applicant who fails to
pass an [a one-part] examination under Section 453.205 may retake
the examination under the policies of the national testing entity
[or a part of a divided examination may take another one-part
examination or the part of the divided examination that the
applicant failed on payment of an additional examination fee].
(b) [If an applicant fails to pass a second or subsequent
examination, the board shall require the applicant to complete an
additional course of study designated by the board.] Before
retaking an [taking a subsequent] examination, the applicant must:
(1) submit [present] to the board a reexamination
application prescribed by the board [satisfactory evidence that the
applicant has completed the required course of study]; and
(2) pay a nonrefundable application [an additional]
fee prescribed by the executive council [equal to the amount of the
fee required for filing the original application].
SECTION 2.16. Subchapter E, Chapter 453, Occupations Code,
is amended by adding Sections 453.214 and 453.215 to read as
follows:
Sec. 453.214. LICENSE BY ENDORSEMENT. (a) The board shall
issue a physical therapist license or a physical therapist
assistant license, as applicable, to an applicant who holds a
current, unrestricted license in another jurisdiction that
maintains licensing requirements that are substantially equivalent
to the requirements under this chapter. An applicant for a license
under this section must:
(1) present proof to the board that the applicant is
licensed in good standing as a physical therapist or physical
therapist assistant in that jurisdiction;
(2) provide to the board information regarding the
status of any other professional license that the applicant holds
or has held in this state or another jurisdiction;
(3) present proof to the board that the applicant has
passed a jurisprudence examination required by the board;
(4) meet the qualifications required by Section
453.203 or 453.204, as applicable;
(5) not have committed an act that is grounds for
denial of a license under Section 453.351;
(6) submit to the board a current photograph that
meets the requirements for a United States passport; and
(7) meet any additional requirements provided by board
rule.
(b) The board shall adopt rules for issuing a provisional
license under Section 453.209 to an applicant for a license by
endorsement who encounters a delay that is outside the applicant's
control in submitting to the board the documentation required by
this section.
Sec. 453.215. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE ISSUANCE. (a) The board shall require that an applicant
for a license submit a complete and legible set of fingerprints, on
a form prescribed by the board, to the board or to the Department of
Public Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
(b) The board may not issue a license to a person who does
not comply with the requirement of Subsection (a).
(c) The board shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the board by the Department of
Public Safety, the Federal Bureau of Investigation, and any other
criminal justice agency under Chapter 411, Government Code.
(d) The board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
SECTION 2.17. Section 453.252(b), Occupations Code, is
amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the executive council the
renewal fee and a late fee set by the executive council in an amount
that does not exceed one-half of the amount charged for renewal of
[examination for] the license. If a person's license has been
expired for more than 90 days but less than one year, the person may
renew the license by paying to the executive council all unpaid
renewal fees and a late fee set by the executive council in an
amount that does not exceed the amount charged for renewal of
[examination for] the license.
SECTION 2.18. Section 453.253(b), Occupations Code, is
amended to read as follows:
(b) The person must pay to the executive council a renewal
fee set by the executive council under this section in an amount
that does not exceed the renewal [examination] fee for the license.
SECTION 2.19. Section 453.254, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) The board by rule shall establish a process for
selecting an appropriate organization to approve continuing
competence activities under Subsection (d). The selection process
must include a request for proposal and bidding process. If the
board authorizes an organization to approve continuing competence
activities under Subsection (d), the board shall request bids and
proposals from that organization and other organizations at least
once every four years.
SECTION 2.20. Subchapter F, Chapter 453, Occupations Code,
is amended by adding Section 453.255 to read as follows:
Sec. 453.255. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
license issued under this chapter shall submit a complete and
legible set of fingerprints for purposes of performing a criminal
history record information check of the applicant as provided by
Section 453.215.
(b) The board may administratively suspend or refuse to
renew the license of a person who does not comply with the
requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the license
holder has previously submitted fingerprints under:
(1) Section 453.215 for the initial issuance of the
license; or
(2) this section as part of a prior license renewal.
SECTION 2.21. Subchapter H, Chapter 453, Occupations Code,
is amended by adding Sections 453.3525 and 453.357 to read as
follows:
Sec. 453.3525. SCHEDULE OF SANCTIONS. (a) The board by
rule shall adopt a schedule of administrative penalties and other
sanctions that the board may impose under this chapter. In adopting
the schedule of sanctions, the board shall ensure that the amount of
the penalty or severity of the sanction imposed is appropriate to
the type of violation or conduct that is the basis for disciplinary
action. In determining the appropriate disciplinary action,
including the amount of any administrative penalty to assess, the
board shall consider:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and
gravity of the violation; and
(B) the hazard or potential hazard created to the
health, safety, or economic welfare of the public;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts to correct the violation;
(5) the economic harm to the public interest or public
confidence caused by the violation;
(6) whether the violation was intentional; and
(7) any other matter that justice may require.
(b) The board shall make the schedule of sanctions adopted
under Subsection (a) available to the public on request.
Sec. 453.357. RECORD OF DISCIPLINARY ACTION; EXPUNGEMENT.
(a) The board by rule shall establish a process to expunge any
record of disciplinary action taken against a license holder before
September 1, 2017, for practicing in a facility that failed to meet
the registration requirements of Section 453.213, as that section
existed on January 1, 2017. The rules must provide that the board
may not expunge a record under this section after September 1, 2019.
(b) This section expires September 1, 2019.
SECTION 2.22. Section 453.401, Occupations Code, is amended
to read as follows:
Sec. 453.401. IMPOSITION OF PENALTY. The board may impose
an administrative penalty on a person licensed or regulated under
this chapter [or a facility registered under this chapter] who
violates this chapter or a rule or order adopted under this chapter.
SECTION 2.23. Section 453.402(b), Occupations Code, is
amended to read as follows:
(b) The amount of the penalty shall be determined according
to the sanctions schedule adopted under Section 453.3525 [based on:
[(1) the seriousness of the violation, including:
[(A) the nature, circumstances, extent, and
gravity of a prohibited act; and
[(B) the hazard or potential hazard created to
the health, safety, or economic welfare of the public;
[(2) the history of previous violations;
[(3) the amount necessary to deter future violations;
[(4) efforts to correct the violation; and
[(5) any other matter that justice may require].
SECTION 2.24. Section 453.403(a), Occupations Code, is
amended to read as follows:
(a) The board shall adopt rules that establish procedures
for assessing an administrative penalty and that provide for notice
and a hearing for a license holder [or facility administrator] that
may be subject to a penalty under this subchapter.
SECTION 2.25. The following provisions of the Occupations
Code are repealed:
(1) Section 453.001(8);
(2) Section 453.202(c);
(3) Section 453.206; and
(4) Section 453.213.
SECTION 2.26. (a) Except as provided by Subsection (b) of
this section, Section 453.060, Occupations Code, as amended by this
article, applies to a member of the Texas Board of Physical Therapy
Examiners appointed before, on, or after the effective date of this
article.
(b) A member of the Texas Board of Physical Therapy
Examiners who, before the effective date of this article, completed
the training program required by Section 453.060, Occupations Code,
as that law existed before the effective date of this article, is
required to complete additional training only on subjects added to
the training program required by Section 453.060, Occupations Code,
as amended by this article. A board member described by this
subsection may not vote, deliberate, or be counted as a member in
attendance at a meeting of the Texas Board of Physical Therapy
Examiners held on or after December 1, 2017, until the member
completes the additional training.
SECTION 2.27. As soon as practicable after the effective
date of this article, the director of the Executive Council of
Physical Therapy and Occupational Therapy Examiners shall create
the training manual required by Section 453.060(d), Occupations
Code, as amended by this article.
SECTION 2.28. As soon as practicable after the effective
date of this article, the Texas Board of Physical Therapy Examiners
shall:
(1) develop and implement the policies required by:
(A) Section 453.105(b), Occupations Code, as
amended by this article; and
(B) Section 453.109, Occupations Code, as added
by this article; and
(2) adopt any rules necessary to implement Chapter
453, Occupations Code, as amended by this article.
SECTION 2.29. Not later than September 1, 2018, the Texas
Board of Physical Therapy Examiners shall establish the request for
proposal and bidding process required by Section 453.254(e),
Occupations Code, as added by this article.
SECTION 2.30. Sections 453.203, 453.204, 453.205, 453.207,
453.252, and 453.253, Occupations Code, as amended by this article,
and Sections 453.215 and 453.255, Occupations Code, as added by
this article, apply only to an application for the issuance or
renewal of a physical therapist or physical therapist assistant
license submitted to the Texas Board of Physical Therapy Examiners
on or after the effective date of this article. An application
submitted before that date is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 2.31. A person who holds a physical therapist or
physical therapist assistant license issued before the effective
date of this article may continue to renew that license without
complying with the changes in law made by this article to Section
453.203, Occupations Code.
SECTION 2.32. (a) The Texas Board of Physical Therapy
Examiners shall dismiss the portion of any complaint, penalty,
disciplinary action, or contested case pending on the effective
date of this article that is based on a violation of rules adopted
under Section 453.213, Occupations Code, as repealed by this
article.
(b) Section 453.357, Occupations Code, as added by this
article, applies only to records of disciplinary action for conduct
that occurred before the effective date of this article.
SECTION 2.33. Section 453.3525, Occupations Code, as added
by this article, and Section 453.402(b), Occupations Code, as
amended by this article, apply only to conduct that occurs on or
after the date that rules adopted under Section 453.3525 take
effect. Conduct that occurs before that date is governed by the law
in effect before the effective date of this article, and the former
law is continued in effect for that purpose.
ARTICLE 3. PHYSICAL THERAPY LICENSURE COMPACT
SECTION 3.01. Chapter 453, Occupations Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. PHYSICAL THERAPY LICENSURE COMPACT
Sec. 453.501. PHYSICAL THERAPY LICENSURE COMPACT. The
Physical Therapy Licensure Compact is enacted and entered into with
all other jurisdictions that legally join in the compact, which
reads as follows:
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate
practice of physical therapy with the goal of improving public
access to physical therapy services. The practice of physical
therapy occurs in the state where the patient/client is located at
the time of the patient/client encounter. The Compact preserves the
regulatory authority of states to protect public health and safety
through the current system of state licensure.
This Compact is designed to achieve the following objectives:
1. Increase public access to physical therapy services by
providing for the mutual recognition of other member
state licenses;
2. Enhance the states' ability to protect the public's
health and safety;
3. Encourage the cooperation of member states in regulating
multi-state physical therapy practice;
4. Support spouses of relocating military members;
5. Enhance the exchange of licensure, investigative, and
disciplinary information between member states; and
6. Allow a remote state to hold a provider of services with a
compact privilege in that state accountable to that
state's practice standards.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided,
the following definitions shall apply:
1. "Active Duty Military" means full-time duty status
in the active uniformed service of the United
States, including members of the National Guard and
Reserve on active duty orders pursuant to 10 U.S.C.
Section 1209 and 1211.
2. "Adverse Action" means disciplinary action taken by
a physical therapy licensing board based upon
misconduct, unacceptable performance, or a
combination of both.
3. "Alternative Program" means a non-disciplinary
monitoring or practice remediation process
approved by a physical therapy licensing board.
This includes, but is not limited to, substance
abuse issues.
4. "Compact privilege" means the authorization
granted by a remote state to allow a licensee from
another member state to practice as a physical
therapist or work as a physical therapist assistant
in the remote state under its laws and rules. The
practice of physical therapy occurs in the member
state where the patient/client is located at the
time of the patient/client encounter.
5. "Continuing competence" means a requirement, as a
condition of license renewal, to provide evidence
of participation in, and/or completion of,
educational and professional activities relevant
to practice or area of work.
6. "Data system" means a repository of information
about licensees, including examination, licensure,
investigative, compact privilege, and adverse
action.
7. "Encumbered license" means a license that a
physical therapy licensing board has limited in any
way.
8. "Executive Board" means a group of directors
elected or appointed to act on behalf of, and
within the powers granted to them by, the
Commission.
9. "Home state" means the member state that is the
licensee's primary state of residence.
10. "Investigative information" means information,
records, and documents received or generated by a
physical therapy licensing board pursuant to an
investigation.
11. "Jurisprudence Requirement" means the assessment
of an individual's knowledge of the laws and rules
governing the practice of physical therapy in a
state.
12. "Licensee" means an individual who currently holds
an authorization from the state to practice as a
physical therapist or to work as a physical
therapist assistant.
13. "Member state" means a state that has enacted the
Compact.
14. "Party state" means any member state in which a
licensee holds a current license or compact
privilege or is applying for a license or compact
privilege.
15. "Physical therapist" means an individual who is
licensed by a state to practice physical therapy.
16. "Physical therapist assistant" means an individual
who is licensed/certified by a state and who
assists the physical therapist in selected
components of physical therapy.
17. "Physical therapy," "physical therapy practice,"
and "the practice of physical therapy" mean the
care and services provided by or under the
direction and supervision of a licensed physical
therapist.
18. "Physical Therapy Compact Commission" or
"Commission" means the national administrative
body whose membership consists of all states that
have enacted the Compact.
19. "Physical therapy licensing board" or "licensing
board" means the agency of a state that is
responsible for the licensing and regulation of
physical therapists and physical therapist
assistants.
20. "Remote State" means a member state other than the
home state, where a licensee is exercising or
seeking to exercise the compact privilege.
21. "Rule" means a regulation, principle, or directive
promulgated by the Commission that has the force of
law.
22. "State" means any state, commonwealth, district, or
territory of the United States of America that
regulates the practice of physical therapy.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a state must:
1. Participate fully in the Commission's data system,
including using the Commission's unique identifier
as defined in rules;
2. Have a mechanism in place for receiving and
investigating complaints about licensees;
3. Notify the Commission, in compliance with the terms
of the Compact and rules, of any adverse action or
the availability of investigative information
regarding a licensee;
4. Fully implement a criminal background check
requirement, within a time frame established by
rule, by receiving the results of the Federal
Bureau of Investigation record search on criminal
background checks and use the results in making
licensure decisions in accordance with Section
3.B.;
5. Comply with the rules of the Commission;
6. Utilize a recognized national examination as a
requirement for licensure pursuant to the rules of
the Commission; and
7. Have continuing competence requirements as a
condition for license renewal.
B. Upon adoption of this statute, the member state shall
have the authority to obtain biometric-based information from each
physical therapy licensure applicant and submit this information to
the Federal Bureau of Investigation for a criminal background check
in accordance with 28 U.S.C. Section 534 and 42 U.S.C. Section
14616.
C. A member state shall grant the compact privilege to a
licensee holding a valid unencumbered license in another member
state in accordance with the terms of the Compact and rules.
D. Member states may charge a fee for granting a compact
privilege.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and
provisions of the Compact, the licensee shall:
1. Hold a license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member
state in accordance with Section 4D, G and H;
4. Have not had any adverse action against any license
or compact privilege within the previous 2 years;
5. Notify the Commission that the licensee is seeking
the compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee,
for the compact privilege;
7. Meet any jurisprudence requirements established by
the remote state(s) in which the licensee is
seeking a compact privilege; and
8. Report to the Commission adverse action taken by
any non-member state within 30 days from the date
the adverse action is taken.
B. The compact privilege is valid until the expiration date
of the home license. The licensee must comply with the requirements
of Section 4.A. to maintain the compact privilege in the remote
state.
C. A licensee providing physical therapy in a remote state
under the compact privilege shall function within the laws and
regulations of the remote state.
D. A licensee providing physical therapy in a remote state
is subject to that state's regulatory authority. A remote state
may, in accordance with due process and that state's laws, remove a
licensee's compact privilege in the remote state for a specific
period of time, impose fines, and/or take any other necessary
actions to protect the health and safety of its citizens. The
licensee is not eligible for a compact privilege in any state until
the specific time for removal has passed and all fines are paid.
E. If a home state license is encumbered, the licensee shall
lose the compact privilege in any remote state until the following
occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse
action.
F. Once an encumbered license in the home state is restored
to good standing, the licensee must meet the requirements of
Section 4A to obtain a compact privilege in any remote state.
G. If a licensee's compact privilege in any remote state is
removed, the individual shall lose the compact privilege in any
remote state until the following occur:
1. The specific period of time for which the compact
privilege was removed has ended;
2. All fines have been paid; and
3. Two years have elapsed from the date of the adverse
action.
H. Once the requirements of Section 4G have been met, the
license must meet the requirements in Section 4A to obtain a compact
privilege in a remote state.
SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A licensee who is active duty military or is the spouse of an
individual who is active duty military may designate one of the
following as the home state:
A. Home of record;
B. Permanent Change of Station (PCS); or
C. State of current residence if it is different than the
PCS state or home of record.
SECTION 6. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse
action against a license issued by the home state.
B. A home state may take adverse action based on the
investigative information of a remote state, so long as the home
state follows its own procedures for imposing adverse action.
C. Nothing in this Compact shall override a member state's
decision that participation in an alternative program may be used
in lieu of adverse action and that such participation shall remain
non-public if required by the member state's laws. Member states
must require licensees who enter any alternative programs in lieu
of discipline to agree not to practice in any other member state
during the term of the alternative program without prior
authorization from such other member state.
D. Any member state may investigate actual or alleged
violations of the statutes and rules authorizing the practice of
physical therapy in any other member state in which a physical
therapist or physical therapist assistant holds a license or
compact privilege.
E. A remote state shall have the authority to:
1. Take adverse actions as set forth in Section 4.D.
against a licensee's compact privilege in the
state;
2. Issue subpoenas for both hearings and
investigations that require the attendance and
testimony of witnesses, and the production of
evidence. Subpoenas issued by a physical therapy
licensing board in a party state for the attendance
and testimony of witnesses, and/or the production
of evidence from another party state, shall be
enforced in the latter state by any court of
competent jurisdiction, according to the practice
and procedure of that court applicable to subpoenas
issued in proceedings pending before it. The
issuing authority shall pay any witness fees,
travel expenses, mileage, and other fees required
by the service statutes of the state where the
witnesses and/or evidence are located; and
3. If otherwise permitted by state law, recover from
the licensee the costs of investigations and
disposition of cases resulting from any adverse
action taken against that licensee.
F. Joint Investigations
1. In addition to the authority granted to a member
state by its respective physical therapy practice
act or other applicable state law, a member state
may participate with other member states in joint
investigations of licensees.
2. Member states shall share any investigative,
litigation, or compliance materials in furtherance
of any joint or individual investigation initiated
under the Compact.
SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
COMMISSION
A. The Compact member states hereby create and establish a
joint public agency known as the Physical Therapy Compact
Commission:
1. The Commission is an instrumentality of the Compact
states.
2. Venue is proper and judicial proceedings by or
against the Commission shall be brought solely and
exclusively in a court of competent jurisdiction
where the principal office of the Commission is
located. The Commission may waive venue and
jurisdictional defenses to the extent it adopts or
consents to participate in alternative dispute
resolution proceedings.
3. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each member state shall have and be limited to one
(1) delegate selected by that member state's
licensing board.
2. The delegate shall be a current member of the
licensing board, who is a physical therapist,
physical therapist assistant, public member, or
the board administrator.
3. Any delegate may be removed or suspended from
office as provided by the law of the state from
which the delegate is appointed.
4. The member state board shall fill any vacancy
occurring in the Commission.
5. Each delegate shall be entitled to one (1) vote with
regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the
Commission.
6. A delegate shall vote in person or by such other
means as provided in the bylaws. The bylaws may
provide for delegates' participation in meetings by
telephone or other means of communication.
7. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as
set forth in the bylaws.
C. The Commission shall have the following powers and
duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with
the bylaws;
4. Meet and take such actions as are consistent with
the provisions of this Compact and the bylaws;
5. Promulgate uniform rules to facilitate and
coordinate implementation and administration of
this Compact. The rules shall have the force and
effect of law and shall be binding in all member
states;
6. Bring and prosecute legal proceedings or actions in
the name of the Commission, provided that the
standing of any state physical therapy licensing
board to sue or be sued under applicable law shall
not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of
personnel, including, but not limited to,
employees of a member state;
9. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such
individuals appropriate authority to carry out the
purposes of the Compact, and to establish the
Commission's personnel policies and programs
relating to conflicts of interest, qualifications
of personnel, and other related personnel matters;
10. Accept any and all appropriate donations and grants
of money, equipment, supplies, materials and
services, and to receive, utilize and dispose of
the same; provided that at all times the Commission
shall avoid any appearance of impropriety and/or
conflict of interest;
11. Lease, purchase, accept appropriate gifts or
donations of, or otherwise to own, hold, improve or
use, any property, real, personal or mixed;
provided that at all times the Commission shall
avoid any appearance of impropriety;
12. Sell convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real,
personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees
composed of members, state regulators, state
legislators or their representatives, and consumer
representatives, and such other interested persons
as may be designated in this Compact and the
bylaws;
16. Provide and receive information from, and cooperate
with, law enforcement agencies;
17. Establish and elect an Executive Board; and
18. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact
consistent with the state regulation of physical
therapy licensure and practice.
D. The Executive Board
The Executive Board shall have the power to act on behalf of
the Commission according to the terms of this Compact.
1. The Executive Board shall be composed of nine
members:
a. Seven voting members who are elected by the
Commission from the current membership of the
Commission;
b. One ex-officio, nonvoting member from the
recognized national physical therapy
professional association; and
c. One ex-officio, nonvoting member from the
recognized membership organization of the
physical therapy licensing boards.
2. The ex-officio members will be selected by their
respective organizations.
3. The Commission may remove any member of the
Executive Board as provided in bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following Duties
and responsibilities:
a. Recommend to the entire Commission changes to
the rules or bylaws, changes to this Compact
legislation, fees paid by Compact member
states such as annual dues, and any
commission Compact fee charged to licensees
for the compact privilege;
b. Ensure Compact administration services are
appropriately provided, contractual or
otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of member states
and provide compliance reports to the
Commission;
f. Establish additional committees as necessary;
and
g. Other duties as provided in rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public
notice of meetings shall be given in the same
manner as required under the rulemaking provisions
in Section 9.
2. The Commission or the Executive Board or other
committees of the Commission may convene in a
closed, non-public meeting if the Commission or
Executive Board or other committees of the
Commission must discuss:
a. Non-compliance of a member state with its
obligations under the Compact;
b. The employment, compensation, discipline or
other matters, practices or procedures
related to specific employees or other
matters related to the Commission's internal
personnel practices and procedures;
c. Current, threatened, or reasonably
anticipated litigation;
d. Negotiation of contracts for the purchase,
lease, or sale of goods, services, or real
estate;
e. Accusing any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or
financial information that is privileged or
confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled
for law enforcement purposes;
i. Disclosure of information related to any
investigative reports prepared by or on
behalf of or for use of the Commission or
other committee charged with responsibility
of investigation or determination of
compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure
by federal or member state statute.
3. If a meeting, or portion of a meeting, is closed
pursuant to this provision, the Commission's legal
counsel or designee shall certify that the meeting
may be closed and shall reference each relevant
exempting provision.
4. The Commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting
and shall provide a full and accurate summary of
actions taken, and the reasons therefore,
including a description of the views expressed. All
documents considered in connection with an action
shall be identified in such minutes. All minutes
and documents of a closed meeting shall remain
under seal, subject to release by a majority vote
of the Commission or order of a court of competent
jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the
payment of, the reasonable expenses of its
establishment, organization, and ongoing
activities.
2. The Commission may accept any and all appropriate
revenue sources, donations, and grants of money,
equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual
assessment from each member state or impose fees on
other parties to cover the cost of the operations
and activities of the Commission and its staff,
which must be in a total amount sufficient to cover
its annual budget as approved each year for which
revenue is not provided by other sources. The
aggregate annual assessment amount shall be
allocated based upon a formula to be determined by
the Commission, which shall promulgate a rule
binding upon all member states.
4. The Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet
the same; nor shall the Commission pledge the
credit of any of the member states, except by and
with the authority of the member state.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and
disbursements of the Commission shall be subject to
the audit and accounting procedures established
under its bylaws. However, all receipts and
disbursements of funds handled by the Commission
shall be audited yearly by a certified or licensed
public accountant, and the report of the audit
shall be included in and become part of the annual
report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director,
employees and representatives of the Commission
shall be immune from suit and liability, either
personally or in their official capacity, for any
claim for damage to or loss of property or personal
injury or other civil liability caused by or
arising out of any actual or alleged act, error or
omission that occurred, or that the person against
whom the claim is made had a reasonable basis for
believing occurred within the scope of Commission
employment, duties or responsibilities; provided
that nothing in this paragraph shall be construed
to protect any such person from suit and/or
liability for any damage, loss, injury, or
liability caused by the intentional or willful or
wanton misconduct of that person.
2. The Commission shall defend any member, officer,
executive director, employee or representative of
the Commission in any civil action seeking to
impose liability arising out of any actual or
alleged act, error, or omission that occurred
within the scope of Commission employment, duties,
or responsibilities, or that the person against
whom the claim is made had a reasonable basis for
believing occurred within the scope of Commission
employment, duties, or responsibilities; provided
that nothing herein shall be construed to prohibit
that person from retaining his or her own counsel;
and provided further, that the actual or alleged
act, error, or omission did not result from that
person's intentional or willful or wanton
misconduct.
3. The Commission shall indemnify and hold harmless
any member, officer, executive director, employee,
or representative of the Commission for the amount
of any settlement or judgment obtained against that
person arising out of any actual or alleged act,
error or omission that occurred within the scope of
Commission employment, duties, or
responsibilities, or that such person had a
reasonable basis for believing occurred within the
scope of Commission employment, duties, or
responsibilities, provided that the actual or
alleged act, error, or omission did not result from
the intentional or willful or wanton misconduct of
that person.
SECTION 8. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, and utilization of a coordinated database and
reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member
states.
B. Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the data
system on all individuals to whom this Compact is applicable as
required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact
privilege;
4. Non-confidential information related to
alternative program participation;
5. Any denial of application for licensure, and the
reason(s) for such denial; and
6. Other information that may facilitate the
administration of this Compact, as determined by
the rules of the Commission.
C. Investigative information pertaining to a licensee in
any member state will only be available to other party states.
D. The Commission shall promptly notify all member states of
any adverse action taken against a licensee or an individual
applying for a license. Adverse action information pertaining to a
licensee in any member state will be available to any other member
state.
E. Member states contributing information to the data
system may designate information that may not be shared with the
public without the express permission of the contributing state.
F. Any information submitted to the data system that is
subsequently required to be expunged by the laws of the member state
contributing the information shall be removed from the data system.
SECTION 9. RULEMAKING
A. The Commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this Section and the rules
adopted thereunder. Rules and amendments shall become binding as of
the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the same
manner used to adopt the Compact within 4 years of the date of
adoption of the rule, then such rule shall have no further force and
effect in any member state.
C. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or
rules by the Commission, and at least thirty (30) days in advance of
the meeting at which the rule will be considered and voted upon, the
Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each member state physical
therapy licensing board or other publicly
accessible platform or the publication in which
each state would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the
meeting in which the rule will be considered and
voted upon;
2. The text of the proposed rule or amendment and the
reason for the proposed rule;
3. A request for comments on the proposed rule from any
interested person; and
4. The manner in which interested persons may submit
notice to the Commission of their intention to
attend the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission
shall allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or
agency; or
3. An association having at least twenty-five (25)
members.
H. If a hearing is held on the proposed rule or amendment,
the Commission shall publish the place, time, and date of the
scheduled public hearing. If the hearing is held via electronic
means, the Commission shall publish the mechanism for access to the
electronic hearing.
1. All persons wishing to be heard at the hearing shall
notify the executive director of the Commission or
other designated member in writing of their desire
to appear and testify at the hearing not less than
five (5) business days before the scheduled date of
the hearing.
2. Hearings shall be conducted in a manner providing
each person who wishes to comment a fair and
reasonable opportunity to comment orally or in
writing.
3. All hearings will be recorded. A copy of the
recording will be made available on request.
4. Nothing in this section shall be construed as
requiring a separate hearing on each rule. Rules
may be grouped for the convenience of the
Commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not held,
the Commission shall consider all written and oral comments
received.
J. If no written notice of intent to attend the public
hearing by interested parties is received, the Commission may
proceed with promulgation of the proposed rule without a public
hearing.
K. The Commission shall, by majority vote of all members,
take final action on the proposed rule and shall determine the
effective date of the rule, if any, based on the rulemaking record
and the full text of the rule.
L. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency rule without prior
notice, opportunity for comment, or hearing, provided that the
usual rulemaking procedures provided in the Compact and in this
section shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than ninety (90) days after
the effective date of the rule. For the purposes of this provision,
an emergency rule is one that must be adopted immediately in order
to:
1. Meet an imminent threat to public health, safety,
or welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an
administrative rule that is established by federal
law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors, errors
in format, errors in consistency, or grammatical errors. Public
notice of any revisions shall be posted on the website of the
Commission. The revision shall be subject to challenge by any
person for a period of thirty (30) days after posting. The revision
may be challenged only on grounds that the revision results in a
material change to a rule. A challenge shall be made in writing, and
delivered to the chair of the Commission prior to the end of the
notice period. If no challenge is made, the revision will take
effect without further action. If the revision is challenged, the
revision may not take effect without the approval of the
Commission.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches
of state government in each member state shall
enforce this Compact and take all actions necessary
and appropriate to effectuate the Compact's
purposes and intent. The provisions of this Compact
and the rules promulgated hereunder shall have
standing as statutory law.
2. All courts shall take judicial notice of the
Compact and the rules in any judicial or
administrative proceeding in a member state
pertaining to the subject matter of this Compact
which may affect the powers, responsibilities or
actions of the Commission.
3. The Commission shall be entitled to receive service
of process in any such proceeding, and shall have
standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to
the Commission shall render a judgment or order
void as to the Commission, this Compact, or
promulgated rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a member state
has defaulted in the performance of its obligations
or responsibilities under this Compact or the
promulgated rules, the Commission shall:
a. Provide written notice to the defaulting state
and other member states of the nature of the
default, the proposed means of curing the
default and/or any other action to be taken by
the Commission; and
b. Provide remedial training and specific
technical assistance regarding the default.
2. If a state in default fails to cure the default, the
defaulting state may be terminated from the Compact
upon an affirmative vote of a majority of the
member states, and all rights, privileges and
benefits conferred by this Compact may be
terminated on the effective date of termination. A
cure of the default does not relieve the offending
state of obligations or liabilities incurred
during the period of default.
3. Termination of membership in the Compact shall be
imposed only after all other means of securing
compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the
Commission to the governor, the majority and
minority leaders of the defaulting state's
legislature, and each of the member states.
4. A state that has been terminated is responsible for
all assessments, obligations, and liabilities
incurred through the effective date of
termination, including obligations that extend
beyond the effective date of termination.
5. The Commission shall not bear any costs related to a
state that is found to be in default or that has
been terminated from the Compact, unless agreed
upon in writing between the Commission and the
defaulting state.
6. The defaulting state may appeal the action of the
Commission by petitioning the U.S. District Court
for the District of Columbia or the federal
district where the Commission has its principal
offices. The prevailing member shall be awarded all
costs of such litigation, including reasonable
attorney's fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission
shall attempt to resolve disputes related to the
Compact that arise among member states and between
member and non-member states.
2. The Commission shall promulgate a rule providing
for both mediation and binding dispute resolution
for disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules
of this Compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the
District of Columbia or the federal district where
the Commission has its principal offices against a
member state in default to enforce compliance with
the provisions of the Compact and its promulgated
rules and bylaws. The relief sought may include
both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing
member shall be awarded all costs of such
litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may
pursue any other remedies available under federal or
state law.
SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the tenth member state.
The provisions, which become effective at that time, shall be
limited to the powers granted to the Commission relating to
assembly and the promulgation of rules. Thereafter, the Commission
shall meet and exercise rulemaking powers necessary to the
implementation and administration of the Compact.
B. Any state that joins the Compact subsequent to the
Commission's initial adoption of the rules shall be subject to the
rules as they exist on the date on which the Compact becomes law in
that state. Any rule that has been previously adopted by the
Commission shall have the full force and effect of law on the day
the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by
enacting a statute repealing the same.
1. A member state's withdrawal shall not take effect
until six (6) months after enactment of the
repealing statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing state's physical
therapy licensing board to comply with the
investigative and adverse action reporting
requirements of this act prior to the effective
date of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any physical therapy licensure agreement or
other cooperative arrangement between a member state and a
non-member state that does not conflict with the provisions of this
Compact.
E. This Compact may be amended by the member states. No
amendment to this Compact shall become effective and binding upon
any member state until it is enacted into the laws of all member
states.
SECTION 12. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Compact shall be
severable and if any phrase, clause, sentence or provision of this
Compact is declared to be contrary to the constitution of any party
state or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the
validity of the remainder of this Compact and the applicability
thereof to any government, agency, person or circumstance shall not
be affected thereby. If this Compact shall be held contrary to the
constitution of any party state, the Compact shall remain in full
force and effect as to the remaining party states and in full force
and effect as to the party state affected as to all severable
matters.
Sec. 453.502. ADMINISTRATION OF COMPACT. The board is the
Physical Therapy Licensure Compact administrator for this state.
Sec. 453.503. RULES. The board may adopt rules necessary to
implement this subchapter.
Sec. 453.504. PHYSICAL THERAPY LICENSURE COMPACT;
DISCLOSURE OF PERSONAL INFORMATION. (a) In reporting information
to the coordinated database and reporting system under Section 8 of
the Physical Therapy Licensure Compact, the board may disclose
personally identifiable information about a physical therapist or a
physical therapist assistant, including the person's social
security number.
(b) The coordinated database and reporting system may not
share personally identifiable information with a state that is not
a party to the compact unless the state agrees to not disclose that
information to any other person.
ARTICLE 4. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
SECTION 4.01. Section 454.003, Occupations Code, is amended
to read as follows:
Sec. 454.003. APPLICATION OF SUNSET ACT. The Texas Board of
Occupational Therapy Examiners is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished and this chapter
expires September 1, 2029 [2017].
SECTION 4.02. Section 454.005(b), Occupations Code, is
amended to read as follows:
(b) The licensing provisions of this chapter do not apply
to:
(1) an occupational therapy aide assisting a license
holder under this chapter;
(2) a person engaged in a course of study leading to a
degree or certificate in occupational therapy at an accredited or
approved educational program if:
(A) the activities and services constitute a part
of a supervised course of study; and
(B) the person is designated by a title that
clearly indicates the person's status as a student or trainee;
(3) a person fulfilling the supervised field work
experience requirements of Section 454.203, if those activities and
services constitute a part of the experience necessary to meet the
requirement of that section;
(4) an occupational therapist performing a special
project in patient care while working toward an advanced degree
from an accredited college or university;
(5) an occupational therapist or occupational therapy
assistant who does not live in this state and who:
(A) is licensed by another state or who meets the
requirements for certification established by the National Board
for Certification in Occupational Therapy [American Occupational
Therapy Association] as an occupational therapist registered (OTR)
or a certified occupational therapy assistant (COTA); and
(B) comes into this state for not more than four
consecutive months to:
(i) provide or attend an educational
activity;
(ii) assist in a case of medical emergency;
or
(iii) engage in a special occupational
therapy project; or
(6) a qualified and properly trained person acting
under a physician's supervision under Section 157.001.
SECTION 4.03. Section 454.053, Occupations Code, is amended
to read as follows:
Sec. 454.053. MEMBERSHIP RESTRICTIONS. (a) In this
section, "Texas trade association" means a [nonprofit,]
cooperative[,] and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) A person [An officer, employee, or paid consultant of a
Texas trade association in the field of health care] may not be a
member of the board if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's[.
[(c) A person who is the] spouse is [of] an officer,
manager, or paid consultant of a Texas trade association in the
field of health care [may not be a member of the board].
(c) [(d)] A person may not be [serve as] a member of the
board if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the executive council or the board.
SECTION 4.04. Sections 454.055(a) and (c), Occupations
Code, are amended to read as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 454.051(a);
(2) does not maintain during service on the board the
qualifications required by Section 454.051(a);
(3) is ineligible for membership under [violates a
prohibition established by] Section 454.052 or 454.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved [unless the
absence is excused] by a majority vote of the board.
(c) If the coordinator of occupational therapy programs has
knowledge that a potential ground for removal exists, the
coordinator shall notify the presiding officer of the board of the
potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the coordinator shall notify the next highest
ranking officer of the board, who shall then notify the governor and
the attorney general that a potential ground for removal exists.
SECTION 4.05. Section 454.057, Occupations Code, is amended
to read as follows:
Sec. 454.057. OFFICERS. (a) The governor shall designate a
member of the board as the presiding officer of the board to serve
in that capacity at the pleasure of the governor.
(b) After the appointment of members every two years, the
members of the board shall elect from among its members [a presiding
officer,] a secretary[,] and other officers required to conduct the
business of the board.
SECTION 4.06. Section 454.059, Occupations Code, is amended
to read as follows:
Sec. 454.059. TRAINING. (a) A person who is appointed to
and qualifies for office as [Before] a member of the board may not
vote, deliberate, or be counted as a member in attendance at a
meeting of the board until the person completes [assume the
member's duties, the member must complete at least] a [course of
the] training program that complies with [established by the board
under] this section.
(b) The training program must [shall] provide the person
with information [to a participant] regarding:
(1) the law governing board and executive council
operations [this chapter];
(2) the programs, functions, rules, and budget of
[operated by] the board and executive council;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the board and executive council;
(4) [the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the board;
[(6)] the results of the most recent formal audit of
the board and executive council;
(5) [(7)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the board
in performing their duties [Chapters 551, 552, 2001, and 2002,
Government Code;
[(8) the requirements of the conflict of interest laws
and other laws relating to public officials]; and
(6) [(9)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the person's attendance at the program occurs
before or after the person qualifies for office [In developing the
training requirements provided for by this section, the board shall
consult with the governor's office, the attorney general's office,
and the Texas Ethics Commission].
(d) The director of the executive council shall create a
training manual that includes the information required by
Subsection (b). The director shall distribute a copy of the
training manual annually to each board member. On receipt of the
training manual, each board member shall sign and submit to the
director a statement acknowledging receipt of the training manual
[If another state agency or entity is given the authority to
establish the training requirements, the board shall allow that
training instead of developing its own program].
SECTION 4.07. Section 454.105(b), Occupations Code, is
amended to read as follows:
(b) The board shall develop and implement policies that
clearly separate [define] the policymaking [respective]
responsibilities of the board and the management responsibilities
of the director and [the] staff of the executive council.
SECTION 4.08. Subchapter C, Chapter 454, Occupations Code,
is amended by adding Sections 454.1061 and 454.108 to read as
follows:
Sec. 454.1061. PLACE OF EMPLOYMENT. The board may require
that a license holder provide current information in a readily
accessible and usable format regarding the license holder's current
place of employment as an occupational therapist or occupational
therapy assistant.
Sec. 454.108. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop a policy to encourage the
use of:
(1) negotiated rulemaking under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 4.09. Section 454.153(e), Occupations Code, is
amended to read as follows:
(e) The staff of the executive council [coordinator of
occupational therapy programs] shall notify the board of a
complaint that extends beyond the time prescribed by the board for
resolving the complaint so that the board may take necessary action
on the complaint.
SECTION 4.10. The heading to Subchapter E, Chapter 454,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. LICENSE REQUIREMENTS[; REGISTRATION OF FACILITIES]
SECTION 4.11. Section 454.203(a), Occupations Code, is
amended to read as follows:
(a) An applicant for an occupational therapist license or an
occupational therapy assistant license must present evidence
satisfactory to the board that the applicant has:
(1) successfully completed the academic and
supervised field work experience requirements of an educational
program in occupational therapy recognized by the board, as
provided by Section 454.204; and
(2) [successfully completed a period of supervised
field work experience arranged by the recognized educational
institution at which the applicant met the academic requirements;
and
[(3)] passed an examination as provided by Section
454.207.
SECTION 4.12. Section 454.207, Occupations Code, is amended
to read as follows:
Sec. 454.207. LICENSE EXAMINATION. (a) The board by rule
shall recognize a national testing entity to administer the
examinations required to obtain an occupational therapist or
occupational therapy assistant license.
(b) The [examine each applicant for a license by written]
examination must [to] test the applicant's knowledge of the basic
and clinical sciences relating to occupational therapy,
occupational therapy techniques and methods, and other subjects the
board may require to determine the applicant's fitness to practice.
[(b) The board shall examine applicants for licenses at
least twice each year at the board's regular meetings and under the
supervision required by the board.]
(c) The national testing entity recognized by the board
shall be responsible for overseeing the examination process,
including responsibility for:
(1) specifying application requirements for the
examination;
(2) specifying reexamination requirements for the
examination;
(3) verifying that an applicant meets the educational
and supervised field experience requirements established by the
board; and
(4) notifying an applicant and the board of the
applicant's examination results [board shall:
[(1) approve an examination for:
[(A) occupational therapists; and
[(B) occupational therapy assistants;
[(2) establish standards for acceptable performance;
and
[(3) have the written portion of the examination
validated by an independent testing entity].
(d) The rules adopted under this section may require that an
applicant authorize the national testing entity to directly provide
to the board the applicant's examination results [board shall give
reasonable public notice of the examination in accordance with its
rules].
(e) The board may require an applicant for an occupational
therapist or occupational therapy assistant license to pass a
jurisprudence examination.
SECTION 4.13. Subchapter E, Chapter 454, Occupations Code,
is amended by adding Sections 454.216 and 454.217 to read as
follows:
Sec. 454.216. LICENSE BY ENDORSEMENT. (a) The board shall
issue an occupational therapist license or an occupational therapy
assistant license, as applicable, to an applicant who holds a
current, unrestricted license in another jurisdiction that
maintains licensing requirements that are substantially equivalent
to the requirements under this chapter. An applicant for a license
under this section must:
(1) present proof to the board that the applicant is
licensed in good standing as an occupational therapist or
occupational therapy assistant in that jurisdiction;
(2) provide to the board information regarding the
status of any other professional license that the applicant holds
or has held in this state or another jurisdiction;
(3) present proof to the board that the applicant has
passed a jurisprudence examination required by the board;
(4) meet the qualifications required by Section
454.203 or 454.205, as applicable;
(5) not have committed an act that is grounds for
denial of a license under Section 454.301;
(6) submit to the board a current photograph that
meets the requirements for a United States passport; and
(7) meet any additional requirements provided by board
rule.
(b) The board shall adopt rules for issuing a provisional
license under Section 454.210 to an applicant for a license by
endorsement who encounters a delay that is outside the applicant's
control in submitting to the board the documentation required by
this section.
Sec. 454.217. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE ISSUANCE. (a) The board shall require that an applicant
for a license submit a complete and legible set of fingerprints, on
a form prescribed by the board, to the board or to the Department of
Public Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
(b) The board may not issue a license to a person who does
not comply with the requirement of Subsection (a).
(c) The board shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the board by the Department of
Public Safety, the Federal Bureau of Investigation, and any other
criminal justice agency under Chapter 411, Government Code.
(d) The board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
SECTION 4.14. Section 454.252(b), Occupations Code, is
amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the executive council the
renewal fee and a late fee set by the executive council that may not
exceed one-half of the renewal [examination] fee for the license.
If a person's license has been expired for more than 90 days but
less than one year, the person may renew the license by paying to
the executive council all unpaid renewal fees and a late fee set by
the executive council that may not exceed the amount of the renewal
fee [charged for examination for the license].
SECTION 4.15. Section 454.253(b), Occupations Code, is
amended to read as follows:
(b) The person must pay to the executive council a renewal
fee set by the executive council under this section in an amount
that may not exceed the renewal [examination] fee for the license.
SECTION 4.16. Section 454.254, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) The board by rule shall establish a process for
selecting a license holder peer organization in this state to
evaluate and approve continuing education courses under Subsection
(d). The selection process must include a request for proposal and
bidding process. If the board authorizes a peer organization to
evaluate and approve continuing education courses under Subsection
(d), the board shall request bids and proposals from that
organization and other organizations at least once every four
years.
SECTION 4.17. Subchapter F, Chapter 454, Occupations Code,
is amended by adding Section 454.255 to read as follows:
Sec. 454.255. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
license issued under this chapter shall submit a complete and
legible set of fingerprints for purposes of performing a criminal
history record information check of the applicant as provided by
Section 454.217.
(b) The board may administratively suspend or refuse to
renew the license of a person who does not comply with the
requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the license
holder has previously submitted fingerprints under:
(1) Section 454.217 for the initial issuance of the
license; or
(2) this section as part of a prior license renewal.
SECTION 4.18. Subchapter G, Chapter 454, Occupations Code,
is amended by adding Sections 454.3025 and 454.307 to read as
follows:
Sec. 454.3025. SCHEDULE OF SANCTIONS. (a) The board by
rule shall adopt a schedule of administrative penalties and other
sanctions that the board may impose under this chapter. In adopting
the schedule of sanctions, the board shall ensure that the amount of
the penalty or severity of the sanction imposed is appropriate to
the type of violation or conduct that is the basis for disciplinary
action. In determining the appropriate disciplinary action,
including the amount of any administrative penalty to assess, the
board shall consider:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and
gravity of the violation; and
(B) the hazard or potential hazard created to the
health, safety, or economic welfare of the public;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts to correct the violation;
(5) the economic harm to the public interest or public
confidence caused by the violation;
(6) whether the violation was intentional; and
(7) any other matter that justice requires.
(b) The board shall make the schedule of sanctions adopted
under Subsection (a) available to the public on request.
Sec. 454.307. RECORD OF DISCIPLINARY ACTION; EXPUNGEMENT.
(a) The board by rule shall establish a process to expunge any
record of disciplinary action taken against a license holder before
September 1, 2017, for practicing in a facility that failed to meet
the registration requirements of Section 454.215, as that section
existed on January 1, 2017. The rules must provide that the board
may not expunge a record under this section after September 1, 2019.
(b) This section expires September 1, 2019.
SECTION 4.19. Sections 454.3521(a) and (b), Occupations
Code, are amended to read as follows:
(a) The board may impose an administrative penalty against a
person licensed [or facility registered] under this chapter who
violates this chapter or a rule or order adopted under this chapter.
(b) The penalty may not exceed $200, and each day a
violation continues or occurs is a separate violation for the
purpose of imposing a penalty. The amount of the penalty shall be
determined according to the sanctions schedule under Section
454.3025 [based on:
[(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts,
and the hazard or potential hazard created to the health, safety, or
economic welfare of the public;
[(2) the history of previous violations;
[(3) the amount necessary to deter a future violation;
[(4) efforts to correct the violation; and
[(5) any other matter that justice requires].
SECTION 4.20. The following provisions of the Occupations
Code are repealed:
(1) Section 454.203(b);
(2) Section 454.205(b);
(3) Section 454.206;
(4) Section 454.208;
(5) Section 454.209; and
(6) Section 454.215.
SECTION 4.21. (a) Except as provided by Subsection (b) of
this section, Section 454.059, Occupations Code, as amended by this
article, applies to a member of the Texas Board of Occupational
Therapy Examiners appointed before, on, or after the effective date
of this article.
(b) A member of the Texas Board of Occupational Therapy
Examiners who, before the effective date of this article, completed
the training program required by Section 454.059, Occupations Code,
as that law existed before the effective date of this article, is
required to complete additional training only on subjects added to
the training program required by Section 454.059, Occupations Code,
as amended by this article. A board member described by this
subsection may not vote, deliberate, or be counted as a member in
attendance at a meeting of the Texas Board of Occupational Therapy
Examiners held on or after December 1, 2017, until the member
completes the additional training.
SECTION 4.22. As soon as practicable after the effective
date of this article, the director of the Executive Council of
Physical Therapy and Occupational Therapy Examiners shall create
the training manual required by Section 454.059(d), Occupations
Code, as amended by this article.
SECTION 4.23. As soon as practicable after the effective
date of this article, the Texas Board of Occupational Therapy
Examiners shall:
(1) develop and implement the policies required by:
(A) Section 454.105(b), Occupations Code, as
amended by this article; and
(B) Section 454.108, Occupations Code, as added
by this article; and
(2) adopt any rules necessary to implement Chapter
454, Occupations Code, as amended by this article.
SECTION 4.24. Not later than September 1, 2018, the Texas
Board of Occupational Therapy Examiners shall establish the request
for proposal and bidding process required by Section 454.254(e),
Occupations Code, as added by this article.
SECTION 4.25. Sections 454.203, 454.205, 454.252, and
454.253, Occupations Code, as amended by this article, and Sections
454.217 and 454.255, Occupations Code, as added by this article,
apply only to an application for the issuance or renewal of an
occupational therapist or occupational therapy assistant license
submitted to the Texas Board of Occupational Therapy Examiners on
or after the effective date of this article. An application
submitted before that date is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 4.26. A person who holds an occupational therapist
or occupational therapy assistant license issued before the
effective date of this article may continue to renew that license
without complying with the changes in law made by this article to
Section 454.203, Occupations Code.
SECTION 4.27. (a) The Texas Board of Occupational Therapy
Examiners shall dismiss the portion of any complaint, penalty,
disciplinary action, or contested case pending on the effective
date of this article that is based on a violation of rules adopted
under Section 454.215, Occupations Code, as repealed by this
article.
(b) Section 454.307, Occupations Code, as added by this
article, applies only to records of disciplinary action for conduct
that occurred before the effective date of this article.
SECTION 4.28. Section 454.3025, Occupations Code, as added
by this article, and Section 454.3521(b), Occupations Code, as
amended by this article, apply only to conduct that occurs on or
after the date that rules adopted under Section 454.3025 take
effect. Conduct that occurs before that date is governed by the law
in effect before the effective date of this article, and the former
law is continued in effect for that purpose.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act takes effect September 1, 2017.