Texas 2017 - 85th Regular

Texas House Bill HB442 Compare Versions

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1	1	By: Martinez (Senate Sponsor - Taylor of Collin) H.B. No. 442
2	2	(In the Senate - Received from the House April 24, 2017;
3	3	May 10, 2017, read first time and referred to Committee on Business &
4	4	Commerce; May 22, 2017, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 8, Nays 0;
6	6	May 22, 2017, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 442 By: Creighton
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the licensing and regulation of certain professions,
14	14	including the online publication of home addresses of certain
15	15	occupational license holders.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Subchapter B, Chapter 403, Occupations Code, is
18	18	amended by adding Section 403.053 to read as follows:
19	19	Sec. 403.053. PUBLISHING LICENSE HOLDER HOME ADDRESS
20	20	PROHIBITED. (a) The department may not include the home address of
21	21	a person licensed under this chapter in a roster, registry, or other
22	22	database the department publishes on the department's Internet
23	23	website unless the person requests that the person's home address
24	24	appear in the roster, registry, or other database on the website. A
25	25	request under this subsection must be made in the manner prescribed
26	26	by the department.
27	27	(b) The home address of a person licensed under this chapter
28	28	that is included in a roster, registry, or other database the
29	29	department maintains is public information and is not excepted from
30	30	required disclosure under Chapter 552, Government Code.
31	31	SECTION 2. Section 501.059, Occupations Code, is amended by
32	32	amending Subsection (b) and adding Subsection (d) to read as
33	33	follows:
34	34	(b) The training program must provide the person with
35	35	information regarding:
36	36	(1) the law governing board operations;
37	37	(2) [this chapter and] the programs, functions, rules,
38	38	and budget of the board;
39	39	(3) the scope of and limitations on the rulemaking
40	40	authority of the board;
41	41	(4) the types of board rules, interpretations, and
42	42	enforcement actions that may implicate federal antitrust law by
43	43	limiting competition or impacting prices charged by persons engaged
44	44	in a profession or business the board regulates, including rules,
45	45	interpretations, and enforcement actions that:
46	46	(A) regulate the scope of practice of persons in
47	47	a profession or business the board regulates;
48	48	(B) restrict advertising by persons in a
49	49	profession or business the board regulates;
50	50	(C) affect the price of goods or services
51	51	provided by persons in a profession or business the board
52	52	regulates; and
53	53	(D) restrict participation in a profession or
54	54	business the board regulates;
55	55	(5) [(2)] the results of the most recent formal audit
56	56	of the board;
57	57	(6) [(3)] the requirements of:
58	58	(A) laws relating to open meetings, public
59	59	information, administrative procedure, and disclosing conflicts of
60	60	interest; and
61	61	(B) other laws applicable to members of the board
62	62	in performing their duties; and
63	63	(7) [(4)] any applicable ethics policies adopted by
64	64	the board or the Texas Ethics Commission.
65	65	(d) The executive director shall create a training manual
66	66	that includes the information required by Subsection (b). The
67	67	executive director shall distribute a copy of the training manual
68	68	annually to each board member. On receipt of the training manual,
69	69	each board member shall sign and submit to the executive director a
70	70	statement acknowledging receipt of the training manual.
71	71	SECTION 3. Sections 501.158(c) and (e), Occupations Code,
72	72	are amended to read as follows:
73	73	(c) The board shall issue an order requiring a [an applicant
74	74	or] person [seeking renewal of a provisional license] who refuses
75	75	to submit to an examination under this section to show cause for the
76	76	person's refusal at a hearing on the order scheduled for not later
77	77	than the 30th day after the date notice is served on the person. The
78	78	board shall provide notice under this section by personal service
79	79	or by registered mail, return receipt requested.
80	80	(e) Unless the request is withdrawn, the board may take
81	81	disciplinary action against a person who refuses to submit to the
82	82	physical or mental examination [may not take the provisional
83	83	license examination or renew the person's license, as appropriate].
84	84	SECTION 4. Sections 501.205(a) and (b), Occupations Code,
85	85	are amended to read as follows:
86	86	(a) Except as provided by Subsection (b), a complaint and
87	87	investigation [concerning a license holder] and all information and
88	88	materials compiled by the board in connection with the complaint
89	89	and investigation are not subject to:
90	90	(1) disclosure under Chapter 552, Government Code; or
91	91	(2) disclosure, discovery, subpoena, or other means of
92	92	legal compulsion for release of information to any person.
93	93	(b) A complaint or investigation [subject to Subsection
94	94	(a)] and all information and materials compiled by the board in
95	95	connection with the complaint may be disclosed to:
96	96	(1) the board and board employees or agents involved
97	97	in license holder discipline;
98	98	(2) a party to a disciplinary action against the
99	99	license holder or that party's designated representative;
100	100	(3) a law enforcement agency if required by law;
101	101	(4) a governmental agency, if:
102	102	(A) the disclosure is required or permitted by
103	103	law; and
104	104	(B) the agency obtaining the disclosure protects
105	105	the identity of any patient whose records are examined; or
106	106	(5) a legislative committee or committee staff
107	107	directed to make an inquiry regarding state hospitals or schools,
108	108	by either house of the legislature, the presiding officer of either
109	109	house of the legislature, or the chairman of the legislative
110	110	committee if the information or records that identify a patient or
111	111	client are not released for any purpose unless the patient consents
112	112	and the records are created by the state hospital or school or its
113	113	employees.
114	114	SECTION 5. The heading to Section 501.301, Occupations
115	115	Code, is amended to read as follows:
116	116	Sec. 501.301. LICENSE EXPIRATION AND RENEWAL.
117	117	SECTION 6. Section 501.301(a), Occupations Code, is amended
118	118	to read as follows:
119	119	(a) The board shall adopt rules providing for the expiration
120	120	and renewal of a [A] license issued under this chapter. The rules
121	121	must require a license be renewed annually or biennially [expires
122	122	on December 31 of the year following the date the license is issued
123	123	or renewed. A license of a psychological associate expires on May
124	124	31 of the year following the date the license is issued or renewed].
125	125	SECTION 7. Subchapter I, Chapter 501, Occupations Code, is
126	126	amended by adding Section 501.411 to read as follows:
127	127	Sec. 501.411. REMEDIAL PLAN. (a) The board may issue and
128	128	establish the terms of a remedial plan to resolve the investigation
129	129	of a complaint filed under this chapter.
130	130	(b) The board by rule shall establish the types of
131	131	complaints or violations that may be resolved with a remedial plan.
132	132	The rules must provide that a remedial plan may not be imposed to
133	133	resolve a complaint:
134	134	(1) involving conduct that poses a significant risk of
135	135	harm to a patient; or
136	136	(2) in which the appropriate resolution may involve
137	137	revoking, suspending, limiting, or restricting a person's license.
138	138	(c) A remedial plan may not contain a provision that:
139	139	(1) revokes, suspends, limits, or restricts a person's
140	140	license; or
141	141	(2) assesses an administrative penalty against a
142	142	person.
143	143	(d) The board may not issue a remedial plan to resolve a
144	144	complaint against a license holder if the license holder has
145	145	previously entered into a remedial plan with the board for the
146	146	resolution of a different complaint filed under this chapter.
147	147	(e) The board may assess a fee against a license holder
148	148	participating in a remedial plan in an amount necessary to recover
149	149	the costs of administering the plan.
150	150	SECTION 8. Section 502.059, Occupations Code, is amended by
151	151	amending Subsection (b) and adding Subsection (d) to read as
152	152	follows:
153	153	(b) The training program must provide the person with
154	154	information regarding:
155	155	(1) the law governing board operations [this chapter];
156	156	(2) the programs, [operated by the board;
157	157	[(3) the role and] functions, [of the board;
158	158	[(4) the] rules, and [of the board, with an emphasis on
159	159	the rules that relate to disciplinary and investigatory authority;
160	160	[(5) the current] budget of [for] the board;
161	161	(3) the scope of and limitations on the rulemaking
162	162	authority of the board;
163	163	(4) the types of board rules, interpretations, and
164	164	enforcement actions that may implicate federal antitrust law by
165	165	limiting competition or impacting prices charged by persons engaged
166	166	in a profession or business the board regulates, including rules,
167	167	interpretations, and enforcement actions that:
168	168	(A) regulate the scope of practice of persons in
169	169	a profession or business the board regulates;
170	170	(B) restrict advertising by persons in a
171	171	profession or business the board regulates;
172	172	(C) affect the price of goods or services
173	173	provided by persons in a profession or business the board
174	174	regulates; and
175	175	(D) restrict participation in a profession or
176	176	business the board regulates;
177	177	(5) [(6)] the results of the most recent formal audit
178	178	of the board;
179	179	(6) [(7)] the requirements of:
180	180	(A) laws relating to open meetings, public
181	181	information, administrative procedure, and disclosing conflicts
182	182	[conflict] of interest; and
183	183	(B) other laws applicable to members of the board
184	184	in performing their duties; and
185	185	(7) [(8)] any applicable ethics policies adopted by
186	186	the board or the Texas Ethics Commission.
187	187	(d) The executive director shall create a training manual
188	188	that includes the information required by Subsection (b). The
189	189	executive director shall distribute a copy of the training manual
190	190	annually to each board member. On receipt of the training manual,
191	191	each board member shall sign and submit to the executive director a
192	192	statement acknowledging receipt of the training manual.
193	193	SECTION 9. Section 502.252(c), Occupations Code, is amended
194	194	to read as follows:
195	195	(c) An applicant is eligible to apply for a license as a
196	196	licensed marriage and family therapist if the person:
197	197	(1) meets the requirements of Subsection (b);
198	198	(2) after receipt of a degree described by Subsection
199	199	(b)(4), has completed two years of work experience in marriage and
200	200	family therapist services that includes at least 3,000 hours of
201	201	clinical practice consisting of [which:
202	202	[(A)] at least 1,500 hours [consist] of direct
203	203	clinical services, including a minimum number of [; and (B) at
204	204	least 750] hours providing [consist of] direct clinical services to
205	205	couples or families as required by board rule; and
206	206	(3) has completed, in a manner acceptable to the
207	207	board, at least 200 hours of supervised provision of direct
208	208	clinical services by the applicant, 100 hours of which must be
209	209	supervised on an individual basis.
210	210	SECTION 10. Section 503.110, Occupations Code, is amended
211	211	by amending Subsection (b) and adding Subsection (d) to read as
212	212	follows:
213	213	(b) The training program must provide the person with
214	214	information regarding:
215	215	(1) the law governing board operations;
216	216	(2) [this chapter and] the [board's] programs,
217	217	functions, rules, and budget of the board;
218	218	(3) the scope of and limitations on the rulemaking
219	219	authority of the board;
220	220	(4) the types of board rules, interpretations, and
221	221	enforcement actions that may implicate federal antitrust law by
222	222	limiting competition or impacting prices charged by persons engaged
223	223	in a profession or business the board regulates, including rules,
224	224	interpretations, and enforcement actions that:
225	225	(A) regulate the scope of practice of persons in
226	226	a profession or business the board regulates;
227	227	(B) restrict advertising by persons in a
228	228	profession or business the board regulates;
229	229	(C) affect the price of goods or services
230	230	provided by persons in a profession or business the board
231	231	regulates; and
232	232	(D) restrict participation in a profession or
233	233	business the board regulates;
234	234	(5) [(2)] the results of the most recent formal audit
235	235	of the board;
236	236	(6) [(3)] the requirements of:
237	237	(A) laws relating to open meetings, public
238	238	information, administrative procedure, and disclosing
239	239	conflicts-of-interest; and
240	240	(B) other laws applicable to members of the board
241	241	in performing their duties; and
242	242	(7) [(4)] any applicable ethics policies adopted by
243	243	the board or the Texas Ethics Commission.
244	244	(d) The executive director shall create a training manual
245	245	that includes the information required by Subsection (b). The
246	246	executive director shall distribute a copy of the training manual
247	247	annually to each board member. On receipt of the training manual,
248	248	each board member shall sign and submit to the executive director a
249	249	statement acknowledging receipt of the training manual.
250	250	SECTION 11. Section 503.207, Occupations Code, is amended
251	251	by adding Subsections (c) and (d) to read as follows:
252	252	(c) The board may not include the home address of a person
253	253	licensed under this chapter in a registry the board publishes on the
254	254	board's Internet website unless the person requests that the
255	255	person's home address appear in the registry on the website. A
256	256	request under this subsection must be made in the manner prescribed
257	257	by the board.
258	258	(d) The home address of a person licensed under this chapter
259	259	that is included in the registry the board prepares under this
260	260	section is public information and is not excepted from required
261	261	disclosure under Chapter 552, Government Code.
262	262	SECTION 12. Section 504.055, Occupations Code, is amended
263	263	by adding Subsections (e) and (f) to read as follows:
264	264	(e) The department may not include the home address of a
265	265	person licensed by the department in a roster the department
266	266	publishes on the department's Internet website unless the person
267	267	requests that the person's home address appear in the roster on the
268	268	website. A request under this subsection must be made in the manner
269	269	prescribed by the department.
270	270	(f) The home address of a person licensed under this chapter
271	271	that is included in a roster the department prepares under this
272	272	section is public information and is not excepted from required
273	273	disclosure under Chapter 552, Government Code.
274	274	SECTION 13. Section 505.109, Occupations Code, is amended
275	275	by amending Subsection (b) and adding Subsection (d) to read as
276	276	follows:
277	277	(b) The training program must provide the person with
278	278	information regarding:
279	279	(1) the law governing [legislation that created the]
280	280	board operations;
281	281	(2) [and] the [board's] programs, functions, rules,
282	282	and budget of the board;
283	283	(3) the scope of and limitations on the rulemaking
284	284	authority of the board;
285	285	(4) the types of board rules, interpretations, and
286	286	enforcement actions that may implicate federal antitrust law by
287	287	limiting competition or impacting prices charged by persons engaged
288	288	in a profession or business the board regulates, including rules,
289	289	interpretations, and enforcement actions that:
290	290	(A) regulate the scope of practice of persons in
291	291	a profession or business the board regulates;
292	292	(B) restrict advertising by persons in a
293	293	profession or business the board regulates;
294	294	(C) affect the price of goods or services
295	295	provided by persons in a profession or business the board
296	296	regulates; and
297	297	(D) restrict participation in a profession or
298	298	business the board regulates;
299	299	(5) [(2)] the results of the most recent formal audit
300	300	of the board;
301	301	(6) [(3)] the requirements of:
302	302	(A) laws relating to open meetings, public
303	303	information, administrative procedure, and disclosing conflicts of
304	304	interest; and
305	305	(B) other laws applicable to members of the board
306	306	in performing their duties; and
307	307	(7) [(4)] any applicable ethics policies adopted by
308	308	the board or the Texas Ethics Commission.
309	309	(d) The executive director shall create a training manual
310	310	that includes the information required by Subsection (b). The
311	311	executive director shall distribute a copy of the training manual
312	312	annually to each board member. On receipt of the training manual,
313	313	each board member shall sign and submit to the executive director a
314	314	statement acknowledging receipt of the training manual.
315	315	SECTION 14. Section 505.205, Occupations Code, is amended
316	316	by adding Subsections (d) and (e) to read as follows:
317	317	(d) The board may not include the home address of a person
318	318	licensed under this chapter in a roster the board publishes on the
319	319	board's Internet website unless the person requests that the
320	320	person's home address appear in the roster on the website. A
321	321	request under this subsection must be made in the manner prescribed
322	322	by the board.
323	323	(e) The home address of a person licensed under this chapter
324	324	that is included in the roster the board prepares under this section
325	325	is public information and is not excepted from required disclosure
326	326	under Chapter 552, Government Code.
327	327	SECTION 15. The following provisions of the Occupations
328	328	Code are repealed:
329	329	(1) Section 501.152(b);
330	330	(2) Section 502.153(b);
331	331	(3) Section 503.202(b); and
332	332	(4) Section 505.203(b).
333	333	SECTION 16. (a) Except as provided by Subsection (b) of
334	334	this section, Sections 501.059, 502.059, 503.110, and 505.109,
335	335	Occupations Code, as amended by this Act, apply to a member of the
336	336	applicable board appointed before, on, or after the effective date
337	337	of this Act.
338	338	(b) A member of a board who, before the effective date of
339	339	this Act, completed the training program required by Section
340	340	501.059, 502.059, 503.110, or 505.109, Occupations Code, as the
341	341	applicable law existed before the effective date of this Act, is
342	342	required to complete additional training only on the subjects added
343	343	by this Act to the training program required by Section 501.059,
344	344	502.059, 503.110, or 505.109, Occupations Code, as applicable. A
345	345	board member described by this subsection may not vote, deliberate,
346	346	or be counted as a member in attendance at a meeting of the board
347	347	held on or after December 1, 2017, until the member completes the
348	348	additional training.
349	349	SECTION 17. Section 502.252, Occupations Code, as amended
350	350	by this Act, applies only to an application for a license submitted
351	351	on or after the date on which rules adopted by the Texas State Board
352	352	of Examiners of Marriage and Family Therapists under that section
353	353	take effect. An application submitted before that date is governed
354	354	by the law in effect immediately before the effective date of this
355	355	Act, and the former law is continued in effect for that purpose.
356	356	SECTION 18. This Act takes effect September 1, 2017.
357	357	* * * * *